Full Text of SB0189 96th General Assembly
SB0189sam001 96TH GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 189
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| AMENDMENT NO. ______. Amend Senate Bill 189 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Gubernatorial Boards and Commissions Act.
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| 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 |
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| administration. | 2 |
| Section 10. Repository of board and commission membership. | 3 |
| The Office shall establish and maintain on the Internet a | 4 |
| centralized, searchable database, freely accessible to the | 5 |
| public, of information relating to appointed positions on the | 6 |
| State's boards and commissions. | 7 |
| The database shall include, at a minimum: | 8 |
| (1) The qualifications for, and the powers, duties, and | 9 |
| responsibilities of, each appointed position on each of the | 10 |
| State's boards and commissions. | 11 |
| (2) The name and term of each current appointed member | 12 |
| of a board or commission and previous terms served by that | 13 |
| person on that or any other State board or commission. | 14 |
| (3) Each current vacancy in appointed membership of | 15 |
| each of the State's boards and commissions. | 16 |
| (4) Information as to how a person may apply for | 17 |
| appointment to a board or commission, including a uniform | 18 |
| application that may be downloaded and printed or that may | 19 |
| be submitted electronically. | 20 |
| (5) A copy of the resume, with the person's home | 21 |
| address and any personal information redacted, of each | 22 |
| person appointed to a board or commission by the Governor | 23 |
| after the effective date of this Act. This posting shall | 24 |
| remain until one year after the person no longer serves on | 25 |
| that board or commission.
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| (6) A copy of the letter of appointment, with the | 2 |
| person's home address redacted, filed with the Secretary of | 3 |
| State with respect to each person appointed to a board or | 4 |
| commission by the Governor after the effective date of this | 5 |
| Act. This posting shall remain until one year after the | 6 |
| person no longer serves on that board or commission.
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| (7) A link to that section of the Secretary of State's | 8 |
| website that allows the public to search Statements of | 9 |
| Economic Interest filed with the Secretary of State.
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| Section 15. Eligibility for appointment or reappointment | 11 |
| to certain boards and commissions.
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| (a) For the purpose of this Section, "appointment or | 13 |
| reappointment" means appointment or reappointment by the | 14 |
| Governor to: | 15 |
| (1) A board or commission composed of members whose | 16 |
| appointment or reappointment requires the advice and | 17 |
| consent of the Senate, and whose members: (i) are entitled | 18 |
| to compensation for their service beyond reimbursement of | 19 |
| expenses; (ii) have statutory authority to regulate or | 20 |
| oversee the business or activities of individuals, private | 21 |
| entities, or public bodies; (iii) have statutory authority | 22 |
| to issue or approve professional licenses; (iv) have | 23 |
| statutory authority to conduct, or review the decision | 24 |
| resulting from, any arbitration, adjudication, | 25 |
| administrative, or quasi-judicial proceeding; or (v) have |
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| statutory authority to award grants. | 2 |
| (2) The governing board of a retirement system | 3 |
| established by Article 14, 15, or 16 of the Illinois | 4 |
| Pension Code. | 5 |
| (3) The Illinois State Board of Investment. | 6 |
| (4) The Illinois Board of Higher Education. | 7 |
| (5) The governing board of a State university. | 8 |
| (b) a person is ineligible for appointment or reappointment | 9 |
| after the effective date of this Act if: | 10 |
| (1) The person fails to agree in writing on a form | 11 |
| prescribed by the Office that he or she, for a period of | 12 |
| one year after termination of the person's appointment or | 13 |
| reappointment, will not accept employment with, or perform | 14 |
| any compensated services for, an individual or entity (or | 15 |
| any of its affiliates) with respect to which the person, | 16 |
| during a period of one year before termination of his or | 17 |
| her appointment or reappointment, participated in the | 18 |
| board's or commission's (i) award of a contract of more | 19 |
| than $25,000 or (ii) regulatory, adjudicatory, | 20 |
| quasi-adjudicatory, investigatory, or licensing decision. | 21 |
| After a person's appointment or reappointment, the written | 22 |
| agreement shall not be binding if waived by the Executive | 23 |
| Ethics Commission upon a showing that the prospective | 24 |
| employment or relationship did not affect the board's or | 25 |
