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Full Text of SB1602  96th General Assembly

SB1602enr 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Gubernatorial Boards and Commissions Act.
 
6     Section 5. Definitions. As used in this Act:
7     "Board" means a board authorized or created by executive
8 order of the Governor, statute, or the Illinois Constitution to
9 which the Governor has authority (whether or not exercised) to
10 appoint one or more members.
11     "Commission" means a commission or other body authorized or
12 created by executive order of the Governor, statute, or the
13 Illinois Constitution to which the Governor has authority
14 (whether or not exercised) to appoint one or more members.
15     "Office" means the Governor's Office of Boards and
16 Commissions, or a successor entity within the Governor's
17 administration.
 
18     Section 10. Repository of board and commission membership.
19 The Office shall establish and maintain on the Internet a
20 centralized, searchable database, freely accessible to the
21 public, of information relating to appointed positions on the
22 State's boards and commissions.

 

 

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1     The database shall include, at a minimum:
2         (1) The qualifications for, and the powers, duties, and
3     responsibilities of, each appointed position on each of the
4     State's boards and commissions.
5         (2) The name and term of each current appointed member
6     of a board or commission.
7         (3) Each current vacancy in appointed membership of
8     each of the State's boards and commissions.
9         (4) Information as to how a person may apply for
10     appointment to a board or commission, including a uniform
11     application that may be downloaded and printed or that may
12     be submitted electronically.
13         (5) A link to that section of the Secretary of State's
14     website that allows the public to search Statements of
15     Economic Interest filed with the Secretary of State.
 
16     Section 15. Eligibility for appointment or reappointment
17 to certain boards and commissions.
18     (a) For the purpose of this Section, "appointment or
19 reappointment" means appointment or reappointment by the
20 Governor to:
21         (1) A board or commission composed of members whose
22     appointment or reappointment requires the advice and
23     consent of the Senate, and whose members: (i) are entitled
24     to compensation for their service beyond reimbursement of
25     expenses; (ii) have statutory authority to regulate or

 

 

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1     oversee the business or activities of individuals, private
2     entities, or public bodies; (iii) have statutory authority
3     to issue or approve professional licenses; (iv) have
4     statutory authority to conduct, or review the decision
5     resulting from, any arbitration, adjudication,
6     administrative, or quasi-judicial proceeding; or (v) have
7     statutory authority to award grants.
8         (2) The governing board of a retirement system
9     established by Article 14, 15, or 16 of the Illinois
10     Pension Code.
11         (3) The Illinois State Board of Investment.
12         (4) The Illinois Board of Higher Education.
13         (5) The governing board of a State university.
14     (b) a person is ineligible for appointment or reappointment
15 after the effective date of this Act if the person fails to
16 file a disclosure of conflicts of interests and a statement of
17 economic interests as required by Section 3A-30 and Article 4A,
18 respectively, of the Illinois Governmental Ethics Act.
19     (c) Nothing in this Section shall impair the ability of a
20 person serving on a board or commission on the effective date
21 of this Act to complete his or her current term of membership.
 
22     Section 20. Board or commission website. A board or
23 commission that maintains a website and has a full-time
24 information technology staff shall make freely available to the
25 public on that website the following:

 

 

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1         (1) Any audio or video recordings of each of its
2     regular or special open meetings, for a period of at least
3     2 years after the date of the meeting.
4         (2) Minutes of each of its regular or special meetings,
5     for a period of at least 2 years after the date of the
6     meeting.
7         (3) A regularly updated schedule of its future meeting
8     dates and agenda.
 
9     Section 40. Savings provision. Nothing in this Act shall be
10 construed to contravene any State or federal law.
 
11     Section 90. The Illinois Governmental Ethics Act is amended
12 by changing Section 4A-101 as follows:
 
13     (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
14     Sec. 4A-101. Persons required to file. The following
15 persons shall file verified written statements of economic
16 interests, as provided in this Article:
17         (a) Members of the General Assembly and candidates for
18     nomination or election to the General Assembly.
19         (b) Persons holding an elected office in the Executive
20     Branch of this State, and candidates for nomination or
21     election to these offices.
22         (c) Members of a Commission or Board created by the
23     Illinois Constitution, and candidates for nomination or

 

 

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1     election to such Commission or Board.
2         (d) Persons whose appointment to office is subject to
3     confirmation by the Senate and persons appointed by the
4     Governor to any other position on a board or commission
5     described in subsection (a) of Section 15 of the
6     Gubernatorial Boards and Commissions Act.
7         (e) Holders of, and candidates for nomination or
8     election to, the office of judge or associate judge of the
9     Circuit Court and the office of judge of the Appellate or
10     Supreme Court.
11         (f) Persons who are employed by any branch, agency,
12     authority or board of the government of this State,
13     including but not limited to, the Illinois State Toll
14     Highway Authority, the Illinois Housing Development
15     Authority, the Illinois Community College Board, and
16     institutions under the jurisdiction of the Board of
17     Trustees of the University of Illinois, Board of Trustees
18     of Southern Illinois University, Board of Trustees of
19     Chicago State University, Board of Trustees of Eastern
20     Illinois University, Board of Trustees of Governor's State
21     University, Board of Trustees of Illinois State
22     University, Board of Trustees of Northeastern Illinois
23     University, Board of Trustees of Northern Illinois
24     University, Board of Trustees of Western Illinois
25     University, or Board of Trustees of the Illinois
26     Mathematics and Science Academy, and are compensated for

