SB3069 95TH GENERAL ASSEMBLY

LRB095 22551 JAM 52937 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB3069

Introduced 11/12/2008, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

5 ILCS 420/3A-40 new
5 ILCS 420/4A-101	from Ch. 127, par. 604A-101
5 ILCS 420/4A-105	from Ch. 127, par. 604A-105

Amends the Illinois Governmental Ethics Act. With respect to applicants for gubernatorial appointment to boards, commissions, authorities, and task forces, requires that (i) an applicant must provide specified documents to the Governor's Office of Boards and Commissions, (ii) the Office must hold a public hearing before appointing or nominating an applicant, (iii) the Office must provide to the Senate specified information on any applicant nominated for Senate confirmation, and (iv) the Office must post specified information on its website about appointment requirements, applicants, and appointees. Requires all applicants and appointees, whether or not the position requires Senate confirmation, to file statements of economic interests (now, nominees for and appointees to positions requiring Senate confirmation must file statements). Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Governmental Ethics Act is amended by changing Sections 4A-101 and 4A-105 and by adding Section 3A-40 as follows:

(5 ILCS 420/3A-40 new)

Sec. 3A-40. Applicants for gubernatorial appointment.

(a) As used in this Section:

(1) "Board" means a board, commission, authority, or task force authorized or created by executive order of the Governor, statute, or the Illinois Constitution, whether or not Senate confirmation of the appointment of the board's members is required.

(2) "Committee" means the Senate Executive Appointments Committee, or a successor committee of the Senate.

(3) "Office" means the Governor's Office of Boards and Commissions, or a successor entity within the Governor's administration.

(b) A person may not be appointed by the Governor to a board, and the Senate may not confirm such an appointment, unless the requirements of this Section have been met.

(c) Each applicant for appointment by the Governor to a board must submit to the Office the following, in a manner, format, and time period prescribed by the Office:

(1) The applicant's resume.

(2) A list of all boards on which the applicant has served or is serving.

(3) A copy of the applicant's statement of economic interests filed in his or her status as an applicant, and a copy of the receipt received upon filing of the statement in accordance with Article 4A of this Act.

(4) Three letters of recommendation on behalf of the applicant.

(5) A release for background investigation of the applicant.

(d) The Office shall conduct a public hearing on each applicant for appointment by the Governor to a board. The applicant must be physically present at the hearing. If the appointment sought by the applicant requires Senate confirmation, the public hearing must be conducted at least 15, but not more than 30, days before the applicant's name is submitted to the Senate for confirmation.

(e) Before the Governor submits the name of an applicant for appointment to a board to the Senate for confirmation, the Office shall provide each member of the Committee with the following:

(1) A written list of the qualifications required for membership on the board to which the applicant is nominated by the Governor, including any statutory citations for the qualifications.

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

(3) The Governor's written certification that nothing discovered in the applicant's background investigation would hinder the applicant's performance of the functions, responsibilities, and authority of a member of the board to which the applicant is nominated.

(f) At least 24 hours before the Senate votes on the confirmation of an applicant nominated to a board by the Governor, the Office shall provide each Senator with a copy of each item listed in subsection (e).

(g) The Office shall post the following on its official website:

(1) For each board position the Governor has authority to appoint, all qualifications required for the position and whether the position requires Senate confirmation.

(2) The name of each applicant for appointment to a board by the Governor and (i) whether the applicant has submitted all documents required under subsection (c), (ii) whether the applicant has undergone a background investigation, (iii) whether a public hearing has been conducted with respect to the applicant as required by subsection (d), and (iv) if the position requires Senate confirmation, whether the applicant's nomination has been confirmed by the Senate. These postings shall remain until one year after the person no longer serves on that board, in the case of an applicant appointed to the board, or until another applicant is appointed to the board position sought by that applicant.

(3) A copy of the resume of each person appointed to a board by the Governor after the effective date of this amendatory Act of the 95th General Assembly. This posting shall remain until one year after the person no longer serves on that board.

(4) A copy of the letter of appointment filed with the Secretary of State with respect to each person appointed to a board by the Governor after the effective date of this amendatory Act of the 95th General Assembly. This posting shall remain until one year after the person no longer serves on that board.

(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, commission, authority, or task force authorized or created by executive order of the Governor, statute, or the Illinois Constitution.

(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, commission, authority, or task force authorized or created by executive order of the Governor, statute, or the Illinois Constitution, 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 99. Effective date. This Act takes effect upon becoming law.