| commission's award or decision. | 26 |
| (2) The person fails to agree in writing on a form |
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| prescribed by the Office that the person will not lobby or | 2 |
| represent an individual or entity (or any of its | 3 |
| affiliates) before the board or commission to which the | 4 |
| person seeks appointment or reappointment during his or her | 5 |
| service on that board or commission and for one year after | 6 |
| termination of that service. | 7 |
| (3) The person fails to file a disclosure of conflicts | 8 |
| of interests and a statement of economic interests as | 9 |
| required by Section 3A-30 and Article 4A, respectively, of | 10 |
| the Illinois Governmental Ethics Act. | 11 |
| (c) Nothing in this Section shall impair the ability of a | 12 |
| person serving on a board or commission on the effective date | 13 |
| of this Act to complete his or her current term of membership. | 14 |
| Section 20. Ethics training. Each person appointed by the | 15 |
| Governor to a board or commission described in subsection (a) | 16 |
| of Section 15, whether appointed before, on, or after the | 17 |
| effective date of this Act, shall annually complete the ethics | 18 |
| training required by Section 5-10 of the State Officials and | 19 |
| Employees Ethics Act for State employees under the jurisdiction | 20 |
| of the Governor's Executive Inspector General. | 21 |
| Section 25. Board or commission website. A board or | 22 |
| commission that maintains a website and has a full-time | 23 |
| information technology staff shall make freely available to the | 24 |
| public on that website the following: |
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| (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 30. Special Inspector General for Boards and | 10 |
| Commissions.
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| (a) The Governor's Executive Inspector General shall | 12 |
| appoint a Special Inspector General for Boards and Commissions. | 13 |
| The Special Inspector General shall receive and review all | 14 |
| complaints involving boards and commissions under the | 15 |
| jurisdiction of the Governor. Upon request, the Special | 16 |
| Inspector General shall provide advice and counsel in matters | 17 |
| relating to enforcement and application of this Act and the | 18 |
| State Officials and Employees Ethics Act. | 19 |
| (b) The Office shall maintain on its official website | 20 |
| information concerning the process for filing a complaint with | 21 |
| the Special Inspector General for Boards and Commissions | 22 |
| regarding any suspected fraud, waste, abuse, or misconduct | 23 |
| involving a board or commission. The information shall include, | 24 |
| but shall not be limited to, a link to the website of the | 25 |
| Office of the Governor's Executive Inspector General and |
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| contact information for the Special Inspector General for | 2 |
| Boards and Commissions. | 3 |
| (c) The ethics officer of each board or commission shall | 4 |
| timely file with the Special Inspector General for Boards and | 5 |
| Commissions a copy of each ex parte communication made a part | 6 |
| of the board's or commission's record pursuant to Section 5-50 | 7 |
| of the State Officials and Employees Ethics Act. | 8 |
| Section 35. Information provided to the Senate. | 9 |
| (a) Before the Governor submits the name of an applicant | 10 |
| for appointment to a board or commission to the Senate for | 11 |
| confirmation, the Office shall provide to each member of the | 12 |
| Senate's Committee on Executive Appointments, or its | 13 |
| successor, the following: | 14 |
| (1) A copy of the application for the appointment | 15 |
| completed by the appointee for the position for which the | 16 |
| Governor is seeking to have that person confirmed;
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| (2) A copy of the applicant's resume;
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| (3) A questionnaire, completed by the applicant, which | 19 |
| shall be provided by the Chair of the Committee, seeking | 20 |
| such information as the Committee may direct;
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| (4) A copy of the applicant's Oath of Office, and | 22 |
| Statement of Economic Interest required under Article 4A of | 23 |
| the Illinois Governmental Ethics Act, which have been filed | 24 |
| with the Secretary of State;
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| (5) A copy of the applicant's Statement of Conflict of |
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| Interest under Sections 3A-30 and 3A-35 of the Illinois | 2 |
| Governmental Ethics Act, if the applicant is required to | 3 |
| make such a disclosure, which has been filed with the | 4 |
| Secretary of State; and
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| (6) A copy of the applicant's current registration as a | 6 |
| lobbyist with the Secretary of State, if the applicant is | 7 |
| so registered.
