State Government Administration Committee
Filed: 4/14/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3183




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    AMENDMENT NO. ______. Amend Senate Bill 3183 on page 1, in 
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line 5, by replacing "as" with "and by adding Section 4A-108 
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as"; and
 
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on page 5, by inserting below line 4 the following:

 
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    "(5 ILCS 420/4A-108 new)
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    Sec. 4A-108. Internet-based systems of filing.
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    (a) Notwithstanding any other provision of this Act or any 
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other law, a county clerk is authorized to institute an 
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Internet-based system for the filing of statements of economic 
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interests in his or her office. The determination to institute 
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such a system shall be in the sole discretion of the county 
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clerk and shall meet the requirements set out in this Section. 
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When this Section does not modify or remove the requirements 
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set forth elsewhere in this Article, those requirements shall 
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apply to any system of Internet-based filing authorized by this 
 


 






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Section. When this Section does modify or remove the 
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requirements set forth elsewhere in this Article, the 
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provisions of this Section shall apply to any system of 
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Internet-based filing authorized by this Section.
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    (b) In any system of Internet-based filing of statements of 
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economic interests instituted by a county clerk:
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        (1) Any filing of an Internet-based statement of 
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    economic interests shall be the equivalent of the filing of 
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    a verified, written statement of economic interests as 
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    required by Section 4A-101 and the equivalent of the filing 
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    of a verified, dated, and signed statement of economic 
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    interests as required by Section 4A-103.
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        (2) A county clerk who institutes a system of 
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    Internet-based filing of statements of economic interests 
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    shall establish a password-protected web site to receive 
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    the filings of such statements. A website established under 
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    this Section shall set forth and provide a means of 
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    responding to the items set forth in Section 4A-102 that 
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    are required of a person who files a statement of economic 
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    interests with that officer.
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        (3) The times for the filing of statements of economic 
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    interests set forth in Section 4A-105 shall be followed in 
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    any system of Internet-based filing of statements of 
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    economic interests; provided that a candidate for elective 
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    office who is required to file a statement of economic 
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    interests in relation to his or her candidacy pursuant to 
 


 






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    Section 4A-105(a) shall not use the Internet to file his or 
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    her statement of economic interests but shall file his or 
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    her statement of economic interests in a written or printed 
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    form and shall receive a written or printed receipt for his 
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    or her filing.
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        (4) Following the institution of a system of 
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    Internet-based filing of statements of economic interests 
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    by a county clerk, all persons required to file a statement 
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    of economic interests with that officer must do so through 
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    the system of Internet-based filing of statements of 
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    economic interests. As part of his or her system of 
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    Internet-based filing of statements of economic interests, 
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    a county clerk instituting such a system shall make 
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    provision for those persons who are required to file a 
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    statement of economic interests and who do not have access 
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    to the Internet. In the first year of the implementation of 
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    a system of Internet-based filing of statements of economic 
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    interests, each person required to file such a statement is 
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    to be notified in writing, by a notice deposited in the 
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    U.S. mail, properly addressed, first class postage 
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    prepaid, of his or her obligation to file his or her 
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    statement of economic interests by way of the 
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    Internet-based system instituted for that purpose. If 
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    access to the web site requires a code or password, this 
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    information shall be included in the notice prescribed by 
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    this paragraph.
 


 






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        (5) When a person required to file a statement of 
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    economic interests has supplied a county clerk with an 
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    email address for the purpose of receiving notices under 
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    this Article by email, a notice sent by email to the 
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    supplied email address shall be the equivalent of a notice 
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    sent by first class mail, as set forth in Section 4A-106. A 
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    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 
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    if he or she no longer wishes to receive notices by email.
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        (6) If any person who is required to file a statement 
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    of economic interests and who has chosen to receive notices 
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    by email fails to file his or her statement by May 10, then 
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    the county clerk shall send an additional email notice on 
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    that date, informing the person that he or she has not 
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    filed and describing the penalties for late filing and 
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    failing to file. This notice shall be in addition to other 
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    notices provided for in this Article.
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        (7) Each county clerk who institutes a system of 
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    Internet-based filing of statements of economic interests 
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    may also institute an Internet-based process for the filing 
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    of the list of names and addresses of persons required to 
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    file statements of economic interests by the chief 
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    administrative officers of units of local government that 
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    must file such information with that county clerk pursuant 
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    to Section 4A-106. Whenever a county clerk institutes such 
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    a system under this paragraph, every unit of local 
 


 






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    government must use the system to file this information.
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        (8) Any county clerk who institutes a system of 
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    Internet-based filing of statements of economic interests 
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    shall post the contents of such statements filed with him 
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    or her available for inspection and copying on a 
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    publicly-accessible website. Such postings shall not 
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    include the addresses of the filers.".