[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] |
91_SB1860ham002
LRB9102178REmbam01
1 AMENDMENT TO SENATE BILL 1860
2 AMENDMENT NO. . Amend Senate Bill 1860, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning membership, duties, rights, and
5 obligations of authorities, boards, commissions, committees,
6 and other appointed bodies."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Illinois Public Labor Relations Act is
10 amended by changing Sections 3, 5, 12, and 15.1 and adding
11 Section 5.1 as follows:
12 (5 ILCS 315/3) (from Ch. 48, par. 1603)
13 Sec. 3. Definitions. As used in this Act, unless the
14 context otherwise requires:
15 (a) "Board" or "governing board" means either the
16 Illinois State Labor Relations Board or, with respect to a
17 matter over which the jurisdiction of the Board is assigned
18 to the State Panel or the Local Panel under Section 5, the
19 panel having jurisdiction over the matter the Illinois Local
20 Labor Relations Board.
21 (b) "Collective bargaining" means bargaining over terms
-2- LRB9102178REmbam01
1 and conditions of employment, including hours, wages, and
2 other conditions of employment, as detailed in Section 7 and
3 which are not excluded by Section 4.
4 (c) "Confidential employee" means an employee who, in
5 the regular course of his or her duties, assists and acts in
6 a confidential capacity to persons who formulate, determine,
7 and effectuate management policies with regard to labor
8 relations or who, in the regular course of his or her duties,
9 has authorized access to information relating to the
10 effectuation or review of the employer's collective
11 bargaining policies.
12 (d) "Craft employees" means skilled journeymen, crafts
13 persons, and their apprentices and helpers.
14 (e) "Essential services employees" means those public
15 employees performing functions so essential that the
16 interruption or termination of the function will constitute a
17 clear and present danger to the health and safety of the
18 persons in the affected community.
19 (f) "Exclusive representative", except with respect to
20 non-State fire fighters and paramedics employed by fire
21 departments and fire protection districts, non-State peace
22 officers, and peace officers in the Department of State
23 Police, means the labor organization that has been (i)
24 designated by the Board as the representative of a majority
25 of public employees in an appropriate bargaining unit in
26 accordance with the procedures contained in this Act, (ii)
27 historically recognized by the State of Illinois or any
28 political subdivision of the State before July 1, 1984 (the
29 effective date of this Act) as the exclusive representative
30 of the employees in an appropriate bargaining unit, or (iii)
31 after July 1, 1984 (the effective date of this Act)
32 recognized by an employer upon evidence, acceptable to the
33 Board, that the labor organization has been designated as the
34 exclusive representative by a majority of the employees in an
-3- LRB9102178REmbam01
1 appropriate bargaining unit.
2 With respect to non-State fire fighters and paramedics
3 employed by fire departments and fire protection districts,
4 non-State peace officers, and peace officers in the
5 Department of State Police, "exclusive representative" means
6 the labor organization that has been (i) designated by the
7 Board as the representative of a majority of peace officers
8 or fire fighters in an appropriate bargaining unit in
9 accordance with the procedures contained in this Act, (ii)
10 historically recognized by the State of Illinois or any
11 political subdivision of the State before January 1, 1986
12 (the effective date of this amendatory Act of 1985) as the
13 exclusive representative by a majority of the peace officers
14 or fire fighters in an appropriate bargaining unit, or (iii)
15 after January 1, 1986 (the effective date of this amendatory
16 Act of 1985) recognized by an employer upon evidence,
17 acceptable to the Board, that the labor organization has been
18 designated as the exclusive representative by a majority of
19 the peace officers or fire fighters in an appropriate
20 bargaining unit.
21 (g) "Fair share agreement" means an agreement between
22 the employer and an employee organization under which all or
23 any of the employees in a collective bargaining unit are
24 required to pay their proportionate share of the costs of the
25 collective bargaining process, contract administration, and
26 pursuing matters affecting wages, hours, and other conditions
27 of employment, but not to exceed the amount of dues uniformly
28 required of members. The amount certified by the exclusive
29 representative shall not include any fees for contributions
30 related to the election or support of any candidate for
31 political office. Nothing in this subsection (g) shall
32 preclude an employee from making voluntary political
33 contributions in conjunction with his or her fair share
34 payment.
-4- LRB9102178REmbam01
1 (g-1) "Fire fighter" means, for the purposes of this Act
2 only, any person who has been or is hereafter appointed to a
3 fire department or fire protection district or employed by a
4 state university and sworn or commissioned to perform fire
5 fighter duties or paramedic duties, except that the following
6 persons are not included: part-time fire fighters, auxiliary,
7 reserve or voluntary fire fighters, including paid on-call
8 fire fighters, clerks and dispatchers or other civilian
9 employees of a fire department or fire protection district
10 who are not routinely expected to perform fire fighter
11 duties, or elected officials.
12 (g-2) "General Assembly of the State of Illinois" means
13 the legislative branch of the government of the State of
14 Illinois, as provided for under Article IV of the
15 Constitution of the State of Illinois, and includes but is
16 not limited to the House of Representatives, the Senate, the
17 Speaker of the House of Representatives, the Minority Leader
18 of the House of Representatives, the President of the Senate,
19 the Minority Leader of the Senate, the Joint Committee on
20 Legislative Support Services and any legislative support
21 services agency listed in the Legislative Commission
22 Reorganization Act of 1984.
23 (h) "Governing body" means, in the case of the State,
24 the State Panel of the Illinois Labor Relations Board, the
25 Director of the Department of Central Management Services,
26 and the Director of the Department of Labor; the county board
27 in the case of a county; the corporate authorities in the
28 case of a municipality; and the appropriate body authorized
29 to provide for expenditures of its funds in the case of any
30 other unit of government.
31 (i) "Labor organization" means any organization in which
32 public employees participate and that exists for the purpose,
33 in whole or in part, of dealing with a public employer
34 concerning wages, hours, and other terms and conditions of
-5- LRB9102178REmbam01
1 employment, including the settlement of grievances.
2 (j) "Managerial employee" means an individual who is
3 engaged predominantly in executive and management functions
4 and is charged with the responsibility of directing the
5 effectuation of management policies and practices.
6 (k) "Peace officer" means, for the purposes of this Act
7 only, any persons who have been or are hereafter appointed to
8 a police force, department, or agency and sworn or
9 commissioned to perform police duties, except that the
10 following persons are not included: part-time police
11 officers, special police officers, auxiliary police as
12 defined by Section 3.1-30-20 of the Illinois Municipal Code,
13 night watchmen, "merchant police", court security officers as
14 defined by Section 3-6012.1 of the Counties Code, temporary
15 employees, traffic guards or wardens, civilian parking meter
16 and parking facilities personnel or other individuals
17 specially appointed to aid or direct traffic at or near
18 schools or public functions or to aid in civil defense or
19 disaster, parking enforcement employees who are not
20 commissioned as peace officers and who are not armed and who
21 are not routinely expected to effect arrests, parking lot
22 attendants, clerks and dispatchers or other civilian
23 employees of a police department who are not routinely
24 expected to effect arrests, or elected officials.
25 (l) "Person" includes one or more individuals, labor
26 organizations, public employees, associations, corporations,
27 legal representatives, trustees, trustees in bankruptcy,
28 receivers, or the State of Illinois or any political
29 subdivision of the State or governing body, but does not
30 include the General Assembly of the State of Illinois or any
31 individual employed by the General Assembly of the State of
32 Illinois.
33 (m) "Professional employee" means any employee engaged
34 in work predominantly intellectual and varied in character
-6- LRB9102178REmbam01
1 rather than routine mental, manual, mechanical or physical
2 work; involving the consistent exercise of discretion and
3 adjustment in its performance; of such a character that the
4 output produced or the result accomplished cannot be
5 standardized in relation to a given period of time; and
6 requiring advanced knowledge in a field of science or
7 learning customarily acquired by a prolonged course of
8 specialized intellectual instruction and study in an
9 institution of higher learning or a hospital, as
10 distinguished from a general academic education or from
11 apprenticeship or from training in the performance of routine
12 mental, manual, or physical processes; or any employee who
13 has completed the courses of specialized intellectual
14 instruction and study prescribed in this subsection (m) and
15 is performing related work under the supervision of a
16 professional person to qualify to become a professional
17 employee as defined in this subsection (m).
18 (n) "Public employee" or "employee", for the purposes of
19 this Act, means any individual employed by a public employer,
20 including interns and residents at public hospitals, but
21 excluding all of the following: employees of the General
22 Assembly of the State of Illinois; elected officials;
23 executive heads of a department; members of boards or
24 commissions; employees of any agency, board or commission
25 created by this Act; employees appointed to State positions
26 of a temporary or emergency nature; all employees of school
27 districts and higher education institutions except
28 firefighters and peace officers employed by a state
29 university; managerial employees; short-term employees;
30 confidential employees; independent contractors; and
31 supervisors except as provided in this Act.
32 Notwithstanding Section 9, subsection (c), or any other
33 provisions of this Act, all peace officers above the rank of
34 captain in municipalities with more than 1,000,000
-7- LRB9102178REmbam01
1 inhabitants shall be excluded from this Act.
2 (o) "Public employer" or "employer" means the State of
3 Illinois; any political subdivision of the State, unit of
4 local government or school district; authorities including
5 departments, divisions, bureaus, boards, commissions, or
6 other agencies of the foregoing entities; and any person
7 acting within the scope of his or her authority, express or
8 implied, on behalf of those entities in dealing with its
9 employees. "Public employer" or "employer" as used in this
10 Act, however, does not mean and shall not include the General
11 Assembly of the State of Illinois and educational employers
12 or employers as defined in the Illinois Educational Labor
13 Relations Act, except with respect to a state university in
14 its employment of firefighters and peace officers. County
15 boards and county sheriffs shall be designated as joint or
16 co-employers of county peace officers appointed under the
17 authority of a county sheriff. Nothing in this subsection
18 (o) shall be construed to prevent the State Panel Board or
19 the Local Panel Board from determining that employers are
20 joint or co-employers.
21 (p) "Security employee" means an employee who is
22 responsible for the supervision and control of inmates at
23 correctional facilities. The term also includes other
24 non-security employees in bargaining units having the
25 majority of employees being responsible for the supervision
26 and control of inmates at correctional facilities.
27 (q) "Short-term employee" means an employee who is
28 employed for less than 2 consecutive calendar quarters during
29 a calendar year and who does not have a reasonable assurance
30 that he or she will be rehired by the same employer for the
31 same service in a subsequent calendar year.
32 (r) "Supervisor" is an employee whose principal work is
33 substantially different from that of his or her subordinates
34 and who has authority, in the interest of the employer, to
-8- LRB9102178REmbam01
1 hire, transfer, suspend, lay off, recall, promote, discharge,
2 direct, reward, or discipline employees, to adjust their
3 grievances, or to effectively recommend any of those actions,
4 if the exercise of that authority is not of a merely routine
5 or clerical nature, but requires the consistent use of
6 independent judgment. Except with respect to police
7 employment, the term "supervisor" includes only those
8 individuals who devote a preponderance of their employment
9 time to exercising that authority, State supervisors
10 notwithstanding. In addition, in determining supervisory
11 status in police employment, rank shall not be determinative.
12 The Board shall consider, as evidence of bargaining unit
13 inclusion or exclusion, the common law enforcement policies
14 and relationships between police officer ranks and
15 certification under applicable civil service law, ordinances,
16 personnel codes, or Division 2.1 of Article 10 of the
17 Illinois Municipal Code, but these factors shall not be the
18 sole or predominant factors considered by the Board in
19 determining police supervisory status.
20 Notwithstanding the provisions of the preceding
21 paragraph, in determining supervisory status in fire fighter
22 employment, no fire fighter shall be excluded as a supervisor
23 who has established representation rights under Section 9 of
24 this Act. Further, in new fire fighter units, employees
25 shall consist of fire fighters of the rank of company officer
26 and below. If a company officer otherwise qualifies as a
27 supervisor under the preceding paragraph, however, he or she
28 shall not be included in the fire fighter unit. If there is
29 no rank between that of chief and the highest company
30 officer, the employer may designate a position on each shift
31 as a Shift Commander, and the persons occupying those
32 positions shall be supervisors. All other ranks above that
33 of company officer shall be supervisors.
34 (s) (1) "Unit" means a class of jobs or positions that
-9- LRB9102178REmbam01
1 are held by employees whose collective interests may
2 suitably be represented by a labor organization for
3 collective bargaining. Except with respect to non-State
4 fire fighters and paramedics employed by fire departments
5 and fire protection districts, non-State peace officers,
6 and peace officers in the Department of State Police, a
7 bargaining unit determined by the Board shall not include
8 both employees and supervisors, or supervisors only,
9 except as provided in paragraph (2) of this subsection
10 (s) and except for bargaining units in existence on July
11 1, 1984 (the effective date of this Act). With respect
12 to non-State fire fighters and paramedics employed by
13 fire departments and fire protection districts, non-State
14 peace officers, and peace officers in the Department of
15 State Police, a bargaining unit determined by the Board
16 shall not include both supervisors and nonsupervisors, or
17 supervisors only, except as provided in paragraph (2) of
18 this subsection (s) and except for bargaining units in
19 existence on January 1, 1986 (the effective date of this
20 amendatory Act of 1985). A bargaining unit determined by
21 the Board to contain peace officers shall contain no
22 employees other than peace officers unless otherwise
23 agreed to by the employer and the labor organization or
24 labor organizations involved. Notwithstanding any other
25 provision of this Act, a bargaining unit, including a
26 historical bargaining unit, containing sworn peace
27 officers of the Department of Natural Resources (formerly
28 designated the Department of Conservation) shall contain
29 no employees other than such sworn peace officers upon
30 the effective date of this amendatory Act of 1990 or upon
31 the expiration date of any collective bargaining
32 agreement in effect upon the effective date of this
33 amendatory Act of 1990 covering both such sworn peace
34 officers and other employees.