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| Section 40. Savings provision. Nothing in this Act shall be | 9 |
| construed to contravene any State or federal law. | 10 |
| Section 90. The Illinois Governmental Ethics Act is amended | 11 |
| by changing Sections 3A-30, 4A-101, and 4A-105 as follows: | 12 |
| (5 ILCS 420/3A-30)
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| Sec. 3A-30. Disclosure.
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| (a) Before Upon appointment to a board, commission,
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| authority, or task force authorized or created by State law, a | 16 |
| person must file
with the Secretary of State a disclosure of | 17 |
| all contracts the person or his or
her spouse or immediate | 18 |
| family members living with the person have with the
State and | 19 |
| all contracts between the State and any entity in which the | 20 |
| person or
his or her spouse or immediate family members living | 21 |
| with the person have a
majority financial interest.
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| (b) Violation of this Section is a business offense
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| punishable
by a fine of $1,001.
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| (c) The Secretary of State must
adopt
rules for the | 2 |
| implementation and administration of this Section.
Disclosures | 3 |
| filed under this Section are public records and shall be posted | 4 |
| on the Secretary of State's official website .
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| (Source: P.A. 93-615, eff. 11-19-03.) | 6 |
| (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 7 |
| Sec. 4A-101. Persons required to file. The following | 8 |
| persons shall file
verified written statements of economic | 9 |
| interests, as provided in this Article:
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| (a) Members of the General Assembly and candidates for | 11 |
| nomination or
election to the General Assembly.
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| (b) Persons holding an elected office in the Executive | 13 |
| Branch of this
State, and candidates for nomination or | 14 |
| election to these offices.
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| (c) Members of a Commission or Board created by the | 16 |
| Illinois Constitution,
and candidates for nomination or | 17 |
| election to such Commission or Board.
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| (d) Persons whose appointment to office is subject to | 19 |
| confirmation by
the Senate and persons appointed, and | 20 |
| applicants for appointment, by the Governor to any other | 21 |
| position on a board or commission described in subsection | 22 |
| (a) of Section 15 of the Gubernatorial Boards and | 23 |
| Commissions Act .
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| (e) Holders of, and candidates for nomination or | 25 |
| election to, the office
of judge or associate judge of the |
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| Circuit Court and the office of judge of
the Appellate or | 2 |
| Supreme Court.
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| (f) Persons who are employed by any branch, agency, | 4 |
| authority or board
of the government of this State, | 5 |
| including but not limited to, the Illinois
State Toll | 6 |
| Highway Authority, the Illinois Housing Development | 7 |
| Authority,
the Illinois Community College Board, and | 8 |
| institutions under the
jurisdiction of the Board of | 9 |
| Trustees
of the University of Illinois, Board of Trustees | 10 |
| of Southern Illinois
University, Board of Trustees of | 11 |
| Chicago State University,
Board of Trustees of Eastern | 12 |
| Illinois University, Board of Trustees of
Governor's State | 13 |
| University, Board of Trustees of Illinois State | 14 |
| University,
Board of Trustees of Northeastern Illinois | 15 |
| University, Board of Trustees of
Northern Illinois | 16 |
| University, Board of Trustees of Western Illinois
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| University, or Board of Trustees of the Illinois | 18 |
| Mathematics and Science
Academy, and are compensated for | 19 |
| services as employees and not as
independent contractors | 20 |
| and who:
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| (1) are, or function as, the head of a department, | 22 |
| commission, board,
division, bureau, authority or | 23 |
| other administrative unit within the
government of | 24 |
| this State, or who exercise similar authority within | 25 |
| the
government of this State;
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| (2) have direct supervisory authority over, or |
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| direct responsibility for
the formulation, | 2 |
| negotiation, issuance or execution of contracts | 3 |
| entered into
by the State in the amount of $5,000 or | 4 |
| more;
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| (3) have authority for the issuance or | 6 |
| promulgation of rules and
regulations within areas | 7 |
| under the authority of the State;
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| (4) have authority for the approval of | 9 |
| professional licenses;
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| (5) have responsibility with respect to the | 11 |
| financial inspection
of regulated nongovernmental | 12 |
| entities;
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| (6) adjudicate, arbitrate, or decide any judicial | 14 |
| or administrative
proceeding, or review the | 15 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 17 |
| the State;
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| (7) have supervisory responsibility for 20 or more | 19 |
| employees of the
State; or
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| (8) negotiate, assign, authorize, or grant naming | 21 |
| rights or sponsorship rights regarding any property or | 22 |
| asset of the State, whether real, personal, tangible, | 23 |
| or intangible.
