Bill Text: IL SB3183 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Governmental Ethics Act. With respect to required notification of certain persons who must file statements of economic interests with a county clerk, permits the county clerk to send the notices electronically (now, may send notices only by U.S. mail).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-27 - Public Act . . . . . . . . . 96-1336 [SB3183 Detail]
Download: Illinois-2009-SB3183-Enrolled.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-106 and by adding Section 4A-108 as | ||||||
6 | follows:
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7 | (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
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8 | Sec. 4A-106. The statements of economic interests required | ||||||
9 | of persons
listed in items (a) through (f), item (j), item (l), | ||||||
10 | and item (n) of
Section 4A-101 shall be
filed with the | ||||||
11 | Secretary of State. The statements of economic interests
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12 | required of persons listed in items (g), (h), (i), (k), and (o) | ||||||
13 | of
Section
4A-101 shall be filed with the county clerk of the | ||||||
14 | county in which the
principal office of the unit of local | ||||||
15 | government with which the person is
associated is located. If | ||||||
16 | it is not apparent which county the principal office
of a unit | ||||||
17 | of local government is located, the chief administrative | ||||||
18 | officer, or
his or her designee, has the authority, for | ||||||
19 | purposes of this Act, to determine
the county in which the | ||||||
20 | principal office is located. On or before February 1
annually, | ||||||
21 | (1) the chief administrative officer of any State agency in the
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22 | executive, legislative, or judicial branch employing persons | ||||||
23 | required to file
under item (f) or item (l) of Section
4A-101 |
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1 | and the chief administrative officer of a board described in | ||||||
2 | item (n) of Section 4A-101 shall certify to the Secretary of | ||||||
3 | State the names and mailing addresses
of those persons, and (2) | ||||||
4 | the chief administrative officer, or his or her
designee, of | ||||||
5 | each unit of local government with persons described in items | ||||||
6 | (h),
(i) and (k) and a board described in item (o) of Section | ||||||
7 | 4A-101 shall certify to the appropriate county clerk a
list of | ||||||
8 | names and addresses of persons described in items (h), (i),
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9 | (k), and (o) of
Section 4A-101 that are required to file. In | ||||||
10 | preparing the lists, each chief
administrative officer, or his | ||||||
11 | or her designee, shall set out the names in
alphabetical order.
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12 | On or before April 1 annually, the Secretary of State shall | ||||||
13 | notify (1)
all persons whose names have been certified to him | ||||||
14 | under items (f),
(l), and (n) of
Section 4A-101, and (2) all | ||||||
15 | persons described in items (a) through (e) and
item (j) of | ||||||
16 | Section 4A-101, other than candidates for office who have filed
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17 | their statements with their nominating petitions, of the | ||||||
18 | requirements for
filing statements of economic interests.
A | ||||||
19 | person required to file with the Secretary of State by virtue | ||||||
20 | of more than
one item among items (a) through (f) and items | ||||||
21 | (j), (l), and (n)
shall be notified of and is
required
to file | ||||||
22 | only one statement of economic interests relating to all items | ||||||
23 | under
which the person is required to file with the Secretary | ||||||
24 | of State.
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25 | On or before April 1 annually, the county clerk of each | ||||||
26 | county shall
notify all persons whose names have been certified |
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1 | to him under items (g),
(h), (i), (k), and (o) of Section | ||||||
2 | 4A-101, other than candidates
for office who have filed their | ||||||
3 | statements with their nominating petitions, of
the | ||||||
4 | requirements for filing statements of economic interests.
A | ||||||
5 | person required to file with a county clerk by virtue of more | ||||||
6 | than one item
among items (g), (h), (i), (k), and (o) shall be | ||||||
7 | notified of and is
required to
file only one statement of | ||||||
8 | economic interests relating to all items under which
the person | ||||||
9 | is required to file with that county clerk.
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10 | Except as provided in Section 4A-106.1, the notices | ||||||
11 | provided for in this
Section shall be in writing and deposited | ||||||
12 | in
the U.S. Mail, properly addressed, first class postage | ||||||
13 | prepaid, on or before
the day required by this Section for the | ||||||
14 | sending of the notice. Alternatively, a county clerk may send | ||||||
15 | the notices electronically to all persons whose names have been | ||||||
16 | thus certified to him under item (h), (i), or (k) of Section | ||||||
17 | 4A-101. A certificate
executed by the Secretary of State or | ||||||
18 | county clerk attesting that he or she has sent mailed
the | ||||||
19 | notice by the means permitted by this Section constitutes prima | ||||||
20 | facie evidence thereof.