-10- LRB9102178REmbam01
1 (2) Notwithstanding the exclusion of supervisors
2 from bargaining units as provided in paragraph (1) of
3 this subsection (s), a public employer may agree to
4 permit its supervisory employees to form bargaining units
5 and may bargain with those units. This Act shall apply
6 if the public employer chooses to bargain under this
7 subsection.
8 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
9 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
10 6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.)
11 (5 ILCS 315/5) (from Ch. 48, par. 1605)
12 Sec. 5. Illinois Labor Relations Board; State Panel;
13 Local Panel Boards.
14 (a) There is created the Illinois Labor Relations Board.
15 The Board shall be comprised of 2 panels, to be known as the
16 State Panel and the Local Panel.
17 (a-5) The State Panel Illinois State Labor Relations
18 Board ("State Board") which shall have jurisdiction over
19 collective bargaining matters between employee organizations
20 and the State of Illinois, excluding the General Assembly of
21 the State of Illinois, between employee organizations and
22 units of local government and school districts with a
23 population not in excess of 2 1 million persons, and between
24 employee organizations and the Regional Transportation
25 Authority.
26 The State Panel Board shall consist of 5 3 members
27 appointed by the Governor, with the advice and consent of the
28 Senate. The Governor shall appoint to the State Panel Board
29 only persons who have had a minimum of 5 years of experience
30 directly related to labor and employment relations in
31 representing public employers, private employers or labor
32 organizations; or teaching labor or employment relations; or
33 administering executive orders or regulations applicable to
-11- LRB9102178REmbam01
1 labor or employment relations. At the time of his or her
2 appointment, each member of the State Panel Board shall be an
3 Illinois resident. The Governor shall designate one member
4 to serve as the Chairman of the State Panel and the Board.
5 The initial appointments under this amendatory Act of the
6 91st General Assembly shall be for terms as follows: The
7 Chairman shall initially be appointed for a term ending on
8 the 4th Monday in January, 2001; 2 members shall be initially
9 appointed for terms ending on the 4th Monday in January,
10 2002; one member shall be initially appointed for a term
11 ending on the 4th Monday in January, 2003; and one member
12 shall be initially appointed for a term ending on the 4th
13 Monday in January, 2004. of two years. The second member
14 shall serve for a term of 3 years, and the third member shall
15 serve a term of 4 years. Each subsequent member shall be
16 appointed for a term of 4 years, commencing on the 4th Monday
17 in January. Upon expiration of the term of office of any
18 appointive member, that member shall continue to serve until
19 a successor shall be appointed and qualified. In case of a
20 vacancy, a successor shall be appointed to serve for the
21 unexpired portion of the term. The terms of members shall
22 commence on the 4th Monday in January of the year they are
23 appointed except that If the Senate is not in session at the
24 time the initial appointments are made, the Governor shall
25 make temporary appointments in the same manner successors are
26 appointed to fill vacancies. A temporary appointment shall
27 remain in effect no longer than 20 calendar days after the
28 commencement of the next Senate session.
29 (b) The Local Panel There is created the Illinois Local
30 Labor Relations Board ("Local Board") which shall have
31 jurisdiction over collective bargaining agreement matters
32 between employee organizations and units of local government
33 with a population in excess of 2 1 million persons, but
34 excluding the Regional Transportation Authority.
-12- LRB9102178REmbam01
1 The Local Panel Board shall consist of one person
2 appointed by the Governor with the advice and consent of the
3 Senate (or, if no such person is appointed, the Chairman of
4 the State Panel) Board and two additional members, one
5 appointed by the Mayor of the City of Chicago and one
6 appointed by the President of the Cook County Board of
7 Commissioners. Appointees to the Local Panel Board must have
8 had a minimum of 5 years of experience directly related to
9 labor and employment relations in representing public
10 employers, private employers or labor organizations; or
11 teaching labor or employment relations; or administering
12 executive orders or regulations applicable to labor or
13 employment relations. Each member of the Local Panel Board
14 shall be an Illinois resident at the time of his or her
15 appointment. The member appointed by the Governor (or, if no
16 such person is appointed, the Chairman of the State Panel)
17 Board shall serve as the Chairman of the Local Panel Board.
18 The initial appointments under this amendatory Act of the
19 91st General Assembly shall be for terms as follows: The
20 member appointed by the Governor shall initially be appointed
21 for a term ending on the 4th Monday in January, 2001; the
22 member initially appointed by the President of the Cook
23 County Board shall be initially appointed for a term ending
24 on the 4th Monday in January, 2003; serve for a term of 3
25 years and the member appointed by the Mayor of the City of
26 Chicago shall be initially appointed for a term ending on the
27 4th Monday in January, 2004 serve for a term of 4 years.
28 Each subsequent member shall be appointed for a term of 4
29 years, commencing on the 4th Monday in January. Upon
30 expiration of the term of office of any appointive member,
31 the member shall continue to serve until a successor shall be
32 appointed and qualified. In the case of a vacancy, a
33 successor shall be appointed by the applicable appointive
34 authority to serve for the unexpired portion of the term.
-13- LRB9102178REmbam01
1 The terms of members shall commence on the 4th Monday in
2 January of the year they are appointed.
3 (c) Three Two members of the State Panel each governing
4 Board shall at all times constitute a quorum. Two members of
5 the Local Panel shall at all times constitute a quorum. A
6 vacancy on a panel governing Board does not impair the right
7 of the 2 remaining members to exercise all of the powers of
8 that panel Board. Each panel governing board shall adopt an
9 official seal which shall be judicially noticed. The salary
10 of the Chairman of the State Panel shall be $82,429 $50,000
11 per year, or as set by the Compensation Review Board,
12 whichever is greater, and that of the other members of the
13 State and Local Panels Board and the Local Board shall be
14 $74,188 $45,000 per year, or as set by the Compensation
15 Review Board, whichever is greater.
16 (d) No member shall hold any other public office or be
17 employed as a labor or management representative by the State
18 or any political subdivision of the State or of any
19 department or agency thereof, or actively represent or act on
20 behalf of an employer or an employee organization or an
21 employer in labor relations matters. Any member of the State
22 Panel Board may be removed from office by the Governor for
23 inefficiency, neglect of duty, misconduct or malfeasance in
24 office, and for no other cause, and only upon notice and
25 hearing. Any member of the Local Panel Board may be removed
26 from office by the applicable appointive authority for
27 inefficiency, neglect of duty, misconduct or malfeasance in
28 office, and for no other cause, and only upon notice and
29 hearing.
30 (e) Each panel governing board at the end of every State
31 fiscal year shall make a report in writing to the Governor
32 and the General Assembly, stating in detail the work it has
33 done in hearing and deciding cases and otherwise.
34 (f) In order to accomplish the objectives and carry out
-14- LRB9102178REmbam01
1 the duties prescribed by this Act, a panel or its the
2 governing boards or their authorized designees may hold
3 elections to determine whether a labor organization has
4 majority status; investigate and attempt to resolve or settle
5 charges of unfair labor practices; hold hearings in order to
6 carry out its functions; develop and effectuate appropriate
7 impasse resolution procedures for purposes of resolving labor
8 disputes; require the appearance of witnesses and the
9 production of evidence on any matter under inquiry; and
10 administer oaths and affirmations. The panels governing
11 boards shall sign and report in full an opinion in every case
12 which they decide.
13 (g) Each panel governing board may appoint or employ an
14 executive director, attorneys, hearing officers, mediators,
15 fact-finders, arbitrators, and such other employees as it may
16 they deem necessary to perform its their functions. The
17 governing boards shall prescribe the duties and
18 qualifications of such persons appointed and, subject to the
19 annual appropriation, fix their compensation and provide for
20 reimbursement of actual and necessary expenses incurred in
21 the performance of their duties.
22 (h) Each panel governing board shall exercise general
23 supervision over all attorneys which it employs and over the
24 other persons employed to provide necessary support services
25 for such attorneys. The panels governing boards shall have
26 final authority in respect to complaints brought pursuant to
27 this Act.
28 (i) The following rules and regulations shall be adopted
29 by the panels governing boards meeting in joint session: (1)
30 procedural rules and regulations which shall govern all Board
31 proceedings; (2) procedures for election of exclusive
32 bargaining representatives pursuant to Section 9, except for
33 the determination of appropriate bargaining units; and (3)
34 appointment of counsel pursuant to subsection (k) of this
-15- LRB9102178REmbam01
1 Section.
2 (j) Rules and regulations may be adopted, amended or
3 rescinded only upon a vote of 5 four of the five members of
4 the State Board and the Local Panels Board meeting in joint
5 session. The adoption, amendment or rescission of rules and
6 regulations shall be in conformity with the requirements of
7 the Illinois Administrative Procedure Act.
8 (k) The panels Governing Boards in joint session shall
9 promulgate rules and regulations providing for the
10 appointment of attorneys or other Board representatives to
11 represent persons in unfair labor practice proceedings before
12 a panel governing board. The regulations governing
13 appointment shall require the applicant to demonstrate an
14 inability to pay for or inability to otherwise provide for
15 adequate representation before a panel governing board. Such
16 rules must also provide: (1) that an attorney may not be
17 appointed in cases which, in the opinion of a panel Board,
18 are clearly without merit; (2) the stage of the unfair labor
19 proceeding at which counsel will be appointed; and (3) the
20 circumstances under which a client will be allowed to select
21 counsel.
22 (1) The panels governing boards in joint session may
23 promulgate rules and regulations which allow parties in
24 proceedings before a panel governing board to be represented
25 by counsel or any other representative of the party's choice.
26 (m) The Chairman of the State Panel governing boards
27 shall serve as Chairman of a joint session of the panels
28 governing boards. Attendance of at least 2 members of the
29 State Panel and at least one member of the Local Panel from
30 each governing Board, in addition to the Chairman, shall
31 constitute a quorum at a joint session. The panels governing
32 boards shall meet in joint session within 60 days of the
33 effective date of this Act and at least annually thereafter.
34 (Source: P.A. 85-1440.)
-16- LRB9102178REmbam01
1 (5 ILCS 315/5.1 new)
2 Sec. 5.1. Dissolution of Illinois State Labor Relations
3 Board and Illinois Local Labor Relations Board; transfer and
4 savings provisions.
5 (a) The Illinois State Labor Relations Board is
6 dissolved. The State Panel of the Illinois Labor Relations
7 Board, created by this amendatory Act of the 91st General
8 Assembly, shall succeed to all of the powers, duties, rights,
9 and property, including contractual rights and obligations,
10 of the Illinois State Labor Relations Board. Rules,
11 procedures, and decisions of the Illinois State Labor
12 Relations Board in effect at the time of its dissolution
13 shall be deemed to be those of the State Panel of the
14 Illinois Labor Relations Board. Matters pending before the
15 Illinois State Labor Relations Board at the time of its
16 dissolution shall continue as matters before the State Panel
17 of the Illinois Labor Relations Board. The State Panel of the
18 Illinois Labor Relations Board shall be deemed successor in
19 interest to the Illinois State Labor Relations Board for the
20 purposes of any pending litigation.
21 (b) The Illinois Local Labor Relations Board is
22 dissolved. The Local Panel of the Illinois Labor Relations
23 Board, created by this amendatory Act of the 91st General
24 Assembly, shall succeed to all of the powers, duties, rights,
25 and property, including contractual rights and obligations,
26 of the Illinois Local Labor Relations Board. Rules,
27 procedures, and decisions of the Illinois Local Labor
28 Relations Board in effect at the time of its dissolution
29 shall be deemed to be those of the Local Panel of the
30 Illinois Labor Relations Board. Matters pending before the
31 Illinois Local Labor Relations Board at the time of its
32 dissolution shall continue as matters before the Local Panel
33 of the Illinois Labor Relations Board. The Local Panel of the
34 Illinois Labor Relations Board shall be deemed successor in
-17- LRB9102178REmbam01
1 interest to the Illinois Local Labor Relations Board for the
2 purposes of any pending litigation.
3 (c) Rules and procedures adopted jointly by the Illinois
4 State Labor Relations Board and the Illinois Local Labor
5 Relations Board that are in effect at the time of the
6 dissolution of those Boards shall be deemed to have been
7 adopted jointly by the State and Local Panels of the Illinois
8 Labor Relations Board.
9 (d) Fiscal Year 2000 appropriations to the Illinois
10 State Labor Relations Board and the Illinois Local Labor
11 Relations Board may be expended by the Illinois Labor
12 Relations Board.
13 (e) Persons employed by the Illinois State Labor
14 Relations Board or the Illinois Local Labor Relations Board
15 on the date of the dissolution of those Boards shall
16 thereupon become employees, respectively, of the State Panel
17 or the Local Panel of the Illinois Labor Relations Board,
18 without loss of seniority or accrued benefits.
19 (5 ILCS 315/12) (from Ch. 48, par. 1612)
20 Sec. 12. Mediation.
21 (a) The State and Local Panels governing Boards in joint
22 session shall establish a Public Employees Mediation Roster,
23 the services of which shall be available to public employers
24 and to labor organizations upon request of the parties for
25 the purposes of mediation of grievances or contract disputes.
26 Upon the request of either party, services of the Public
27 Employees Mediation Roster shall be available for purposes of
28 arbitrating disputes over interpretation or application of
29 the terms of an agreement pursuant to Section 8. The members
30 of the Roster shall be appointed by majority vote of the
31 members of both panels Boards. Members shall be impartial,
32 competent, and reputable citizens of the United States,
33 residents of the State of Illinois, and shall qualify by
-18- LRB9102178REmbam01
1 taking and subscribing to the constitutional oath or
2 affirmation of office. The function of the mediator shall be
3 to communicate with the employer and exclusive representative
4 or their representatives and to endeavor to bring about an
5 amicable and voluntary settlement. Compensation of Roster
6 members for services performed as mediators shall be paid
7 equally by the parties to a mediated labor dispute. The Board
8 shall have authority to promulgate regulations setting
9 compensation levels for members of the Roster, and
10 establishing procedures for suspension or dismissal of
11 mediators for good cause shown following hearing.