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| (g) Persons who are elected to office in a unit of | 25 |
| local government,
and candidates for nomination or | 26 |
| 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 | 3 |
| of local
government, or of a special district, and persons | 4 |
| appointed to a zoning
board, or zoning board of appeals, or | 5 |
| to a regional, county, or municipal
plan commission, or to | 6 |
| a board of review of any county, and persons
appointed to | 7 |
| the Board of the Metropolitan Pier and Exposition Authority
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| and any Trustee appointed under Section 22 of the | 9 |
| Metropolitan Pier and
Exposition Authority Act, and | 10 |
| persons appointed to a board or commission of
a unit of | 11 |
| local government who have authority to authorize the | 12 |
| expenditure of
public funds. This subsection does not apply | 13 |
| to members of boards or
commissions who function in an | 14 |
| advisory capacity.
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| (i) Persons who are employed by a unit of local | 16 |
| government and are
compensated for services as employees | 17 |
| and not as independent contractors and
who:
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| (1) are, or function as, the head of a department, | 19 |
| division, bureau,
authority or other administrative | 20 |
| unit within the unit of local
government, or who | 21 |
| exercise similar authority within the unit of local
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| government;
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| (2) have direct supervisory authority over, or | 24 |
| direct responsibility for
the formulation, | 25 |
| negotiation, issuance or execution of contracts | 26 |
| entered into
by the unit of local government in the |
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| amount of $1,000 or greater;
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| (3) have authority to approve licenses
and permits | 3 |
| by the unit of local government; this item does not | 4 |
| include
employees who function in a ministerial | 5 |
| capacity;
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| (4) adjudicate, arbitrate, or decide any judicial | 7 |
| or administrative
proceeding, or review the | 8 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 10 |
| the unit of local
government;
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| (5) have authority to issue or promulgate rules and | 12 |
| regulations within
areas under the authority of the | 13 |
| unit of local government; or
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| (6) have supervisory responsibility for 20 or more | 15 |
| employees of the
unit of local government.
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| (j) Persons on the Board of Trustees of the Illinois | 17 |
| Mathematics and
Science Academy.
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| (k) Persons employed by a school district in positions | 19 |
| that
require that
person to hold an administrative or a | 20 |
| chief school business official
endorsement.
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| (l) Special government agents. A "special government | 22 |
| agent" is a
person who is directed, retained, designated, | 23 |
| appointed, or
employed, with or without compensation, by or | 24 |
| on behalf of a
statewide executive branch constitutional | 25 |
| officer to make an ex
parte communication under Section | 26 |
| 5-50 of the State Officials and
Employees Ethics Act or |
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| Section 5-165 of the Illinois
Administrative Procedure | 2 |
| Act.
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| (m) Members of the board of commissioners of any flood | 4 |
| prevention district. | 5 |
| This Section shall not be construed to prevent any unit of | 6 |
| local government
from enacting financial disclosure | 7 |
| requirements that mandate
more information
than required by | 8 |
| this Act.
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| (Source: P.A. 95-719, eff. 5-21-08.)
