093_SB0714eng SB714 Engrossed LRB093 02920 MKM 02936 b 1 AN ACT to create the Taxpayer Action Board. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Taxpayer Action Board Act. 6 Section 5. Purpose. The purpose of this Act is to 7 promote the health, welfare, and prosperity of all citizens 8 of this State who reside in the counties to which this Act 9 applies (i) by ensuring effective and democratic 10 representation of taxpayers before all units of local 11 government that impose taxes in those counties and (ii) by 12 providing for taxpayer education on taxing and spending by 13 those units of local government. This purpose shall be 14 deemed a statewide interest and not a private or special 15 concern. 16 Section 10. Definitions. As used in this Act: 17 "Campaign contribution" means any money, good, service, 18 credit, or other benefit provided or promised for the purpose 19 of electing a candidate to the board of directors of a TAB. 20 "Campaign contribution" does not include: (i) the value of 21 services provided without compensation by individuals who 22 volunteer a portion or all of their time on behalf of a 23 candidate or political committee; (ii) the use of real or 24 personal property voluntarily provided by an individual for 25 candidate-related activities; or (iii) the cost of 26 invitations, food, and beverages provided by an individual 27 for candidate-related activities on the individual's 28 residential premises, if the cumulative value of these items 29 provided to any candidate by an individual does not exceed 30 $100 for any election. SB714 Engrossed -2- LRB093 02920 MKM 02936 b 1 "Campaign expenditure" means any payment, use, 2 distribution, or gift of money or anything of value made or 3 promised for the purpose of electing a candidate to the board 4 of directors of a TAB. "Campaign expenditure" does not 5 include: (i) the value of services provided without 6 compensation by individuals who volunteer a portion or all of 7 their time on behalf of a candidate or political committee; 8 (ii) the use of real or personal property voluntarily 9 provided by an individual for candidate-related activities; 10 or (iii) the cost of invitations, food, and beverages 11 provided by an individual for candidate-related activities on 12 the individual's residential premises, if the cumulative 13 value of these items provided to any candidate by an 14 individual does not exceed $100 for any election. 15 "Director" means any person duly elected or appointed to 16 a TAB board of directors under Section 80 or 85 of this Act. 17 "Member" means any person who meets the requirements for 18 membership in the TAB set forth in Section 35 of this Act. 19 "Redistricting" means the redistricting of county board 20 districts. 21 "TAB" means Taxpayer Action Board. 22 "Taxpayer" means any citizen of the county who pays taxes 23 either directly or indirectly to any unit of local government 24 within that county. 25 "The county", unless otherwise defined, means any county 26 in which a TAB is established. 27 Section 15. Counties that may establish a TAB. Any 28 county with a population of greater than 200,000 inhabitants 29 that is contiguous to a county with a population of 2,000,000 30 or more inhabitants may establish a Taxpayer Action Board by 31 initiative petition and referendum. 32 Section 20. Petition requirements; form. SB714 Engrossed -3- LRB093 02920 MKM 02936 b 1 (a) Any petition to establish a TAB shall be filed with 2 the county clerk. The petition shall be signed by the number 3 of voters in the county equal to at least 5% of the number of 4 votes cast in that county at the last election for governor. 5 The petition must be filed not less than 78 days prior to a 6 regular election to be eligible for submission on the ballot 7 of that election. 8 (b) The petition shall request the submission of the 9 proposition at the next regular election for the purpose of 10 voting for or against establishing a Taxpayer Action Board. 11 The question of establishing a Taxpayer Action Board 12 shall be in substantially the following form: 13 Shall a Taxpayer Action Board be established in 14 ..... County to represent the interests of taxpayers 15 before all units of local government in ..... County? 16 Votes shall be recorded as "Yes" or "No". 17 Section 25. Passage of question. If a majority of all 18 ballots cast on the proposition in a county are in favor of 19 the proposition then a TAB shall be established in that 20 county as provided in this Act. 21 Section 30. Applicability of Election Code. The 22 referendum authorized by this Act shall be conducted in the 23 manner provided by the Election Code. 24 Section 35. TAB membership; fees; dissolution. 