12 (b) A mediator in a mediated labor dispute shall be
13 selected by the Board from among the members of the Roster.
14 (c) Nothing in this Act or any other law prohibits the
15 use of other mediators selected by the parties for the
16 resolution of disputes over interpretation or application of
17 the terms or conditions of the collective bargaining
18 agreements between a public employer and a labor
19 organization.
20 (d) If requested by the parties to a labor dispute, a
21 mediator may perform fact-finding as set forth in Section 13.
22 (Source: P.A. 83-1012.)
23 (5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
24 Sec. 15.1. Precedents established by other labor boards.
25 Unless contradicted by administrative precedent previously
26 established by the State Panel Board, all final decisions in
27 representation and unfair labor practice cases decided by the
28 Local Panel Board and the Illinois Educational Labor
29 Relations Board created under the Illinois Educational Labor
30 Relations Act which have not been reversed by subsequent
31 court rulings, shall be considered, but need not be followed
32 by the State Panel Board.
33 Unless contradicted by administrative precedent
-19- LRB9102178REmbam01
1 previously established by the Local Panel Board, all final
2 decisions in representation and unfair labor practice cases
3 decided by the State Panel Board and the Illinois Educational
4 Labor Relations Board which have not been reversed by
5 subsequent court rulings, shall be considered, but need not
6 be followed by the Local Panel Board.
7 (Source: P.A. 85-924.)
8 Section 10. The Civil Administrative Code of Illinois is
9 amended by changing Section 5-560 as follows:
10 (20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
11 Sec. 5-560. In the Department of Natural Resources. An
12 Advisory Board to the Department of Natural Resources,
13 composed of 13 11 persons, one of whom shall be a senior
14 citizen age 60 or over.
15 In the appointment of the initial members the Governor
16 shall designate 3 persons to serve for 2 years, 3 for 4
17 years, and 3 for 6 years from the third Monday in January of
18 the odd-numbered year in which the term commences. The
19 members first appointed under this amendatory Act of 1984
20 shall serve a term of 6 years commencing on the third Monday
21 in January, 1985. The members first appointed under this
22 amendatory Act of the 91st General Assembly shall each be
23 appointed to a term of office to expire on the third Monday
24 in January of 2006. All subsequent appointments shall be for
25 terms of 6 years.
26 The Advisory Board shall formulate long range policies
27 for guidance of the Department in: the protection and
28 conservation of renewable resources of the State of Illinois;
29 the development of areas and facilities for outdoor
30 recreation; the prevention of timber destruction and other
31 forest growth by fire or otherwise; the reforestation of
32 suitable lands of this State; the extension of cooperative
-20- LRB9102178REmbam01
1 support to other agencies of this State in preventing and
2 guarding against the pollution of streams and lakes within
3 the State; the management of the wildlife resources,
4 including migratory fowl, and fisheries resources, including
5 the construction of new water impoundment areas; the
6 development of an adequate research program for fish, game,
7 and forestry through cooperation with and support of the
8 Illinois Natural History Survey; and the expressing of
9 policies for proper dissemination of and enforcement of the
10 various laws pertinent to the conservation program of
11 Illinois and the nation.
12 The Board shall make a study of the personnel structure
13 of the Department and shall, from time to time, make
14 recommendations to the Governor and the Director of Natural
15 Resources for a merit system of employment and for the
16 revision of the position classification to the extent which
17 Civil Service classification should apply in departmental
18 positions.
19 The Board shall make studies of the land acquisition
20 needs of the Department and recommendations from time to time
21 as to necessary acquisition of lands for fisheries, game,
22 forestry, and recreational development.
23 The Board may recommend to the Director of Natural
24 Resources any reductions or increases of seasons and bag or
25 possession limits or the closure of any season when research
26 and inventory data indicate the need for those changes.
27 Board members shall be reimbursed for any necessary
28 travel expenses incurred in the performance of their duties.
29 (Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00.)
30 Section 15. The Illinois Act on the Aging is amended by
31 changing Section 4.02 as follows:
32 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
-21- LRB9102178REmbam01
1 Sec. 4.02. The Department shall establish a program of
2 services to prevent unnecessary institutionalization of
3 persons age 60 and older in need of long term care or who are
4 established as persons who suffer from Alzheimer's disease or
5 a related disorder under the Alzheimer's Disease Assistance
6 Act, thereby enabling them to remain in their own homes or in
7 other living arrangements. Such preventive services, which
8 may be coordinated with other programs for the aged and
9 monitored by area agencies on aging in cooperation with the
10 Department, may include, but are not limited to, any or all
11 of the following:
12 (a) home health services;
13 (b) home nursing services;
14 (c) homemaker services;
15 (d) chore and housekeeping services;
16 (e) day care services;
17 (f) home-delivered meals;
18 (g) education in self-care;
19 (h) personal care services;
20 (i) adult day health services;
21 (j) habilitation services;
22 (k) respite care;
23 (l) other nonmedical social services that may enable the
24 person to become self-supporting; or
25 (m) clearinghouse for information provided by senior
26 citizen home owners who want to rent rooms to or share living
27 space with other senior citizens.
28 The Department shall establish eligibility standards for
29 such services taking into consideration the unique economic
30 and social needs of the target population for whom they are
31 to be provided. Such eligibility standards shall be based on
32 the recipient's ability to pay for services; provided,
33 however, that in determining the amount and nature of
34 services for which a person may qualify, consideration shall
-22- LRB9102178REmbam01
1 not be given to the value of cash, property or other assets
2 held in the name of the person's spouse pursuant to a written
3 agreement dividing marital property into equal but separate
4 shares or pursuant to a transfer of the person's interest in
5 a home to his spouse, provided that the spouse's share of the
6 marital property is not made available to the person seeking
7 such services. The Department shall, in conjunction with the
8 Department of Public Aid, seek appropriate amendments under
9 Sections 1915 and 1924 of the Social Security Act. The
10 purpose of the amendments shall be to extend eligibility for
11 home and community based services under Sections 1915 and
12 1924 of the Social Security Act to persons who transfer to or
13 for the benefit of a spouse those amounts of income and
14 resources allowed under Section 1924 of the Social Security
15 Act. Subject to the approval of such amendments, the
16 Department shall extend the provisions of Section 5-4 of the
17 Illinois Public Aid Code to persons who, but for the
18 provision of home or community-based services, would require
19 the level of care provided in an institution, as is provided
20 for in federal law. Those persons no longer found to be
21 eligible for receiving noninstitutional services due to
22 changes in the eligibility criteria shall be given 60 days
23 notice prior to actual termination. Those persons receiving
24 notice of termination may contact the Department and request
25 the determination be appealed at any time during the 60 day
26 notice period. With the exception of the lengthened notice
27 and time frame for the appeal request, the appeal process
28 shall follow the normal procedure. In addition, each person
29 affected regardless of the circumstances for discontinued
30 eligibility shall be given notice and the opportunity to
31 purchase the necessary services through the Community Care
32 Program. If the individual does not elect to purchase
33 services, the Department shall advise the individual of
34 alternative services. The target population identified for
-23- LRB9102178REmbam01
1 the purposes of this Section are persons age 60 and older
2 with an identified service need. Priority shall be given to
3 those who are at imminent risk of institutionalization. The
4 services shall be provided to eligible persons age 60 and
5 older to the extent that the cost of the services together
6 with the other personal maintenance expenses of the persons
7 are reasonably related to the standards established for care
8 in a group facility appropriate to the person's condition.
9 These non-institutional services, pilot projects or
10 experimental facilities may be provided as part of or in
11 addition to those authorized by federal law or those funded
12 and administered by the Department of Human Services. The
13 Departments of Human Services, Public Aid, Public Health,
14 Veterans' Affairs, and Commerce and Community Affairs and
15 other appropriate agencies of State, federal and local
16 governments shall cooperate with the Department on Aging in
17 the establishment and development of the non-institutional
18 services. The Department shall require an annual audit from
19 all chore/housekeeping and homemaker vendors contracting with
20 the Department under this Section. The annual audit shall
21 assure that each audited vendor's procedures are in
22 compliance with Department's financial reporting guidelines
23 requiring a 27% administrative cost split and a 73% employee
24 wages and benefits cost split. The audit is a public record
25 under the Freedom of Information Act. The Department shall
26 execute, relative to the nursing home prescreening project,
27 written inter-agency agreements with the Department of Human
28 Services and the Department of Public Aid, to effect the
29 following: (1) intake procedures and common eligibility
30 criteria for those persons who are receiving
31 non-institutional services; and (2) the establishment and
32 development of non-institutional services in areas of the
33 State where they are not currently available or are
34 undeveloped. On and after July 1, 1996, all nursing home
-24- LRB9102178REmbam01
1 prescreenings for individuals 60 years of age or older shall
2 be conducted by the Department.
3 The Department is authorized to establish a system of
4 recipient copayment for services provided under this Section,
5 such copayment to be based upon the recipient's ability to
6 pay but in no case to exceed the actual cost of the services
7 provided. Additionally, any portion of a person's income
8 which is equal to or less than the federal poverty standard
9 shall not be considered by the Department in determining the
10 copayment. The level of such copayment shall be adjusted
11 whenever necessary to reflect any change in the officially
12 designated federal poverty standard.
13 The Department, or the Department's authorized
14 representative, shall recover the amount of moneys expended
15 for services provided to or in behalf of a person under this
16 Section by a claim against the person's estate or against the
17 estate of the person's surviving spouse, but no recovery may
18 be had until after the death of the surviving spouse, if any,
19 and then only at such time when there is no surviving child
20 who is under age 21, blind, or permanently and totally
21 disabled. This paragraph, however, shall not bar recovery,
22 at the death of the person, of moneys for services provided
23 to the person or in behalf of the person under this Section
24 to which the person was not entitled; provided that such
25 recovery shall not be enforced against any real estate while
26 it is occupied as a homestead by the surviving spouse or
27 other dependent, if no claims by other creditors have been
28 filed against the estate, or, if such claims have been filed,
29 they remain dormant for failure of prosecution or failure of
30 the claimant to compel administration of the estate for the
31 purpose of payment. This paragraph shall not bar recovery
32 from the estate of a spouse, under Sections 1915 and 1924 of
33 the Social Security Act and Section 5-4 of the Illinois
34 Public Aid Code, who precedes a person receiving services
-25- LRB9102178REmbam01
1 under this Section in death. All moneys for services paid to
2 or in behalf of the person under this Section shall be
3 claimed for recovery from the deceased spouse's estate.
4 "Homestead", as used in this paragraph, means the dwelling
5 house and contiguous real estate occupied by a surviving
6 spouse or relative, as defined by the rules and regulations
7 of the Illinois Department of Public Aid, regardless of the
8 value of the property.
9 The Department shall develop procedures to enhance
10 availability of services on evenings, weekends, and on an
11 emergency basis to meet the respite needs of caregivers.
12 Procedures shall be developed to permit the utilization of
13 services in successive blocks of 24 hours up to the monthly
14 maximum established by the Department. Workers providing
15 these services shall be appropriately trained.
16 The Department shall work in conjunction with the
17 Alzheimer's Task Force and members of the Alzheimer's
18 Association and other senior citizens' organizations in
19 developing these procedures by December 30, 1991.
20 Beginning on the effective date of this Amendatory Act of
21 1991, no person may perform chore/housekeeping and homemaker
22 services under a program authorized by this Section unless
23 that person has been issued a certificate of pre-service to
24 do so by his or her employing agency. Information gathered
25 to effect such certification shall include (i) the person's
26 name, (ii) the date the person was hired by his or her
27 current employer, and (iii) the training, including dates and
28 levels. Persons engaged in the program authorized by this
29 Section before the effective date of this amendatory Act of
30 1991 shall be issued a certificate of all pre- and in-service
31 training from his or her employer upon submitting the
32 necessary information. The employing agency shall be
33 required to retain records of all staff pre- and in-service
34 training, and shall provide such records to the Department
-26- LRB9102178REmbam01
1 upon request and upon termination of the employer's contract
2 with the Department. In addition, the employing agency is
3 responsible for the issuance of certifications of in-service
4 training completed to their employees.
5 The Department is required to develop a system to ensure
6 that persons working as homemakers and chore housekeepers
7 receive increases in their wages when the federal minimum
8 wage is increased by requiring vendors to certify that they
9 are meeting the federal minimum wage statute for homemakers
10 and chore housekeepers. An employer that cannot ensure that
11 the minimum wage increase is being given to homemakers and
12 chore housekeepers shall be denied any increase in
13 reimbursement costs.
14 The Department on Aging and the Department of Human
15 Services shall cooperate in the development and submission of
16 an annual report on programs and services provided under this
17 Section. Such joint report shall be filed with the Governor
18 and the General Assembly on or before September 30 each year.
19 The requirement for reporting to the General Assembly
20 shall be satisfied by filing copies of the report with the
21 Speaker, the Minority Leader and the Clerk of the House of
22 Representatives and the President, the Minority Leader and
23 the Secretary of the Senate and the Legislative Research
24 Unit, as required by Section 3.1 of the General Assembly
25 Organization Act and filing such additional copies with the
26 State Government Report Distribution Center for the General
27 Assembly as is required under paragraph (t) of Section 7 of
28 the State Library Act.
29 Those persons previously found eligible for receiving
30 non-institutional services whose services were discontinued
31 under the Emergency Budget Act of Fiscal Year 1992, and who
32 do not meet the eligibility standards in effect on or after
33 July 1, 1992, shall remain ineligible on and after July 1,
34 1992. Those persons previously not required to cost-share
-27- LRB9102178REmbam01
1 and who were required to cost-share effective March 1, 1992,
2 shall continue to meet cost-share requirements on and after
3 July 1, 1992. Beginning July 1, 1992, all clients will be
4 required to meet eligibility, cost-share, and other
5 requirements and will have services discontinued or altered
6 when they fail to meet these requirements.
