Full Text of SB2052 95th General Assembly
SB2052enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Flood | 5 |
| Prevention District Act.
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| Section 5. Creation; purpose. | 7 |
| (a) Madison, Monroe, and St. Clair Counties may each be | 8 |
| designated independently and separately as a flood prevention | 9 |
| district for the purpose of performing emergency levee repair | 10 |
| and flood prevention in order to prevent the loss of life or | 11 |
| property. The county board of any such county may declare an | 12 |
| emergency and create a flood prevention district by the | 13 |
| affirmative vote of the majority of the members of the county | 14 |
| board. | 15 |
| (b) Two or more flood prevention districts may join | 16 |
| together through an intergovernmental agreement, pursuant to | 17 |
| the Intergovernmental Cooperation Act. | 18 |
| (c) Any district created under this Act shall be dissolved | 19 |
| upon the later of (i) 25 years after the date the district is | 20 |
| created or (ii) the payment of all obligations of the district | 21 |
| under Section 20 of this Act and any federal reimbursement | 22 |
| moneys to the county treasurer under Section 30 of this Act. A | 23 |
| district may be dissolved earlier if all federal reimbursement |
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| moneys have been paid to the county treasurer and all | 2 |
| obligations of the district have been paid, including its | 3 |
| obligations related to bonds issued under Section 20 of this | 4 |
| Act and any obligations incurred pursuant to an | 5 |
| intergovernmental agreement. | 6 |
| Section 10. Commissioners. | 7 |
| The affairs of the district shall be managed by a
board of | 8 |
| 3 commissioners who shall be appointed by the chairman of the | 9 |
| county board of the county in which the
district is situated. | 10 |
| All initial appointments under this Section must be made within | 11 |
| 90 days after the district is organized. Of the initial | 12 |
| appointments, one commissioner shall serve for a one-year term, | 13 |
| one commissioner shall serve for a 2-year term, and one | 14 |
| commissioner shall serve for a 3-year term, as determined by | 15 |
| lot. Their successors shall be appointed for 3-year terms. No | 16 |
| commissioner may serve for more than 20 years. All appointments | 17 |
| must be made so that no more than 2 commissioners are from the | 18 |
| same political party at the time of the appointment. With | 19 |
| respect to appointments representing the minority party in the | 20 |
| county, the minority party members of the county board may | 21 |
| submit names for consideration to the chairman of the county | 22 |
| board. Each commissioner must be a
legal voter in the district, | 23 |
| and at least one commissioner shall reside or own property that | 24 |
| is located within a floodplain situated in the territory of the | 25 |
| flood protection district. Commissioners shall serve without |
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| compensation, but may be reimbursed for reasonable expenses | 2 |
| incurred in the performance of their duties. | 3 |
| Section 20. Powers of the district. A district formed under | 4 |
| this Act shall have the following powers: | 5 |
| (1) To sue or be sued. | 6 |
| (2) To apply for and accept gifts, grants, and loans | 7 |
| from any public agency or private entity. | 8 |
| (3) To enter into intergovernmental agreements to | 9 |
| further ensure levee repair, levee construction or | 10 |
| reconstruction, and flood prevention, including agreements | 11 |
| with the United States Army Corps of Engineers or any other | 12 |
| agency or department of the federal government. | 13 |
| (4) To undertake evaluation, planning, design, | 14 |
| construction, and related activities that are determined | 15 |
| to be urgently needed to stabilize, repair, restore, | 16 |
| improve, or replace existing levees and other flood control | 17 |
| systems. | 18 |
| (5) To address underseepage problems and old and | 19 |
| deteriorating pumps, gates, pipes, electrical controls, | 20 |
| and other infrastructure. | 21 |
| (6) To conduct evaluations of levees and other flood | 22 |
| control facilities that protect urban areas, including the | 23 |
| performance of floodplain mapping studies. | 24 |
| (7) To provide capital moneys for levee or | 25 |
| river-related scientific studies, including the |
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| construction of facilities for such purposes. | 2 |
| (8) To borrow money or receive money from the United | 3 |
| States Government or any agency
thereof, or from any other | 4 |
| public or private source, for the purposes of
the District. | 5 |
| (9) To enter into agreements with private property | 6 |
| owners. | 7 |
| (10) To issue revenue bonds, payable from revenue | 8 |