25 (a) In each county that passes the question in Section 26 20, there is created a public body corporate and politic to 27 be known as the Taxpayer Action Board of ..... County, or 28 ..... County TAB. 29 (b) The membership of each TAB shall consist of all 30 natural persons who are residents of the county and have 31 contributed to the TAB the required annual membership fee in SB714 Engrossed -4- LRB093 02920 MKM 02936 b 1 the preceding 12 months. 2 (c) Until 180 days after each TAB's first election of 3 directors, the TAB's annual membership fee shall be $5. 4 Thereafter, the TAB may, by vote of its board of directors, 5 alter the annual membership fee and may create a sliding fee 6 structure related to a member's income. 7 (d) A TAB shall not be an agency of the State or county 8 government. 9 (e) If, after the TAB has been incorporated for a period 10 of 3 years, the TAB's membership remains below 500 members 11 for an entire year, the board of directors of the TAB shall 12 dissolve the TAB. 13 Section 40. TAB duties and functions; rights and powers. 14 (a) Each TAB shall: 15 (1) inform, educate, and advise taxpayers and 16 others on taxes and spending by all units of local 17 government in its county; 18 (2) represent and promote the interests of 19 taxpayers in local tax matters as individual taxpayers 20 and collectively in terms of local community needs and 21 broad public interest; 22 (3) take affirmative measures to encourage 23 membership by low and moderate income and minority 24 taxpayers, disseminate information and advice to these 25 taxpayers, and represent their interests in local tax 26 matters; 27 (4) inform, insofar as possible, taxpayers about 28 the TAB, including the procedures for obtaining 29 membership in the TAB; and 30 (5) refrain from interfering with collective 31 bargaining rights of any employee of a local government. 32 (b) Each TAB shall have, in addition to the rights and 33 powers provided by other provisions of this Act, the SB714 Engrossed -5- LRB093 02920 MKM 02936 b 1 following rights and powers: 2 (1) To represent the interests of taxpayers in 3 local tax matters before units of State and local 4 government, legislative bodies, and other public forums, 5 at levy hearings and other proceedings of concern to 6 taxpayers. 7 (2) To initiate, intervene as a party, or otherwise 8 participate on behalf of taxpayers in any proceeding that 9 the TAB reasonably determines may affect the interests of 10 taxpayers. 11 (3) To represent the interest of taxpayers in the 12 resolution of complaints involving a unit of local 13 government. 14 (4) To negotiate on behalf of taxpayers with units 15 of local government. 16 (5) To represent the interests of corporations, 17 unincorporated businesses, and associations in tax 18 matters before units of local government, legislative 19 bodies, and other public forums where such representation 20 is in the interests of taxpayers. 21 (6) To conduct, support, and assist research, 22 surveys, and investigations in tax matters. 23 (7) To contract for services that cannot reasonably 24 be performed by its employees. 25 (8) To make, amend, and repeal bylaws and rules for 26 the regulation of its affairs and the conduct of its 27 business; to adopt an official seal and alter it at 28 pleasure; to maintain an office; to sue and be sued in 29 its own name, plead and be impleaded; and to make and 30 execute contracts and other instruments necessary or 31 convenient to the exercise of the powers of the TAB. 32 (9) To employ any agents, employees, and special 33 advisors as it finds necessary and to fix their 34 compensation. SB714 Engrossed -6- LRB093 02920 MKM 02936 b 1 (10) To solicit and accept gifts, loans, or other 2 aid in order to support activities concerning the 3 interests of taxpayers; except that the TAB may not 4 accept gifts, loans, or other aid from any unit of local 5 government or from any official, employee, or agent or 6 member of the immediate family of an official, employee, 7 or agent of any unit of local government. Under this 8 paragraph, "aid" does not mean payment of membership 9 dues. 10 (11) To implement solicitation for TAB funding and 11 membership. 12 (12) To seek tax exempt status under State and 13 federal law, including 501(c)(3) status under the United 14 States Internal Revenue Code. 15 (13) To provide information and advice to taxpayers 16 on any matter with respect to taxes. 17 The powers, duties, rights, and privileges conferred or 18 imposed upon the TAB by this Act may not be transferred. 