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| (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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| Sec. 4A-105. Time for filing. Except as provided in | 12 |
| Section 4A-106.1, by
May 1 of each year a statement must be | 13 |
| filed by each person
whose position at that time subjects him | 14 |
| to the filing requirements of Section
4A-101 unless he has | 15 |
| already filed a statement in relation to the same unit of
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| government in that calendar year.
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| Statements must also be filed as follows:
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| (a) A candidate for elective office shall file his | 19 |
| statement not later
than the end of the period during which | 20 |
| he can take the action necessary
under the laws of this | 21 |
| State to attempt to qualify for nomination, election, or
| 22 |
| retention to such office if he has not filed a statement in | 23 |
| relation to the
same unit of government within a year | 24 |
| preceding such action.
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| (b) A person , other than a person nominated by the |
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| Governor, whose appointment to office is subject to | 2 |
| confirmation by
the Senate shall file his statement at the | 3 |
| time his name is submitted to
the Senate for confirmation.
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| (b-1) A person seeking appointment by the Governor to a | 5 |
| board or commission described in subsection (a) of Section | 6 |
| 15 of the Gubernatorial Boards and Commissions Act, whether | 7 |
| or not that appointment is subject to Senate confirmation, | 8 |
| shall file his or her statement at the time of application. | 9 |
| (b-5) A special government agent, as defined in
item | 10 |
| (1) of Section 4A-101 of this Act, shall file a statement | 11 |
| within 30 days
after
making the first ex parte | 12 |
| communication and each May 1 thereafter if he or she
has | 13 |
| made an ex parte communication within the previous 12 | 14 |
| months.
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| (c) Any other person required by this Article to file | 16 |
| the statement
shall file a statement at the time of his or | 17 |
| her initial appointment or
employment in relation to that | 18 |
| unit of government if appointed or employed by
May 1.
| 19 |
| If any person who is required to file a statement of | 20 |
| economic interests
fails to file such statement by May 1 of any | 21 |
| year, the officer with whom
such statement is to be filed under | 22 |
| Section 4A-106 of this Act shall,
within 7 days after May 1, | 23 |
| notify such person by certified mail of his or
her failure to | 24 |
| file by the specified date. Except as may be prescribed by
rule | 25 |
| of the Secretary of State, such person shall file his or
her | 26 |
| statement of economic interests on or before May 15 with the
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| appropriate officer, together with a $15 late filing fee. Any | 2 |
| such person
who fails to file by May 15 shall be subject to a | 3 |
| penalty of $100 for each
day from May 16 to the date of filing, | 4 |
| which shall be in addition to the $15
late filing fee specified | 5 |
| above. Failure to file by May 31 shall result in a
forfeiture | 6 |
| in accordance with Section 4A-107 of this Act.
| 7 |
| Any person who takes office or otherwise becomes required | 8 |
| to file a
statement of economic interests within 30 days prior | 9 |
| to May 1 of any year
may file his or her statement at any time | 10 |
| on or before May 31 without
penalty. If such person fails to | 11 |
| file such statement by May 31, the
officer with whom such | 12 |
| statement is to be filed under Section 4A-106 of
this Act | 13 |
| shall, within 7 days after May 31, notify such person by | 14 |
| certified
mail of his or her failure to file by the specified | 15 |
| date. Such person
shall file his or her statement of economic | 16 |
| interests on or before June 15 with
the appropriate officer, | 17 |
| together with a $15 late filing fee. Any such
person who fails | 18 |
| to file by June 15 shall be subject to a penalty of $100
per day | 19 |
| for each day from June 16 to the date of filing, which shall be | 20 |
| in
addition to the $15 late filing fee specified above. Failure | 21 |
| to file by June
30 shall result in a forfeiture in accordance | 22 |
| with Section 4A-107 of this Act.
| 23 |
| All late filing fees and penalties collected pursuant to | 24 |
| this Section
shall be paid into the General Revenue Fund in the | 25 |
| State treasury, if the
Secretary of State receives such | 26 |
| statement for filing, or into the general
fund in the county |
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| treasury, if the county clerk receives such statement
for | 2 |
| filing. The Attorney General, with respect to the State, and | 3 |
| the
several State's Attorneys, with respect to counties, shall | 4 |
| take appropriate
action to collect the prescribed penalties.
