[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 002 ] | [ House Amendment 009 ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_SB0807ham001
LRB9106074MWpcam02
1 AMENDMENT TO SENATE BILL 807
2 AMENDMENT NO. . Amend Senate Bill 807 on page 4,
3 line 30, after "4.1,", by inserting "4.2,"; and
4 on page 18, immediately below line 11, by inserting the
5 following:
6 "(20 ILCS 3960/4.2 new)
7 Sec. 4.2. Ex parte communications. Notwithstanding any
8 law to the contrary, the provisions of Section 10-60 of the
9 Illinois Administrative Procedure Act, as modified by this
10 Section, apply to State Board proceedings. The provisions of
11 Section 10-60 of the Illinois Administrative Procedure Act do
12 not apply, however, to communications between State Board
13 employees who are engaged in investigatory, prosecutorial, or
14 advocacy functions and other parties to the proceeding,
15 provided that those State Board employees are still
16 prohibited from communicating on an ex parte basis, as
17 designated in Section 10-60 of the Illinois Administrative
18 Procedure Act, directly or indirectly, with members of the
19 State Board, any hearing examiner in the proceeding, or any
20 State Board employee who is or may reasonably be expected to
21 be involved in the decisional process of the proceeding.
22 Any State Board member, hearing examiner, or other State
-2- LRB9106074MWpcam02
1 Board employee who is or may reasonably be expected to be
2 involved in the decisional process of a proceeding who
3 receives, or who makes or knowingly causes to be made, a
4 communication prohibited by Section 10-60 of the Illinois
5 Administrative Procedure Act, as modified by this Section,
6 must place on the public record of the proceeding (i) all
7 such written communications, (ii) memoranda stating the
8 substance of all such oral communications, and (iii) all
9 written responses and memoranda stating the substance of all
10 oral responses to the materials described in items (i) and
11 (ii).
12 The State Board, or any State Board member or hearing
13 examiner presiding over the proceeding, in the event of a
14 violation of this Section, must take whatever action is
15 necessary to ensure that the violation does not prejudice any
16 party of adversely affect the fairness of the proceedings.".