093_SB0714sam002 LRB093 02920 MKM 14081 a 1 AMENDMENT TO SENATE BILL 714 2 AMENDMENT NO. . Amend Senate Bill 714 by replacing 3 the title with the following: 4 "AN ACT to create the Taxpayer Action Board."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 1. Short title. This Act may be cited as the 8 Taxpayer Action Board Act. 9 Section 5. Purpose. The purpose of this Act is to 10 promote the health, welfare, and prosperity of all citizens 11 of this State who reside in the counties to which this Act 12 applies (i) by ensuring effective and democratic 13 representation of taxpayers before all units of local 14 governmental that impose taxes in those counties and (ii) by 15 providing for taxpayer education on taxing and spending by 16 those units of local government. This purpose shall be 17 deemed a statewide interest and not a private or special 18 concern. 19 Section 10. Definitions. As used in this Act: 20 "Campaign contribution" means any money, good, service, -2- LRB093 02920 MKM 14081 a 1 credit, or other benefit provided or promised for the purpose 2 of electing a candidate to the board of directors of a TAB. 3 "Campaign contribution" does not include: (i) the value of 4 services provided without compensation by individuals who 5 volunteer a portion or all of their time on behalf of a 6 candidate or political committee; (ii) the use of real or 7 personal property voluntarily provided by an individual for 8 candidate-related activities; or (iii) the cost of 9 invitations, food, and beverages provided by an individual 10 for candidate-related activities on the individual's 11 residential premises, if the cumulative value of these items 12 provided to any candidate by an individual does not exceed 13 $100 for any election. 14 "Campaign expenditure" means any payment, use, 15 distribution, or gift of money or anything of value made or 16 promised for the purpose of electing a candidate to the board 17 of directors of a TAB. "Campaign expenditure" does not 18 include: (i) the value of services provided without 19 compensation by individuals who volunteer a portion or all of 20 their time on behalf of a candidate or political committee; 21 (ii) the use of real or personal property voluntarily 22 provided by an individual for candidate-related activities; 23 or (iii) the cost of invitations, food, and beverages 24 provided by an individual for candidate-related activities on 25 the individual's residential premises, if the cumulative 26 value of these items provided to any candidate by an 27 individual does not exceed $100 for any election. 28 "Director" means any person duly elected or appointed to 29 a TAB board of directors under Section 80 or 85 of this Act. 30 "Member" means any person who meets the requirements for 31 membership in the TAB set forth in Section 35 of this Act. 32 "Redistricting" means the redistricting of county board 33 districts. 34 "TAB" means Taxpayer Action Board. -3- LRB093 02920 MKM 14081 a 1 "Taxpayer" means any citizen of the county who pays taxes 2 either directly or indirectly to any unit of local government 3 within that county. 4 "The county", unless otherwise defined, means any county 5 in which a TAB is established. 6 Section 15. Counties that may establish a TAB. Any 7 county with a population of greater than 200,000 inhabitants 8 that is contiguous to a county with a population of 2,000,000 9 or more inhabitants may establish a Taxpayer Action Board by 10 initiative petition and referendum. 11 Section 20. Petition requirements; form. 12 (a) Any petition to establish a TAB shall be filed with 13 the county clerk. The petition shall be signed by the number 14 of voter in the county equal to at least 5% of the number of 15 votes cast in that county at the last election for governor. 16 The petition must be filed not less than 78 days prior to a 17 regular election to be eligible for submission on the ballot 18 of that election. 19 (b) The petition shall request the submission of the 20 proposition at the next regular election for the purpose of 21 voting for or against establishing a Taxpayer Action Board. 22 The question of establishing a Taxpayer Action Board 23 shall be in substantially the following form: 24 Shall a Taxpayer Action Board be established in 25 ..... County to represent the interests of taxpayers 26 before all units of local government in ..... County? 27 Votes shall be recorded as "Yes" or "No". 