Full Text of SB1602 96th General Assembly
SB1602ham003 96TH GENERAL ASSEMBLY
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Rep. Jack D. Franks
Filed: 5/27/2009
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| AMENDMENT TO SENATE BILL 1602
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| AMENDMENT NO. ______. Amend Senate Bill 1602, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Gubernatorial Boards and Commissions Act.
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| Section 5. Definitions. As used in this Act: | 8 |
| "Board" means a board authorized or created by executive | 9 |
| order of the Governor, statute, or the Illinois Constitution to | 10 |
| which the Governor has authority (whether or not exercised) to | 11 |
| appoint one or more members. | 12 |
| "Commission" means a commission or other body authorized or | 13 |
| created by executive order of the Governor, statute, or the | 14 |
| Illinois Constitution to which the Governor has authority | 15 |
| (whether or not exercised) to appoint one or more members. | 16 |
| "Office" means the Governor's Office of Boards and |
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| Commissions, or a successor entity within the Governor's | 2 |
| administration. | 3 |
| "Participate" means to participate personally and in a | 4 |
| manner that is beyond purely ministerial in nature. | 5 |
| Section 10. Repository of board and commission membership. | 6 |
| The Office shall establish and maintain on the Internet a | 7 |
| centralized, searchable database, freely accessible to the | 8 |
| public, of information relating to appointed positions on the | 9 |
| State's boards and commissions. | 10 |
| The database shall include, at a minimum: | 11 |
| (1) The qualifications for, and the powers, duties, and | 12 |
| responsibilities of, each appointed position on each of the | 13 |
| State's boards and commissions. | 14 |
| (2) The name and term of each current appointed member | 15 |
| of a board or commission. | 16 |
| (3) Each current vacancy in appointed membership of | 17 |
| each of the State's boards and commissions. | 18 |
| (4) Information as to how a person may apply for | 19 |
| appointment to a board or commission, including a uniform | 20 |
| application that may be downloaded and printed or that may | 21 |
| be submitted electronically. | 22 |
| (5) A link to that section of the Secretary of State's | 23 |
| website that allows the public to search Statements of | 24 |
| Economic Interest filed with the Secretary of State.
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| Section 15. Eligibility for appointment or reappointment | 2 |
| to certain boards and commissions.
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| (a) For the purpose of this Section, "appointment or | 4 |
| reappointment" means appointment or reappointment by the | 5 |
| Governor to: | 6 |
| (1) A board or commission composed of members whose | 7 |
| appointment or reappointment requires the advice and | 8 |
| consent of the Senate, and whose members: (i) are entitled | 9 |
| to compensation for their service beyond reimbursement of | 10 |
| expenses; (ii) have statutory authority to regulate or | 11 |
| oversee the business or activities of individuals, private | 12 |
| entities, or public bodies; (iii) have statutory authority | 13 |
| to issue or approve professional licenses; (iv) have | 14 |
| statutory authority to conduct, or review the decision | 15 |
| resulting from, any arbitration, adjudication, | 16 |
| administrative, or quasi-judicial proceeding; or (v) have | 17 |
| statutory authority to award grants. | 18 |
| (2) The governing board of a retirement system | 19 |
| established by Article 14, 15, or 16 of the Illinois | 20 |
| Pension Code. | 21 |
| (3) The Illinois State Board of Investment. | 22 |
| (4) The Illinois Board of Higher Education. | 23 |
| (5) The governing board of a State university. | 24 |
| (b) a person is ineligible for appointment or reappointment | 25 |
| after the effective date of this Act if: | 26 |
| (1) The person fails to agree in writing on a form |
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| prescribed by the Office that he or she, for a period of | 2 |
| one year after termination of the person's appointment or | 3 |
| reappointment, will not accept employment with, or perform | 4 |
| any compensated services for, an individual or entity (or | 5 |
| any of its affiliates) with respect to which the person, | 6 |
| during a period of one year before termination of his or | 7 |
| her appointment or reappointment, participated in the | 8 |
| board's or commission's (i) award of a contract of more | 9 |
| than $25,000 or (ii) regulatory, adjudicatory, | 10 |
| quasi-adjudicatory, investigatory, or licensing decision. | 11 |
| After a person's appointment or reappointment, the written | 12 |
| agreement shall not be binding if waived by the Executive | 13 |
| Ethics Commission upon a showing that the prospective | 14 |
| employment or relationship did not affect the board's or | 15 |
| commission's award or decision. | 16 |
| (2) The person fails to agree in writing on a form | 17 |
| prescribed by the Office that the person will not lobby or | 18 |
| represent an individual or entity (or any of its | 19 |
| affiliates) before the board or commission to which the | 20 |
| person seeks appointment or reappointment during his or her | 21 |
| service on that board or commission and for one year after | 22 |
| termination of that service. | 23 |
| (3) The person fails to file a disclosure of conflicts | 24 |
| of interests and a statement of economic interests as | 25 |
