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, 
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by replacing everything after the enacting clause with the 
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following:




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

 
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    Section 5. Definitions.   As used in this Act:
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    "Board" means a board authorized or created by executive 
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order of the Governor, statute, or the Illinois Constitution to 
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which the Governor has authority (whether or not exercised) to 
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appoint one or more members.
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    "Commission" means a commission or other body authorized or 
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created by executive order of the Governor, statute, or the 
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Illinois Constitution to which the Governor has authority 
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(whether or not exercised) to appoint one or more members.
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    "Office" means the Governor's Office of Boards and 
 


 






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Commissions, or a successor entity within the Governor's 
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administration.
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    "Participate" means to participate personally and in a 
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manner that is beyond purely ministerial in nature.
 
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    Section 10. Repository of board and commission membership.   
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The Office shall establish and maintain on the Internet a 
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centralized, searchable database, freely accessible to the 
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public, of information relating to appointed positions on the 
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State's boards and commissions.
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    The database shall include, at a minimum:
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        (1) The qualifications for, and the powers, duties, and 
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    responsibilities of, each appointed position on each of the 
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    State's boards and commissions.
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        (2) The name and term of each current appointed member 
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    of a board or commission.
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        (3) Each current vacancy in appointed membership of 
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    each of the State's boards and commissions.
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        (4) Information as to how a person may apply for 
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    appointment to a board or commission, including a uniform 
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    application that may be downloaded and printed or that may 
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    be submitted electronically.
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        (5) A link to that section of the Secretary of State's 
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    website that allows the public to search Statements of 
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    Economic Interest filed with the Secretary of State.

 
 


 






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

             
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    (a) For the purpose of this Section, "appointment or 
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reappointment" means appointment or reappointment by the 
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Governor to:
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        (1) A board or commission composed of members whose 
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    appointment or reappointment requires the advice and 
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    consent of the Senate, and whose members: (i) are entitled 
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    to compensation for their service beyond reimbursement of 
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    expenses; (ii) have statutory authority to regulate or 
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    oversee the business or activities of individuals, private 
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    entities, or public bodies; (iii) have statutory authority 
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    to issue or approve professional licenses; (iv) have 
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    statutory authority  to conduct, or review the decision 
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    resulting from, any arbitration, adjudication, 
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    administrative, or quasi-judicial proceeding; or (v) have 
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    statutory authority to award grants.
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        (2) The governing board of a retirement system 
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    established by Article 14, 15, or 16 of the Illinois 
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    Pension Code.
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        (3) The Illinois State Board of Investment.
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        (4) The Illinois Board of Higher Education.
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        (5) The governing board of a State university.
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    (b) a person is ineligible for appointment or reappointment 
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after the effective date of this Act if:
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        (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 
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    one year after termination of the person's appointment or 
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    reappointment, will not accept employment with, or perform 
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    any compensated services for, an individual or entity (or 
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    any of its affiliates) with respect to which the person, 
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    during  a period of one year before termination of his or 
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    her appointment or reappointment, participated in the 
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    board's or commission's (i) award of a contract of more 
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    than $25,000 or (ii) regulatory, adjudicatory, 
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    quasi-adjudicatory, investigatory, or licensing decision.  
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    After a person's appointment or reappointment, the written 
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    agreement shall not be binding if waived by the Executive 
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    Ethics Commission upon a showing that the prospective 
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    employment or relationship did not affect the board's or 
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    commission's award or decision.
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        (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 
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    represent an individual or entity (or any of its 
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    affiliates) before the board or commission to which the 
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    person seeks appointment or reappointment during his or her 
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    service on that board or commission and for one year after 
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    termination of that service.
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        (3) The person fails to file a disclosure of conflicts 
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    of interests and a statement of economic interests as 
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    required by Section 3A-30 and Article 4A, respectively, of 
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    the Illinois Governmental Ethics Act.
 


 






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    (c) Nothing in this Section shall impair the ability of a 
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person serving on a board or commission on the effective date 
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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 
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commission that maintains a website and has a full-time 
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information technology staff shall make freely available to the 
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public on that website the following:
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        (1) Any audio or video recordings of each of its 
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    regular or special open meetings, for a period of at least 
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    2 years after the date of the meeting.
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        (2) Minutes of each of its regular or special meetings, 
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    for a period of at least 2 years after the date of the 
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    meeting.
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        (3) A regularly updated schedule of its future meeting 
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    dates and agenda.
 
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    Section 40. Savings provision.   Nothing in this Act shall be 
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construed to contravene any State or federal law.
 