7 (Source: P.A. 91-303, eff. 1-1-00.)
8 (20 ILCS 105/8.04 rep.)
9 Section 16. The Illinois Act on the Aging is amended by
10 repealing Section 8.04.
11 Section 20. The Personnel Code is amended by changing
12 Sections 7a, 7b, 7c, and 7e as follows:
13 (20 ILCS 415/7a) (from Ch. 127, par. 63b107a)
14 Sec. 7a. Civil Service Commission, organization. There
15 shall be a Civil Service Commission of 5 three members.
16 (Source: Laws 1955, p. 2208.)
17 (20 ILCS 415/7b) (from Ch. 127, par. 63b107b)
18 Sec. 7b. Qualifications. The members of the Commission
19 shall be persons in sympathy with the application of merit
20 principles to public employment. No more than 3 two members
21 of the Commission may be adherents of the same political
22 party.
23 (Source: Laws 1955, p. 2208.)
24 (20 ILCS 415/7c) (from Ch. 127, par. 63b107c)
25 Sec. 7c. Appointment. Members of the Civil Service
26 Commission in office at the time of the effective date of
27 this Act shall continue in office until the expiration of the
28 terms for which they were appointed. Their successors shall
29 be appointed by the Governor with the advice and consent of
-28- LRB9102178REmbam01
1 the Senate for terms ending 6 six years from the date of
2 expiration of the terms for which their predecessors were
3 appointed, except that a person appointed to fill a vacancy
4 occurring prior to the expiration of a 6 year term shall be
5 similarly appointed for the remainder of the unexpired term.
6 Each member of the Commission shall hold office until his
7 successor is appointed and qualified. The Governor shall
8 appoint one of the members to serve as chairman of the
9 Commission at the pleasure of the Governor.
10 Notwithstanding any provision of this Section to the
11 contrary, the term of office of each member of the Commission
12 is abolished on the effective date of this amendatory Act of
13 1985, but the incumbents shall continue to exercise all of
14 the powers and be subject to all of the duties of members of
15 the Commission until their respective successors are
16 appointed and qualified. The successors to the members whose
17 terms of office are herein abolished shall be appointed by
18 the Governor with the advice and consent of the Senate to
19 terms of office as follows: one member shall be appointed to
20 a term of office to expire on March 1, 1987; one member shall
21 be appointed to a term of office to expire on March 1, 1989;
22 and one member shall be appointed to a term of office to
23 expire on March 1, 1991. The 2 additional members appointed
24 pursuant to this amendatory Act of the 91st General Assembly
25 shall each be appointed to a term of office to expire on
26 March 1, 2005. Each member of the Commission shall hold
27 office until his successor is appointed and qualified.
28 Following the terms of office established in this paragraph,
29 successors shall be appointed in accordance with the
30 provisions of the first paragraph of this Section.
31 (Source: P.A. 84-115.)
32 (20 ILCS 415/7e) (from Ch. 127, par. 63b107e)
33 Sec. 7e. Chairman, meetings. The Commission shall meet at
-29- LRB9102178REmbam01
1 such time and place as shall be specified by call of the
2 chairman or the Director. At least one meeting shall be held
3 each month. Notice of each meeting shall be given in writing
4 to each member by the chairman at least three days in advance
5 of the meeting. Three Two members shall constitute a quorum
6 for the transaction of business.
7 (Source: Laws 1955, p. 2208.)
8 (20 ILCS 505/7.2 rep.)
9 Section 25. The Children and Family Services Act is
10 amended by repealing Section 7.2.
11 (20 ILCS 605/605-715 rep.)
12 Section 30. The Department of Commerce and Community
13 Affairs Law of the Civil Administrative Code of Illinois is
14 amended by repealing Section 605-715.
15 Section 35. The Illinois Development Finance Authority
16 Act is amended by changing Section 4 as follows:
17 (20 ILCS 3505/4) (from Ch. 48, par. 850.04)
18 Sec. 4. There is hereby created a political subdivision,
19 body politic and corporate by the name and style of Illinois
20 Development Finance Authority. The exercise by the Authority
21 of the powers conferred by law shall be an essential public
22 function.
23 The governing powers of the Authority shall be vested in
24 a body consisting of 17 15 members including, as ex officio
25 members, the Director of Labor and the Director of the
26 Department of Commerce and Community Affairs or their
27 designees. The other 15 13 members of the Authority shall be
28 appointed by the Governor with the advice and consent of the
29 Senate and shall be designated "public members". Nine Eight
30 members shall constitute a quorum. However, when a quorum of
-30- LRB9102178REmbam01
1 members of the Authority is physically present at the meeting
2 site, other Authority members may participate in and act at
3 any meeting through the use of a conference telephone or
4 other communications equipment by means of which all persons
5 participating in the meeting can hear each other.
6 Participation in such meeting shall constitute attendance and
7 presence in person at the meeting of the person or persons so
8 participating. Not more than 9 8 members of the Authority
9 may be of the same political party. The Chairman of the
10 Authority shall be elected by the Authority from among its
11 public members, all of whom shall be persons of recognized
12 ability and experience in one or more of the following areas:
13 economic development, finance, banking, industrial
14 development, small business management, real estate
15 development, community development, venture finance,
16 construction, and labor relations. At least one public
17 member shall be a representative of the interests of
18 organized labor.
19 The terms of all members of the Authority holding office
20 on the effective date of this amendatory Act of 1983, other
21 than the ex officio members, shall expire 90 days after that
22 date, and the Governor shall appoint 10 new members whose
23 terms shall commence the day following such expiration date.
24 Of the members initially appointed by the Governor pursuant
25 to this amendatory Act of 1983, 5 shall serve until the third
26 Monday in January, 1985 and 5 shall serve until the third
27 Monday in January, 1987, and until their successors are
28 appointed and qualified. The members initially appointed
29 under this amendatory Act of 1985 shall serve until the third
30 Monday in January 1989. The members initially appointed
31 under this amendatory Act of the 91st General Assembly shall
32 serve until the 3rd Monday in January 2004. Each member
33 appointed under this paragraph who is confirmed by the Senate
34 shall hold office during the specified time and until his
-31- LRB9102178REmbam01
1 successor shall be appointed and qualified.
2 All successors shall hold office for a term of 4 years
3 commencing the third Monday in January of the year in which
4 their term commences, except in case of an appointment to
5 fill a vacancy. In case of vacancy in the office when the
6 Senate is not in session, the Governor may make a temporary
7 appointment until the next meeting of the Senate when he
8 shall nominate such person to fill such office, and any
9 person so nominated who is confirmed by the Senate, shall
10 hold his office during the remainder of the term and until
11 his successor shall be appointed and qualified. If the Senate
12 is not in session at the time the amendatory Acts of 1983 and
13 1985 and of the 91st General Assembly take effect, the
14 Governor may make temporary appointments of the new public
15 members as in the case of vacancies. Members of the Authority
16 shall not be entitled to compensation for their services as
17 members, but shall be entitled to reimbursement for all
18 necessary expenses incurred in connection with the
19 performance of their duties as members.
20 The Governor may remove any public member of the
21 Authority in case of incompetency, neglect of duty, or
22 malfeasance in office, after service on him of a copy of the
23 written charges against him and an opportunity to be publicly
24 heard in person or by counsel in his own defense upon not
25 less than 10 days notice.
26 The members of the Authority shall appoint an Executive
27 Director who shall be a person knowledgeable in the areas of
28 financial markets and instruments and the financing of
29 business enterprises, to hold office during the pleasure of
30 the members. The Executive Director shall be the chief
31 administrative and operational officer of the Authority and
32 shall direct and supervise its administrative affairs and
33 general management and perform such other duties as may be
34 prescribed from time to time by the members and shall receive
-32- LRB9102178REmbam01
1 compensation fixed by the Authority. The Executive Director
2 or any committee of the members may carry out such
3 responsibilities of the members as the members by resolution
4 may delegate. The Executive Director shall attend all
5 meetings of the Authority; however, no action of the
6 Authority shall be invalid on account of the absence of the
7 Executive Director from a meeting. The Authority may engage
8 the services of such other agents and employees, including
9 attorneys, appraisers, engineers, accountants, credit
10 analysts and other consultants, as it may deem advisable and
11 may prescribe their duties and fix their compensation.
12 (Source: P.A. 88-519.)
13 Section 38. The Illinois Planning Council on
14 Developmental Disabilities Law is amended by changing
15 Sections 2001, 2002, 2003, and 2006 and by adding Section
16 2004.5 as follows:
17 (20 ILCS 4010/2001) (from Ch. 91 1/2, par. 1951)
18 Sec. 2001. Short title. This Article may be cited as
19 the Illinois Planning Council on Developmental Disabilities
20 Law.
21 (Source: P.A. 86-1190.)
22 (20 ILCS 4010/2002) (from Ch. 91 1/2, par. 1952)
23 Sec. 2002. Definitions. As used in this Article, unless
24 the context requires otherwise:
25 (a) "Council" means the Illinois Planning Council on
26 Developmental Disabilities.
27 (b) "Chairperson" means the chairperson of the Illinois
28 Planning Council on Developmental Disabilities.
29 (c) "Director" means the director of the Illinois
30 Planning Council on Developmental Disabilities.
31 (d) "Developmental disability" means, in general, a
-33- LRB9102178REmbam01
1 severe chronic disability of an individual that a person 5
2 years of age or older which:
3 (1) is attributable to a mental or physical
4 impairment or combination of mental and physical
5 impairments;
6 (2) is manifested before the person attains age 22;
7 (3) is likely to continue indefinitely;
8 (4) results in substantial functional limitations
9 in 3 or more of the following areas of major life
10 activity: self care, receptive and expressive language,
11 learning, mobility, self direction, capacity for
12 independent living, and economic sufficiency; and
13 (5) reflects the person's need for a combination
14 and sequence of special interdisciplinary or generic
15 services care, individualized supports, treatment or
16 other forms of assistance that services which are of life
17 long or extended duration and are individually planned
18 and coordinated.;
19 except that such term, When applied to infants and young
20 children, an individual may be considered to have a
21 "developmental disability" if the individual means
22 individuals from birth to age 9 5, inclusive, has who have
23 (i) a substantial developmental delay or specific congenital
24 or acquired conditions and (ii) does not meet 3 or more of
25 the criteria described in paragraphs (1) through (5) but who,
26 without services and support, has a high probability of
27 meeting those criteria later in life with a high probability
28 of resulting in developmental disabilities if services are
29 not provided.
30 (Source: P.A. 86-1190; 87-1158.)
31 (20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
32 Sec. 2003. Planning Council. The Illinois Planning
33 Council on Developmental Disabilities is hereby created as an
-34- LRB9102178REmbam01
1 executive agency of State government. The council shall be
2 composed of 39 members, governed by a chairperson, and headed
3 by a director. The Council shall be composed of 29 members,
4 governed by a chairperson, and headed by a director. The
5 functions of the council shall be as prescribed in Chapter 75
6 of Title 42 of the United States Code (42 U.S.C. 6000, et
7 seq.), as now or hereafter amended, and in Section 2006 of
8 this Article.
9 The Council shall receive and disburse funds authorized
10 under Chapter 75 of Title 42 of the United States Code (42
11 U.S.C. 6000, et seq.), as now or hereafter amended.
12 (Source: P.A. 86-1190.)
13 (20 ILCS 4010/2004.5 new)
14 Sec. 2004.5. Council membership. The General Assembly
15 intends that the reduction in the membership of the Council
16 shall occur through attrition between the effective date of
17 this amendatory Act of the 91st General Assembly and January
18 1, 2001. In the event that the terms of 10 voting members
19 have not expired by January 1, 2001, members of the Council
20 serving on that date shall continue to serve until their
21 terms expire.
22 (a) The membership of the Council must reasonably
23 represent the diversity of this State. Not less than 60% of
24 the Council's membership must be individuals with
25 developmental disabilities, parents or guardians of children
26 with developmental disabilities, or immediate relatives or
27 guardians of adults with developmental disabilities who
28 cannot advocate for themselves.
29 The Council must also include representatives of State
30 agencies that administer moneys under federal laws that
31 relate to individuals with developmental disabilities; the
32 State University Center for Excellence in Developmental
33 Disabilities Education, Research, and Service; the State
-35- LRB9102178REmbam01
1 protection and advocacy system; and representatives of local
2 and non-governmental agencies and private non-profit groups
3 concerned with services for individuals with developmental
4 disabilities. The members described in this paragraph must
5 have sufficient authority to engage in policy-making,
6 planning, and implementation on behalf of the department,
7 agency, or program that they represent. Those members may
8 not take part in any discussion of grants or contracts for
9 which their departments, agencies, or programs are grantees,
10 contractors, or applicants and must comply with any other
11 relevant conflict of interest provisions in the Council's
12 policies or by-laws.
13 (b) Seventeen voting members, appointed by the Governor,
14 must be persons with developmental disabilities, parents or
15 guardians of persons with developmental disabilities, or
16 immediate relatives or guardians of persons with
17 mentally-impairing developmental disabilities. None of these
18 members may be employees of a State agency that receives
19 funds or provides services under the federal Developmental
20 Disabilities Assistance and Bill of Rights Act of 1996 (42
21 U.S.C. 6000 et seq.), as now or hereafter amended, managing
22 employees of any other entity that receives moneys or
23 provides services under the federal Developmental
24 Disabilities Assistance and Bill of Rights Act of 1996 (42
25 U.S.C. 6000 et seq.), as now or hereafter amended, or persons
26 with an ownership interest in or a controlling interest in
27 such an entity. Of the members appointed under this
28 subsection (b):
29 (1) at least 6 must be persons with developmental
30 disabilities;
31 (2) at least 6 must be parents, immediate relatives,
32 or guardians of children and adults with developmental
33 disabilities, including individuals with
34 mentally-impairing developmental disabilities who cannot
-36- LRB9102178REmbam01
1 advocate for themselves; and
2 (3) 5 members must be a combination of persons
3 described in paragraphs (1) and (2); at least one of whom
4 must be (i) an immediate relative or guardian of an
5 individual with a developmental disability who resides or
6 who previously resided in an institution or (ii) an
7 individual with a developmental disability who resides or
8 who previously resided in an institution.