| received from a retailers' occupation tax imposed under | 9 |
| Section 25 of this Act, and from any other revenue sources | 10 |
| available to the flood prevention district. These bonds may | 11 |
| be
issued with maturities not exceeding 25 years from the | 12 |
| date of the
bonds, and in such amounts as may be necessary | 13 |
| to provide sufficient
funds, together with interest, for | 14 |
| the purposes of the District. These
bonds shall bear | 15 |
| interest at a rate of not more than the maximum rate
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| authorized by the Bond Authorization Act, as amended at the | 17 |
| time of the
making of the contract of sale, payable | 18 |
| semi-annually, may be made
registerable as to
principal, | 19 |
| and may be made payable and callable as provided on any | 20 |
| date at a price of
par and accrued interest under such | 21 |
| terms and conditions as may be fixed by the
ordinance | 22 |
| authorizing the issuance of the bonds. Bonds issued under | 23 |
| this
Section are negotiable instruments. In case any | 24 |
| officer whose signature appears on the
bonds or
coupons | 25 |
| ceases to hold that office before the bonds are delivered, | 26 |
| such
officer's
signature shall nevertheless be valid and |
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| sufficient for all purposes the
same as though such officer | 2 |
| had remained in office until the bonds
were delivered. The
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| bonds shall be sold in such manner and upon such terms as | 4 |
| the board of commissioners
shall determine, except that the | 5 |
| selling price shall be such that the interest
cost to the | 6 |
| District of the proceeds of the bonds shall not exceed the | 7 |
| maximum
rate authorized by the Bond Authorization Act, as | 8 |
| amended at the time of the
making of the contract of sale, | 9 |
| payable semi-annually, computed to maturity
according
to | 10 |
| the standard table of bond values. A request to issue | 11 |
| revenue bonds by the Commission must be submitted for | 12 |
| approval to the county board of the county in which the | 13 |
| district is situated. The county board has 30 calendar days | 14 |
| to approve the issuance of such bonds. If the county board | 15 |
| does not approve or disapprove the issuance of the bonds | 16 |
| within 30 calendar days after the receipt of such request, | 17 |
| the request shall be deemed approved. | 18 |
| (11) To acquire property by gift, grant, or eminent | 19 |
| domain, in accordance with the Eminent Domain Act. Any | 20 |
| action by the District to acquire property by eminent | 21 |
| domain requires the express approval of the county board. | 22 |
| (12) To retain professional staff to carry out the | 23 |
| functions of the District. Any flood prevention district | 24 |
| shall employ a Chief Supervisor of Construction and the | 25 |
| Works with appropriate professional qualifications, | 26 |
| including a degree in engineering, construction, |
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| hydrology, or a related field, or an equivalent combination | 2 |
| of education and experience. The Chief Supervisor of | 3 |
| Construction and the Works shall be vested with the | 4 |
| authority to carry out the duties and mission of the Flood | 5 |
| Prevention District, pursuant to the direction and | 6 |
| supervision of the Board of Commissioners. The Chief | 7 |
| Supervisor of Construction and the Works may hire | 8 |
| additional staff as necessary to carry out the duties and | 9 |
| mission of the district, including administrative support | 10 |
| personnel. Two or more districts may, through an | 11 |
| intergovernmental agreement, share the services of a Chief | 12 |
| Supervisor of Construction and the Works, support staff, or | 13 |
| both. If 2 districts are adjoining and share a common | 14 |
| federal levee, they must retain the services of the same | 15 |
| person as Chief Supervisor of Construction and the Works. | 16 |
| (13) To conduct an audit of any drainage, levee, or | 17 |
| sanitary district within the territory of the flood | 18 |
| prevention district. | 19 |
| Section 25. Retailers' occupation tax. | 20 |
| (a) If the Board of a flood prevention district determines | 21 |
| that an emergency situation exists regarding levee repair or | 22 |
| flood prevention, and upon an ordinance or resolution adopted | 23 |
| by the affirmative vote of a majority of the members of the | 24 |
| county board of the county in which the district is situated, | 25 |
| it may impose a
retailers' occupation tax upon all persons |
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| engaged in the business of
selling tangible personal property | 2 |
| at retail within the territory of the district for a period not | 3 |
| to exceed 25 years or as required to repay the bonds issued | 4 |
| pursuant to Section 20 of this Act.