28 Section 25. Passage of question. If a majority of all 29 ballots cast on the proposition in a county are in favor of 30 the proposition then a TAB shall be established in that 31 county as provided in this Act. -4- LRB093 02920 MKM 14081 a 1 Section 30. Applicability of Election Code. The 2 referendum authorized by this Act shall be conducted in the 3 manner provided by the Election Code. 4 Section 35. TAB membership; fees; dissolution. 5 (a) In each county that passes the question in Section 6 20, there is created a public body corporate and politic to 7 be known as the Taxpayer Action Board of ..... County, or 8 ..... County TAB. 9 (b) The membership of each TAB shall consist of all 10 natural persons who are residents of the county and have 11 contributed to the TAB the required annual membership fee in 12 the preceding 12 months. 13 (c) Until 180 days after each TAB's first election of 14 directors, the TAB's annual membership fee shall be $5. 15 Thereafter, the TAB may, by vote of its board of directors, 16 alter the annual membership fee and may create a sliding fee 17 structure related to a member's income. 18 (d) A TAB shall not be an agency of the State or county 19 government. 20 (e) If, after the TAB has been incorporated for a period 21 of 3 years, the TAB's membership remains below 500 members 22 for an entire year, the board of directors of the TAB shall 23 dissolve the TAB. 24 Section 40. TAB duties and functions; rights and powers. 25 (a) Each TAB shall: 26 (1) inform, educate, and advise taxpayers and 27 others on taxes and spending by all units of local 28 government in its county; 29 (2) represent and promote the interests of 30 taxpayers in local tax matters as individual taxpayers 31 and collectively in terms of local community needs and 32 broad public interest; -5- LRB093 02920 MKM 14081 a 1 (3) take affirmative measures to encourage 2 membership by low and moderate income and minority 3 taxpayers, disseminate information and advice to these 4 taxpayers, and represent their interests in local tax 5 matters; 6 (4) inform, insofar as possible, taxpayers about 7 the TAB, including the procedures for obtaining 8 membership in the TAB; and 9 (5) refrain from interfering with collective 10 bargaining rights of any employee of a local government. 11 (b) Each TAB shall have, in addition to the rights and 12 powers provided by other provisions of this Act, the 13 following rights and powers: 14 (1) To represent the interests of of taxpayers in 15 local tax matters before units of State and local 16 government, legislative bodies, and other public forums, 17 at levy hearings and other proceedings of concern to 18 taxpayers. 19 (2) To initiate, intervene as a party, or otherwise 20 participate on behalf of taxpayers in any proceeding that 21 the TAB reasonably determines may affect the interests of 22 taxpayers. 23 (3) To represent the interest of taxpayers in the 24 resolution of complaints involving a unit of local 25 government. 26 (4) To negotiate on behalf of taxpayers with units 27 of local government. 28 (5) To represent the interests of corporations, 29 unincorporated businesses, and associations in tax 30 matters before units of local government, legislative 31 bodies, and other public forums where such representation 32 is in the interests of taxpayers. 33 (6) To conduct, support, and assist research, 34 surveys, and investigations in tax matters. -6- LRB093 02920 MKM 14081 a 1 (7) To contract for services that cannot reasonably 2 be performed by its employees. 3 (8) To make, amend, and repeal bylaws and rules for 4 the regulation of its affairs and the conduct of its 5 business; to adopt an official seal and alter it at 6 pleasure; to maintain an office; to sue and be sued in 7 its own name, plead and be impleaded; and to make and 8 execute contracts and other instruments necessary or 9 convenient to the exercise of the powers of the TAB. 10 (9) To employ any agents, employees, and special 11 advisors as it finds necessary and to fix their 12 compensation. 13 (10) To solicit and accept gifts, loans, or other 14 aid in order to support activities concerning the 15 interests of taxpayers; except that the TAB may not 16 accept gifts, loans, or other aid from any unit of local 17 government or from any official, employee, or agent or 18 member of the immediate family of an official, employee, 19 or agent of any unit of local government. Under this 20 paragraph, "aid" does not mean payment of membership 21 dues. 22 (11) To implement solicitation for TAB funding and 23 membership. 24 (12) To seek tax exempt status under State and 25 federal law, including 501(c)(3) status under the United 26 States Internal Revenue Code. 27 (13) To provide information and advice to taxpayers 28 on any matter with respect to taxes. 