| 5 |
| Failure to file a statement of economic interests within | 6 |
| the time
prescribed shall not result in a fine or ineligibility | 7 |
| for, or forfeiture of,
office or position of employment, as the | 8 |
| case may be; provided that the failure
to file results from not | 9 |
| being included for notification by the appropriate
agency, | 10 |
| clerk, secretary, officer or unit of government, as the case | 11 |
| may be,
and that a statement is filed within 30 days of actual | 12 |
| notice of the failure to
file.
| 13 |
| (Source: P.A. 93-617, eff. 12-9-03.)
| 14 |
| Section 95. The Illinois Pension Code is amended by | 15 |
| changing Sections 14-134, 15-159, 16-163, and 16-164 as | 16 |
| follows:
| 17 |
| (40 ILCS 5/14-134) (from Ch. 108 1/2, par. 14-134)
| 18 |
| Sec. 14-134. Board created.
The retirement system created | 19 |
| by this
Article shall be a trust, separate and distinct from | 20 |
| all other entities.
The responsibility for the operation of the | 21 |
| system and for making effective
this Article is vested in a | 22 |
| board of trustees.
| 23 |
| The board shall consist of 7 trustees, as follows:
| 24 |
| (a) the Director of the
Governor's Office of Management and |
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| Budget; (b) the Comptroller; (c)
one trustee, not a State | 2 |
| employee, who shall be Chairman, to be appointed
by the | 3 |
| Governor , with the advice and consent of the Senate, for a 5 | 4 |
| year term; (d) two members of the system, one of
whom shall be | 5 |
| an annuitant age 60 or over, having at least 8 years of
| 6 |
| creditable service, to be appointed by the Governor , with the | 7 |
| advice and consent of the Senate, for terms of 5 years;
(e) one | 8 |
| member of the system having at least 8 years of creditable | 9 |
| service,
to be elected from the contributing membership of the | 10 |
| system by the
contributing members as provided in Section | 11 |
| 14-134.1; (f) one annuitant of
the system who has been an | 12 |
| annuitant for at least one full year, to be
elected from and by | 13 |
| the annuitants of the system, as provided in Section
14-134.1. | 14 |
| The Director of the
Governor's Office of Management and Budget
| 15 |
| and the Comptroller shall
be ex-officio members and shall serve | 16 |
| as trustees during their respective terms
of office, except | 17 |
| that each of them may designate another officer or employee
| 18 |
| from the same agency to serve in his or her place. However, no | 19 |
| ex-officio
member may designate a different proxy within one | 20 |
| year after designating a
proxy unless the person last so | 21 |
| designated has become ineligible to serve in
that capacity. | 22 |
| Except for the elected trustees, any vacancy in the office of
| 23 |
| trustee shall be filled in the same manner as the office was | 24 |
| filled previously.
| 25 |
| A trustee shall serve until a successor qualifies, except
| 26 |
| that a trustee who is a member of the system shall be |
|
|
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| 1 |
| disqualified as a
trustee immediately upon terminating service | 2 |
| with the State.
| 3 |
| Each trustee is entitled to one vote on the board, and 4 | 4 |
| trustees shall
constitute a quorum for the transaction of | 5 |
| business. The affirmative
votes of a majority of the trustees | 6 |
| present, but at least 3 trustees, shall be
necessary for action | 7 |
| by the board at any meeting. The board's action of July
22, | 8 |
| 1986, by which it amended the bylaws of the system to increase | 9 |
| the number
of affirmative votes required for board action from | 10 |
| 3 to 4 (in response to
Public Act 84-1028, which increased the | 11 |
| number of trustees from 5 to 7), and
the board's rejection, | 12 |
| between that date and the effective date of this
amendatory Act | 13 |
| of 1993, of proposed actions not receiving at least 4
| 14 |
| affirmative votes, are hereby validated.