The tax rate shall be 0.25%
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| of the gross receipts from all taxable sales made in the course | 6 |
| of that
business. The tax
imposed under this Section and all | 7 |
| civil penalties that may be
assessed as an incident thereof | 8 |
| shall be collected and enforced by the
State Department of | 9 |
| Revenue. The Department shall have full power to
administer and | 10 |
| enforce this Section; to collect all taxes and penalties
so | 11 |
| collected in the manner hereinafter provided; and to determine | 12 |
| all
rights to credit memoranda arising on account of the | 13 |
| erroneous payment
of tax or penalty hereunder. | 14 |
| In the administration of and compliance with this | 15 |
| subsection, the Department and persons who are subject to this | 16 |
| subsection (i) have the same rights, remedies, privileges, | 17 |
| immunities, powers, and duties, (ii) are subject to the same | 18 |
| conditions, restrictions, limitations, penalties, and | 19 |
| definitions of terms, and (iii) shall employ the same modes of | 20 |
| procedure as are set forth in Sections 1 through 1o, 2 through | 21 |
| 2-70 (in respect to all provisions contained in those Sections | 22 |
| other than the State rate of tax), 2a through 2h, 3 (except as | 23 |
| to the disposition of taxes and penalties collected), 4, 5, 5a, | 24 |
| 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, | 25 |
| 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and | 26 |
| all provisions of the Uniform Penalty and Interest Act as if |
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| those provisions were set forth in this subsection. | 2 |
| Persons subject to any tax imposed under this Section may | 3 |
| reimburse themselves for their seller's tax
liability | 4 |
| hereunder by separately stating the tax as an additional
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| charge, which charge may be stated in combination in a single | 6 |
| amount
with State taxes that sellers are required to collect | 7 |
| under the Use
Tax Act, under any bracket schedules the
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| Department may prescribe. | 9 |
| If a tax is imposed under this subsection (a), a tax shall | 10 |
| also
be imposed under subsection (b) of this Section. | 11 |
| (b) If a tax has been imposed under subsection (a), a | 12 |
| service occupation
tax shall
also be imposed upon all persons | 13 |
| within the territory of the district engaged in
the business of | 14 |
| making sales of service, who, as an incident to making the | 15 |
| sales
of service, transfer tangible personal property within | 16 |
| the territory of the district,
either in the form of tangible | 17 |
| personal property or in the form of real estate
as an incident | 18 |
| to a sale of service. The tax rate shall be 0.25% of the | 19 |
| selling price
of all tangible personal property transferred. | 20 |
| The tax imposed under this subsection and all civil
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| penalties that may be assessed as an incident thereof shall be | 22 |
| collected
and enforced by the State Department of Revenue. The | 23 |
| Department shall
have full power to administer and enforce this | 24 |
| subsection; to collect all
taxes and penalties due hereunder; | 25 |
| to dispose of taxes and penalties
collected in the manner | 26 |
| hereinafter provided; and to determine all
rights to credit |
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| memoranda arising on account of the erroneous payment
of tax or | 2 |
| penalty hereunder. | 3 |
| In the administration of and compliance with this | 4 |
| subsection, the Department and persons who are subject to this | 5 |
| subsection (i) have the same rights, remedies, privileges, | 6 |
| immunities, powers, and duties, (ii) be subject to the same | 7 |
| conditions, restrictions, limitations, penalties, and | 8 |
| definitions of terms, and (iii) employ the same modes of | 9 |
| procedure as are set forth in Sections 2 (except that that | 10 |
| reference to State in the definition of supplier maintaining a | 11 |
| place of business in this State means the district), 2a through | 12 |
| 2d, 3 through 3-50 (in respect to all provisions contained in | 13 |
| those Sections other than the State rate of tax), 4 (except | 14 |
| that the reference to the State shall be to the district), 5, | 15 |
| 7, 8 (except that the jurisdiction to which the tax is a debt | 16 |
| to the extent indicated in that Section 8 is the district), 9 | 17 |
| (except as to the disposition of taxes and penalties | 18 |
| collected), 10, 11, 12 (except the reference therein to Section | 19 |
| 2b of the Retailers' Occupation Tax Act), 13 (except that any | 20 |
| reference to the State means the district), Section 15, 16, 17, | 21 |
| 18, 19, and 20 of the Service Occupation Tax Act and all | 22 |
| provisions of the Uniform Penalty and Interest Act, as fully as | 23 |
| if those provisions were set forth herein. | 24 |
| Persons subject to any tax imposed under the authority | 25 |
| granted
in this subsection may reimburse themselves for their | 26 |
| serviceman's tax
liability hereunder by separately stating the |