 

 

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1     services as employees and not as independent contractors
2     and who:
3             (1) are, or function as, the head of a department,
4         commission, board, division, bureau, authority or
5         other administrative unit within the government of
6         this State, or who exercise similar authority within
7         the government of this State;
8             (2) have direct supervisory authority over, or
9         direct responsibility for the formulation,
10         negotiation, issuance or execution of contracts
11         entered into by the State in the amount of $5,000 or
12         more;
13             (3) have authority for the issuance or
14         promulgation of rules and regulations within areas
15         under the authority of the State;
16             (4) have authority for the approval of
17         professional licenses;
18             (5) have responsibility with respect to the
19         financial inspection of regulated nongovernmental
20         entities;
21             (6) adjudicate, arbitrate, or decide any judicial
22         or administrative proceeding, or review the
23         adjudication, arbitration or decision of any judicial
24         or administrative proceeding within the authority of
25         the State;
26             (7) have supervisory responsibility for 20 or more

 

 

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1         employees of the State; or
2             (8) negotiate, assign, authorize, or grant naming
3         rights or sponsorship rights regarding any property or
4         asset of the State, whether real, personal, tangible,
5         or intangible.
6         (g) Persons who are elected to office in a unit of
7     local government, and candidates for nomination or
8     election to that office, including regional
9     superintendents of school districts.
10         (h) Persons appointed to the governing board of a unit
11     of local government, or of a special district, and persons
12     appointed to a zoning board, or zoning board of appeals, or
13     to a regional, county, or municipal plan commission, or to
14     a board of review of any county, and persons appointed to
15     the Board of the Metropolitan Pier and Exposition Authority
16     and any Trustee appointed under Section 22 of the
17     Metropolitan Pier and Exposition Authority Act, and
18     persons appointed to a board or commission of a unit of
19     local government who have authority to authorize the
20     expenditure of public funds. This subsection does not apply
21     to members of boards or commissions who function in an
22     advisory capacity.
23         (i) Persons who are employed by a unit of local
24     government and are compensated for services as employees
25     and not as independent contractors and who:
26             (1) are, or function as, the head of a department,

 

 

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1         division, bureau, authority or other administrative
2         unit within the unit of local government, or who
3         exercise similar authority within the unit of local
4         government;
5             (2) have direct supervisory authority over, or
6         direct responsibility for the formulation,
7         negotiation, issuance or execution of contracts
8         entered into by the unit of local government in the
9         amount of $1,000 or greater;
10             (3) have authority to approve licenses and permits
11         by the unit of local government; this item does not
12         include employees who function in a ministerial
13         capacity;
14             (4) adjudicate, arbitrate, or decide any judicial
15         or administrative proceeding, or review the
16         adjudication, arbitration or decision of any judicial
17         or administrative proceeding within the authority of
18         the unit of local government;
19             (5) have authority to issue or promulgate rules and
20         regulations within areas under the authority of the
21         unit of local government; or
22             (6) have supervisory responsibility for 20 or more
23         employees of the unit of local government.
24         (j) Persons on the Board of Trustees of the Illinois
25     Mathematics and Science Academy.
26         (k) Persons employed by a school district in positions

 

 

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1     that require that person to hold an administrative or a
2     chief school business official endorsement.
3         (l) Special government agents. A "special government
4     agent" is a person who is directed, retained, designated,
5     appointed, or employed, with or without compensation, by or
6     on behalf of a statewide executive branch constitutional
7     officer to make an ex parte communication under Section
8     5-50 of the State Officials and Employees Ethics Act or
9     Section 5-165 of the Illinois Administrative Procedure
10     Act.
11         (m) Members of the board of commissioners of any flood
12     prevention district.
13         (n) Members of the board of any retirement system or
14     investment board established under the Illinois Pension
15     Code, if not required to file under any other provision of
16     this Section.
17         (o) Members of the board of any pension fund
18     established under the Illinois Pension Code, if not
19     required to file under any other provision of this Section.
20     This Section shall not be construed to prevent any unit of
21 local government from enacting financial disclosure
22 requirements that mandate more information than required by
23 this Act.
24 (Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09.)
 
25     Section 97. Severability. The provisions of this Act are

 

 

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1 severable under Section 1.31 of the Statute on Statutes.
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.