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Public Act 096-0543
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| SB1602 Enrolled |
LRB096 10304 JAM 20474 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Gubernatorial Boards and Commissions Act.
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Section 5. Definitions. As used in this Act: |
"Board" means a board authorized or created by executive |
order of the Governor, statute, or the Illinois Constitution to |
which the Governor has authority (whether or not exercised) to |
appoint one or more members. |
"Commission" means a commission or other body authorized or |
created by executive order of the Governor, statute, or the |
Illinois Constitution to which the Governor has authority |
(whether or not exercised) to appoint one or more members. |
"Office" means the Governor's Office of Boards and |
Commissions, or a successor entity within the Governor's |
administration.
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Section 10. Repository of board and commission membership. |
The Office shall establish and maintain on the Internet a |
centralized, searchable database, freely accessible to the |
public, of information relating to appointed positions on the |
State's boards and commissions. |
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The database shall include, at a minimum: |
(1) The qualifications for, and the powers, duties, and |
responsibilities of, each appointed position on each of the |
State's boards and commissions. |
(2) The name and term of each current appointed member |
of a board or commission. |
(3) Each current vacancy in appointed membership of |
each of the State's boards and commissions. |
(4) Information as to how a person may apply for |
appointment to a board or commission, including a uniform |
application that may be downloaded and printed or that may |
be submitted electronically. |
(5) A link to that section of the Secretary of State's |
website that allows the public to search Statements of |
Economic Interest filed with the Secretary of State.
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Section 15. Eligibility for appointment or reappointment |
to certain boards and commissions.
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(a) For the purpose of this Section, "appointment or |
reappointment" means appointment or reappointment by the |
Governor to: |
(1) A board or commission composed of members whose |
appointment or reappointment requires the advice and |
consent of the Senate, and whose members: (i) are entitled |
to compensation for their service beyond reimbursement of |
expenses; (ii) have statutory authority to regulate or |
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oversee the business or activities of individuals, private |
entities, or public bodies; (iii) have statutory authority |
to issue or approve professional licenses; (iv) have |
statutory authority to conduct, or review the decision |
resulting from, any arbitration, adjudication, |
administrative, or quasi-judicial proceeding; or (v) have |
statutory authority to award grants. |
(2) The governing board of a retirement system |
established by Article 14, 15, or 16 of the Illinois |
Pension Code. |
(3) The Illinois State Board of Investment. |
(4) The Illinois Board of Higher Education. |
(5) The governing board of a State university. |
(b) a person is ineligible for appointment or reappointment |
after the effective date of this Act if the person fails to |
file a disclosure of conflicts of interests and a statement of |
economic interests as required by Section 3A-30 and Article 4A, |
respectively, of the Illinois Governmental Ethics Act. |
(c) Nothing in this Section shall impair the ability of a |
person serving on a board or commission on the effective date |
of this Act to complete his or her current term of membership.
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Section 20. Board or commission website. A board or |
commission that maintains a website and has a full-time |
information technology staff shall make freely available to the |
public on that website the following: |
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(1) Any audio or video recordings of each of its |
regular or special open meetings, for a period of at least |
2 years after the date of the meeting. |
(2) Minutes of each of its regular or special meetings, |
for a period of at least 2 years after the date of the |
meeting. |
(3) A regularly updated schedule of its future meeting |
dates and agenda.
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Section 40. Savings provision. Nothing in this Act shall be |
construed to contravene any State or federal law.
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Section 90. The Illinois Governmental Ethics Act is amended |
by changing Section 4A-101 as follows:
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(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) |
Sec. 4A-101. Persons required to file. The following |
persons shall file
verified written statements of economic |
interests, as provided in this Article:
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(a) Members of the General Assembly and candidates for |
nomination or
election to the General Assembly.
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(b) Persons holding an elected office in the Executive |
Branch of this
State, and candidates for nomination or |
election to these offices.
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(c) Members of a Commission or Board created by the |
Illinois Constitution,
and candidates for nomination or |
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election to such Commission or Board.
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(d) Persons whose appointment to office is subject to |
confirmation by
the Senate and persons appointed by the |
Governor to any other position on a board or commission |
described in subsection (a) of Section 15 of the |
Gubernatorial Boards and Commissions Act.
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(e) Holders of, and candidates for nomination or |
election to, the office
of judge or associate judge of the |
Circuit Court and the office of judge of
the Appellate or |
Supreme Court.