19 (c) The TAB shall make available to the public any of 20 the following documents prepared by or filed with the TAB 21 within the preceding 7 years: 22 (1) Minutes of the board of directors meetings. 23 (2) Director's or executive director's financial 24 statements. 25 (3) Candidate's financial statements. 26 (4) Annual reports of the TAB. 27 Section 45. Board of directors. Each TAB shall be 28 managed by, and its powers, functions and duties shall be 29 exercised through, a board of directors to be composed as 30 follows: 31 (a) Election and terms of directors. The TAB districts 32 shall be divided into 2 groups for the purpose of 33 establishing terms for which the directors shall be elected SB714 Engrossed -7- LRB093 02920 MKM 02936 b 1 in each group. One group shall be comprised of the even 2 numbered county board districts. The odd numbered county 3 board districts shall comprise the other group. A TAB board 4 of directors shall consist of at least 10 directors. In a 5 county with less than 10 districts, the total number of 6 directors shall be twice the number of election districts of 7 that county. 8 (1) The interim board, within 60 days after their 9 appointment, shall meet and publicly determine by lot 10 which group shall be the first group and which group 11 shall be the second. The board members or their 12 successors from the first group shall be elected for 13 successive terms of 2 years, 2 years, and 4 years; and 14 members or their successors from the second group shall 15 be elected for successive terms of 4 years, 2 years, and 16 2 years. 17 (2) The first election of directors of the board is 18 to be held no later than 8 months after the first meeting 19 of the interim board. Subsequent elections of directors 20 of the board shall be held every 2 years after the first 21 election. The board, however, may change the election 22 date for the second election to up to one month before or 23 after the second anniversary of the first election. All 24 subsequent elections shall occur every 2 years on the 25 anniversary of the second election. This cycle shall 26 begin anew in the year following each decennial 27 redistricting. If the election day falls on a weekend or 28 holiday, the election shall occur on the next business 29 day. In the year following a decennial redistricting all 30 directors' terms shall end and elections for directors 31 from the redrawn county board districts shall be held. 32 (3) Interim and elected board members shall serve 33 until their successors are elected and have qualified. 34 (4) Within 45 days after the redistricted county SB714 Engrossed -8- LRB093 02920 MKM 02936 b 1 board districts are enacted, the board shall publicly 2 allocate terms by lot between the 2 groups of districts 3 as provided in paragraph (1) of this subsection. Board 4 members or their successors from the first group shall be 5 elected for successive terms of 2 years, 4 years, and 4 6 years; and members or their successors from the second 7 group shall be elected for successive terms of 4 years, 4 8 years, and 2 years. In the year following a decennial 9 redistricting all directors' terms shall end and 10 elections for directors from the redrawn county board 11 districts and for statewide directors shall be held. 12 (b) Qualifications. A director shall be a resident of 13 the district he or she represents and a member of the TAB. 14 No person who is an employee in any managerial or supervisory 15 capacity, director, officer, or agent or who is a member of 16 the immediate family of any employee, director, officer, or 17 agent of any unit of local government is eligible to be a 18 director. No director may hold any elective position in 19 federal, State, or local government. 20 (c) Employment of director's family member. No director 21 nor member of his or her immediate family shall, either 22 directly or indirectly, be employed for compensation as a 23 staff member or consultant of the TAB. 24 (d) Meetings. The board shall hold regular meetings at 25 least once every 3 months on the dates and at the places as 26 it may determine. Special meetings may be called by the 27 president or by a majority of the directors upon at least 7 28 days advance written notice. Unless otherwise provided in the 29 bylaws, a majority of the board of directors shall constitute 30 a quorum. In no event, however, shall a quorum consist of 31 less than one-third of the board of directors. The act of 32 the majority of the directors present at a meeting at which 33 a quorum is present shall be the act of the board of 34 directors unless the act of a greater number is required by SB714 Engrossed -9- LRB093 02920 MKM 02936 b 1 this Act or its bylaws. A summary of the minutes of every 2 board meeting shall be made available to each public library 3 in the State upon request and to individuals upon request. 