Public Act 096-0543
 		





SB1602 Enrolled
LRB096 10304 JAM 20474 b






    AN ACT concerning State government.

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






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

 
    Section 5. Definitions.   As used in this Act:
    "Board" means a board authorized or created by executive 
order of the Governor, statute, or the Illinois Constitution to 
which the Governor has authority (whether or not exercised) to 
appoint one or more members.
    "Commission" means a commission or other body authorized or 
created by executive order of the Governor, statute, or the 
Illinois Constitution to which the Governor has authority 
(whether or not exercised) to appoint one or more members.
    "Office" means the Governor's Office of Boards and 
Commissions, or a successor entity within the Governor's 
administration.
 
    Section 10. Repository of board and commission membership.   
The Office shall establish and maintain on the Internet a 
centralized, searchable database, freely accessible to the 
public, of information relating to appointed positions on the 
State's boards and commissions.
    The database shall include, at a minimum:
        (1) The qualifications for, and the powers, duties, and 
    responsibilities of, each appointed position on each of the 
    State's boards and commissions.
        (2) The name and term of each current appointed member 
    of a board or commission.
        (3) Each current vacancy in appointed membership of 
    each of the State's boards and commissions.
        (4) Information as to how a person may apply for 
    appointment to a board or commission, including a uniform 
    application that may be downloaded and printed or that may 
    be submitted electronically.
        (5) A link to that section of the Secretary of State's 
    website that allows the public to search Statements of 
    Economic Interest filed with the Secretary of State.

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

             
    (a) For the purpose of this Section, "appointment or 
reappointment" means appointment or reappointment by the 
Governor to:
        (1) A board or commission composed of members whose 
    appointment or reappointment requires the advice and 
    consent of the Senate, and whose members: (i) are entitled 
    to compensation for their service beyond reimbursement of 
    expenses; (ii) have statutory authority to regulate or 
    oversee the business or activities of individuals, private 
    entities, or public bodies; (iii) have statutory authority 
    to issue or approve professional licenses; (iv) have 
    statutory authority  to conduct, or review the decision 
    resulting from, any arbitration, adjudication, 
    administrative, or quasi-judicial proceeding; or (v) have 
    statutory authority to award grants.
        (2) The governing board of a retirement system 
    established by Article 14, 15, or 16 of the Illinois 
    Pension Code.
        (3) The Illinois State Board of Investment.
        (4) The Illinois Board of Higher Education.
        (5) The governing board of a State university.
    (b) a person is ineligible for appointment or reappointment 
after the effective date of this Act if the person fails to 
file a disclosure of conflicts of interests and a statement of 
economic interests as required by Section 3A-30 and Article 4A, 
respectively, of the Illinois Governmental Ethics Act.
    (c) Nothing in this Section shall impair the ability of a 
person serving on a board or commission on the effective date 
of this Act to complete his or her current term of membership.
 
    Section 20. Board or commission website.   A board or 
commission that maintains a website and has a full-time 
information technology staff shall make freely available to the 
public on that website the following:
        (1) Any audio or video recordings of each of its 
    regular or special open meetings, for a period of at least 
    2 years after the date of the meeting.
        (2) Minutes of each of its regular or special meetings, 
    for a period of at least 2 years after the date of the 
    meeting.
        (3) A regularly updated schedule of its future meeting 
    dates and agenda.
 
    Section 40. Savings provision.   Nothing in this Act shall be 
construed to contravene any State or federal law.
 
    Section 90. The Illinois Governmental Ethics Act is amended  
by changing Section 4A-101 as follows:
 
    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
    Sec. 4A-101. Persons required to file.   The following 
persons shall file
verified written statements of economic 
interests, as provided in this Article:


        (a) Members of the General Assembly and candidates for 
    nomination or
election to the General Assembly.


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


        (c) Members of a Commission or Board created by the 
    Illinois Constitution,
and candidates for nomination or 
    election to such Commission or Board.


        (d) Persons whose appointment to office is subject to 
    confirmation by
the Senate and persons appointed by the 
    Governor to any other position on a board or commission 
    described in subsection (a) of Section 15 of the 
    Gubernatorial Boards and Commissions Act.


        (e) Holders of, and candidates for nomination or 
    election to, the office
of judge or associate judge of the 
    Circuit Court and the office of judge of
the Appellate or 
    Supreme Court.


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

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


            (1) are, or function as, the head of a department, 
        commission, board,
division, bureau, authority or 
        other administrative unit within the
government of 
        this State, or who exercise similar authority within 
        the
government of this State;


            (2) have direct supervisory authority over, or 
        direct responsibility for
the formulation, 
        negotiation, issuance or execution of contracts 
        entered into
by the State in the amount of $5,000 or 
        more;


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


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


            (5) have responsibility with respect to the 
        financial inspection
of regulated nongovernmental 
        entities;


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

        or administrative proceeding within the authority of 
        the State;


            (7) have supervisory responsibility for 20 or more 
        employees of the
State; or


            (8) negotiate, assign, authorize, or grant naming 
        rights or sponsorship rights regarding any property or 
        asset of the State, whether real, personal, tangible, 
        or intangible.

        (g) Persons who are elected to office in a unit of 
    local government,
and candidates for nomination or 
    election to that office, including regional

    superintendents of school districts.


        (h) Persons appointed to the governing board of a unit 
    of local
government, or of a special district, and persons 
    appointed to a zoning
board, or zoning board of appeals, or 
    to a regional, county, or municipal
plan commission, or to 
    a board of review of any county, and persons
appointed to 
    the Board of the Metropolitan Pier and Exposition Authority

    and any Trustee appointed under Section 22 of the 
    Metropolitan Pier and
Exposition Authority Act, and 
    persons appointed to a board or commission of
a unit of 
    local government who have authority to authorize the 
    expenditure of
public funds.  This subsection does not apply 
    to members of boards or
commissions who function in an 
    advisory capacity.


        (i) Persons who are employed by a unit of local 
    government and are
compensated for services as employees 
    and not as independent contractors and
who:


            (1) are, or function as, the head of a department, 
        division, bureau,
authority or other administrative 
        unit within the unit of local
government, or who 
        exercise similar authority within the unit of local

        government;


            (2) have direct supervisory authority over, or 
        direct responsibility for
the formulation, 
        negotiation, issuance or execution of contracts 
        entered into
by the unit of local government in the 
        amount of $1,000 or greater;


            (3) have authority to approve licenses
and permits 
        by the unit of local government; this item does not 
        include
employees who function in a ministerial 
        capacity;


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

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


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


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


        (j) Persons on the Board of Trustees of the Illinois 
    Mathematics and
Science Academy.


        (k) Persons employed by a school district in positions 
    that
require that
person to hold an administrative or a 
    chief school business official
endorsement.


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



        (m) Members of the board of commissioners of any flood 
    prevention district. 
        (n) Members of the board of any retirement system or 
    investment board established under the Illinois Pension 
    Code, if not required to file under any other provision of 
    this Section.
        (o) Members of the board of any pension fund 
    established under the Illinois Pension Code, if not 
    required to file under any other provision of this Section. 
    This Section shall not be construed to prevent any unit of 
local government
from enacting financial disclosure 
requirements that mandate
 more information
than required by 
this Act.


(Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09.)



 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 

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





Effective Date:  08/17/2009