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(f) Persons who are employed by any branch, agency, |
authority or board
of the government of this State, |
including but not limited to, the Illinois
State Toll |
Highway Authority, the Illinois Housing Development |
Authority,
the Illinois Community College Board, and |
institutions under the
jurisdiction of the Board of |
Trustees
of the University of Illinois, Board of Trustees |
of Southern Illinois
University, Board of Trustees of |
Chicago State University,
Board of Trustees of Eastern |
Illinois University, Board of Trustees of
Governor's State |
University, Board of Trustees of Illinois State |
University,
Board of Trustees of Northeastern Illinois |
University, Board of Trustees of
Northern Illinois |
University, Board of Trustees of Western Illinois
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University, or Board of Trustees of the Illinois |
Mathematics and Science
Academy, and are compensated for |
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services as employees and not as
independent contractors |
and who:
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(1) are, or function as, the head of a department, |
commission, board,
division, bureau, authority or |
other administrative unit within the
government of |
this State, or who exercise similar authority within |
the
government of this State;
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(2) have direct supervisory authority over, or |
direct responsibility for
the formulation, |
negotiation, issuance or execution of contracts |
entered into
by the State in the amount of $5,000 or |
more;
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(3) have authority for the issuance or |
promulgation of rules and
regulations within areas |
under the authority of the State;
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(4) have authority for the approval of |
professional licenses;
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(5) have responsibility with respect to the |
financial inspection
of regulated nongovernmental |
entities;
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(6) adjudicate, arbitrate, or decide any judicial |
or administrative
proceeding, or review the |
adjudication, arbitration or decision of any judicial
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or administrative proceeding within the authority of |
the State;
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(7) have supervisory responsibility for 20 or more |
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employees of the
State; or
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(8) negotiate, assign, authorize, or grant naming |
rights or sponsorship rights regarding any property or |
asset of the State, whether real, personal, tangible, |
or intangible.
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(g) Persons who are elected to office in a unit of |
local government,
and candidates for nomination or |
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 |
of local
government, or of a special district, and persons |
appointed to a zoning
board, or zoning board of appeals, or |
to a regional, county, or municipal
plan commission, or to |
a board of review of any county, and persons
appointed to |
the Board of the Metropolitan Pier and Exposition Authority
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and any Trustee appointed under Section 22 of the |
Metropolitan Pier and
Exposition Authority Act, and |
persons appointed to a board or commission of
a unit of |
local government who have authority to authorize the |
expenditure of
public funds. This subsection does not apply |
to members of boards or
commissions who function in an |
advisory capacity.
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(i) Persons who are employed by a unit of local |
government and are
compensated for services as employees |
and not as independent contractors and
who:
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(1) are, or function as, the head of a department, |
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division, bureau,
authority or other administrative |
unit within the unit of local
government, or who |
exercise similar authority within the unit of local
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government;
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(2) have direct supervisory authority over, or |
direct responsibility for
the formulation, |
negotiation, issuance or execution of contracts |
entered into
by the unit of local government in the |
amount of $1,000 or greater;
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(3) have authority to approve licenses
and permits |
by the unit of local government; this item does not |
include
employees who function in a ministerial |
capacity;
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(4) adjudicate, arbitrate, or decide any judicial |
or administrative
proceeding, or review the |
adjudication, arbitration or decision of any judicial
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or administrative proceeding within the authority of |
the unit of local
government;
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(5) have authority to issue or promulgate rules and |
regulations within
areas under the authority of the |
unit of local government; or
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(6) have supervisory responsibility for 20 or more |
employees of the
unit of local government.
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(j) Persons on the Board of Trustees of the Illinois |
Mathematics and
Science Academy.
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(k) Persons employed by a school district in positions |
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that
require that
person to hold an administrative or a |
chief school business official
endorsement.
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(l) Special government agents. A "special government |
agent" is a
person who is directed, retained, designated, |
appointed, or
employed, with or without compensation, by or |
on behalf of a
statewide executive branch constitutional |
officer to make an ex
parte communication under Section |
5-50 of the State Officials and
Employees Ethics Act or |
Section 5-165 of the Illinois
Administrative Procedure |
Act.
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(m) Members of the board of commissioners of any flood |
prevention district. |
(n) Members of the board of any retirement system or |
investment board established under the Illinois Pension |
Code, if not required to file under any other provision of |
this Section. |
(o) Members of the board of any pension fund |
established under the Illinois Pension Code, if not |
required to file under any other provision of this Section. |
This Section shall not be construed to prevent any unit of |
local government
from enacting financial disclosure |
requirements that mandate
more information
than required by |
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 |