29 The powers, duties, rights, and privileges conferred or 30 imposed upon the TAB by this Act may not be transferred. 31 (c) The TAB shall make available to the public any of 32 the following documents prepared by or filed with the TAB 33 within the preceding 7 years: 34 (1) Minutes of the board of directors meetings. -7- LRB093 02920 MKM 14081 a 1 (2) Director's or executive director's financial 2 statements. 3 (3) Candidate's financial statements. 4 (4) Annual reports of the TAB. 5 Section 45. Board of directors. Each TAB shall be 6 managed by, and its powers, functions and duties shall be 7 exercised through, a board of directors to be composed as 8 follows: 9 (a) Election and terms of directors. The TAB districts 10 shall be divided into 2 groups for the purpose of 11 establishing terms for which the directors shall be elected 12 in each group. One group shall be comprised of the even 13 numbered county board districts. The odd numbered county 14 board Districts shall comprise the other group. A TAB board 15 of directors shall consist of at least 10 directors. In a 16 county with less than 10 districts, the total number of 17 directors shall be twice the number of election districts of 18 that county. 19 (1) The interim board, within 60 days after their 20 appointment, shall meet and publicly determine by lot 21 which group shall be the first group and which group 22 shall be the second. The board members or their 23 successors from the first group shall be elected for 24 successive terms of 2 years, 2 years, and 4 years; and 25 members or their successors from the second group shall 26 be elected for successive terms of 4 years, 2 years, and 27 2 years. 28 (2) The first election of directors of the board is 29 to be held no later than 8 months after the first meeting 30 of the interim board. Subsequent elections of directors 31 of the board shall be held every 2 years after the first 32 election. The board, however, may change the election 33 date for the second election to up to one month before or -8- LRB093 02920 MKM 14081 a 1 after the second anniversary of the first election. All 2 subsequent elections shall occur every 2 years on the 3 anniversary of the second election. This cycle shall 4 begin anew in the year following each decennial 5 redistricting. If the election day falls on a weekend or 6 holiday, the election shall occur on the next business 7 day. In the year following a decennial redistricting all 8 directors terms shall end and elections for directors 9 from the redrawn county board districts shall be held. 10 (3) Interim and elected board members shall serve 11 until their successors are elected and have qualified. 12 (4) Within 45 days after the redistricted county 13 board districts are enacted, the board shall publicly 14 allocate terms by lot between the 2 groups of districts 15 as provided in paragraph (1) of this subsection. Board 16 members or their successors from the first group shall be 17 elected for successive terms of 2 years, 4 years, and 4 18 years; and members or their successors from the second 19 group shall be elected for successive terms of 4 years, 4 20 years, and 2 years. In the year following a decennial 21 redistricting all directors' terms shall end and 22 elections for directors from the redrawn county board 23 districts and for statewide directors shall be held. 24 (b) Qualifications. A director shall be a resident of 25 the district he or she represents and a member of the TAB. 26 No person who is an employee in any managerial or supervisory 27 capacity, director, officer, or agent or who is a member of 28 the immediate family of any employee, director, officer, or 29 agent of any unit of local government is eligible to be a 30 director. No director may hold any elective position in 31 federal, State, or local government. 32 (c) Employment of director's family member. No director 33 nor member of his or her immediate family shall, either 34 directly or indirectly, be employed for compensation as a -9- LRB093 02920 MKM 14081 a 1 staff member or consultant of the TAB. 2 (d) Meetings. The board shall hold regular meetings at 3 least once every 3 months on the dates and at the places as 4 it may determine. Special meetings may be called by the 5 president or by a majority of the directors upon at least 7 6 days advance written notice. Unless otherwise provided in the 7 bylaws, a majority of the board of directors shall constitute 8 a quorum. In no event, however, shall a quorum consist of 9 less than one-third of the board of directors. The act of 10 the majority of the directors present at a meeting at which 11 a quorum is present shall be the act of the board of 12 directors unless the act of a greater number is required by 13 this Act or its bylaws. A summary of the minutes of every 14 board meeting shall be made available to each public library 15 in the State upon request and to individuals upon request. 