4 (e) Expenses. A director may not receive any 5 compensation for his or her services, but shall be reimbursed 6 for necessary expenses, including travel expenses incurred in 7 the discharge of duties. The board shall establish standard 8 allowances for mileage, room, and meals and the purposes for 9 which allowances may be made. The board shall determine the 10 reasonableness and necessity for reimbursements. The board 11 shall include the schedule of standard allowances in the 12 annual report under paragraph (4) of subsection (c) of 13 Section 40. 14 (f) Bonding. Directors and employees eligible to 15 disburse funds shall be bonded. The costs of the bonds shall 16 be paid by the TAB. 17 Section 50. Duties of the board; executive director. The 18 board shall have the following duties: 19 (a) To establish the policy of the TAB regarding 20 appearances before units of local government, legislative 21 bodies, and other public authorities and regarding other 22 activities that the TAB has the authority to perform under 23 this Act. 24 (b) To employ an executive director who shall have the 25 following powers and duties, subject at all times to the 26 direction and supervision of the board: 27 (1) To implement the policy established by the 28 board under subsection (a). 29 (2) To employ and discharge employees of the TAB. 30 (3) To supervise the offices, facilities, and work 31 of the employees of the TAB. 32 (4) To have custody of and maintain the books, 33 records, and membership rolls of the TAB. SB714 Engrossed -10- LRB093 02920 MKM 02936 b 1 (5) To prepare and submit to the board annual and 2 quarterly statements of the financial and substantive 3 operations of the TAB and financial estimates for the 4 future operations of the TAB. 5 (6) To attend and participate in meetings of the 6 board, but without a vote. 7 (7) To file annually with the board a current 8 financial statement that includes the information 9 required under subsection (c) of Section 85. 10 (8) To exercise any other powers and perform any 11 other duties as the board delegates. 12 (c) To hold an annual meeting of the membership on a 13 date and at a place within the county to be determined by the 14 board under Section 65. 15 (d) To assure preparation of: 16 (1) Up-to-date membership rolls. 17 (2) Quarterly statements of the financial and 18 substantive operations of the TAB. 19 (3) An audit of the TAB's books at least once each 20 fiscal year. The audit shall be by a certified public 21 accountant. 22 (4) A report at the close of the TAB's fiscal year. 23 This report shall be made available to each of the TAB's 24 members, as well as to members of the news media who 25 request it. Also, the report shall be made available to 26 each library in the county that requests it, and to 27 individuals upon request. 28 (e) To establish and make available to the public a 29 written policy on the availability and distribution of all 30 records required to be kept by the TAB under this Act. 31 (f) To prepare membership applications and distribute 32 the applications in sufficient amounts or in machine copyable 33 form, upon request, to every library system in the county, as 34 defined in Section 2 of the Illinois Library System Act, for SB714 Engrossed -11- LRB093 02920 MKM 02936 b 1 distribution of the applications to all of the public 2 libraries throughout the county, so taxpayers may obtain the 3 applications to submit to the TAB, with annual dues, for 4 membership. 5 (g) To provide all candidates for election to the board 6 as district directors a current list of members residing in 7 the candidate's district upon certification of nomination 8 under subsection (b) of Section 85 and within 5 days of a 9 request by the candidate. The board may restrict a 10 candidate's use of a list as it deems appropriate. 11 (h) To carry out all other duties and responsibilities 12 imposed upon the TAB and the board under this Act. 13 Section 55. Director financial statement. Every director 14 shall annually file with the board a current financial 15 statement which includes the information required under 16 subsection (c) of Section 85. 17 Section 60. Executive director; qualifications. 18 (a) The executive director hired by the board under 19 Section 50 shall have the same qualifications as a director 20 under Section 85, except that the executive director need not 21 be a resident of the TAB's county nor a member of the TAB. 22 The executive director may not be a candidate for director 23 while serving as executive director. 