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| tax as an additional
charge, that charge may be stated in | 2 |
| combination in a single amount
with State tax that servicemen | 3 |
| are authorized to collect under the
Service Use Tax Act, under | 4 |
| any bracket schedules the
Department may prescribe. | 5 |
| (c) This additional tax may not be imposed on personal | 6 |
| property titled or registered with an agency of the State; food | 7 |
| for human consumption that is to be consumed off the premises | 8 |
| where it is sold (other than alcoholic beverages, soft drinks, | 9 |
| and food that has been prepared for immediate consumption); | 10 |
| prescription and non-prescription medicines, drugs, and | 11 |
| medical appliances; or insulin, urine testing materials, and | 12 |
| syringes and needles used by diabetics. | 13 |
| (d) Nothing in this Section shall be construed to authorize | 14 |
| the
district to impose a tax upon the privilege of engaging in | 15 |
| any business
that under the Constitution of the United States | 16 |
| may not be made the
subject of taxation by the State. | 17 |
| (e) The certificate of registration that is issued by the | 18 |
| Department to a retailer under the Retailers' Occupation Tax | 19 |
| Act or a serviceman under the Service Occupation Tax Act | 20 |
| permits the retailer or serviceman to engage in a business that | 21 |
| is taxable without registering separately with the Department | 22 |
| under an ordinance or resolution under this Section. | 23 |
| (f) The Department shall immediately pay over to the State | 24 |
| Treasurer, ex officio, as trustee, all taxes and penalties | 25 |
| collected under this Section to be deposited into the Flood | 26 |
| Prevention Occupation Tax Fund, which shall be an |
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| unappropriated trust fund held outside the State treasury. | 2 |
| On or before the 25th day of each calendar month, the | 3 |
| Department shall prepare and certify to the Comptroller that | 4 |
| disbursement of stated sums of money to the counties from which | 5 |
| retailers or servicemen have paid taxes or penalties to the | 6 |
| Department during the second preceding calendar month. The | 7 |
| amount to be paid to each county is equal to the amount (not | 8 |
| including credit memoranda) collected from the county under | 9 |
| this Section during the second preceding calendar month by the | 10 |
| Department, (i) less 2% of that amount, which shall be | 11 |
| deposited into the Tax Compliance and Administration Fund and | 12 |
| shall be used by the Department in administering and enforcing | 13 |
| the provisions of this Section on behalf of the county, (ii) | 14 |
| plus an amount that the Department determines is necessary to | 15 |
| offset any amounts that were erroneously paid to a different | 16 |
| taxing body; (iii) less an amount equal to the amount of | 17 |
| refunds made during the second preceding calendar month by the | 18 |
| Department on behalf of the county; and (iv) less any amount | 19 |
| that the Department determines is necessary to offset any | 20 |
| amounts that were payable to a different taxing body but were | 21 |
| erroneously paid to the county. When certifying the amount of a | 22 |
| monthly disbursement to a county under this Section, the | 23 |
| Department shall increase or decrease the amounts by an amount | 24 |
| necessary to offset any miscalculation of previous | 25 |
| disbursements within the previous 6 months from the time a | 26 |
| miscalculation is discovered. |
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| Within 10 days after receipt by the Comptroller from the | 2 |
| Department of the disbursement certification to the counties | 3 |
| provided for in this Section, the Comptroller shall cause the | 4 |
| orders to be drawn for the respective amounts in accordance | 5 |
| with directions contained in the certification. | 6 |
| If the Department determines that a refund should be made | 7 |
| under this Section to a claimant instead of issuing a credit | 8 |
| memorandum, then the Department shall notify the Comptroller, | 9 |
| who shall cause the order to be drawn for the amount specified | 10 |
| and to the person named in the notification from the | 11 |
| Department. The refund shall be paid by the Treasurer out of | 12 |
| the Flood Prevention Occupation Tax Fund. | 13 |
| (g) If a flood prevention district board imposes a tax | 14 |
| under this Section, then the board shall, by ordinance, | 15 |
| discontinue the tax upon the payment of all bonded indebtedness | 16 |
| of the District. The tax shall not be discontinued until all | 17 |
| bonded indebtedness of the District has been paid. | 18 |
| (h) Any ordinance imposing the tax under this Section, or | 19 |
| any ordinance that discontinues the tax, must be certified by | 20 |
| the county clerk and filed with the Illinois Department of | 21 |
| Revenue either (i) on or before the first day of April, | 22 |
| whereupon the Department shall proceed to administer and | 23 |
| enforce the tax or change in the rate as of the first day of | 24 |
| July next following the filing; or (ii) on or before the first | 25 |