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21 | From the lists certified to him under this Section of | ||||||
22 | persons described in
items (g), (h), (i), (k), and (o) of | ||||||
23 | Section 4A-101, the clerk
of each county shall
compile an | ||||||
24 | alphabetical listing of persons required to file statements of
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25 | economic interests in his office under any of those items. As | ||||||
26 | the
statements are filed in his office, the county clerk shall |
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1 | cause the fact
of that filing to be indicated on the | ||||||
2 | alphabetical listing of persons who
are required to file | ||||||
3 | statements. Within 30 days after the due dates, the county
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4 | clerk shall mail to the State Board of Elections a true copy of | ||||||
5 | that listing
showing those who have filed statements.
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6 | The county clerk of each county shall note upon the | ||||||
7 | alphabetical listing
the names of all persons required to file | ||||||
8 | a statement of economic interests
who failed to file a | ||||||
9 | statement on or before May 1. It shall be the duty of
the | ||||||
10 | several county clerks to give notice as provided in Section | ||||||
11 | 4A-105 to
any person who has failed to file his or her | ||||||
12 | statement with the clerk on or
before May 1.
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13 | Any person who files or has filed a statement of economic | ||||||
14 | interest
under this Act is entitled to receive from the | ||||||
15 | Secretary of State or county
clerk, as the case may be, a | ||||||
16 | receipt indicating that the person has filed
such a statement, | ||||||
17 | the date of such filing, and the identity of the
governmental | ||||||
18 | unit or units in relation to which the filing is required.
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19 | The Secretary of State may employ such employees and | ||||||
20 | consultants
as he considers necessary to carry out his duties | ||||||
21 | hereunder, and may
prescribe their duties, fix their | ||||||
22 | compensation, and provide for
reimbursement of their expenses.
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23 | All statements of economic interests filed under this | ||||||
24 | Section shall be
available for examination and copying by the | ||||||
25 | public at all reasonable times.
Not later than 12 months after | ||||||
26 | the effective date of this amendatory Act of
the 93rd General |
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1 | Assembly, beginning with statements filed in calendar year
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2 | 2004, the Secretary of State shall make statements of economic | ||||||
3 | interests filed
with the Secretary available for inspection and | ||||||
4 | copying via the Secretary's
website.
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5 | (Source: P.A. 96-6, eff. 4-3-09.)
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6 | (5 ILCS 420/4A-108 new) | ||||||
7 | Sec. 4A-108. Internet-based systems of filing. | ||||||
8 | (a) Notwithstanding any other provision of this Act or any | ||||||
9 | other law, a county clerk is authorized to institute an | ||||||
10 | Internet-based system for the filing of statements of economic | ||||||
11 | interests in his or her office. The determination to institute | ||||||
12 | such a system shall be in the sole discretion of the county | ||||||
13 | clerk and shall meet the requirements set out in this Section. | ||||||
14 | When this Section does not modify or remove the requirements | ||||||
15 | set forth elsewhere in this Article, those requirements shall | ||||||
16 | apply to any system of Internet-based filing authorized by this | ||||||
17 | Section. When this Section does modify or remove the | ||||||
18 | requirements set forth elsewhere in this Article, the | ||||||
19 | provisions of this Section shall apply to any system of | ||||||
20 | Internet-based filing authorized by this Section. | ||||||
21 | (b) In any system of Internet-based filing of statements of | ||||||
22 | economic interests instituted by a county clerk: | ||||||
23 | (1) Any filing of an Internet-based statement of | ||||||
24 | economic interests shall be the equivalent of the filing of | ||||||
25 | a verified, written statement of economic interests as |
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1 | required by Section 4A-101 and the equivalent of the filing | ||||||
2 | of a verified, dated, and signed statement of economic | ||||||
3 | interests as required by Section 4A-103. | ||||||
4 | (2) A county clerk who institutes a system of | ||||||
5 | Internet-based filing of statements of economic interests | ||||||