24 (b) The board shall adhere to any applicable State or 25 federal law prohibiting discrimination in employment in 26 hiring the executive director under Section 50. 27 (c) The board shall require all applicants for the 28 position of executive director of a TAB to file a financial 29 statement that includes the information required under 30 subsection (c) of Section 85. The board shall require the 31 executive director to annually file a current statement. SB714 Engrossed -12- LRB093 02920 MKM 02936 b 1 Section 65. Annual membership meeting. All members 2 shall be eligible to attend, participate in, and vote in the 3 annual membership meeting called by the board under 4 subsection (c) of Section 50. The meeting shall be open to 5 the public and shall be held in different districts on a 6 rotating basis to the extent feasible. Each year a meeting 7 shall be held in each board district for the members of the 8 district. The members shall receive notice of that meeting 9 at least 14 days in advance. 10 Section 70. Mailing procedure. 11 (a) As used in this Section: 12 "Enclosure" means a card, leaflet, envelope, or 13 combination thereof furnished by the TAB under this Section. 14 "County mailing" means any mailing by the county to 1000 15 or more citizens. 16 (b) To accomplish its powers and duties under Section 40 17 of this Act, the TAB, subject to the following limitations, 18 may prepare and furnish, to the county official responsible 19 for the county mailing in which the TAB seeks to have its 20 enclosure included, an enclosure to be included with that 21 county mailing. 22 (1) The county official furnished with an enclosure 23 shall include the enclosure within the county mailing 24 designated by the TAB. 25 (2) An enclosure furnished by the TAB under this 26 Section shall be provided to the county official a 27 reasonable period of time in advance of the mailing. 28 (3) An enclosure furnished by a TAB under this 29 Section shall be limited to informing the reader of the 30 purpose, nature, and activities of the TAB as set forth 31 in this Act and stating that the reader may become a 32 member in the TAB, maintain membership in the TAB, and 33 contribute money directly to the TAB. SB714 Engrossed -13- LRB093 02920 MKM 02936 b 1 (c) The TAB shall reimburse the county for all 2 reasonable incremental costs incurred by the county in 3 complying with this Section above the county's normal mailing 4 and handling costs, provided that: 5 (1) the county official responsible for the mailing 6 in which the TAB enclosure was included shall first 7 furnish the TAB with an itemized accounting of the 8 additional cost; and 9 (2) the TAB shall not be required to reimburse the 10 county for postage costs if the weight of the TAB's 11 enclosure does not exceed 0.35 ounce avoirdupois. If the 12 TAB's enclosure exceeds that weight, then it shall only 13 be required to reimburse the county for postage cost over 14 and above what the county's postage cost would have been 15 had the enclosure weighed only 0.35 avoirdupois. 16 (d) The TAB shall seek authority from municipalities and 17 other local governments within its county to include 18 enclosures within mailings by the municipalities and local 19 governments of tax bills, utility bills, vehicle sticker 20 renewal notices, newsletters, and other mailings to 100 or 21 more citizens. This authority shall be sought under terms 22 similar to those in subsections (a), (b), and (c) of this 23 Section, but the TAB may accept this authority under any 24 terms it deems are in the best interest of the TAB. 25 Section 75. Prohibited acts. 26 (a) No person may penalize any person who contributes to 27 the TAB or participates in any of its activities in 28 retribution for any such contributions or participation. 29 (b) No person may act with intent to prevent, interfere 30 with, or hinder the activities permitted under this Act. 31 (c) A person who violates this Section shall be fined 32 not more than $1,000. Each violation shall constitute a 33 separate offense. A person who knowingly and wilfully SB714 Engrossed -14- LRB093 02920 MKM 02936 b 1 violates this Section may be imprisoned not more than 6 2 months. 3 Section 80. Interim board of directors. 4 (a) Within 90 days after this Act becomes effective in a 5 county an interim board of directors shall be appointed. The 6 Board shall consist of 9 members. The president of the county 7 board shall appoint the members. The appointees shall 8 reflect minority groups, low-income persons, labor 9 organizations, business, women, senior citizens, and various 10 geographical areas in the county. No interim director 11 appointed under this Section may hold an elective position 12 in, or be employed by, federal, State, or local government. 