| day of October, whereupon the Department shall proceed to | 26 |
| administer and enforce the tax or change in the rate as of the |
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| first day of January next following the filing. | 2 |
| (j) This Section may be cited as the Flood Prevention | 3 |
| Occupation Tax Law. | 4 |
| Section 30. Disbursement of federal funds. | 5 |
| (a) Any reimbursements for the construction of flood | 6 |
| protection facilities shall be appropriated to each county | 7 |
| flood prevention district in accordance with the location of | 8 |
| the specific facility for which the federal appropriation is | 9 |
| made. | 10 |
| (b) If there are federal reimbursements to a county flood | 11 |
| prevention district for construction of flood protection | 12 |
| facilities that were built using revenues authorized by this | 13 |
| Act, those funds shall be used for early retirement of bonds | 14 |
| issued in accordance with this Act. | 15 |
| (c) When all bond obligations of the District have been | 16 |
| paid, any remaining federal reimbursement moneys shall be | 17 |
| remitted to the county treasurer for deposit into a special | 18 |
| fund for the continued long-term maintenance of federal levees | 19 |
| and flood protection facilities, pursuant to the direction of | 20 |
| the county board. | 21 |
| Section 35. Financial audit of the Commission. A financial | 22 |
| audit of the Commission shall be conducted annually by a | 23 |
| certified public accountant (CPA) that is licensed at the time | 24 |
| of the audit by the Illinois Department of Financial and |
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| Professional Regulation. The CPA shall meet all of the general | 2 |
| standards concerning qualifications, independence, due | 3 |
| professional care, and quality control as required by the | 4 |
| Government Auditing Standards, 1994 Revision, Chapter 3, | 5 |
| including the requirements for continuing professional | 6 |
| education and external peer review. The financial audit is to | 7 |
| be performed in accordance with generally accepted auditing | 8 |
| standards issued by the American Institute of Certified Public | 9 |
| Accountants (AICPA) for field work and reporting, generally | 10 |
| accepted government auditing standards (GAGAS) and AICPA | 11 |
| Statements on Auditing Standards (SAS) current at the time the | 12 |
| audit is commenced. The audit shall be made publicly available | 13 |
| and sent to the county board chairman of the county in which | 14 |
| the district is situated and to the Illinois Secretary of | 15 |
| State. | 16 |
| Section 40. Budget of the Commission. The Commission shall | 17 |
| adopt an annual budget by August 31 of each year for the fiscal | 18 |
| year beginning October 1. Such budget shall include expected | 19 |
| revenues by source and expenditures by project or by function | 20 |
| for the following year. The budget must be approved by the | 21 |
| county board of the county in which the district is situated | 22 |
| prior to any expenditure by the Commission for the fiscal year | 23 |
| beginning October 1. The county board must approve or | 24 |
| disapprove the budget of the commission within 30 calendar days | 25 |
| after the budget is received by the county board. If the county |
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| board does not act to approve or disapprove the budget within | 2 |
| 30 calendar days of receipt, it shall stand as approved. | 3 |
| In addition, the Commission shall submit an annual report | 4 |
| to the county board by August 31 of each year detailing the | 5 |
| activities of the district. This report must also include any | 6 |
| information submitted to the flood prevention district by a | 7 |
| drainage, levee, or sanitary district in accordance with | 8 |
| Section 4-45 of the Illinois Drainage Code or Section 2-2 of | 9 |
| the Metro-East Sanitary District Act. | 10 |
| Section 45. Procurement. The Commission shall conduct all | 11 |
| procurements in accordance with the requirements of the Local | 12 |
| Government Professional Services Selection Act and any | 13 |
| competitive bid requirements contained in Section 5-1022 of the | 14 |
| Counties Code. | 15 |
| Section 50. Contracts for construction. A request for any | 16 |
| construction contract of more than $10,000 by the Commission | 17 |
| must be submitted for approval to the county board of the | 18 |
| county in which the district is situated. The county board has | 19 |
| 30 calendar days to approve the construction contract. If the | 20 |
| county board does not approve or disapprove the construction | 21 |
| contract within 30 calendar days after the receipt of such | 22 |
| request, the request shall be deemed approved. | 23 |
| Section 60. The Intergovernmental Cooperation Act is |
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| amended by adding Section 3.9 as follows: | 2 |
| (5 ILCS 220/3.9 new)
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| Sec. 3.9. Flood prevention. Two or more county flood | 4 |
| prevention districts may enter into an intergovernmental | 5 |
| agreement to provide any services authorized in the Flood | 6 |
| Prevention District Act.
