SB0189sam002 96TH GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 3/31/2009

09600SB0189sam002 LRB096 07744 JAM 24881 a

AMENDMENT TO SENATE BILL 189

AMENDMENT NO. ______. Amend Senate Bill 189 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Gubernatorial Boards and Commissions Act.

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.

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.

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 and previous terms served by that person on that or any other State 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 copy of the resume, with the person's home address and any personal information redacted, of each person appointed to a board or commission by the Governor after the effective date of this Act. This posting shall remain until one year after the person no longer serves on that board or commission.

(6) A copy of the letter of appointment, with the person's home address redacted, filed with the Secretary of State with respect to each person appointed to a board or commission by the Governor after the effective date of this Act. This posting shall remain until one year after the person no longer serves on that board or commission.

(7) 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.

Section 15. Eligibility for appointment or reappointment to certain boards and commissions.

(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 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:

(1) The person fails to agree in writing on a form prescribed by the Office that he or she, for a period of one year after termination of the person's appointment or reappointment, will not accept employment with, or perform any compensated services for, an individual or entity (or any of its affiliates) with respect to which the person, during a period of one year before termination of his or her appointment or reappointment, participated in the board's or commission's (i) award of a contract of more than $25,000 or (ii) regulatory, adjudicatory, quasi-adjudicatory, investigatory, or licensing decision. After a person's appointment or reappointment, the written agreement shall not be binding if waived by the Executive Ethics Commission upon a showing that the prospective employment or relationship did not affect the board's or commission's award or decision.

(2) The person fails to agree in writing on a form prescribed by the Office that the person will not lobby or represent an individual or entity (or any of its affiliates) before the board or commission to which the person seeks appointment or reappointment during his or her service on that board or commission and for one year after termination of that service.

(3) 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.

Section 20. Ethics training. Each person appointed by the Governor to a board or commission described in subsection (a) of Section 15, whether appointed before, on, or after the effective date of this Act, shall annually complete the ethics training required by Section 5-10 of the State Officials and Employees Ethics Act for State employees under the jurisdiction of the Governor's Executive Inspector General.

Section 25. 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:

(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.

Section 30. Special Inspector General for Boards and Commissions.

(a) The Governor's Executive Inspector General shall appoint a Special Inspector General for Boards and Commissions. The Special Inspector General shall receive and review all complaints involving boards and commissions under the jurisdiction of the Governor. Upon request, the Special Inspector General shall provide advice and counsel in matters relating to enforcement and application of this Act and the State Officials and Employees Ethics Act.

(b) The Office shall maintain on its official website information concerning the process for filing a complaint with the Special Inspector General for Boards and Commissions regarding any suspected fraud, waste, abuse, or misconduct involving a board or commission. The information shall include, but shall not be limited to, a link to the website of the Office of the Governor's Executive Inspector General and contact information for the Special Inspector General for Boards and Commissions.

(c) The ethics officer of each board or commission shall timely file with the Special Inspector General for Boards and Commissions a copy of each ex parte communication made a part of the board's or commission's record pursuant to Section 5-50 of the State Officials and Employees Ethics Act.

Section 35. Information provided to the Senate.

(a) Before the Governor submits the name of an applicant for appointment to a board or commission to the Senate for confirmation, the Office shall provide to each member of the Senate's Committee on Executive Appointments, or its successor, the following:

(1) A copy of the application for the appointment completed by the appointee for the position for which the Governor is seeking to have that person confirmed;

(2) A copy of the applicant's resume;

(3) A questionnaire, completed by the applicant, which shall be provided by the Chair of the Committee, seeking such information as the Committee may direct;

(4) A copy of the applicant's Oath of Office, and Statement of Economic Interest required under Article 4A of the Illinois Governmental Ethics Act, which have been filed with the Secretary of State;

(5) A copy of the applicant's Statement of Conflict of Interest under Sections 3A-30 and 3A-35 of the Illinois Governmental Ethics Act, if the applicant is required to make such a disclosure, which has been filed with the Secretary of State; and

(6) A copy of the applicant's current registration as a lobbyist with the Secretary of State, if the applicant is so registered.

Section 40. Savings provision. Nothing in this Act shall be construed to contravene any State or federal law.

Section 90. The Illinois Governmental Ethics Act is amended by changing Sections 3A-30, 4A-101, and 4A-105 as follows:

(5 ILCS 420/3A-30)

Sec. 3A-30. Disclosure.

(a) Before Upon appointment to a board, commission, authority, or task force authorized or created by State law, a person must file with the Secretary of State a disclosure of all contracts the person or his or her spouse or immediate family members living with the person have with the State and all contracts between the State and any entity in which the person or his or her spouse or immediate family members living with the person have a majority financial interest.

(b) Violation of this Section is a business offense punishable by a fine of $1,001.

(c) The Secretary of State must adopt rules for the implementation and administration of this Section. Disclosures filed under this Section are public records and shall be posted on the Secretary of State's official website.

(Source: P.A. 93-615, eff. 11-19-03.)

(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:

(a) Members of the General Assembly and candidates for nomination or election to the General Assembly.

