Bill Text: IL SB3070 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Governmental Ethics Act. Removes a provision prohibiting a candidate for elective office from using the Internet to file his or her statement of economic interests.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB3070 Detail]
Download: Illinois-2017-SB3070-Introduced.html
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| 1 | AN ACT concerning government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Governmental Ethics Act is amended | |||||||||||||||||||
| 5 | by changing Section 4A-108 as follows:
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| 6 | (5 ILCS 420/4A-108) | |||||||||||||||||||
| 7 | Sec. 4A-108. Internet-based systems of filing. | |||||||||||||||||||
| 8 | (a) Notwithstanding any other provision of this Act or any | |||||||||||||||||||
| 9 | other law, the Secretary of State and county clerks are | |||||||||||||||||||
| 10 | authorized to institute an Internet-based system for the filing | |||||||||||||||||||
| 11 | of statements of economic interests in their offices. With | |||||||||||||||||||
| 12 | respect to county clerk systems, the determination to institute | |||||||||||||||||||
| 13 | such a system shall be in the sole discretion of the county | |||||||||||||||||||
| 14 | clerk and shall meet the requirements set out in this Section. | |||||||||||||||||||
| 15 | With respect to a Secretary of State system, the determination | |||||||||||||||||||
| 16 | to institute such a system shall be in the sole discretion of | |||||||||||||||||||
| 17 | the Secretary of State and shall meet the requirements set out | |||||||||||||||||||
| 18 | in this Section and those Sections of the State Officials and | |||||||||||||||||||
| 19 | Employees Ethics Act requiring ethics officer review prior to | |||||||||||||||||||
| 20 | filing. The system shall be capable of allowing an ethics | |||||||||||||||||||
| 21 | officer to approve a statement of economic interests and shall | |||||||||||||||||||
| 22 | include a means to amend a statement of economic interests. | |||||||||||||||||||
| 23 | When this Section does not modify or remove the requirements | |||||||||||||||||||
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| 1 | set forth elsewhere in this Article, those requirements shall | ||||||
| 2 | apply to any system of Internet-based filing authorized by this | ||||||
| 3 | Section. When this Section does modify or remove the | ||||||
| 4 | requirements set forth elsewhere in this Article, the | ||||||
| 5 | provisions of this Section shall apply to any system of | ||||||
| 6 | Internet-based filing authorized by this Section. | ||||||
| 7 | (b) In any system of Internet-based filing of statements of | ||||||
| 8 | economic interests instituted by the Secretary of State or a | ||||||
| 9 | county clerk: | ||||||
| 10 | (1) Any filing of an Internet-based statement of | ||||||
| 11 | economic interests shall be the equivalent of the filing of | ||||||
| 12 | a verified, written statement of economic interests as | ||||||
| 13 | required by Section 4A-101 and the equivalent of the filing | ||||||
| 14 | of a verified, dated, and signed statement of economic | ||||||
| 15 | interests as required by Section 4A-104. | ||||||
| 16 | (2) The Secretary of State and county clerks who | ||||||
| 17 | institute a system of Internet-based filing of statements | ||||||
| 18 | of economic interests shall establish a password-protected | ||||||
| 19 | website to receive the filings of such statements. A | ||||||
| 20 | website established under this Section shall set forth and | ||||||
| 21 | provide a means of responding to the items set forth in | ||||||
| 22 | Section 4A-102 that are required of a person who files a | ||||||
| 23 | statement of economic interests with that officer. A | ||||||
| 24 | website established under this Section shall set forth and | ||||||
| 25 | provide a means of generating a printable receipt page | ||||||
| 26 | acknowledging filing. | ||||||
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| 1 | (3) The times for the filing of statements of economic | ||||||
| 2 | interests set forth in Section 4A-105 shall be followed in | ||||||
| 3 | any system of Internet-based filing of statements of | ||||||
| 4 | economic interests; provided that a candidate for elective | ||||||
| 5 | office who is required to file a statement of economic | ||||||
| 6 | interests in relation to his or her candidacy pursuant to | ||||||
| 7 | Section 4A-105(a) shall not use the Internet to file his or | ||||||
| 8 | her statement of economic interests but shall file his or | ||||||
| 9 | her statement of economic interests in a written or printed | ||||||
| 10 | form and shall receive a written or printed receipt for his | ||||||
| 11 | or her filing. | ||||||
| 12 | (4) In the first year of the implementation of a system | ||||||
| 13 | of Internet-based filing of statements of economic | ||||||
| 14 | interests, each person required to file such a statement is | ||||||
| 15 | to be notified in writing of his or her obligation to file | ||||||
| 16 | his or her statement of economic interests by way of the | ||||||
| 17 | Internet-based system. If access to the web site requires a | ||||||
| 18 | code or password, this information shall be included in the | ||||||
| 19 | notice prescribed by this paragraph. | ||||||
| 20 | (5) When a person required to file a statement of | ||||||
| 21 | economic interests has supplied the Secretary of State or a | ||||||
| 22 | county clerk, as applicable, with an email address for the | ||||||
| 23 | purpose of receiving notices under this Article by email, a | ||||||
| 24 | notice sent by email to the supplied email address shall be | ||||||
| 25 | the equivalent of a notice sent by first class mail, as set | ||||||
| 26 | forth in Section 4A-106. A person who has supplied such an | ||||||
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| 1 | email address shall notify the Secretary of State or county | ||||||
| 2 | clerk, as applicable, when his or her email address changes | ||||||
| 3 | or if he or she no longer wishes to receive notices by | ||||||
| 4 | email. | ||||||
| 5 | (6) If any person who is required to file a statement | ||||||
| 6 | of economic interests and who has chosen to receive notices | ||||||
| 7 | by email fails to file his or her statement by May 10, then | ||||||
| 8 | the Secretary of State or county clerk, as applicable, | ||||||
| 9 | shall send an additional email notice on that date, | ||||||
| 10 | informing the person that he or she has not filed and | ||||||
| 11 | describing the penalties for late filing and failing to | ||||||
| 12 | file. This notice shall be in addition to other notices | ||||||
| 13 | provided for in this Article. | ||||||
| 14 | (7) The Secretary of State and each county clerk who | ||||||
| 15 | institutes a system of Internet-based filing of statements | ||||||
| 16 | of economic interests may also institute an Internet-based | ||||||
| 17 | process for the filing of the list of names and addresses | ||||||
| 18 | of persons required to file statements of economic | ||||||
| 19 | interests by the chief administrative officers that must | ||||||
| 20 | file such information with the Secretary of State or county | ||||||
| 21 | clerk, as applicable, pursuant to Section 4A-106. Whenever | ||||||
| 22 | the Secretary of State or a county clerk institutes such a | ||||||
| 23 | system under this paragraph, every chief administrative | ||||||
| 24 | officer must use the system to file this information. | ||||||
| 25 | (8) The Secretary of State and any county clerk who | ||||||
| 26 | institutes a system of Internet-based filing of statements | ||||||
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| 1 | of economic interests shall post the contents of such | ||||||
| 2 | statements filed with him or her available for inspection | ||||||
| 3 | and copying on a publicly accessible website. Such postings | ||||||
| 4 | shall not include the addresses or signatures of the | ||||||
| 5 | filers.
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| 6 | (Source: P.A. 99-108, eff. 7-22-15.)
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