9 (c) Two voting members, appointed by the Governor, must
10 be representatives of local and non-governmental agencies and
11 private non-profit groups concerned with services for
12 individuals with developmental disabilities.
13 (d) Nine voting members shall be the Director of Public
14 Aid, or his or her designee; the Director of Aging, or his or
15 her designee; the Director of Children and Family Services,
16 or his or her designee; a representative of the State Board
17 of Education; a representative of the State protection and
18 advocacy system; a representative of the State University
19 Center for Excellence in Developmental Disabilities
20 Education, Research, and Service; representatives of the
21 Office of Developmental Disabilities and the Office of
22 Community Health and Prevention of the Department of Human
23 Services (as the State's lead agency for Title V of the
24 Social Security Act, 42 U.S.C. 701 et seq.) designated by the
25 Secretary of Human Services; and a representative of the
26 State entity that administers federal moneys under the
27 federal Rehabilitation Act.
28 (e) The Director of the Bureau of the Budget, or his or
29 her designee, shall be a non-voting member of the Council.
30 (f) The Governor must provide for the timely rotation of
31 members.
32 Appointments to the Council shall be for terms of 3
33 years. Appointments to fill vacancies occurring before the
34 expiration of a term shall be for the remainder of the term.
-37- LRB9102178REmbam01
1 Members shall serve until their successors are appointed.
2 The Council, at the discretion of the Governor, may
3 coordinate and provide recommendations for new members to the
4 Governor based upon their review of the Council's composition
5 and on input received from other organizations and
6 individuals representing persons with developmental
7 disabilities, including the non-State agency members of the
8 Council. The Council must, at least once each year, advise
9 the Governor on the Council's membership requirements and
10 vacancies, including rotation requirements.
11 No member may serve for more than 2 successive terms.
12 (g) Members may not receive compensation for their
13 services, but shall be reimbursed for their reasonable
14 expenses plus up to $50 per day for any loss of wages
15 incurred in the performance of their duties.
16 (h) The total membership of the Council consists of the
17 number of voting members, as defined in this Section,
18 excluding any vacant positions. A quorum is a simple majority
19 of the total membership and is sufficient to constitute the
20 transaction of the business of the Council unless otherwise
21 stipulated in the by-laws of the Council.
22 (i) The Council must meet at least quarterly.
23 (20 ILCS 4010/2006) (from Ch. 91 1/2, par. 1956)
24 Sec. 2006. Powers and duties of the Council. The Council
25 shall serve as an advocate for all persons with developmental
26 disabilities to assure that they participate in the design of
27 and have access to needed community services, individualized
28 supports, and other forms of assistance that promote
29 self-determination, receive the services and other assistance
30 and opportunities necessary to enable them to achieve their
31 maximum potential through increased independence,
32 productivity, and integration into the community. As such,
33 the Council shall:
-38- LRB9102178REmbam01
1 (a) Develop and implement the State plan required by
2 Chapter 75 of Title 42 of the United States Code (42 U.S.C.
3 6000, et seq.), as now or hereafter amended.
4 (a-5) Implement the State plan by conducting and
5 supporting advocacy, capacity building, and systemic change
6 activities, including but not limited to the following:
7 (1) outreach activities to identify, assist, and
8 enable individuals with developmental disabilities and
9 their families to obtain services, individualized
10 supports, and other assistance;
11 (2) training for individuals with developmental
12 disabilities, their families, communities, and others
13 regarding the support, services, and other assistance
14 necessary to achieve the goals of integration, inclusion,
15 productivity, and independence for persons with
16 developmental disabilities;
17 (3) technical assistance to assist public and
18 private entities to achieve the goals of this Section;
19 (4) supporting and educating communities to assist
20 neighborhoods and communities in responding positively to
21 individuals with developmental disabilities and their
22 families and in offering access to and use of services,
23 resources, and opportunities;
24 (5) inter-agency collaboration and coordination to
25 better serve, support, assist, or advocate for
26 individuals with developmental disabilities and their
27 families;
28 (6) coordination with other related councils,
29 committees, and programs;
30 (7) barrier elimination, systems design, and
31 redesign activities that enhance participation by
32 individuals with developmental disabilities in their
33 communities;
34 (8) providing policymakers with information from
-39- LRB9102178REmbam01
1 Council-supported projects and activities in order to
2 increase the ability of policymakers to offer
3 opportunities to enhance or adapt generic or specialized
4 services to individuals with developmental disabilities
5 and their families;
6 (9) demonstration of new approaches to services and
7 support for people with developmental disabilities and
8 their families that are part of an overall strategy for
9 systemic change; and
10 (10) other advocacy, capacity building, and systemic
11 changes that promote a coordinated, consumer and
12 family-centered and directed comprehensive system of
13 community services.
14 (b) (Blank). Develop and submit to the Governor and the
15 General Assembly an annual comprehensive State interagency
16 plan with input from the principal State agencies that
17 provide or administer programs for persons with developmental
18 disabilities. The developmental disabilities services
19 implementation plan developed under the Developmental
20 Disabilities Services Law shall be incorporated into and
21 become a part of the annual plan required by this Law. The
22 council shall provide assistance and coordination to State
23 agencies in the development and oversight of the State
24 Developmental Disabilities System Plan as required by the
25 Developmental Disabilities Services Law, and all subsequent
26 and related planning requirements. The council shall submit
27 the plan, including a report on the status of implementation
28 of its various components, to the Governor and the General
29 Assembly on the first Wednesday of April of each year.
30 (c) Advise the principal State agencies that provide
31 services or administer programs for persons with
32 developmental disabilities, the General Assembly, and the
33 Governor concerning the use of State and federal resources
34 for persons with developmental disabilities, groups who are
-40- LRB9102178REmbam01
1 not adequately served by the system, the prevention of
2 developmental disabilities, and other related matters.
3 (d) (Blank). Develop principles and values that support
4 integration, productivity and independence for persons with
5 developmental disabilities that will guide the design of the
6 service system.
7 (e) Recommend and advocate for the adoption of public
8 policies that which will affect the State service system to
9 support the independence, productivity, and integration, and
10 inclusion of persons with developmental disabilities.
11 (f) (Blank). Increase the capacities and resources of
12 public and private entities through a variety of activities
13 that will develop a system for providing specialized services
14 or special adaptations of generic services that respond to
15 the needs of persons with developmental disabilities and
16 their families. This system shall be coordinated among the
17 principal agencies providing services or administering
18 programs in the area of developmental disabilities.
19 (g) Take any other actions as may be reasonable to carry
20 out the purposes of this Article and Chapter 75 of Title 42
21 of the United States Code (42 U.S.C. 6000, et seq.), as now
22 or hereafter amended.
23 The Council shall promulgate rules and regulations to
24 implement this Article in accordance with the Illinois
25 Administrative Procedure Act.
26 The Council shall have the cooperation of relevant State
27 agencies in fulfilling its responsibilities.
28 (Source: P.A. 86-1190; 87-1158.)
29 Section 40. The Compensation Review Act is amended by
30 changing Section 2 as follows:
31 (25 ILCS 120/2) (from Ch. 63, par. 902)
32 Sec. 2. There is created the Compensation Review Board,
-41- LRB9102178REmbam01
1 hereinafter referred to as the Board.
2 The Board shall consist of l2 members, appointed 3 each
3 by the Speaker of the House of Representatives, the Minority
4 Leader thereof, the President of the Senate, and the Minority
5 Leader thereof. Members shall be adults and be residents of
6 Illinois. Members may not be members or employees or former
7 members or employees of the judicial, executive or
8 legislative branches of State government; nor may members be
9 persons registered under the Lobbyist Registration Act. Any
10 member may be reappointed for a consecutive term but no
11 member may serve for more than 10 years total on the Board.
12 The respective appointing legislative leader may remove any
13 such appointed member prior to the expiration of his term on
14 the Board for official misconduct, incompetence or neglect of
15 duty.
16 Members shall serve without compensation but shall
17 receive an allowance for living expenses incurred in the
18 performance of their official duties in an amount per day
19 equal to the amount permitted to be deducted for such
20 expenses by members of the General Assembly under the federal
21 Internal Revenue Code, as now or hereafter amended. The rate
22 for reimbursement of mileage expenses shall be equal to the
23 amount established from time to time for members of the
24 General Assembly. The Board may, without regard to the
25 Personnel Code, employ and fix the compensation or
26 remuneration of employees as it considers necessary or
27 desirable. The General Assembly shall appropriate the funds
28 necessary to operate the Board.
29 (Source: P.A. 91-357, eff. 7-29-99.)
30 (70 ILCS 3620/8 rep.)
31 Section 50. The Public Transit Employee Training
32 Programs Act is amended by repealing Section 8.
-42- LRB9102178REmbam01
1 Section 55. The Illinois Educational Labor Relations Act
2 is amended by changing Sections 5 and 17.1 as follows:
3 (115 ILCS 5/5) (from Ch. 48, par. 1705)
4 Sec. 5. Illinois Educational Labor Relations Board.
5 (a) There is hereby created the Illinois Educational
6 Labor Relations Board consisting of 7 of 5 members, no more
7 than 4 of 3 of whom may be of the same political party, who
8 are residents of Illinois appointed by the Governor with the
9 advice and consent of the Senate. The Governor shall appoint
10 to the Board only persons who have had a minimum of 5 years
11 of experience directly related to labor and employment
12 relations in representing educational employers or
13 educational employees in collective bargaining matters. One
14 appointed member shall be designated at the time of his or
15 her appointment to serve as chairman.
16 Of the 2 additional members appointed pursuant to this
17 amendatory Act of 1997, one shall be designated at the time
18 of his or her appointment to serve a term of 6 years and the
19 other shall be designated at the time of his or her
20 appointment to serve a term of 4 years, with each to serve
21 until his or her successor is appointed and qualified. In
22 the event the Senate is not in session at the time the 2
23 additional members are appointed pursuant to this amendatory
24 Act of 1997, the Governor shall make those appointments as
25 temporary appointments until the next meeting of the Senate
26 when he shall appoint, by and with the advice and consent of
27 the Senate, 2 persons to fill those memberships for their
28 unexpired terms.
29 The 2 additional members appointed pursuant to this
30 amendatory Act of the 91st General Assembly shall each serve
31 initial terms of 6 years.
32 (b) Each subsequent member shall be appointed in like
33 manner for a term of 6 years and until his or her successor
-43- LRB9102178REmbam01
1 is appointed and qualified. Each member of the Board is
2 eligible for reappointment. Vacancies shall be filled in the
3 same manner as original appointments for the balance of the
4 unexpired term.
5 (c) The chairman shall be paid $50,000 per year, or an
6 amount set by the Compensation Review Board, whichever is
7 greater. Other members of the Board shall each be paid
8 $45,000 per year, or an amount set by the Compensation Review
9 Board, whichever is greater. They shall be entitled to
10 reimbursement for necessary traveling and other official
11 expenditures necessitated by their official duties.
12 (d) Four Three members of the Board constitute a quorum
13 and a vacancy on the board does not impair the right of the
14 remaining members to exercise all of the powers of the Board.
15 (e) Any member of the Board may be removed by the
16 Governor, upon notice, for neglect of duty or malfeasance in
17 office, but for no other cause.
18 (f) The Board may appoint or employ an executive
19 director, attorneys, hearing officers, and such other
20 employees as it deems necessary to perform its functions.
21 The Board shall prescribe the duties and qualifications of
22 such persons appointed and, subject to the annual
23 appropriation, fix their compensation and provide for
24 reimbursement of actual and necessary expenses incurred in
25 the performance of their duties.
26 (g) The Board may promulgate rules and regulations which
27 allow parties in proceedings before the Board to be
28 represented by counsel or any other person knowledgeable in
29 the matters under consideration.
30 (h) To accomplish the objectives and to carry out the
31 duties prescribed by this Act, the Board may subpoena
32 witnesses, subpoena the production of books, papers, records
33 and documents which may be needed as evidence on any matter
34 under inquiry and may administer oaths and affirmations.
-44- LRB9102178REmbam01
1 In cases of neglect or refusal to obey a subpoena issued
2 to any person, the circuit court in the county in which the
3 investigation or the public hearing is taking place, upon
4 application by the Board, may issue an order requiring such
5 person to appear before the Board or any member or agent of
6 the Board to produce evidence or give testimony. A failure to
7 obey such order may be punished by the court as in civil
8 contempt.
9 Any subpoena, notice of hearing, or other process or
10 notice of the Board issued under the provisions of this Act
11 may be served personally, by registered mail or by leaving a
12 copy at the principal office of the respondent required to be
13 served. A return, made and verified by the individual making
14 such service and setting forth the manner of such service, is
15 proof of service. A post office receipt, when registered mail
16 is used, is proof of service. All process of any court to
17 which application may be made under the provisions of this
18 Act may be served in the county where the persons required to
19 be served reside or may be found.
20 (i) The Board shall adopt, promulgate, amend, or rescind
21 rules and regulations in accordance with "The Illinois
22 Administrative Procedure Act", as now or hereafter amended,
23 as it deems necessary and feasible to carry out this Act.
24 (j) The Board at the end of every State fiscal year
25 shall make a report in writing to the Governor and the
26 General Assembly, stating in detail the work it has done in
27 hearing and deciding cases and otherwise.
28 (Source: P.A. 90-548, eff. 1-1-98.)