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    Section 90. The Illinois Governmental Ethics Act is amended  
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by changing Section 4A-101 as follows:
 
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    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
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    Sec. 4A-101. Persons required to file.   The following 
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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 
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    nomination or
election to the General Assembly.


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


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        (c) Members of a Commission or Board created by the 
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    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 
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    confirmation by
the Senate and persons appointed by the 
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    Governor to any other position on a board or commission 
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    described in subsection (a) of Section 15 of the 
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    Gubernatorial Boards and Commissions Act.


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        (e) Holders of, and candidates for nomination or 
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    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 
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    Supreme Court.


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        (f) Persons who are employed by any branch, agency, 
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    authority or board
of the government of this State, 
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    including but not limited to, the Illinois
State Toll 
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    Highway Authority, the Illinois Housing Development 
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    Authority,
the Illinois Community College Board, and 
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    institutions under the
jurisdiction of the Board of 
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    Trustees
of the University of Illinois, Board of Trustees 
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    of Southern Illinois
University, Board of Trustees of 
 


 






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    Chicago State University,
Board of Trustees of Eastern 
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    Illinois University, Board of Trustees of
Governor's State 
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    University, Board of Trustees of Illinois State 
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    University,
Board of Trustees of Northeastern Illinois 
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    University, Board of Trustees of
Northern Illinois 
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    University, Board of Trustees of Western Illinois

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


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            (1) are, or function as, the head of a department, 
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        commission, board,
division, bureau, authority or 
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        other administrative unit within the
government of 
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        this State, or who exercise similar authority within 
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        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, 
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        negotiation, issuance or execution of contracts 
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        entered into
by the State in the amount of $5,000 or 
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        more;


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


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


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            (5) have responsibility with respect to the 
 


 






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        financial inspection
of regulated nongovernmental 
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        entities;


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

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        or administrative proceeding within the authority of 
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        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 
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        rights or sponsorship rights regarding any property or 
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        asset of the State, whether real, personal, tangible, 
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        or intangible.

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        (g) Persons who are elected to office in a unit of 
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    local government,
and candidates for nomination or 
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    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 
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    of local
government, or of a special district, and persons 
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    appointed to a zoning
board, or zoning board of appeals, or 
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    to a regional, county, or municipal
plan commission, or to 
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    a board of review of any county, and persons
appointed to 
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    the Board of the Metropolitan Pier and Exposition Authority

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    and any Trustee appointed under Section 22 of the 
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    Metropolitan Pier and
Exposition Authority Act, and 
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    persons appointed to a board or commission of
a unit of 
 


 






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    local government who have authority to authorize the 
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    expenditure of
public funds.  This subsection does not apply 
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    to members of boards or
commissions who function in an 
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    advisory capacity.


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        (i) Persons who are employed by a unit of local 
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    government and are
compensated for services as employees 
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    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 
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        unit within the unit of local
government, or who 
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        exercise similar authority within the unit of local

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        government;


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            (2) have direct supervisory authority over, or 
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        direct responsibility for
the formulation, 
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        negotiation, issuance or execution of contracts 
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        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 
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        by the unit of local government; this item does not 
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        include
employees who function in a ministerial 
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        capacity;


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            (4) adjudicate, arbitrate, or decide any judicial 
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        or administrative
proceeding, or review the 
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        adjudication, arbitration or decision of any judicial

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        or administrative proceeding within the authority of 
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        the unit of local
government;


 


 






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


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


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        (j) Persons on the Board of Trustees of the Illinois 
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    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 
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    chief school business official
endorsement.


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        (l) Special government agents. A "special government 
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    agent" is a
person who is directed, retained, designated, 
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    appointed, or
employed, with or without compensation, by or 
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    on behalf of a
statewide executive branch constitutional 
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    officer to make an ex
parte communication under Section 
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    5-50 of the State Officials and
Employees Ethics Act or 
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    Section 5-165 of the Illinois
Administrative Procedure 
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    Act.



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        (m) Members of the board of commissioners of any flood 
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    prevention district. 
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        (n) Members of the board of any retirement system or 
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    investment board established under the Illinois Pension 
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    Code, if not required to file under any other provision of 
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    this Section.
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        (o) Members of the board of any pension fund 
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    established under the Illinois Pension Code, if not 
 


 






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    required to file under any other provision of this Section. 
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    This Section shall not be construed to prevent any unit of 
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local government
from enacting financial disclosure 
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requirements that mandate
 more information
than required by 
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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 
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severable under Section 1.31 of the Statute on Statutes.
 

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