Bill Text: IL SB3969 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Governmental Ethics Act. In provisions governing the Internet-based filing of statements of economic interests with county clerks, corrects a reference to an erroneous Section number. Effective January 1, 2011.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2010-11-19 - Referred to Rules Committee [SB3969 Detail]

Download: Illinois-2009-SB3969-Engrossed.html

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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, a county clerk is authorized to institute an
Internet-based system for the filing of statements of economic
interests in his or her office. 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.
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 a county clerk:
(1) Any filing of an Internet-based statement of

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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 4A-103.
(2) A county clerk who institutes a system of
Internet-based filing of statements of economic interests
shall establish a password-protected web site 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.
(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.
(4) Following the institution of a system of
Internet-based filing of statements of economic interests

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by a county clerk, all persons required to file a statement
of economic interests with that officer must do so through
the system of Internet-based filing of statements of
economic interests. As part of his or her system of
Internet-based filing of statements of economic interests,
a county clerk instituting such a system shall make
provision for those persons who are required to file a
statement of economic interests and who do not have access
to the Internet. 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, by a notice deposited in the
U.S. mail, properly addressed, first class postage
prepaid, of his or her obligation to file his or her
statement of economic interests by way of the
Internet-based system instituted for that purpose. 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 a county clerk 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

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the county clerk 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 county clerk 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) 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 of units of local government that
must file such information with that county clerk pursuant
to Section 4A-106. Whenever a county clerk institutes such
a system under this paragraph, every unit of local
government must use the system to file this information.
(8) 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 of the filers.

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(Source: P.A. 96-1336, eff. 1-1-11.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect January
1, 2011.