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| Section 70. The Illinois Governmental Ethics Act is amended | 8 |
| by changing Section 4A-101 as follows: | 9 |
| (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 10 |
| Sec. 4A-101. Persons required to file. The following | 11 |
| persons shall file
verified written statements of economic | 12 |
| interests, as provided in this Article:
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| (a) Members of the General Assembly and candidates for | 14 |
| nomination or
election to the General Assembly.
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| (b) Persons holding an elected office in the Executive | 16 |
| Branch of this
State, and candidates for nomination or | 17 |
| election to these offices.
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| (c) Members of a Commission or Board created by the | 19 |
| Illinois Constitution,
and candidates for nomination or | 20 |
| election to such Commission or Board.
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| (d) Persons whose appointment to office is subject to | 22 |
| confirmation by
the Senate.
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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 | 2 |
| Circuit Court and the office of judge of
the Appellate or | 3 |
| Supreme Court.
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| (f) Persons who are employed by any branch, agency, | 5 |
| authority or board
of the government of this State, | 6 |
| including but not limited to, the Illinois
State Toll | 7 |
| Highway Authority, the Illinois Housing Development | 8 |
| Authority,
the Illinois Community College Board, and | 9 |
| institutions under the
jurisdiction of the Board of | 10 |
| Trustees
of the University of Illinois, Board of Trustees | 11 |
| of Southern Illinois
University, Board of Trustees of | 12 |
| Chicago State University,
Board of Trustees of Eastern | 13 |
| Illinois University, Board of Trustees of
Governor's State | 14 |
| University, Board of Trustees of Illinois State | 15 |
| University,
Board of Trustees of Northeastern Illinois | 16 |
| University, Board of Trustees of
Northern Illinois | 17 |
| University, Board of Trustees of Western Illinois
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| University, or Board of Trustees of the Illinois | 19 |
| Mathematics and Science
Academy, and are compensated for | 20 |
| services as employees and not as
independent contractors | 21 |
| and who:
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| (1) are, or function as, the head of a department, | 23 |
| commission, board,
division, bureau, authority or | 24 |
| other administrative unit within the
government of | 25 |
| this State, or who exercise similar authority within | 26 |
| the
government of this State;
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| (2) have direct supervisory authority over, or | 2 |
| direct responsibility for
the formulation, | 3 |
| negotiation, issuance or execution of contracts | 4 |
| entered into
by the State in the amount of $5,000 or | 5 |
| more;
| 6 |
| (3) have authority for the issuance or | 7 |
| promulgation of rules and
regulations within areas | 8 |
| under the authority of the State;
| 9 |
| (4) have authority for the approval of | 10 |
| professional licenses;
| 11 |
| (5) have responsibility with respect to the | 12 |
| financial inspection
of regulated nongovernmental | 13 |
| entities;
| 14 |
| (6) adjudicate, arbitrate, or decide any judicial | 15 |
| or administrative
proceeding, or review the | 16 |
| adjudication, arbitration or decision of any judicial
| 17 |
| or administrative proceeding within the authority of | 18 |
| the State;
| 19 |
| (7) have supervisory responsibility for 20 or more | 20 |
| employees of the
State; or
| 21 |
| (8) negotiate, assign, authorize, or grant naming | 22 |
| rights or sponsorship rights regarding any property or | 23 |
| asset of the State, whether real, personal, tangible, | 24 |
| or intangible.
