Public Act 096-0543
 
SB1602 Enrolled LRB096 10304 JAM 20474 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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.
        (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.
 
    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 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. 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 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 Section 4A-101 as follows:
 
    (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 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.
        (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.
(Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09.)
 
    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.

Effective Date: 08/17/2009