Bill Text: IL HB4395 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Illinois Governmental Ethics Act. Removes the prohibition on a candidate for elective office who is required to file a statement of economic interests in relation to his or her candidacy from using the Internet to file his or her statement of economic interests.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2018-08-23 - Public Act . . . . . . . . . 100-1041 [HB4395 Detail]

Download: Illinois-2017-HB4395-Chaptered.html

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Public Act 100-1041
HB4395 Enrolled LRB100 17252 RJF 32411 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Governmental Ethics Act is amended
by changing Section 4A-108 as follows:
(5 ILCS 420/4A-108)
Sec. 4A-108. Internet-based systems of filing.
(a) Notwithstanding any other provision of this Act or any
other law, the Secretary of State and county clerks are
authorized to institute an Internet-based system for the filing
of statements of economic interests in their offices. With
respect to county clerk systems, the determination to institute
such a system shall be in the sole discretion of the county
clerk and shall meet the requirements set out in this Section.
With respect to a Secretary of State system, the determination
to institute such a system shall be in the sole discretion of
the Secretary of State and shall meet the requirements set out
in this Section and those Sections of the State Officials and
Employees Ethics Act requiring ethics officer review prior to
filing. The system shall be capable of allowing an ethics
officer to approve a statement of economic interests and shall
include a means to amend a statement of economic interests.
When this Section does not modify or remove the requirements

set forth elsewhere in this Article, those requirements shall
apply to any system of Internet-based filing authorized by this
Section. When this Section does modify or remove the
requirements set forth elsewhere in this Article, the
provisions of this Section shall apply to any system of
Internet-based filing authorized by this Section.
(b) In any system of Internet-based filing of statements of
economic interests instituted by the Secretary of State or a
county clerk:
(1) Any filing of an Internet-based statement of
economic interests shall be the equivalent of the filing of
a verified, written statement of economic interests as
required by Section 4A-101 and the equivalent of the filing
of a verified, dated, and signed statement of economic
interests as required by Section 4A-104.
(2) The Secretary of State and county clerks who
institute a system of Internet-based filing of statements
of economic interests shall establish a password-protected
website to receive the filings of such statements. A
website established under this Section shall set forth and
provide a means of responding to the items set forth in
Section 4A-102 that are required of a person who files a
statement of economic interests with that officer. A
website established under this Section shall set forth and
provide a means of generating a printable receipt page
acknowledging filing.

(3) The times for the filing of statements of economic
interests set forth in Section 4A-105 shall be followed in
any system of Internet-based filing of statements of
economic interests; provided that a candidate for elective
office who is required to file a statement of economic
interests in relation to his or her candidacy pursuant to
Section 4A-105(a) shall not use the Internet to file his or
her statement of economic interests but shall file his or
her statement of economic interests in a written or printed
form and shall receive a written or printed receipt for his
or her filing.
A candidate filing for Governor, Lieutenant Governor,
Attorney General, Secretary of State, Treasurer,
Comptroller, State Senate, or State House of
Representatives shall not use the Internet to file his or
her statement of economic interests, but shall file his or
her statement of economic interests in a written or printed
form and shall receive a written or printed receipt for his
or her filing. Annually, the duly appointed ethics officer
for each legislative caucus shall certify to the Secretary
of State whether his or her caucus members will file their
statements of economic interests electronically or in a
written or printed format for that year. If the ethics
officer for a caucus certifies that the statements of
economic interests shall be written or printed, then
members of the General Assembly of that caucus shall not

use the Internet to file his or her statement of economic
interests, but shall file his or her statement of economic
interests in a written or printed form and shall receive a
written or printed receipt for his or her filing. If no
certification is made by an ethics officer for a
legislative caucus, or if a member of the General Assembly
is not affiliated with a legislative caucus, then the
affected member or members of the General Assembly may file
their statements of economic interests using the Internet.
(4) In the first year of the implementation of a system
of Internet-based filing of statements of economic
interests, each person required to file such a statement is
to be notified in writing of his or her obligation to file
his or her statement of economic interests by way of the
Internet-based system. If access to the web site requires a
code or password, this information shall be included in the
notice prescribed by this paragraph.
(5) When a person required to file a statement of
economic interests has supplied the Secretary of State or a
county clerk, as applicable, with an email address for the
purpose of receiving notices under this Article by email, a
notice sent by email to the supplied email address shall be
the equivalent of a notice sent by first class mail, as set
forth in Section 4A-106. A person who has supplied such an
email address shall notify the Secretary of State or county
clerk, as applicable, when his or her email address changes

or if he or she no longer wishes to receive notices by
email.
(6) If any person who is required to file a statement
of economic interests and who has chosen to receive notices
by email fails to file his or her statement by May 10, then
the Secretary of State or county clerk, as applicable,
shall send an additional email notice on that date,
informing the person that he or she has not filed and
describing the penalties for late filing and failing to
file. This notice shall be in addition to other notices
provided for in this Article.
(7) The Secretary of State and each county clerk who
institutes a system of Internet-based filing of statements
of economic interests may also institute an Internet-based
process for the filing of the list of names and addresses
of persons required to file statements of economic
interests by the chief administrative officers that must
file such information with the Secretary of State or county
clerk, as applicable, pursuant to Section 4A-106. Whenever
the Secretary of State or a county clerk institutes such a
system under this paragraph, every chief administrative
officer must use the system to file this information.
(8) The Secretary of State and any county clerk who
institutes a system of Internet-based filing of statements
of economic interests shall post the contents of such
statements filed with him or her available for inspection

and copying on a publicly accessible website. Such postings
shall not include the addresses or signatures of the
filers.
(Source: P.A. 99-108, eff. 7-22-15.)