| 15 |
| The trustees shall serve without compensation, but shall be | 16 |
| reimbursed
from the funds of the system for all necessary | 17 |
| expenses incurred through
service on the board.
| 18 |
| Each trustee shall take an oath of office that he or she | 19 |
| will
diligently and honestly administer the affairs of the | 20 |
| system, and will not
knowingly violate or willfully permit the | 21 |
| violation of any of
the provisions of law applicable to the | 22 |
| system. The oath shall be
subscribed to by the trustee making | 23 |
| it, certified by the officer before
whom it is taken, and filed | 24 |
| with the Secretary of State. A trustee shall
qualify for | 25 |
| membership on the board when the oath has been approved by the
| 26 |
| board.
|
|
|
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| 1 |
| (Source: P.A. 94-793, eff. 5-19-06.)
| 2 |
| (40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
| 3 |
| Sec. 15-159. Board created. A board of trustees constituted | 4 |
| as provided in
this Section shall administer this System. The | 5 |
| board shall be known as the
Board of Trustees of the State | 6 |
| Universities Retirement System.
| 7 |
| (b) Until July 1, 1995, the Board of Trustees shall be | 8 |
| constituted
as follows:
| 9 |
| Two trustees shall be members of the Board of Trustees of | 10 |
| the
University of Illinois, one shall be a member of
the Board | 11 |
| of Trustees of Southern Illinois University, one shall be a | 12 |
| member
of the Board of Trustees of Chicago State University, | 13 |
| one shall be a member of
the Board of Trustees of Eastern | 14 |
| Illinois University, one shall be a member of
the Board of | 15 |
| Trustees of Governors State University, one shall be a member | 16 |
| of
the Board of Trustees of Illinois State University, one | 17 |
| shall be a member of
the Board of Trustees of Northeastern | 18 |
| Illinois University, one shall be a
member of the Board of | 19 |
| Trustees of Northern Illinois University, one shall be a
member | 20 |
| of the Board of Trustees of Western Illinois University, and | 21 |
| one shall
be a member of the Illinois Community College Board, | 22 |
| selected in each case by
their respective boards, and 2 shall
| 23 |
| be participants of the system appointed by the Governor for a 6 | 24 |
| year term with
the first appointment made pursuant to this | 25 |
| amendatory Act of 1984 to be
effective September 1, 1985, and |
|
|
|
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| 1 |
| one shall be a participant appointed by the
Illinois Community | 2 |
| College Board for a 6 year term, and one shall be a
participant | 3 |
| appointed by the Board of Trustees of the University of | 4 |
| Illinois
for a 6 year term, and one shall be a participant or | 5 |
| annuitant of the system
who is a senior citizen age 60 or older | 6 |
| appointed by the Governor for a 6 year
term with the first | 7 |
| appointment to be effective September 1, 1985.
| 8 |
| The terms of all trustees holding office under this | 9 |
| subsection (b) on
June 30, 1995 shall terminate at the end of | 10 |
| that day and the Board shall
thereafter be constituted as | 11 |
| provided in subsection (c).
| 12 |
| (c) Beginning July 1, 1995, the Board of Trustees shall be
| 13 |
| constituted as follows:
| 14 |
| The Board shall consist of 9 trustees appointed by the | 15 |
| Governor , with the advice and consent of the Senate . Two of the
| 16 |
| trustees, designated at the time of appointment, shall be | 17 |
| participants of the
System. Two of the trustees, designated at | 18 |
| the time of appointment, shall be
annuitants of the System who | 19 |
| are receiving retirement annuities under this
Article. The 5 | 20 |
| remaining trustees may, but need not, be participants or
| 21 |
| annuitants of the System.
| 22 |
| The term of office of trustees appointed under this | 23 |
| subsection (c)
shall be 6 years, beginning on July 1. However, | 24 |
| of the initial trustees
appointed under this subsection (c), 3 | 25 |
| shall be appointed for terms of 2 years,
3 shall be appointed | 26 |
| for terms of 4 years, and 3 shall be appointed for terms
of 6 |
|
|
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| 1 |
| years, to be designated by the Governor at the time of | 2 |
| appointment.