16 (e) Expenses. A director may not receive any 17 compensation for his or her services, but shall be reimbursed 18 for necessary expenses, including travel expenses incurred in 19 the discharge of duties. The board shall establish standard 20 allowances for mileage, room, and meals and the purposes for 21 which allowances may be made. The board shall determine the 22 reasonableness and necessity for reimbursements. The board 23 shall include the schedule of standard allowances in the 24 annual report under paragraph (4) of subsection (c) of 25 Section 40. 26 (f) Bonding. Directors and employees eligible to 27 disburse funds shall be bonded. The costs of the bonds shall 28 be paid by the TAB. 29 Section 50. Duties of the board; executive director. The 30 board shall have the following duties: 31 (a) To establish the policy of the TAB regarding 32 appearances before units of local government, legislative 33 bodies, and other public authorities and regarding other -10- LRB093 02920 MKM 14081 a 1 activities that the TAB has the authority to perform under 2 this Act. 3 (b) To employ an executive director who shall have the 4 following powers and duties, subject at all times to the 5 direction and supervision of the board: 6 (1) To implement the policy established by the 7 board under subsection (a). 8 (2) To employ and discharge employees of the TAB. 9 (3) To supervise the offices, facilities, and work 10 of the employees of the TAB. 11 (4) To have custody of and maintain the books, 12 records, and membership rolls of the TAB. 13 (5) To prepare and submit to the board annual and 14 quarterly statements of the financial and substantive 15 operations of the TAB and financial estimates for the 16 future operations of the TAB. 17 (6) To attend and participate in meetings of the 18 board, but without a vote. 19 (7) To file annually with the board a current 20 financial statement that includes the information 21 required under subsection (c) of Section 85. 22 (8) To exercise any other powers and perform any 23 other duties as the board delegates. 24 (c) To hold an annual meeting of the membership on a 25 date and at a place within the county to be determined by the 26 board under Section 65. 27 (d) To assure preparation of: 28 (1) Up-to-date membership rolls. 29 (2) Quarterly statements of the financial and 30 substantive operations of the TAB. 31 (3) An audit of the TAB's books at least once each 32 fiscal year. The audit shall be by a certified public 33 accountant. 34 (4) A report at the close of the TAB's fiscal year. -11- LRB093 02920 MKM 14081 a 1 This report shall be made available to each of the TAB's 2 members, as well as to members of the news media who 3 request it. Also, the report shall be made available to 4 each library in the county that requests it, and to 5 individuals upon request. 6 (e) To establish and make available to the public a 7 written policy on the availability and distribution of all 8 records required to be kept by the TAB under this Act. 9 (f) To prepare membership applications and distribute 10 the applications in sufficient amounts or in machine copyable 11 form, upon request, to every library system in the county, as 12 defined in Section 2 of the Illinois Library System Act, for 13 distribution of the applications to all of the public 14 libraries throughout the county, so taxpayers may obtain the 15 applications to submit to the TAB, with annual dues, for 16 membership. 17 (g) To provide all candidates for election to the board 18 as district directors a current list of members residing in 19 the candidate's district upon certification of nomination 20 under subsection (b) of Section 85 and within 5 days of a 21 request by the candidate. The board may restrict a 22 candidate's use of a list as it deems appropriate. 23 (h) To carry out all other duties and responsibilities 24 imposed upon the TAB and the board under this Act. 25 Section 55. Director financial statement. Every director 26 shall annually file with the board a current financial 27 statement which includes the information required under 28 subsection (c) of Section 85. 29 Section 60. Executive director; qualifications. 