| required by Section 3A-30 and Article 4A, respectively, of | 26 |
| the Illinois Governmental Ethics Act. |
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| (c) Nothing in this Section shall impair the ability of a | 2 |
| person serving on a board or commission on the effective date | 3 |
| of this Act to complete his or her current term of membership. | 4 |
| Section 20. Board or commission website. A board or | 5 |
| commission that maintains a website and has a full-time | 6 |
| information technology staff shall make freely available to the | 7 |
| public on that website the following: | 8 |
| (1) Any audio or video recordings of each of its | 9 |
| regular or special open meetings, for a period of at least | 10 |
| 2 years after the date of the meeting. | 11 |
| (2) Minutes of each of its regular or special meetings, | 12 |
| for a period of at least 2 years after the date of the | 13 |
| meeting. | 14 |
| (3) A regularly updated schedule of its future meeting | 15 |
| dates and agenda. | 16 |
| Section 40. Savings provision. Nothing in this Act shall be | 17 |
| construed to contravene any State or federal law. | 18 |
| Section 90. The Illinois Governmental Ethics Act is amended | 19 |
| by changing Section 4A-101 as follows: | 20 |
| (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 21 |
| Sec. 4A-101. Persons required to file. The following | 22 |
| persons shall file
verified written statements of economic |
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| interests, as provided in this Article:
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| (a) Members of the General Assembly and candidates for | 3 |
| nomination or
election to the General Assembly.
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| (b) Persons holding an elected office in the Executive | 5 |
| Branch of this
State, and candidates for nomination or | 6 |
| election to these offices.
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| (c) Members of a Commission or Board created by the | 8 |
| Illinois Constitution,
and candidates for nomination or | 9 |
| election to such Commission or Board.
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| (d) Persons whose appointment to office is subject to | 11 |
| confirmation by
the Senate and persons appointed by the | 12 |
| Governor to any other position on a board or commission | 13 |
| described in subsection (a) of Section 15 of the | 14 |
| Gubernatorial Boards and Commissions Act .
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| (e) Holders of, and candidates for nomination or | 16 |
| election to, the office
of judge or associate judge of the | 17 |
| Circuit Court and the office of judge of
the Appellate or | 18 |
| Supreme Court.
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| (f) Persons who are employed by any branch, agency, | 20 |
| authority or board
of the government of this State, | 21 |
| including but not limited to, the Illinois
State Toll | 22 |
| Highway Authority, the Illinois Housing Development | 23 |
| Authority,
the Illinois Community College Board, and | 24 |
| institutions under the
jurisdiction of the Board of | 25 |
| Trustees
of the University of Illinois, Board of Trustees | 26 |
| of Southern Illinois
University, Board of Trustees of |
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| Chicago State University,
Board of Trustees of Eastern | 2 |
| Illinois University, Board of Trustees of
Governor's State | 3 |
| University, Board of Trustees of Illinois State | 4 |
| University,
Board of Trustees of Northeastern Illinois | 5 |
| University, Board of Trustees of
Northern Illinois | 6 |
| University, Board of Trustees of Western Illinois
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| University, or Board of Trustees of the Illinois | 8 |
| Mathematics and Science
Academy, and are compensated for | 9 |
| services as employees and not as
independent contractors | 10 |
| and who:
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| (1) are, or function as, the head of a department, | 12 |
| commission, board,
division, bureau, authority or | 13 |
| other administrative unit within the
government of | 14 |
| this State, or who exercise similar authority within | 15 |
| the
government of this State;
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| (2) have direct supervisory authority over, or | 17 |
| direct responsibility for
the formulation, | 18 |
| negotiation, issuance or execution of contracts | 19 |
| entered into
by the State in the amount of $5,000 or | 20 |
| more;
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| (3) have authority for the issuance or | 22 |
| promulgation of rules and
regulations within areas | 23 |
| under the authority of the State;
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| (4) have authority for the approval of | 25 |
| professional licenses;
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| (5) have responsibility with respect to the |
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| financial inspection
of regulated nongovernmental | 2 |
| entities;
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| (6) adjudicate, arbitrate, or decide any judicial | 4 |
| or administrative
proceeding, or review the | 5 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 7 |
| the State;
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| (7) have supervisory responsibility for 20 or more | 9 |
| employees of the
State; or
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| (8) negotiate, assign, authorize, or grant naming | 11 |
| rights or sponsorship rights regarding any property or | 12 |
| asset of the State, whether real, personal, tangible, | 13 |
| or intangible.