13 (b) The interim board appointed under this Section 14 shall: 15 (1) As soon as possible after appointment, organize 16 for the transaction of business. 17 (2) Inform taxpayers of the existence, nature, and 18 purposes of the TAB, and encourage them to join the TAB, 19 to participate in the TAB's activities, and to contribute 20 to the TAB. 21 (3) Elect officers as provided under Section 95. 22 (4) Employ such staff as the interim directors deem 23 necessary to carry out the purposes of this Section. The 24 interim board appointed under this Section shall follow 25 the procedures required under Section 60 if it hires an 26 executive director. 27 (5) Make all necessary preparations for the first 28 election of directors, oversee the election campaign, and 29 tally the votes under Section 85. 30 (6) Solicit funds for the TAB. 31 (7) Carry out all other duties and exercise all 32 other powers accorded to the board under this Act 33 including the powers given to the TAB under Section 40. SB714 Engrossed -15- LRB093 02920 MKM 02936 b 1 Section 85. Nominations and elections. 2 (a) Eligibility. To be eligible for election to the 3 board, a candidate must: 4 (1) Meet the qualifications for directors under 5 Section 45. 6 (2) Have his or her nomination certified by the 7 board under subsection (b) of this Section. 8 (3) Submit a statement of financial interests to 9 the board as required by subsection (c) and a statement 10 of personal background and positions as required by 11 subsection (d). 12 (4) Make the affirmation under paragraph (5) of 13 subsection (c). 14 (b) Nomination. A candidate for election to the board 15 shall circulate or have a member of the TAB circulate a 16 petition for nomination on the candidate's behalf not sooner 17 than 120 days preceding the election and shall file the 18 petition with the TAB not later than 60 days before the 19 election. The petition for nomination for a director shall 20 be signed by at least 10 members residing in his or her 21 district. The board shall verify the validity of the 22 signatures by comparing them to the signatures on the 23 membership applications and the current list of members 24 maintained by the board. Within 14 days after the petition 25 is due, the board shall determine whether a sufficient number 26 of signatures are valid. If the board determines a 27 sufficient number are valid, it shall certify the nomination 28 of the candidate. 29 (c) Statement of financial interests. With his or her 30 petition for nomination, a candidate for election to the 31 board shall submit to the board a statement of financial 32 interests upon a form provided by the board. The statement 33 of financial interests shall include the following 34 information: SB714 Engrossed -16- LRB093 02920 MKM 02936 b 1 (1) The occupation, employer, and position at place 2 of employment of the candidate and his or her immediate 3 family members. 4 (2) A list of all corporate directorships or other 5 offices, and of all fiduciary relationships, held in the 6 past 3 years by the candidate and by his or her immediate 7 family members. 8 (3) The name of any creditor to whom the candidate 9 or a member of the candidate's immediate family owes 10 $10,000 or more. 11 (4) The name of any corporation in which the 12 candidate holds a security with a current market value of 13 $5,000 or more. 14 (5) An affirmation, subject to penalty of perjury, 15 that the information contained in the statement of 16 financial interest is true and complete. 17 (d) Statement of personal background and positions. A 18 candidate for election to the board shall submit to the board 19 with his or her petition for nomination, on a form to be 20 provided by the board, a statement concerning his or her 21 personal background and positions on issues relating to taxes 22 or the operations of the TAB. The statement shall contain an 23 affirmation, subject to penalty of perjury, that the 24 candidate meets the qualifications prescribed for directors 25 in subsection (b) of Section 45. 26 (e) Restrictions on, and reporting of, campaign 27 contributions and expenditures. 28 (1) No candidate may accept more than $200 in 29 campaign contributions from any person or political 30 committee for a period beginning one year before the date 31 of an election through the date of the election. 