| 25 |
| (g) Persons who are elected to office in a unit of | 26 |
| local government,
and candidates for nomination or |
|
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| 1 |
| election to that office, including regional
| 2 |
| superintendents of school districts.
| 3 |
| (h) Persons appointed to the governing board of a unit | 4 |
| of local
government, or of a special district, and persons | 5 |
| appointed to a zoning
board, or zoning board of appeals, or | 6 |
| to a regional, county, or municipal
plan commission, or to | 7 |
| a board of review of any county, and persons
appointed to | 8 |
| the Board of the Metropolitan Pier and Exposition Authority
| 9 |
| and any Trustee appointed under Section 22 of the | 10 |
| Metropolitan Pier and
Exposition Authority Act, and | 11 |
| persons appointed to a board or commission of
a unit of | 12 |
| local government who have authority to authorize the | 13 |
| expenditure of
public funds. This subsection does not apply | 14 |
| to members of boards or
commissions who function in an | 15 |
| advisory capacity.
| 16 |
| (i) Persons who are employed by a unit of local | 17 |
| government and are
compensated for services as employees | 18 |
| and not as independent contractors and
who:
| 19 |
| (1) are, or function as, the head of a department, | 20 |
| division, bureau,
authority or other administrative | 21 |
| unit within the unit of local
government, or who | 22 |
| exercise similar authority within the unit of local
| 23 |
| government;
| 24 |
| (2) have direct supervisory authority over, or | 25 |
| direct responsibility for
the formulation, | 26 |
| negotiation, issuance or execution of contracts |
|
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SB2052 Enrolled |
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LRB095 19161 HLH 45394 b |
|
| 1 |
| entered into
by the unit of local government in the | 2 |
| amount of $1,000 or greater;
| 3 |
| (3) have authority to approve licenses
and permits | 4 |
| by the unit of local government; this item does not | 5 |
| include
employees who function in a ministerial | 6 |
| capacity;
| 7 |
| (4) adjudicate, arbitrate, or decide any judicial | 8 |
| or administrative
proceeding, or review the | 9 |
| adjudication, arbitration or decision of any judicial
| 10 |
| or administrative proceeding within the authority of | 11 |
| the unit of local
government;
| 12 |
| (5) have authority to issue or promulgate rules and | 13 |
| regulations within
areas under the authority of the | 14 |
| unit of local government; or
| 15 |
| (6) have supervisory responsibility for 20 or more | 16 |
| employees of the
unit of local government.
| 17 |
| (j) Persons on the Board of Trustees of the Illinois | 18 |
| Mathematics and
Science Academy.
| 19 |
| (k) Persons employed by a school district in positions | 20 |
| that
require that
person to hold an administrative or a | 21 |
| chief school business official
endorsement.
| 22 |
| (l) Special government agents. A "special government | 23 |
| agent" is a
person who is directed, retained, designated, | 24 |
| appointed, or
employed, with or without compensation, by or | 25 |
| on behalf of a
statewide executive branch constitutional | 26 |
| officer to make an ex
parte communication under Section |
|
|
|
SB2052 Enrolled |
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|
| 1 |
| 5-50 of the State Officials and
Employees Ethics Act or | 2 |
| Section 5-165 of the Illinois
Administrative Procedure | 3 |
| Act.
| 4 |
| (m) Members of the board of commissioners of any flood | 5 |
| prevention district. | 6 |
| This Section shall not be construed to prevent any unit of | 7 |
| local government
from enacting financial disclosure | 8 |
| requirements that mandate
more information
than required by | 9 |
| this Act.
| 10 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-816, eff. 7-27-04.)