29 (115 ILCS 5/17.1) (from Ch. 48, par. 1717.1)
30 Sec. 17.1. Precedents established by other labor boards.
31 Unless contradicted by administrative precedent previously
32 established by the Board, all final decisions in
33 representation and unfair labor practice cases decided by the
-45- LRB9102178REmbam01
1 State or Local Panel of the Illinois Labor Relations Board or
2 their predecessors, the Illinois State Labor Relations Board
3 and the Illinois Local Labor Relations Board previously
4 created under the Illinois Public Labor Relations Act, which
5 have not been reversed by subsequent court rulings, shall be
6 considered, but need not be followed, by the Board.
7 (Source: P.A. 85-924.)
8 Section 60. The Illinois Banking Act is amended by
9 changing Sections 78 and 79 as follows:
10 (205 ILCS 5/78) (from Ch. 17, par. 390)
11 Sec. 78. Board of banks and trust companies; creation,
12 members, appointment. There is created a Board which shall
13 be known as the State Banking Board of Illinois which shall
14 consist of the Commissioner, who shall be its chairman, and
15 16 14 additional members divided into 3 two classes
16 designated Class A members, and Class B members, and Class C
17 members who are appointed by the Governor by and with the
18 advice and consent of the Senate and made up as follows:
19 Class A shall consist of 4 persons, none of whom shall be
20 an officer or director of or owner, whether direct or
21 indirect, of more than 5% of the outstanding capital stock of
22 any bank.
23 Class B shall consist of 10 persons who at the time of
24 their respective appointments shall have had not less than 10
25 years banking experience. Of the 10 Class B members, 2 shall
26 be from State banks having total assets of not more than
27 $20,000,000 at the time of their appointment, 2 shall be from
28 State banks having total assets of more than $20,000,000 but
29 not more than $50,000,000 at the time of their appointment, 2
30 shall be from State banks having total assets of more than
31 $50,000,000, but not more than $125,000,000 at the time of
32 their appointment, one shall be from a State bank having
-46- LRB9102178REmbam01
1 total assets of more than $125,000,000 but not more than
2 $250,000,000 at the time of appointment, one shall be from a
3 State bank having total assets of more than $250,000,000 but
4 not more than $1,000,000,000 at the time of appointment, one
5 shall be from a State bank having total assets of more than
6 $1,000,000,000 at the time of appointment and one shall be
7 from a foreign banking corporation certificated pursuant to
8 the Foreign Banking Office Act.
9 Class C shall consist of 2 persons who shall be at-large
10 members representing the banking industry generally.
11 (Source: P.A. 84-905; 84-1004.)
12 (205 ILCS 5/79) (from Ch. 17, par. 391)
13 Sec. 79. Board, terms of office. The terms of office of
14 the Class A and Class B members of the Board of Banks and
15 Trust Companies who are in office on the effective date of
16 this Amendatory Act of 1985 shall expire on December 31,
17 1985. The terms of office of Class A, and Class B, and Class
18 C members of the State Banking Board shall be as follows:
19 (a) The terms of office of all Class A and Class B
20 members of the State Banking Board shall begin on January 1,
21 1986.
22 (b) The persons first appointed as the Class A members
23 of the State Banking Board shall have the following terms as
24 designated by the Governor; one person for a term of one
25 year, one person for a term of 2 years, one person for a term
26 of 3 years and one person for a term of 4 years. Thereafter,
27 the term of office of each Class A member shall be 4 years,
28 except that an appointment to fill a vacancy shall be for the
29 unexpired term of the member whose term is being filled.
30 (c) The persons first appointed as Class B members of
31 the State Banking Board shall have the following terms as
32 designated by the Governor; one member for a term of one
33 year, 3 members for a term of 2 years, 3 members for a term
-47- LRB9102178REmbam01
1 of 3 years, and 3 members for a term of 4 years. Thereafter,
2 the term of office of each Class B member shall be 4 years,
3 except that an appointment to fill a vacancy shall be for the
4 unexpired term of the member whose term is being filled.
5 (c-5) The initial term of office of each Class C member
6 of the State Banking Board appointed pursuant to this
7 amendatory Act of the 91st General Assembly shall expire on
8 January 1, 2004. Thereafter, the term of office of each
9 Class C member shall be 4 years, except that an appointment
10 to fill a vacancy shall be for the unexpired term of the
11 member whose term is being filled.
12 (d) No Class A, or Class B, or Class C State Banking
13 Board member shall serve more than 2 full 4-year terms of
14 office.
15 (e) The term of office of a State Banking Board member
16 shall terminate automatically when the member no longer meets
17 the qualifications for the member's appointment to the Board
18 provided that an increase or decrease in the asset size of
19 the member's bank during the member's term of office on the
20 State Banking Board shall not result in the termination of
21 the member's term of office.
22 (Source: P.A. 90-301, eff. 8-1-97.)
23 Section 65. The Illinois Insurance Code is amended by
24 changing Section 143.28 as follows:
25 (215 ILCS 5/143.28) (from Ch. 73, par. 755.28)
26 Sec. 143.28. The rates and premium charges for all
27 policies of automobile insurance, as described in sub-section
28 (a) of Section 143.13 of this Code, shall include appropriate
29 reductions for insured automobiles which are equipped with
30 anti-theft mechanisms or devices approved by the Director.
31 To implement the provisions of this section, the Director
32 shall promulgate rules and regulations., and shall appoint an
-48- LRB9102178REmbam01
1 Automotive Engineering Advisory Panel consisting of qualified
2 persons with expertise in automotive design, vehicle service,
3 and theft deterrent measures, to develop minimum performance
4 standards for certification of such anti-theft mechanisms and
5 devices and to develop minimum performance standards for
6 their certification. The Secretary of State or his
7 designated representative shall be a member of the Automotive
8 Engineering Advisory Panel, and shall provide the Panel with
9 technical and other assistance, as it shall require. The
10 rules and regulations promulgated hereunder shall include
11 procedures for certification to insurers that anti-theft
12 mechanisms and devices have been installed properly in
13 insured vehicles.
14 (Source: P.A. 81-0871; 81-1509.)
15 Section 70. The Environmental Health Practitioner
16 Licensing Act is amended by changing Section 18 as follows:
17 (225 ILCS 37/18)
18 Sec. 18. Board of Environmental Health Practitioners.
19 The Board of Environmental Health Practitioners is created
20 and shall exercise its duties as provided in this Act. The
21 Board shall consist of 7 members appointed by the Director.
22 Of the 7 members, 4 shall be environmental health
23 practitioners, one a Public Health Administrator who meets
24 the minimum qualifications for public health personnel
25 employed by full time local health departments as prescribed
26 by the Illinois Department of Public Health and is actively
27 engaged in the administration of a local health department
28 within this State, one full time professor teaching in the
29 field of environmental health practice, and one member of the
30 general public. In making the appointments to the Board, the
31 Director shall consider the recommendations of related
32 professional and trade associations including the Illinois
-49- LRB9102178REmbam01
1 Environmental Health Association and the Illinois Public
2 Health Association and of the Director of Public Health.
3 Each of the environmental health practitioners shall have at
4 least 5 years of full time employment in the field of
5 environmental health practice before the date of appointment.
6 Each appointee filling the seat of an environmental health
7 practitioner appointed to the Board must be licensed under
8 this Act, however, in appointing the environmental health
9 practitioner members of the first Board, the Director may
10 appoint any environmental health practitioner who possesses
11 the qualifications set forth in Section 20 of this Act. Of
12 the initial appointments, 3 members shall be appointed for
13 3-year terms, 2 members for 2-year terms, and 2 members for
14 one-year terms. Each succeeding member shall serve for a
15 3-year term. No member may serve more than 2 consecutive
16 terms.
17 The membership of the Board shall reasonably reflect
18 representation from the various geographic areas of the
19 State.
20 A vacancy in the membership of the Board shall not impair
21 the right of a quorum to exercise all the rights and perform
22 all the duties of the Board.
23 The members of the Board are entitled to receive as
24 compensation a reasonable sum as determined by the Director
25 for each day actually engaged in the duties of the office and
26 all legitimate and necessary expenses incurred in attending
27 the meetings of the Board.
28 Members of the Board shall be immune from suit in any
29 action based upon any disciplinary proceedings or other
30 activities performed in good faith as members of the Board.
31 The Director may remove any member of the Board for any
32 cause that, in the opinion of the Director, reasonably
33 justifies termination.
34 (Source: P.A. 89-61, eff. 6-30-95.)
-50- LRB9102178REmbam01
1 Section 75. The Illinois Horse Racing Act of 1975 is
2 amended by changing Sections 4 and 5 as follows:
3 (230 ILCS 5/4) (from Ch. 8, par. 37-4)
4 Sec. 4. The Board shall consist of 11 9 members to be
5 appointed by the Governor with the advice and consent of the
6 Senate, not more than 6 5 of whom shall be of the same
7 political party, and one of whom shall be designated by the
8 Governor to be chairman. Each member shall have a reasonable
9 knowledge of harness or thoroughbred racing practices and
10 procedure and of the principles of harness or thoroughbred
11 racing and breeding and, at the time of his appointment,
12 shall be a resident of the State of Illinois and shall have
13 resided therein for a period of at least 5 years next
14 preceding his appointment and qualification and he shall be a
15 qualified voter therein and not less than 25 years of age.
16 (Source: P.A. 84-1240.)
17 (230 ILCS 5/5) (from Ch. 8, par. 37-5)
18 Sec. 5. As soon as practicable following the effective
19 date of this amendatory Act of 1995, the Governor shall
20 appoint, with the advice and consent of the Senate, members
21 to the Board as follows: 3 members for terms expiring July 1,
22 1996; 3 members for terms expiring July 1, 1998; and 3
23 members for terms expiring July 1, 2000. Of the 2 additional
24 members appointed pursuant to this amendatory Act of the 91st
25 General Assembly, the initial term of one member shall expire
26 on July 1, 2002 and the initial term of the other member
27 shall expire on July 1, 2004. Thereafter, the terms of
28 office of the Board members shall be 6 years. Incumbent
29 members on the effective date of this amendatory Act of 1995
30 shall continue to serve only until their successors are
31 appointed and have qualified.
32 Each member of the Board shall receive $300 per day for
-51- LRB9102178REmbam01
1 each day the Board meets and for each day the member conducts
2 a hearing pursuant to Section 16 of this Act, provided that
3 no Board member shall receive more than $5,000 in such fees
4 during any calendar year, or an amount set by the
5 Compensation Review Board, whichever is greater. Members of
6 the Board shall also be reimbursed for all actual and
7 necessary expenses and disbursements incurred in the
8 execution of their official duties.
9 (Source: P.A. 91-357, eff. 7-29-99.)
10 Section 80. The Liquor Control Act of 1934 is amended by
11 changing Sections 3-1, 3-2, 3-9, and 7-8 as follows:
12 (235 ILCS 5/3-1) (from Ch. 43, par. 97)
13 Sec. 3-1. There is hereby created an Illinois Liquor
14 Control Commission consisting of 7 5 members to be appointed
15 by the Governor with the advice and consent of the Senate, no
16 more than 4 3 of whom shall be members of the same political
17 party.
18 (Source: P.A. 83-779.)
19 (235 ILCS 5/3-2) (from Ch. 43, par. 98)
20 Sec. 3-2. Immediately, or soon as may be after the
21 effective date of this Act, the Governor shall appoint 3
22 members of the commission, one of whom shall be designated as
23 "Chairman", one to hold office for a period of 2 years, one
24 to hold office for a period of 4 years and one to hold office
25 for a period of 6 years. Immediately, or as soon as may be
26 after the effective date of this amendatory Act of 1983, the
27 Governor shall appoint 2 members to the commission to the
28 offices created by this amendatory Act of 1983, one for an
29 initial term expiring the third Monday in January of 1986 and
30 one for an initial term expiring the third Monday in January
31 of 1988. At the expiration of the term of any such
-52- LRB9102178REmbam01
1 commissioner the Governor shall reappoint said commissioner
2 or appoint a successor of said commissioner for a period of 6
3 years. The Governor shall have power to fill vacancies in the
4 office of any commissioner.
5 Notwithstanding any provision of this Section to the
6 contrary, the term of office of each member of the commission
7 is abolished on the effective date of this amendatory Act of
8 1985, but the incumbent members shall continue to exercise
9 all of the powers and be subject to all of the duties of
10 members of the commission until their respective successors
11 are appointed and qualified. The Governor shall appoint 2
12 members of the commission whose terms of office shall expire
13 on February 1, 1986, 2 members of the commission whose terms
14 of office shall expire on February 1, 1988, and one member of
15 the commission whose term shall expire on February 1, 1990.
16 Their respective successors shall be appointed for terms of 6
17 years from the first day of February of the year of
18 appointment. Each member shall serve until his successor is
19 appointed and qualified.
20 The initial term of both of the 2 additional members
21 appointed pursuant to this amendatory Act of the 91st General
22 Assembly shall expire on February 1, 2006. Their respective
23 successors shall be appointed for terms of 6 years from the
24 first day of February of the year of appointment. Each
25 member shall serve until his or her successor is appointed
26 and qualified.
27 (Source: P.A. 84-115.)
28 (235 ILCS 5/3-9) (from Ch. 43, par. 105)
29 Sec. 3-9. Compensation of commissioners, secretary, and
30 employees. The chairman of the Commission shall receive an
31 annual salary of $32,000 or such greater amount as may be set
32 by the Compensation Review Board. The other commissioners
33 shall receive an annual salary of $28,000 or such greater
-53- LRB9102178REmbam01
1 amount as may be set by the Compensation Review Board. The
2 chairman, commissioners, and secretary of the Commission
3 shall receive an annual salary as set by the Compensation
4 Review Board. All clerks, inspectors, and employees of the
5 Commission shall receive reasonable compensation in an amount
6 fixed by the Commission, subject to the approval in writing
7 of the Governor.
8 (Source: P.A. 89-250, eff. 1-1-96.)