32 (2) Each candidate for election to the board shall 33 keep complete records of all contributions to his or her 34 campaign of $25 or more for a period beginning one year SB714 Engrossed -17- LRB093 02920 MKM 02936 b 1 before the date of an election through the date of the 2 election and, at the board's request, shall make these 3 records available for inspection by the board. 4 (3) As a condition for receiving the benefits of 5 the board's mailing under subsection (f), a candidate for 6 election to the board shall agree in writing to incur no 7 more than $1,500 in campaign expenditures from the time 8 he or she commences circulation of petitions for 9 nomination or from 4 months prior to the election, 10 whichever is earlier, through date of election. 11 (4) Each candidate for election to the board shall 12 keep complete records of his or her campaign expenditures 13 and, at the board's request, shall make the records 14 available for inspection by the board. 15 (5) No earlier than 14 days and no later than 8 16 days before the election, each candidate for election to 17 the board shall submit to the board, on a form provided 18 by the board, an accurate statement of his or her 19 campaign contributions, swearing that he or she has fully 20 complied with the requirements of this subsection. 21 (6) No candidate for election to the board may use 22 any campaign contribution for any purpose except for 23 campaign expenditures. Any campaign contribution not 24 expended shall be donated no later than 90 days after the 25 election to the TAB or to any charitable organization at 26 the option of the candidate. 27 (f) Election procedures. 28 (1) Not sooner than 30 and not later than 10 days 29 before the date fixed for the election, the board shall 30 mail or distribute, to each member's address on file with 31 the TAB, an official ballot listing all candidates for 32 director from the member's district who satisfy the 33 requirements of subsection (a). With the ballot, the 34 board shall include each candidate's statement of SB714 Engrossed -18- LRB093 02920 MKM 02936 b 1 financial interests submitted under subsection (c). With 2 each ballot the board shall also include the statement by 3 each candidate of personal background and positions as 4 required under subsection (d), if the candidate has 5 agreed in writing to limit his or her campaign 6 expenditures under subsection (e). 7 (2) Each member may vote in the election by 8 returning his or her official ballot in person or by 9 first class mail, properly marked, to the ballot return 10 location designated by the TAB. Ballots returned to the 11 location designated by the TAB must be postmarked on or 12 before the date fixed for the election or must be 13 received at the ballot return location designated by the 14 TAB on or before the date fixed for the election. 15 (3) Voting shall be by secret ballot. 16 (4) The board shall tally votes with all reasonable 17 speed and shall inform the membership promptly of the 18 names of the candidates elected. 19 (5) Within 30 days after the election, the board 20 for each district shall certify the candidate elected to 21 the board if the candidate has the most votes in the 22 district and if he or she has complied with this Section. 23 (6) If a vacancy in nomination occurs because no 24 candidate has filed for nomination, the board, by a 25 majority of those voting, shall appoint a member of the 26 TAB who resides in the district to be the candidate. 27 (7) If the candidate with the most votes dies, 28 declines, or resigns from candidacy before being 29 certified under paragraph (5), the office for which the 30 candidate ran shall be vacant and shall be filled by the 31 board as provided in paragraph (8). 32 (8) If a vacancy on the board occurs with more than 33 12 months remaining in the term, the board shall set a 34 date for a special election for the district for the SB714 Engrossed -19- LRB093 02920 MKM 02936 b 1 purpose of electing a director to serve out the term of 2 the vacant office and shall so notify every member in the 3 district. The election may be not less than 2 months nor 4 more than 4 months after the notification. An election 5 under this Section shall be conducted in the same manner 6 as other elections of directors. If less than 12 months 7 remains in the term of a director, the board may appoint 8 a member of the TAB who resides in the district where the 9 vacancy exists to be the director from that district. 