30 (a) The executive director hired by the board under 31 Section 50 shall have the same qualifications as a director 32 under Section 85, except that the executive director need not -12- LRB093 02920 MKM 14081 a 1 be a resident of the TAB's county nor a member of the TAB. 2 The executive director may not be a candidate for director 3 while serving as executive director. 4 (b) The board shall adhere to any applicable State or 5 federal law prohibiting discrimination in employment in 6 hiring the executive director under Section 50. 7 (c) The board shall require all applicants for the 8 position of executive director of a TAB to file a financial 9 statement that includes the information required under 10 subsection (c) of Section 85. The board shall require the 11 executive director to annually file a current statement. 12 Section 65. Annual membership meeting. All members 13 shall be eligible to attend, participate in, and vote in the 14 annual membership meeting called by the board under 15 subsection (c) of Section 50. The meeting shall be open to 16 the public and shall be held in different districts on a 17 rotating basis to the extent feasible. Each year a meeting 18 shall be held in each board district for the members of the 19 district. The members shall receive notice of that meeting 20 at least 14 days in advance. 21 Section 70. Mailing procedure. 22 (a) As used in this Section: 23 "Enclosure" means a card, leaflet, envelope, or 24 combination thereof furnished by the TAB under this Section. 25 "County mailing" means any mailing by the county to 1000 26 or more citizens. 27 (b) To accomplish its powers and duties under Section 40 28 of this Act, the TAB, subject to the following limitations, 29 may prepare and furnish, to the county official responsible 30 for the county mailing in which the TAB seeks to have its 31 enclosure included, an enclosure to be included with that 32 county mailing. -13- LRB093 02920 MKM 14081 a 1 (1) The county official furnished with an enclosure 2 shall include the enclosure within the county mailing 3 designated by the TAB. 4 (2) An enclosure furnished by the TAB under this 5 Section shall be provided to the county official a 6 reasonable period of time in advance of the mailing. 7 (3) An enclosure furnished by a TAB under this 8 Section shall be limited to informing the reader of the 9 purpose, nature, and activities of the TAB as set forth 10 in this Act and stating that the reader may become a 11 member in the TAB, maintain membership in the TAB, and 12 contribute money directly to the TAB. 13 (c) The TAB shall reimburse the county for all 14 reasonable incremental costs incurred by the county in 15 complying with this Section above the county's normal mailing 16 and handling costs, provided that: 17 (1) the county official responsible for the mailing 18 in which the TAB enclosure was included shall first 19 furnish the TAB with an itemized accounting of the 20 additional cost; and 21 (2) the TAB shall not be required to reimburse the 22 county for postage costs if the weight of the TAB's 23 enclosure does not exceed 0.35 ounce avoirdupois. If the 24 TAB's enclosure exceeds that weight, then it shall only 25 be required to reimburse the county for postage cost over 26 and above what the county's postage cost would have been 27 had the enclosure weighed only 0.35 avoirdupois. 28 (d) The TAB shall seek authority from municipalities and 29 other local governments within its county to include 30 enclosures within mailings by the municipalities and local 31 governments of tax bills, utility bills, vehicle sticker 32 renewal notices, newsletters, and other mailings to 100 or 33 more citizens. This authority shall be sought under terms 34 similar to those in subsections (a), (b), and (c) of this -14- LRB093 02920 MKM 14081 a 1 Section, but the TAB may accept this authority under any 2 terms it deems are in the best interest of the TAB. 3 Section 75. Prohibited acts. 4 (a) No person may penalize any person who contributes to 5 the TAB or participates in any of its activities in 6 retribution for any such contributions or participation. 7 (b) No person may act with intent to prevent, interfere 8 with, or hinder the activities permitted under this Act. 9 (c) A person who violates this Section shall be fined 10 not more than $1,000. Each violation shall constitute a 11 separate offense. A person who knowingly and wilfully 12 violates this Section may be imprisoned not more than 6 13 months. 14 Section 80. Interim board of directors. 