| 11 |
| Section 75. The Illinois Drainage Code is amended by adding | 12 |
| Section 4-45 as follows: | 13 |
| (70 ILCS 605/4-45 new)
| 14 |
| Sec. 4-45. Flood prevention districts; reporting | 15 |
| requirement; control. If a flood prevention district has been | 16 |
| formed under the Flood Prevention District Act, the flood | 17 |
| prevention district shall have the exclusive authority within | 18 |
| such areas as designated by the county board to restore, | 19 |
| improve, upgrade, construct, or reconstruct levees. If any part | 20 |
| of the territory of a drainage district, levee district, or | 21 |
| sanitary district overlaps with the territory of a flood | 22 |
| prevention district, the drainage district, levee district, or | 23 |
| sanitary district shall, at the direction of the county board, | 24 |
| operate under the direction of the board of commissioners of |
|
|
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SB2052 Enrolled |
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| 1 |
| the flood prevention district with respect to the restoration, | 2 |
| improvement, upgrade, construction, or reconstruction of | 3 |
| levees and other flood control systems. At the direction of the | 4 |
| county board, the flood prevention district and its assignees | 5 |
| shall be permitted to utilize any property, easements, or | 6 |
| rights-of-way owned or controlled by the drainage district, | 7 |
| levee district, or sanitary district. In addition, at the | 8 |
| direction of the county board, the board of commissioners of | 9 |
| any such drainage, levee, or sanitary district must comply with | 10 |
| any requests for information by the board of commissioners of | 11 |
| the flood prevention district, including, but not limited to, | 12 |
| requests for information concerning past, present, and future | 13 |
| contracts; employees of the drainage, levee, or sanitary | 14 |
| district; finances of the drainage, levee, or sanitary | 15 |
| district; and other activities of the drainage, levee, or | 16 |
| sanitary district. This information must be submitted to the | 17 |
| board of commissioners of the flood prevention district within | 18 |
| 30 days after the request is received. Nothing in this Section | 19 |
| 4-45 or in the Flood Prevention District Act shall preclude or | 20 |
| prohibit a drainage district, levee district, or sanitary | 21 |
| district that overlaps the territory of a flood prevention | 22 |
| district from conducting or performing its normal operation and | 23 |
| maintenance of levees under their control, provided such normal | 24 |
| operation and maintenance does not interfere with or inhibit | 25 |
| the restoration, improvement, upgrade, construction, or | 26 |
| reconstruction of levees and other flood control systems by the |
|
|
|
SB2052 Enrolled |
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LRB095 19161 HLH 45394 b |
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| 1 |
| flood prevention district. | 2 |
| Section 80. The Metro-East Sanitary District Act of 1974 is | 3 |
| amended by changing Section 2-2 as follows:
| 4 |
| (70 ILCS 2905/2-2) (from Ch. 42, par. 502-2)
| 5 |
| Sec. 2-2.
| 6 |
| To lay out, locate, establish and construct one or more | 7 |
| levees or
embankments of such size, material and character as | 8 |
| may be required to
protect the district against overflow from | 9 |
| any river, or tributary stream,
or water-course, and to lay | 10 |
| out, establish and construct all such other or
additional | 11 |
| improvements or works as may be auxiliary or incidental | 12 |
| thereto,
or promotive of the sanitary purposes contemplated in | 13 |
| this Act; and to
maintain, repair, change, enlarge and add to | 14 |
| such levees, embankments,
improvements and work as may be | 15 |
| necessary or proper to meet future
requirements for the | 16 |
| accomplishment of the purposes aforesaid.
| 17 |
| To the extent that any part of the territory of the | 18 |
| District overlaps with a flood prevention district that is | 19 |
| formed under the Flood Prevention District Act, the flood | 20 |
| prevention district shall have the exclusive authority to | 21 |
| repair, construct, or reconstruct levees within the territory | 22 |
| of the flood prevention district. The District shall operate | 23 |
| under the direction of the board of commissioners of the flood | 24 |
| prevention district with respect to the repair, construction, |
|
|
|
SB2052 Enrolled |
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LRB095 19161 HLH 45394 b |
|
| 1 |
| or reconstruction of levees within the territory of the flood | 2 |
| prevention district. In addition, the board of the District | 3 |
| must comply with any requests for information by the board of | 4 |
| commissioners of the flood prevention district, including, but | 5 |
| not limited to, requests for information concerning past, | 6 |
| present, and future contracts; employees of the District; | 7 |
| finances of the District; and other activities of the District. | 8 |
| This information must be submitted to the board of | 9 |
| commissioners of the flood prevention district within 30 days | 10 |
| after the request is received. | 11 |
| (Source: P.A. 78-1017.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
|
|