10 (g) Election rules. The board may prescribe rules for 11 the conduct of elections and election campaigns consistent 12 with this Act. 13 Section 90. Public inspection of statements. Statements 14 filed with each TAB shall be available for public inspection 15 at the office of the TAB during reasonable hours of the day. 16 These records may be copied. The TAB may charge a reasonable 17 fee for the cost of the copies. 18 Section 95. Board officers. 19 (a) Election. The interim board of directors and the 20 board of directors, at the first regular meeting of each at 21 which a quorum is present, shall elect by a majority vote of 22 the directors present and voting a president, vice president, 23 secretary, and treasurer. The board may elect other officers 24 as it deems necessary. 25 (b) Term of office. 26 (1) Board officers shall begin serving immediately 27 upon their election and their term of office shall be one 28 year. After his or her term of office has expired, a 29 board officer shall continue to serve until his or her 30 successor is elected. 31 (2) If a board office is vacant, the board shall 32 elect a successor to serve out the term of the office. SB714 Engrossed -20- LRB093 02920 MKM 02936 b 1 (c) Powers and duties. Board officers shall exercise 2 powers and perform duties as prescribed by this Act or as 3 delegated to them by the board. 4 Section 100. Gifts; solicitations. 5 (a) No person may offer or give anything of monetary 6 value to any director, employee, or agent of a TAB if the 7 offer or gift influences or is intended to influence the 8 action or judgement of the director, employee, or agent of 9 the TAB in his or her capacity as director, employee, or 10 agent of the TAB. 11 (b) No director, employee, or agent of a TAB may solicit 12 or accept anything of monetary value from any person if the 13 solicitation or acceptance influences or is intended to 14 influence the official action or judgement of the director, 15 employee, or agent in his or her capacity as director, 16 employee, or agent of a TAB. 17 (c) Any person who knowingly and wilfully violates this 18 Section shall be fined not more than $1,000, imprisoned not 19 more than 6 months, or both. 20 (d) The board shall remove from office any director 21 convicted under this Section and shall fill that office as 22 provided in Section 85. 23 Section 105. Endorsement of political party or candidate. 24 A TAB may not sponsor, endorse, or otherwise support, nor may 25 it oppose, any political party or the candidacy of any person 26 for elected public office. 27 Section 110. Expenses; liabilities. All expenses of a TAB 28 incurred in carrying out this Act shall be payable solely 29 from the funding as provided under this Act and no liability 30 may be incurred by a TAB beyond the extent to which moneys 31 have been provided under this Act. For the purposes of SB714 Engrossed -21- LRB093 02920 MKM 02936 b 1 meeting the necessary expenses of postage, preparing, and 2 printing the enclosure, initial organization, and operation 3 of a TAB for the period commencing on the date this Act 4 becomes effective in the county and continuing until the 5 first election of the board of directors under Section 85, 6 however, the TAB or any individual on behalf of the TAB may 7 borrow money as it requires. Money so borrowed by the TAB or 8 any individual shall subsequently be repaid with appropriate 9 interest over a reasonable period of time. 10 Section 115. Dissolution. A TAB may dissolve or be 11 dissolved under the General Not For Profit Corporation Act of 12 1986. 13 Section 117. Tax levy; pledge of credit; obligations. A 14 TAB shall have no right or authority to levy any tax or 15 special assessment, to pledge the credit of the State or any 16 other subdivision or municipal corporation of the State, or 17 to incur any obligation enforceable upon any property within 18 or without the county in which the TAB operates. 19 Section 120. Construction. 20 (a) This Act, being necessary for the welfare of the 21 State and its inhabitants, shall be liberally construed to 22 effect its purposes. 23 (b) Nothing in this Act shall be construed to (i) limit 24 the right of any person to initiate, intervene in, or 25 otherwise participate in any regulatory agency proceeding or 26 court action, (ii) require any petition or notification to a 27 TAB as a condition precedent to the exercise of any right, or 28 (iii) relieve any regulatory agency or court of any 29 obligation, or to affect its discretion, to permit 30 intervention or participation by any person in any proceeding 31 or action. SB714 Engrossed -22- LRB093 02920 MKM 02936 b 1 Section 125. Severability. The provisions of this Act 2 are severable under Section 1.31 of the Statute on Statutes. 3 Section 999. Effective date. This Act takes effect upon 4 becoming law.