15 (a) Within 90 days after this Act becomes effective in a 16 county an interim board of directors shall be appointed. The 17 Board shall consist of 9 members. The president of the county 18 board shall appoint the members. The appointees shall 19 reflect minority groups, low-income persons, labor 20 organizations, business, women, senior citizens, and various 21 geographical areas in the county. No interim director 22 appointed under this Section may hold an elective position 23 in, or be employed by, federal, State, or local government. 24 (b) The interim board appointed under this Section 25 shall: 26 (1) As soon as possible after appointment, organize 27 for the transaction of business. 28 (2) Inform taxpayers of the existence, nature, and 29 purposes of the TAB, and encourage them to join the TAB, 30 to participate in the TAB's activities, and to contribute 31 to the TAB. 32 (3) Elect officers as provided under Section 95. -15- LRB093 02920 MKM 14081 a 1 (4) Employ such staff as the interim directors deem 2 necessary to carry out the purposes of this Section. The 3 interim board appointed under this Section shall follow 4 the procedures required under Section 60 if it hires an 5 executive director. 6 (5) Make all necessary preparations for the first 7 election of directors, oversee the election campaign, and 8 tally the votes under Section 85. 9 (6) Solicit funds for the TAB. 10 (7) Carry out all other duties and exercise all 11 other powers accorded to the board under this Act 12 including the powers given to the TAB under Section 40. 13 Section 85. Nominations and elections. 14 (a) Eligibility. To be eligible for election to the 15 board, a candidate must: 16 (1) Meet the qualifications for directors under 17 Section 45. 18 (2) Have his or her nomination certified by the 19 board under subsection (b) of this Section. 20 (3) Submit a statement of financial interests to 21 the board as required by subsection (c) and a statement 22 of personal background and positions as required by 23 subsection (d). 24 (4) Make the affirmation under paragraph (5) of 25 subsection (c). 26 (b) Nomination. A candidate for election to the board 27 shall circulate or have a member of the TAB circulate a 28 petition for nomination on the candidate's behalf not sooner 29 than 120 days preceding the election and shall file the 30 petition with the TAB not later than 60 days before the 31 election. The petition for nomination for a director shall 32 be signed by at least 10 members residing in his or her 33 district. The board shall verify the validity of the -16- LRB093 02920 MKM 14081 a 1 signatures by comparing them to the signatures on the 2 membership applications and the current list of members 3 maintained by the board. Within 14 days after the petition 4 is due, the board shall determine whether a sufficient number 5 of signatures are valid. If the board determines a 6 sufficient number are valid, it shall certify the nomination 7 of the candidate. 8 (c) Statement of financial interests. With his or her 9 petition for nomination, a candidate for election to the 10 board shall submit to the board a statement of financial 11 interests upon a form provided by the board. The statement 12 of financial interests shall include the following 13 information: 14 (1) The occupation, employer, and position at place 15 of employment of the candidate and his or her immediate 16 family members. 17 (2) A list of all corporate directorships or other 18 offices, and of all fiduciary relationships, held in the 19 past 3 years by the candidate and by his or her immediate 20 family members. 21 (3) The name of any creditor to whom the candidate 22 or a member of the candidate's immediate family owes 23 $10,000 or more. 24 (4) The name of any corporation in which the 25 candidate holds a security with a current market value of 26 $5,000 or more. 27 (5) An affirmation, subject to penalty of perjury, 28 that the information contained in the statement of 29 financial interest is true and complete. 30 (d) Statement of personal background and positions. A 31 candidate for election to the board shall submit to the board 32 with his or her petition for nomination, on a form to be 33 provided by the board, a statement concerning his or her 34 personal background and positions on issues relating to taxes -17- LRB093 02920 MKM 14081 a 1 or the operations of the TAB. The statement shall contain an 2 affirmation, subject to penalty of perjury, that the 3 candidate meets the qualifications prescribed for directors 4 in subsection (b) of Section 45. 5 (e) Restrictions on, and reporting of, campaign 6 contributions and expenditures. 7 (1) No candidate may accept more than $200 in 8 campaign contributions from any person or political 9 committee for a period beginning one year before the date 10 of an election through the date of the election. 