9 (235 ILCS 5/7-8) (from Ch. 43, par. 152)
10 Sec. 7-8. For each city, village or incorporated town
11 having a population of 500,000 or more inhabitants, there is
12 established a license appeal commission consisting of the
13 chairman of the Illinois Liquor Control Commission, the most
14 senior member of the Illinois Liquor Control Commission who
15 is not of the same political party as the chairman, and one
16 person who is a resident of the particular city, village or
17 incorporated town selected by the council or president and
18 board of trustees, as the case may be, who shall serve for a
19 term of 4 years and until his successor is selected and takes
20 office. Neither the mayor, president of the board of
21 trustees, nor any member of the council or board of trustees
22 shall be eligible for membership on a license appeal
23 commission. Each of the 2 members of the Illinois Liquor
24 Control Commission shall receive a $200 $100 per diem for
25 their work on the license appeal commission, and the other
26 member shall receive an annual salary which shall be paid by
27 the particular city, village or incorporated town. The
28 secretary of the Illinois Liquor Control Commission shall be
29 ex-officio the secretary for each license appeal commission.
30 (Source: P.A. 84-1282.)
31 (410 ILCS 425/9 rep.)
32 Section 85. The High Blood Pressure Control Act is
-54- LRB9102178REmbam01
1 amended by repealing Section 9.
2 (410 ILCS 435/Act rep.)
3 Section 90. The Rheumatic Diseases Treatment Act is
4 repealed.
5 (415 ILCS 20/6.3 rep.)
6 Section 95. The Illinois Solid Waste Management Act is
7 amended by repealing Section 6.3.
8 Section 100. The Alternate Fuels Act is amended by
9 changing Section 20 as follows:
10 (415 ILCS 120/20)
11 Sec. 20. Rules. Alternate Fuels Advisory Board. The
12 Governor shall appoint an Alternate Fuels Advisory Board
13 representing all alternate fuels industries designated in
14 this Act and Illinois private fleet operators. The Advisory
15 Board shall be chaired by the Director. Other members
16 appointed by the Governor shall consist of 2 representatives
17 each from the ethanol and natural gas industries, one
18 representative from the liquid petroleum industry, one
19 representative from the electric industry, one representative
20 from the heavy duty engine manufacturing industry, and one
21 representative from Illinois private fleet operators. The
22 Advisory Board shall prepare and recommend to the Agency
23 Rules implementing Section 30 of this Act shall include, but
24 are, including, but not limited to, calculation of fuel cost
25 differential rebates and designation of acceptable conversion
26 and OEM technologies.
27 Members of the Advisory Board shall not be reimbursed
28 their costs and expenses of participation. All decisions of
29 the Advisory Board shall be decided on a one vote per member
30 basis with a majority of the Advisory Board membership to
-55- LRB9102178REmbam01
1 rule.
2 In designating acceptable conversion or OEM technologies,
3 the Advisory Board and Agency shall favor, when available,
4 technology that is in compliance with the federal Clean Air
5 Act Amendments of 1990 and applicable implementing federal
6 regulations. Conversion and OEM technologies that
7 demonstrate emission reduction capabilities that meet or
8 exceed emission standards applicable for the vehicle's model
9 year and weight class shall be acceptable. Standards
10 requiring proper installation of approved conversion
11 technologies shall be included in the recommended rules.
12 Notwithstanding the above, engines used in alternate fuel
13 vehicles greater than 8500 pounds GVWR, whether new or
14 remanufactured, shall meet the appropriate United States
15 Environmental Protection Agency emissions standards at the
16 time of manufacture, and if converted, shall meet the
17 standards in effect at the time of conversion.
18 (Source: P.A. 89-410; 90-726, eff. 8-7-98.)
19 Section 105. The Attorney Act is amended by changing
20 Section 1 as follows:
21 (705 ILCS 205/1) (from Ch. 13, par. 1)
22 Sec. 1. No person shall be permitted to practice as an
23 attorney or counselor at law within this State without having
24 previously obtained a license for that purpose from the
25 Supreme Court of this State.
26 No person shall receive any compensation directly or
27 indirectly for any legal services other than a regularly
28 licensed attorney.
29 A license, as provided for herein, constitutes the person
30 receiving the same an attorney and counselor at law,
31 according to the law and customs thereof, for and during his
32 good behavior in the practice and authorizes him to demand
-56- LRB9102178REmbam01
1 and receive fees for any services which he may render as an
2 attorney and counselor at law in this State. No person shall
3 be granted a license or renewal authorized by this Act who
4 has defaulted on an educational loan guaranteed by the
5 Illinois Student Assistance Commission; however, a license or
6 renewal may be issued to the aforementioned persons who have
7 established a satisfactory repayment record as determined by
8 the Illinois Student Assistance Commission. No person shall
9 be granted a license or renewal authorized by this Act who is
10 more than 30 days delinquent in complying with a child
11 support order; a license or renewal may be issued, however,
12 if the person has established a satisfactory repayment record
13 as determined (i) by the Illinois Department of Public Aid
14 for cases being enforced under Article X of the Illinois
15 Public Aid Code or (ii) in all other cases by order of court
16 or by written agreement between the custodial parent and
17 non-custodial parent. No person shall be refused a license
18 under this Act on account of sex.
19 Any person practicing, charging or receiving fees for
20 legal services within this State, either directly or
21 indirectly, without being licensed to practice as herein
22 required, is guilty of contempt of court and shall be
23 punished accordingly, upon complaint being filed in any
24 Circuit Court of this State. Such proceedings shall be
25 conducted in the Courts of the respective counties where the
26 alleged contempt has been committed in the same manner as in
27 cases of indirect contempt and with the right of review by
28 the parties thereto.
29 The provisions of this Act shall be in addition to other
30 remedies permitted by law and shall not be construed to
31 deprive courts of this State of their inherent right to
32 punish for contempt or to restrain the unauthorized practice
33 of law.
34 Nothing in this Act shall be construed to prohibit
-57- LRB9102178REmbam01
1 representation of a party by a person who is not an attorney
2 in a proceeding before either panel of the Illinois State
3 Labor Relations Board or the Illinois Local Labor Relations
4 Board under the Illinois Public Labor Relations Act, as now
5 or hereafter amended, the Illinois Educational Labor
6 Relations Board under the Illinois Educational Labor
7 Relations Act, as now or hereafter amended, the State Civil
8 Service Commission, the local Civil Service Commissions, or
9 the University Civil Service Merit Board, to the extent
10 allowed pursuant to rules and regulations promulgated by
11 those Boards and Commissions.
12 (Source: P.A. 89-6, eff. 3-6-95.)
13 Section 110. The Unified Code of Corrections is amended
14 by changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows:
15 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
16 Sec. 3-3-1. Establishment and Appointment of Prisoner
17 Review Board.
18 (a) There shall be a Prisoner Review Board independent
19 of the Department of Corrections which shall be:
20 (1) the paroling authority for persons sentenced under
21 the law in effect prior to the effective date of this
22 amendatory Act of 1977;
23 (2) the board of review for cases involving the
24 revocation of good conduct credits or a suspension or
25 reduction in the rate of accumulating such credit;
26 (3) the board of review and recommendation for the
27 exercise of executive clemency by the Governor;
28 (4) the authority for establishing release dates for
29 certain prisoners sentenced under the law in existence prior
30 to the effective date of this amendatory Act of 1977, in
31 accordance with Section 3-3-2.1 of this Code;
32 (5) the authority for setting conditions for parole and
-58- LRB9102178REmbam01
1 mandatory supervised release under Section 5-8-1(a) of this
2 Code, and determining whether a violation of those conditions
3 warrant revocation of parole or mandatory supervised release
4 or the imposition of other sanctions.
5 (b) The Board shall consist of 15 12 persons appointed
6 by the Governor by and with the advice and consent of the
7 Senate. One member of the Board shall be designated by the
8 Governor to be Chairman and shall serve as Chairman at the
9 pleasure of the Governor. The members of the Board shall have
10 had at least 5 years of actual experience in the fields of
11 penology, corrections work, law enforcement, sociology, law,
12 education, social work, medicine, psychology, other
13 behavioral sciences, or a combination thereof. At least 7 6
14 members so appointed must have had at least 3 years
15 experience in the field of juvenile matters. No more than 8 6
16 Board members may be members of the same political party.
17 Each member of the Board shall serve on a full time basis and
18 shall not hold any other salaried public office, whether
19 elective or appointive. The Chairman of the Board shall
20 receive $35,000 a year, or an amount set by the Compensation
21 Review Board, whichever is greater, and each other member
22 $30,000, or an amount set by the Compensation Review Board,
23 whichever is greater.
24 (c) The terms of the present members of the Prisoner
25 Review Board shall expire on the effective date of this
26 amendatory Act of 1985, but the incumbent members shall
27 continue to exercise all of the powers and be subject to all
28 the duties of members of the Board until their respective
29 successors are appointed and qualified. The Governor shall
30 appoint 3 members to the Prisoner Review Board whose terms
31 shall expire on the third Monday in January 1987, 4 members
32 whose terms shall expire on the third Monday in January 1989,
33 and 3 members whose terms shall expire on the third Monday in
34 January 1991. The term of one of the members created by this
-59- LRB9102178REmbam01
1 amendatory Act of 1986 shall expire on the third Monday in
2 January 1989 and the term of the other shall expire on the
3 third Monday in January 1991. The initial terms of the 3
4 additional members appointed pursuant to this amendatory Act
5 of the 91st General Assembly shall expire on the third Monday
6 in January 2006. Their respective successors shall be
7 appointed for terms of 6 years from the third Monday in
8 January of the year of appointment. Each member shall serve
9 until his successor is appointed and qualified. Any member
10 may be removed by the Governor for incompetence, neglect of
11 duty, malfeasance or inability to serve.
12 (d) The Chairman of the Board shall be its chief
13 executive and administrative officer.
14 (Source: P.A. 85-1433.)
15 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
16 Sec. 3-3-2. Powers and Duties.
17 (a) The Parole and Pardon Board is abolished and the
18 term "Parole and Pardon Board" as used in any law of
19 Illinois, shall read "Prisoner Review Board." After the
20 effective date of this amendatory Act of 1977, the Prisoner
21 Review Board shall provide by rule for the orderly transition
22 of all files, records, and documents of the Parole and Pardon
23 Board and for such other steps as may be necessary to effect
24 an orderly transition and shall:
25 (1) hear by at least one member and through a panel
26 of at least 5 3 members decide, cases of prisoners who
27 were sentenced under the law in effect prior to the
28 effective date of this amendatory Act of 1977, and who
29 are eligible for parole;
30 (2) hear by at least one member and through a panel
31 of at least 5 3 members decide, the conditions of parole
32 and the time of discharge from parole, impose sanctions
33 for violations of parole, and revoke parole for those
-60- LRB9102178REmbam01
1 sentenced under the law in effect prior to this
2 amendatory Act of 1977; provided that the decision to
3 parole and the conditions of parole for all prisoners who
4 were sentenced for first degree murder or who received a
5 minimum sentence of 20 years or more under the law in
6 effect prior to February 1, 1978 shall be determined by a
7 majority vote of the Prisoner Review Board;
8 (3) hear by at least one member and through a panel
9 of at least 5 3 members decide, the conditions of
10 mandatory supervised release and the time of discharge
11 from mandatory supervised release, impose sanctions for
12 violations of mandatory supervised release, and revoke
13 mandatory supervised release for those sentenced under
14 the law in effect after the effective date of this
15 amendatory Act of 1977;
16 (4) hear by at least 1 member and through a panel
17 of at least 5 3 members, decide cases brought by the
18 Department of Corrections against a prisoner in the
19 custody of the Department for alleged violation of
20 Department rules with respect to good conduct credits
21 pursuant to Section 3-6-3 of this Code in which the
22 Department seeks to revoke good conduct credits, if the
23 amount of time at issue exceeds 30 days or when, during
24 any 12 month period, the cumulative amount of credit
25 revoked exceeds 30 days except where the infraction is
26 committed or discovered within 60 days of scheduled
27 release. In such cases, the Department of Corrections may
28 revoke up to 30 days of good conduct credit. The Board
29 may subsequently approve the revocation of additional
30 good conduct credit, if the Department seeks to revoke
31 good conduct credit in excess of thirty days. However,
32 the Board shall not be empowered to review the
33 Department's decision with respect to the loss of 30 days
34 of good conduct credit for any prisoner or to increase
-61- LRB9102178REmbam01
1 any penalty beyond the length requested by the
2 Department;
3 (5) hear by at least one member and through a panel
4 of at least 5 3 members decide, the release dates for
5 certain prisoners sentenced under the law in existence
6 prior to the effective date of this amendatory Act of
7 1977, in accordance with Section 3-3-2.1 of this Code;
8 (6) hear by at least one member and through a panel
9 of at least 5 3 members decide, all requests for pardon,
10 reprieve or commutation, and make confidential
11 recommendations to the Governor;
12 (7) comply with the requirements of the Open Parole
13 Hearings Act; and
14 (8) hear by at least one member and, through a
15 panel of at least 5 3 members, decide cases brought by
16 the Department of Corrections against a prisoner in the
17 custody of the Department for court dismissal of a
18 frivolous lawsuit pursuant to Section 3-6-3(d) of this
19 Code in which the Department seeks to revoke up to 180
20 days of good conduct credit, and if the prisoner has not
21 accumulated 180 days of good conduct credit at the time
22 of the dismissal, then all good conduct credit
23 accumulated by the prisoner shall be revoked.
24 (a-5) The Prisoner Review Board, with the cooperation of
25 and in coordination with the Department of Corrections and
26 the Department of Central Management Services, shall
27 implement a pilot project in 3 correctional institutions
28 providing for the conduct of hearings under paragraphs (1)
29 and (4) of subsection (a) of this Section through interactive
30 video conferences. The project shall be implemented within 6
31 months after the effective date of this amendatory Act of
32 1996. Within 6 months after the implementation of the pilot
33 project, the Prisoner Review Board, with the cooperation of
34 and in coordination with the Department of Corrections and
-62- LRB9102178REmbam01
1 the Department of Central Management Services, shall report
2 to the Governor and the General Assembly regarding the use,
3 costs, effectiveness, and future viability of interactive
4 video conferences for Prisoner Review Board hearings.