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| (g) Persons who are elected to office in a unit of | 15 |
| local government,
and candidates for nomination or | 16 |
| election to that office, including regional
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| superintendents of school districts.
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| (h) Persons appointed to the governing board of a unit | 19 |
| of local
government, or of a special district, and persons | 20 |
| appointed to a zoning
board, or zoning board of appeals, or | 21 |
| to a regional, county, or municipal
plan commission, or to | 22 |
| a board of review of any county, and persons
appointed to | 23 |
| the Board of the Metropolitan Pier and Exposition Authority
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| and any Trustee appointed under Section 22 of the | 25 |
| Metropolitan Pier and
Exposition Authority Act, and | 26 |
| persons appointed to a board or commission of
a unit of |
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| local government who have authority to authorize the | 2 |
| expenditure of
public funds. This subsection does not apply | 3 |
| to members of boards or
commissions who function in an | 4 |
| advisory capacity.
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| (i) Persons who are employed by a unit of local | 6 |
| government and are
compensated for services as employees | 7 |
| and not as independent contractors and
who:
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| (1) are, or function as, the head of a department, | 9 |
| division, bureau,
authority or other administrative | 10 |
| unit within the unit of local
government, or who | 11 |
| exercise similar authority within the unit of local
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| government;
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| (2) have direct supervisory authority over, or | 14 |
| direct responsibility for
the formulation, | 15 |
| negotiation, issuance or execution of contracts | 16 |
| entered into
by the unit of local government in the | 17 |
| amount of $1,000 or greater;
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| (3) have authority to approve licenses
and permits | 19 |
| by the unit of local government; this item does not | 20 |
| include
employees who function in a ministerial | 21 |
| capacity;
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| (4) adjudicate, arbitrate, or decide any judicial | 23 |
| or administrative
proceeding, or review the | 24 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 26 |
| the unit of local
government;
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| (5) have authority to issue or promulgate rules and | 2 |
| regulations within
areas under the authority of the | 3 |
| unit of local government; or
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| (6) have supervisory responsibility for 20 or more | 5 |
| employees of the
unit of local government.
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| (j) Persons on the Board of Trustees of the Illinois | 7 |
| Mathematics and
Science Academy.
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| (k) Persons employed by a school district in positions | 9 |
| that
require that
person to hold an administrative or a | 10 |
| chief school business official
endorsement.
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| (l) Special government agents. A "special government | 12 |
| agent" is a
person who is directed, retained, designated, | 13 |
| appointed, or
employed, with or without compensation, by or | 14 |
| on behalf of a
statewide executive branch constitutional | 15 |
| officer to make an ex
parte communication under Section | 16 |
| 5-50 of the State Officials and
Employees Ethics Act or | 17 |
| Section 5-165 of the Illinois
Administrative Procedure | 18 |
| Act.
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| (m) Members of the board of commissioners of any flood | 20 |
| prevention district. | 21 |
| (n) Members of the board of any retirement system or | 22 |
| investment board established under the Illinois Pension | 23 |
| Code, if not required to file under any other provision of | 24 |
| this Section. | 25 |
| (o) Members of the board of any pension fund | 26 |
| established under the Illinois Pension Code, if not |
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| required to file under any other provision of this Section. | 2 |
| This Section shall not be construed to prevent any unit of | 3 |
| local government
from enacting financial disclosure | 4 |
| requirements that mandate
more information
than required by | 5 |
| this Act.
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| (Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09.)
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| Section 97. Severability. The provisions of this Act are | 8 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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