11 (2) Each candidate for election to the board shall 12 keep complete records of all contributions to his or her 13 campaign of $25 or more for a period beginning one year 14 before the date of an election through the date of the 15 election and, at the board's request, shall make these 16 records available for inspection by the board. 17 (3) As a condition for receiving the benefits of 18 the board's mailing under subsection (f), a candidate for 19 election to the board shall agree in writing to incur no 20 more than $1,500 in campaign expenditures from the time 21 her or she commences circulation of petitions for 22 nomination or from 4 months prior to the election, 23 whichever is earlier, through date of election. 24 (4) Each candidate for election to the board shall 25 keep complete records of his or her campaign expenditures 26 and, at the board's request, shall make the records 27 available for inspection by the board. 28 (5) No earlier than 14 days and no later than 8 29 days before the election, each candidate for election to 30 the board shall submit to the board, on a form provided 31 by the board, an accurate statement of his or her 32 campaign contributions, swearing that he or she has fully 33 complied with the requirements of this subsection. 34 (6) No candidate for election to the board may use -18- LRB093 02920 MKM 14081 a 1 any campaign contribution for any purpose except for 2 campaign expenditures. Any campaign contribution not 3 expended shall be donated no later than 90 days after the 4 election to the TAB or to any charitable organization at 5 the option of the candidate. 6 (f) Election procedures. 7 (1) Not sooner than 30 and not later than 10 days 8 before the date fixed for the election, the board shall 9 mail or distribute, to each member's address on file with 10 the TAB, an official ballot listing all candidates for 11 director from the member's district who satisfy the 12 requirements of subsection (a). With the ballot, the 13 board shall include each candidate's statement of 14 financial interests submitted under subsection (c). With 15 each ballot the board shall also include the statement by 16 each candidate of personal background and positions as 17 required under subsection (d), if the candidate has 18 agreed in writing to limit his or her campaign 19 expenditures under subsection (e). 20 (2) Each member may vote in the election by 21 returning his or her official ballot in person or by 22 first class mail, properly marked, to the ballot return 23 location designated by the TAB. Ballots returned to the 24 location designated by the TAB must be postmarked on or 25 before the date fixed for the election or must be 26 received at the ballot return location designated by the 27 TAB on or before the date fixed for the election. 28 (3) Voting shall be by secret ballot. 29 (4) The board shall tally votes with all reasonable 30 speed and shall inform the membership promptly of the 31 names of the candidates elected. 32 (5) Within 30 days after the election, the board 33 for each district shall certify the candidate elected to 34 the board if the candidate has the most votes in the -19- LRB093 02920 MKM 14081 a 1 district and if he or she has complied with this Section. 2 (6) If a vacancy in nomination occurs because no 3 candidate has filed for nomination, the board, by a 4 majority of those voting, shall appoint a member of the 5 TAB who resides in the district to be the candidate. 6 (7) If the candidate with the most votes dies, 7 declines, or resigns from candidacy before being 8 certified under paragraph (5), the office for which the 9 candidate ran shall be vacant and shall be filled by the 10 board as provided in paragraph (8). 11 (8) If a vacancy on the board occurs with more than 12 12 months remaining in the term, the board shall set a 13 date for a special election for the district for the 14 purpose of electing a director to serve out the term of 15 the vacant office and shall so notify every member in the 16 district. The election may be not less than 2 months nor 17 more than 4 months after the notification. An election 18 under this Section shall be conducted in the same manner 19 as other elections of directors. If less than 12 months 20 remains in the term of a director, the board may appoint 21 a member of the TAB who resides in the district where the 22 vacancy exists to be the director from that district. 