(b) Persons holding an elected office in the Executive Branch of this State, and candidates for nomination or election to these offices.

(c) Members of a Commission or Board created by the Illinois Constitution, and candidates for nomination or election to such Commission or Board.

(d) Persons whose appointment to office is subject to confirmation by the Senate and persons appointed, and applicants for appointment, 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.

(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.

(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 University, or Board of Trustees of the Illinois Mathematics and Science Academy, and are compensated for services as employees and not as independent contractors and who:

(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;

(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;

(3) have authority for the issuance or promulgation of rules and regulations within areas under the authority of the State;

(4) have authority for the approval of professional licenses;

(5) have responsibility with respect to the financial inspection of regulated nongovernmental entities;

(6) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the State;

(7) have supervisory responsibility for 20 or more employees of the State; or

(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.

(g) Persons who are elected to office in a unit of local government, and candidates for nomination or election to that office, including regional superintendents of school districts.

(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 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.

(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:

(1) are, or function as, the head of a department, division, bureau, authority or other administrative unit within the unit of local government, or who exercise similar authority within the unit of local government;

(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;

(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;

(4) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the unit of local government;

(5) have authority to issue or promulgate rules and regulations within areas under the authority of the unit of local government; or

(6) have supervisory responsibility for 20 or more employees of the unit of local government.

(j) Persons on the Board of Trustees of the Illinois Mathematics and Science Academy.

(k) Persons employed by a school district in positions that require that person to hold an administrative or a chief school business official endorsement.

(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.

(m) Members of the board of commissioners of any flood prevention district.

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.

(Source: P.A. 95-719, eff. 5-21-08.)

(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)

Sec. 4A-105. Time for filing. Except as provided in Section 4A-106.1, by May 1 of each year a statement must be filed by each person whose position at that time subjects him to the filing requirements of Section 4A-101 unless he has already filed a statement in relation to the same unit of government in that calendar year.

Statements must also be filed as follows:

(a) A candidate for elective office shall file his statement not later than the end of the period during which he can take the action necessary under the laws of this State to attempt to qualify for nomination, election, or retention to such office if he has not filed a statement in relation to the same unit of government within a year preceding such action.

(b) A person, other than a person nominated by the Governor, whose appointment to office is subject to confirmation by the Senate shall file his statement at the time his name is submitted to the Senate for confirmation.

(b-1) A person seeking appointment by the Governor to a board or commission described in subsection (a) of Section 15 of the Gubernatorial Boards and Commissions Act, whether or not that appointment is subject to Senate confirmation, shall file his or her statement at the time of application.

(b-5) A special government agent, as defined in item (1) of Section 4A-101 of this Act, shall file a statement within 30 days after making the first ex parte communication and each May 1 thereafter if he or she has made an ex parte communication within the previous 12 months.

(c) Any other person required by this Article to file the statement shall file a statement at the time of his or her initial appointment or employment in relation to that unit of government if appointed or employed by May 1.

If any person who is required to file a statement of economic interests fails to file such statement by May 1 of any year, the officer with whom such statement is to be filed under Section 4A-106 of this Act shall, within 7 days after May 1, notify such person by certified mail of his or her failure to file by the specified date. Except as may be prescribed by rule of the Secretary of State, such person shall file his or her statement of economic interests on or before May 15 with the appropriate officer, together with a $15 late filing fee. Any such person who fails to file by May 15 shall be subject to a penalty of $100 for each day from May 16 to the date of filing, which shall be in addition to the $15 late filing fee specified above. Failure to file by May 31 shall result in a forfeiture in accordance with Section 4A-107 of this Act.

Any person who takes office or otherwise becomes required to file a statement of economic interests within 30 days prior to May 1 of any year may file his or her statement at any time on or before May 31 without penalty. If such person fails to file such statement by May 31, the officer with whom such statement is to be filed under Section 4A-106 of this Act shall, within 7 days after May 31, notify such person by certified mail of his or her failure to file by the specified date. Such person shall file his or her statement of economic interests on or before June 15 with the appropriate officer, together with a $15 late filing fee. Any such person who fails to file by June 15 shall be subject to a penalty of $100 per day for each day from June 16 to the date of filing, which shall be in addition to the $15 late filing fee specified above. Failure to file by June 30 shall result in a forfeiture in accordance with Section 4A-107 of this Act.

All late filing fees and penalties collected pursuant to this Section shall be paid into the General Revenue Fund in the State treasury, if the Secretary of State receives such statement for filing, or into the general fund in the county treasury, if the county clerk receives such statement for filing. The Attorney General, with respect to the State, and the several State's Attorneys, with respect to counties, shall take appropriate action to collect the prescribed penalties.

Failure to file a statement of economic interests within the time prescribed shall not result in a fine or ineligibility for, or forfeiture of, office or position of employment, as the case may be; provided that the failure to file results from not being included for notification by the appropriate agency, clerk, secretary, officer or unit of government, as the case may be, and that a statement is filed within 30 days of actual notice of the failure to file.

(Source: P.A. 93-617, eff. 12-9-03.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".