Bill Text: IL SB0189 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Sponsorship: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2009-08-17 - Public Act . . . . . . . . . 96-0542 [SB0189 Detail]

Download: Illinois-2009-SB0189-Engrossed.html

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AN ACT concerning 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.

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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 and previous terms served by that
person on that or any other State 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 copy of the resume, with the person's home
address and any personal information redacted, of each
person appointed to a board or commission by the Governor
after the effective date of this Act. This posting shall
remain until one year after the person no longer serves on
that board or commission.
(6) A copy of the letter of appointment, with the
person's home address redacted, filed with the Secretary of
State with respect to each person appointed to a board or
commission by the Governor after the effective date of this
Act. This posting shall remain until one year after the
person no longer serves on that board or commission.
(7) A link to that section of the Secretary of State's

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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.

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(b) a person is ineligible for appointment or reappointment
after the effective date of this Act if:
(1) The person fails to agree in writing on a form
prescribed by the Office that he or she, for a period of
one year after termination of the person's appointment or
reappointment, will not accept employment with, or perform
any compensated services for, an individual or entity (or
any of its affiliates) with respect to which the person,
during a period of one year before termination of his or
her appointment or reappointment, participated in the
board's or commission's (i) award of a contract of more
than $25,000 or (ii) regulatory, adjudicatory,
quasi-adjudicatory, investigatory, or licensing decision.
After a person's appointment or reappointment, the written
agreement shall not be binding if waived by the Executive
Ethics Commission upon a showing that the prospective
employment or relationship did not affect the board's or
commission's award or decision.
(2) The person fails to agree in writing on a form
prescribed by the Office that the person will not lobby or
represent an individual or entity (or any of its
affiliates) before the board or commission to which the
person seeks appointment or reappointment during his or her
service on that board or commission and for one year after
termination of that service.
(3) The person fails to file a disclosure of conflicts

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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. Ethics training. Each person appointed by the
Governor to a board or commission described in subsection (a)
of Section 15, whether appointed before, on, or after the
effective date of this Act, shall annually complete the ethics
training required by Section 5-10 of the State Officials and
Employees Ethics Act for State employees under the jurisdiction
of the Governor's Executive Inspector General.
Section 25. 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

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dates and agenda.
Section 30. Special Inspector General for Boards and
Commissions.
(a) The Governor's Executive Inspector General shall
appoint a Special Inspector General for Boards and Commissions.
The Special Inspector General shall receive and review all
complaints involving boards and commissions under the
jurisdiction of the Governor. Upon request, the Special
Inspector General shall provide advice and counsel in matters
relating to enforcement and application of this Act and the
State Officials and Employees Ethics Act.
(b) The Office shall maintain on its official website
information concerning the process for filing a complaint with
the Special Inspector General for Boards and Commissions
regarding any suspected fraud, waste, abuse, or misconduct
involving a board or commission. The information shall include,
but shall not be limited to, a link to the website of the
Office of the Governor's Executive Inspector General and
contact information for the Special Inspector General for
Boards and Commissions.
(c) The ethics officer of each board or commission shall
timely file with the Special Inspector General for Boards and
Commissions a copy of each ex parte communication made a part
of the board's or commission's record pursuant to Section 5-50
of the State Officials and Employees Ethics Act.

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Section 35. Information provided to the Senate.
(a) Before the Governor submits the name of an applicant
for appointment to a board or commission to the Senate for
confirmation, the Office shall provide to each member of the
Senate's Committee on Executive Appointments, or its
successor, the following:
(1) A copy of the application for the appointment
completed by the appointee for the position for which the
Governor is seeking to have that person confirmed;
(2) A copy of the applicant's resume;
(3) A questionnaire, completed by the applicant, which
shall be provided by the Chair of the Committee, seeking
such information as the Committee may direct;
(4) A copy of the applicant's Oath of Office, and
Statement of Economic Interest required under Article 4A of
the Illinois Governmental Ethics Act, which have been filed
with the Secretary of State;
(5) A copy of the applicant's Statement of Conflict of
Interest under Sections 3A-30 and 3A-35 of the Illinois
Governmental Ethics Act, if the applicant is required to
make such a disclosure, which has been filed with the
Secretary of State; and
(6) A copy of the applicant's current registration as a
lobbyist with the Secretary of State, if the applicant is
so registered.

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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 Sections 3A-30, 4A-101, and 4A-105 as follows:
(5 ILCS 420/3A-30)
Sec. 3A-30. Disclosure.
(a) Before Upon appointment to a board, commission,
authority, or task force authorized or created by State law, a
person must file with the Secretary of State a disclosure of
all contracts the person or his or her spouse or immediate
family members living with the person have with the State and
all contracts between the State and any entity in which the
person or his or her spouse or immediate family members living
with the person have a majority financial interest.
(b) Violation of this Section is a business offense
punishable by a fine of $1,001.
(c) The Secretary of State must adopt rules for the
implementation and administration of this Section. Disclosures
filed under this Section are public records and shall be posted
on the Secretary of State's official website.
(Source: P.A. 93-615, eff. 11-19-03.)
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)

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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 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

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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;

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(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

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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

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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

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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 or commission described in subsection (a) of Section
15 of the Gubernatorial Boards and Commissions Act, whether
or not that appointment is subject to Senate confirmation,

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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

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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

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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 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.