23 (g) Election rules. The board may prescribe rules for 24 the conduct of elections and election campaigns consistent 25 with this Act. 26 Section 90. Public inspection of statements. Statements 27 filed with each TAB shall be available for public inspection 28 at the office of the TAB during reasonable hours of the day. 29 These records may be copied. The TAB may charge a reasonable 30 fee for the cost of the copies. 31 Section 95. Board officers. 32 (a) Election. The interim board of directors and the -20- LRB093 02920 MKM 14081 a 1 board of directors, at the first regular meeting of each at 2 which a quorum is present, shall elect by a majority vote of 3 the directors present and voting a president, vice president, 4 secretary, and treasurer. The board may elect other officers 5 as it deems necessary. 6 (b) Term of office. 7 (1) Board officers shall begin serving immediately 8 upon their election and their term of office shall be one 9 year. After his or her term of office has expired, a 10 board officer shall continue to serve until his or her 11 successor is elected. 12 (2) If a board office is vacant, the board shall 13 elect a successor to serve out the term of the office. 14 (c) Powers and duties. Board officers shall exercise 15 powers and perform duties as prescribed by this Act or as 16 delegated to them by the board. 17 Section 100. Gifts; solicitations. 18 (a) No person may offer or give anything of monetary 19 value to any director, employee, or agent of a TAB if the 20 offer or gift influences or is intended to influence the 21 action or judgement of the director, employee, or agent of 22 the TAB in his or her capacity as director, employee, or 23 agent of the TAB. 24 (b) No director, employee, or agent of a TAB may solicit 25 or accept anything of monetary value from any person if the 26 solicitation or acceptance influences or is intended to 27 influence the official action or judgement of the director, 28 employee, or agent in his or her capacity as director, 29 employee, or agent of a TAB. 30 (c) Any person who knowingly and wilfully violates this 31 Section shall be fined not more than $1,000, imprisoned not 32 more than 6 months, or both. 33 (d) The board shall remove from office any director -21- LRB093 02920 MKM 14081 a 1 convicted under this Section and shall fill that office as 2 provided in Section 85. 3 Section 105. Endorsement of political party or candidate. 4 A TAB may not sponsor, endorse, or otherwise support, nor may 5 it oppose, any political party or the candidacy of any person 6 for elected public office. 7 Section 110. Expenses; liabilities. All expenses of a TAB 8 incurred in carrying out this Act shall be payable solely 9 from the funding as provided under this Act and no liability 10 may be incurred by a TAB beyond the extent to which moneys 11 have been provided under this Act. For the purposes of 12 meeting the necessary expenses of postage, preparing, and 13 printing the enclosure, initial organization, and operation 14 of a TAB for the period commencing on the date this Act 15 becomes effective in the county and continuing until the 16 first election of the board of directors under Section 85, 17 however, the TAB or any individual on behalf of the TAB may 18 borrow money as it requires. Money so borrowed by the TAB or 19 any individual shall subsequently be repaid with appropriate 20 interest over a reasonable period of time. 21 Section 115. Dissolution. A TAB may dissolve or be 22 dissolved under the General Not For Profit Corporation Act of 23 1986. 24 Section 117. Tax levy; pledge of credit; obligations. A 25 TAB shall have no right or authority to levy any tax or 26 special assessment, to pledge the credit of the State or any 27 other subdivision or municipal corporation of the State, or 28 to incur any obligation enforceable upon any property within 29 or without the county in which the TAB operates. -22- LRB093 02920 MKM 14081 a 1 Section 120. Construction. 2 (a) This Act, being necessary for the welfare of the 3 State and its inhabitants, shall be liberally construed to 4 effect its purposes. 5 (b) Nothing in this Act shall be construed to (i) limit 6 the right of any person to initiate, intervene in, or 7 otherwise participate in any regulatory agency proceeding or 8 court action, (ii) require any petition or notification to a 9 TAB as a condition precedent to the exercise of any right, or 10 (iii) relieve any regulatory agency or court of any 11 obligation, or to affect its discretion, to permit 12 intervention or participation by any person in any proceeding 13 or action. 14 Section 125. Severability. The provisions of this Act 15 are severable under Section 1.31 of the Statute on Statutes. 16 Section 999. Effective date. This Act takes effect upon 17 becoming law.".