| 3 |
| A vacancy on the board of trustees caused by resignation,
| 4 |
| death, expiration of term of office, or other reason shall be | 5 |
| filled by a
qualified person appointed by the Governor , with | 6 |
| the advice and consent of the Senate, for the remainder of the | 7 |
| unexpired
term.
| 8 |
| Trustees (other than the trustees incumbent on June 30, | 9 |
| 1995)
shall continue in office until their respective | 10 |
| successors are appointed
and have qualified, except that a | 11 |
| trustee appointed to one of the
participant positions shall be | 12 |
| disqualified immediately upon the termination of
his or her | 13 |
| status as a participant and a trustee appointed to one of the
| 14 |
| annuitant positions shall be disqualified immediately upon the | 15 |
| termination of
his or her status as an annuitant receiving a | 16 |
| retirement annuity.
| 17 |
| (d) Each trustee must take an oath of office
before a | 18 |
| notary public of this State and shall qualify as a trustee upon | 19 |
| the
presentation to the board of a certified copy of the oath. | 20 |
| The oath must state
that the person will diligently and | 21 |
| honestly administer the affairs of the
retirement system, and | 22 |
| will not knowingly violate or wilfully permit to be
violated | 23 |
| any provisions of this Article.
| 24 |
| Each trustee shall serve without compensation but shall be | 25 |
| reimbursed for
expenses necessarily incurred in attending | 26 |
| board meetings and carrying out his
or her duties as a trustee |
|
|
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| 1 |
| or officer of the system.
| 2 |
| (e) This amendatory Act of 1995 is intended to supersede | 3 |
| the changes made
to this Section by Public Act 89-4.
| 4 |
| (Source: P.A. 89-4, eff. 1-1-96; 89-196, eff. 7-21-95.)
| 5 |
| (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163) | 6 |
| Sec. 16-163. Board created. A board of 11 members | 7 |
| constitutes the
board of trustees authorized to carry out the | 8 |
| provisions of this Article and is
responsible for the general | 9 |
| administration of the System. The board shall
be known as the | 10 |
| Board of Trustees of the Teachers' Retirement System
of the | 11 |
| State of Illinois. The board shall be composed of the
| 12 |
| Superintendent of Education, ex officio, who shall be the | 13 |
| president of the
board; 4 persons, not members of the System, | 14 |
| to be appointed by the Governor , with the advice and consent of | 15 |
| the Senate ,
who shall hold no elected State office; 4 persons | 16 |
| who, at the time of their
election, are
teachers as defined in | 17 |
| Section 16-106, elected by the
contributing members; and 2 | 18 |
| annuitant members elected by the annuitants of the
System, as | 19 |
| provided in Section 16-165.
| 20 |
| (Source: P.A. 94-423, eff. 8-2-05.)
| 21 |
| (40 ILCS 5/16-164) (from Ch. 108 1/2, par. 16-164)
| 22 |
| Sec. 16-164. Board - appointed members - vacancies. Terms | 23 |
| of office for
the appointed members shall begin on July 15 of | 24 |
| an even-numbered year.
The Governor shall appoint , with the |
|
|
|
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| 1 |
| advice and consent of the Senate, 2 members as trustees in each | 2 |
| even-numbered year
who shall hold office for a term of 4 years. | 3 |
| Each such appointee shall reside in and be
a taxpayer in the | 4 |
| territory covered by this system, shall be interested
in public | 5 |
| school welfare, and experienced and competent in financial and
| 6 |
| business management. A vacancy in the term of an appointed
| 7 |
| trustee shall be filled for the unexpired term by appointment | 8 |
| of the
Governor , with the advice and consent of the Senate .
| 9 |
| (Source: P.A. 83-1440.)
| 10 |
| Section 97. Severability. The provisions of this Act are | 11 |
| severable under Section 1.31 of the Statute on Statutes.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|