6 | shall establish a password-protected web site to receive | ||||||
7 | the filings of such statements. A website established under | ||||||
8 | this Section shall set forth and provide a means of | ||||||
9 | responding to the items set forth in Section 4A-102 that | ||||||
10 | are required of a person who files a statement of economic | ||||||
11 | interests with that officer. | ||||||
12 | (3) The times for the filing of statements of economic | ||||||
13 | interests set forth in Section 4A-105 shall be followed in | ||||||
14 | any system of Internet-based filing of statements of | ||||||
15 | economic interests; provided that a candidate for elective | ||||||
16 | office who is required to file a statement of economic | ||||||
17 | interests in relation to his or her candidacy pursuant to | ||||||
18 | Section 4A-105(a) shall not use the Internet to file his or | ||||||
19 | her statement of economic interests but shall file his or | ||||||
20 | her statement of economic interests in a written or printed | ||||||
21 | form and shall receive a written or printed receipt for his | ||||||
22 | or her filing. | ||||||
23 | (4) Following the institution of a system of | ||||||
24 | Internet-based filing of statements of economic interests | ||||||
25 | by a county clerk, all persons required to file a statement | ||||||
26 | of economic interests with that officer must do so through |
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1 | the system of Internet-based filing of statements of | ||||||
2 | economic interests. As part of his or her system of | ||||||
3 | Internet-based filing of statements of economic interests, | ||||||
4 | a county clerk instituting such a system shall make | ||||||
5 | provision for those persons who are required to file a | ||||||
6 | statement of economic interests and who do not have access | ||||||
7 | to the Internet. In the first year of the implementation of | ||||||
8 | a system of Internet-based filing of statements of economic | ||||||
9 | interests, each person required to file such a statement is | ||||||
10 | to be notified in writing, by a notice deposited in the | ||||||
11 | U.S. mail, properly addressed, first class postage | ||||||
12 | prepaid, of his or her obligation to file his or her | ||||||
13 | statement of economic interests by way of the | ||||||
14 | Internet-based system instituted for that purpose. If | ||||||
15 | access to the web site requires a code or password, this | ||||||
16 | information shall be included in the notice prescribed by | ||||||
17 | this paragraph. | ||||||
18 | (5) When a person required to file a statement of | ||||||
19 | economic interests has supplied a county clerk with an | ||||||
20 | email address for the purpose of receiving notices under | ||||||
21 | this Article by email, a notice sent by email to the | ||||||
22 | supplied email address shall be the equivalent of a notice | ||||||
23 | sent by first class mail, as set forth in Section 4A-106. A | ||||||
24 | person who has supplied such an email address shall notify | ||||||
25 | the county clerk when his or her email address changes or | ||||||
26 | if he or she no longer wishes to receive notices by email. |
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1 | (6) If any person who is required to file a statement | ||||||
2 | of economic interests and who has chosen to receive notices | ||||||
3 | by email fails to file his or her statement by May 10, then | ||||||
4 | the county clerk shall send an additional email notice on | ||||||
5 | that date, informing the person that he or she has not | ||||||
6 | filed and describing the penalties for late filing and | ||||||
7 | failing to file. This notice shall be in addition to other | ||||||
8 | notices provided for in this Article. | ||||||
9 | (7) Each county clerk who institutes a system of | ||||||
10 | Internet-based filing of statements of economic interests | ||||||
11 | may also institute an Internet-based process for the filing | ||||||
12 | of the list of names and addresses of persons required to | ||||||
13 | file statements of economic interests by the chief | ||||||
14 | administrative officers of units of local government that | ||||||
15 | must file such information with that county clerk pursuant | ||||||
16 | to Section 4A-106. Whenever a county clerk institutes such | ||||||
17 | a system under this paragraph, every unit of local | ||||||
18 | government must use the system to file this information. | ||||||
19 | (8) Any county clerk who institutes a system of | ||||||
20 | Internet-based filing of statements of economic interests | ||||||
21 | shall post the contents of such statements filed with him | ||||||
22 | or her available for inspection and copying on a publicly | ||||||
23 | accessible website. Such postings shall not include the | ||||||
24 | addresses of the filers.
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