5 (b) Upon recommendation of the Department the Board may
6 restore good conduct credit previously revoked.
7 (c) The Board shall cooperate with the Department in
8 promoting an effective system of parole and mandatory
9 supervised release.
10 (d) The Board shall promulgate rules for the conduct of
11 its work, and the Chairman shall file a copy of such rules
12 and any amendments thereto with the Director and with the
13 Secretary of State.
14 (e) The Board shall keep records of all of its official
15 actions and shall make them accessible in accordance with law
16 and the rules of the Board.
17 (f) The Board or one who has allegedly violated the
18 conditions of his parole or mandatory supervised release may
19 require by subpoena the attendance and testimony of witnesses
20 and the production of documentary evidence relating to any
21 matter under investigation or hearing. The Chairman of the
22 Board may sign subpoenas which shall be served by any agent
23 or public official authorized by the Chairman of the Board,
24 or by any person lawfully authorized to serve a subpoena
25 under the laws of the State of Illinois. The attendance of
26 witnesses, and the production of documentary evidence, may be
27 required from any place in the State to a hearing location in
28 the State before the Chairman of the Board or his designated
29 agent or agents or any duly constituted Committee or
30 Subcommittee of the Board. Witnesses so summoned shall be
31 paid the same fees and mileage that are paid witnesses in the
32 circuit courts of the State, and witnesses whose depositions
33 are taken and the persons taking those depositions are each
34 entitled to the same fees as are paid for like services in
-63- LRB9102178REmbam01
1 actions in the circuit courts of the State. Fees and mileage
2 shall be vouchered for payment when the witness is discharged
3 from further attendance.
4 In case of disobedience to a subpoena, the Board may
5 petition any circuit court of the State for an order
6 requiring the attendance and testimony of witnesses or the
7 production of documentary evidence or both. A copy of such
8 petition shall be served by personal service or by registered
9 or certified mail upon the person who has failed to obey the
10 subpoena, and such person shall be advised in writing that a
11 hearing upon the petition will be requested in a court room
12 to be designated in such notice before the judge hearing
13 motions or extraordinary remedies at a specified time, on a
14 specified date, not less than 10 nor more than 15 days after
15 the deposit of the copy of the written notice and petition in
16 the U.S. mails addressed to the person at his last known
17 address or after the personal service of the copy of the
18 notice and petition upon such person. The court upon the
19 filing of such a petition, may order the person refusing to
20 obey the subpoena to appear at an investigation or hearing,
21 or to there produce documentary evidence, if so ordered, or
22 to give evidence relative to the subject matter of that
23 investigation or hearing. Any failure to obey such order of
24 the circuit court may be punished by that court as a contempt
25 of court.
26 Each member of the Board and any hearing officer
27 designated by the Board shall have the power to administer
28 oaths and to take the testimony of persons under oath.
29 (g) Except under subsection (a) of this Section, a
30 majority of the members then appointed to the Prisoner Review
31 Board shall constitute a quorum for the transaction of all
32 business of the Board.
33 (h) The Prisoner Review Board shall annually transmit to
34 the Director a detailed report of its work for the preceding
-64- LRB9102178REmbam01
1 calendar year. The annual report shall also be transmitted to
2 the Governor for submission to the Legislature.
3 (Source: P.A. 89-490, eff. 1-1-97; 89-656, eff. 1-1-97;
4 90-14, eff. 7-1-97.)
5 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
6 Sec. 3-3-5. Hearing and Determination.
7 (a) The Prisoner Review Board shall meet as often as
8 need requires to consider the cases of persons eligible for
9 parole. Except as otherwise provided in paragraph (2) of
10 subsection (a) of Section 3-3-2 of this Act, the Prisoner
11 Review Board may meet and order its actions in panels of 5 3
12 or more members. The action of a majority of the panel shall
13 be the action of the Board. In consideration of persons
14 committed to the Juvenile Division, the panel shall have at
15 least a majority of members experienced in juvenile matters.
16 (b) If the person under consideration for parole is in
17 the custody of the Department, at least one member of the
18 Board shall interview him, and a report of that interview
19 shall be available for the Board's consideration. However,
20 in the discretion of the Board, the interview need not be
21 conducted if a psychiatric examination determines that the
22 person could not meaningfully contribute to the Board's
23 consideration. The Board may in its discretion parole a
24 person who is then outside the jurisdiction on his record
25 without an interview. The Board need not hold a hearing or
26 interview a person who is paroled under paragraphs (d) or (e)
27 of this Section or released on Mandatory release under
28 Section 3-3-10.
29 (c) The Board shall not parole a person eligible for
30 parole if it determines that:
31 (1) there is a substantial risk that he will not
32 conform to reasonable conditions of parole; or
33 (2) his release at that time would deprecate the
-65- LRB9102178REmbam01
1 seriousness of his offense or promote disrespect for the
2 law; or
3 (3) his release would have a substantially adverse
4 effect on institutional discipline.
5 (d) A person committed under the Juvenile Court Act or
6 the Juvenile Court Act of 1987 who has not been sooner
7 released shall be paroled on or before his 20th birthday to
8 begin serving a period of parole under Section 3-3-8.
9 (e) A person who has served the maximum term of
10 imprisonment imposed at the time of sentencing less time
11 credit for good behavior shall be released on parole to serve
12 a period of parole under Section 5-8-1.
13 (f) The Board shall render its decision within a
14 reasonable time after hearing and shall state the basis
15 therefor both in the records of the Board and in written
16 notice to the person on whose application it has acted. In
17 its decision, the Board shall set the person's time for
18 parole, or if it denies parole it shall provide for a
19 rehearing not less frequently than once every year, except
20 that the Board may, after denying parole, schedule a
21 rehearing no later than 3 years from the date of the parole
22 denial, if the Board finds that it is not reasonable to
23 expect that parole would be granted at a hearing prior to the
24 scheduled rehearing date. If the Board shall parole a person,
25 and, if he is not released within 90 days from the effective
26 date of the order granting parole, the matter shall be
27 returned to the Board for review.
28 (g) The Board shall maintain a registry of decisions in
29 which parole has been granted, which shall include the name
30 and case number of the prisoner, the highest charge for which
31 the prisoner was sentenced, the length of sentence imposed,
32 the date of the sentence, the date of the parole, the basis
33 for the decision of the Board to grant parole and the vote of
34 the Board on any such decisions. The registry shall be made
-66- LRB9102178REmbam01
1 available for public inspection and copying during business
2 hours and shall be a public record pursuant to the provisions
3 of the Freedom of Information Act.
4 (h) The Board shall promulgate rules regarding the
5 exercise of its discretion under this Section.
6 (Source: P.A. 89-428, eff. 12-13-95; 89-689, eff. 12-31-96.)
7 Section 115. The Motor Vehicle Franchise Act is amended
8 by changing Section 16 as follows:
9 (815 ILCS 710/16)
10 Sec. 16. Motor Vehicle Review Board; Appointment. The
11 Secretary of State shall, within 6 months of the effective
12 date of this Act, establish a Motor Vehicle Review Board.
13 The Motor Vehicle Review Board shall be composed of 7 5
14 members appointed by the Secretary of State. The members
15 shall represent the public interest at large and shall not
16 have engaged in the sale, manufacture, or distribution of
17 motor vehicles at retail in this State. Each member of the
18 Board shall receive compensation as provided in the
19 regulations for performance of the duties of the office, and
20 in addition, shall be paid all travel and other necessary
21 expenses incurred while performing official duties. Terms of
22 office of the members shall be for 3 years, except that, of
23 the members first appointed to take office after the
24 effective date of this amendatory Act of 1995, 2 shall be
25 appointed for a 3-year term, and one shall be appointed for a
26 2-year term. Of the members first appointed under this
27 amendatory Act of 1996, one shall be appointed to a 3-year
28 term, and one shall be appointed to a 2-year term. Of the
29 members first appointed to take office after the effective
30 date of this amendatory Act of the 91st General Assembly, one
31 shall be appointed to a 3-year term and one shall be
32 appointed to a 2-year term. Thereafter, each member shall be
-67- LRB9102178REmbam01
1 appointed for a 3-year term. As terms of appointment expire,
2 members shall serve until their respective successors are
3 appointed and qualified. No more than 4 members of the Board
4 may be of the same political party. No member shall serve
5 for more than 2 consecutive terms. A member who tenders a
6 written resignation shall serve only until the resignation is
7 accepted by the Chairperson. A member who fails to attend 3
8 consecutive Board meetings without an excused absence shall
9 no longer serve as a member. The Secretary of State shall
10 fill any vacancy by the appointment of a member for the
11 unexpired term of the member in the same manner as in the
12 making of original appointments. Annually, the Board shall
13 organize by selecting a Chairperson from one of the 7 5
14 members from the public at large.
15 (Source: P.A. 89-145, eff. 7-14-95; 89-687, eff. 6-1-97.)
16 (820 ILCS 220/2a rep.)
17 Section 120. The Safety Inspection and Education Act is
18 amended by repealing Section 2a.
19 Section 125. The Departments of State Government Law of
20 the Civil Administrative Code of Illinois is amended by
21 changing Sections 5-525 and 5-565 as follows:
22 (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
23 Sec. 5-525. In the Department of Agriculture.
24 (a) (Blank). A Board of Agricultural Advisors composed
25 of 17 persons engaged in agricultural industries, including
26 representatives of the agricultural press and of the State
27 Agricultural Experiment Station.
28 (b) An Advisory Board of Livestock Commissioners to
29 consist of 25 persons. The Board shall consist of the
30 administrator of animal disease programs, the Dean of the
31 College of Agriculture of the University of Illinois, the
-68- LRB9102178REmbam01
1 Dean of the College of Veterinary Medicine of the University
2 of Illinois, and commencing on January 1, 1990 the Deans or
3 Chairmen of the Colleges or Departments of Agriculture of
4 Illinois State University, Southern Illinois University, and
5 Western Illinois University in that order who shall each
6 serve for 1 year terms, provided that commencing on January
7 1, 1993 such terms shall be for 2 years in the same order,
8 the Director of Public Health, the Director of Natural
9 Resources, the chairman of the Agriculture, Conservation and
10 Energy Committee of the Senate, and the chairman of the
11 Committee on Agriculture of the House of Representatives, who
12 shall ex-officio be members of the Board, and 17 additional
13 persons interested in the prevention, elimination and control
14 of diseases of domestic animals and poultry who shall be
15 appointed by the Governor to serve at the Governor's
16 pleasure. An appointed member's office becomes vacant upon
17 the member's absence from 3 consecutive meetings. Of the 17
18 additional persons, one shall be a representative of breeders
19 of beef cattle, one shall be a representative of breeders of
20 dairy cattle, one shall be a representative of breeders of
21 dual purpose cattle, one shall be a representative of
22 breeders of swine, one shall be a representative of poultry
23 breeders, one shall be a representative of sheep breeders,
24 one shall be a veterinarian licensed in this State, one shall
25 be a representative of general or diversified farming, one
26 shall be a representative of deer or elk breeders, one shall
27 be a representative of livestock auction markets, one shall
28 be a representative of cattle feeders, one shall be a
29 representative of pork producers, one shall be a
30 representative of the State licensed meat packers, one shall
31 be a representative of canine breeders, one shall be a
32 representative of equine breeders, one shall be a
33 representative of the Illinois licensed renderers, and one
34 shall be a representative of livestock dealers. The members
-69- LRB9102178REmbam01
1 shall receive no compensation but shall be reimbursed for
2 expenses necessarily incurred in the performance of their
3 duties. In the appointment of the Advisory Board of
4 Livestock Commissioners, the Governor shall consult with
5 representative persons and recognized organizations in the
6 respective fields concerning the appointments.
7 Rules and regulations of the Department of Agriculture
8 pertaining to the prevention, elimination, and control of
9 diseases of domestic animals and poultry shall be submitted
10 to the Advisory Board of Livestock Commissioners for approval
11 at its duly called meeting. The chairman of the Board shall
12 certify the official minutes of the Board's action and shall
13 file the certified minutes with the Department of Agriculture
14 within 30 days after the proposed rules and regulations are
15 submitted and before they are promulgated and made effective.
16 If the Board fails to take action within 30 days this
17 limitation shall not apply and the rules and regulations may
18 be promulgated and made effective. In the event it is deemed
19 desirable, the Board may hold hearings upon the rules and
20 regulations or proposed revisions. The Board members shall be
21 familiar with the Acts relating to the prevention,
22 elimination, and control of diseases among domestic animals
23 and poultry. The Department shall, upon the request of a
24 Board member, advise the Board concerning the administration
25 of the respective Acts.
26 The Director of Agriculture or his representative from
27 the Department shall act as chairman of the Board. The
28 Director shall call meetings of the Board from time to time
29 or when requested by 3 or more appointed members of the
30 Board. A quorum of appointed members must be present to
31 convene an official meeting. The chairman and ex-officio
32 members shall not be included in a quorum call. Ex-officio
33 members may be represented by a duly authorized
34 representative from their department, division, college, or
-70- LRB9102178REmbam01
1 committee. Appointed members shall not be represented at a
2 meeting by another person. Ex-officio members and appointed
3 members shall have the right to vote on all proposed rules
4 and regulations; voting that in effect would pertain to
5 approving rules and regulations shall be taken by an oral
6 roll call. No member shall vote by proxy. The chairman
7 shall not vote except in the case of a tie vote. Any
8 ex-officio or appointed member may ask for and shall receive
9 an oral roll call on any motion before the Board. The
10 Department shall provide a clerk to take minutes of the
11 meetings and record transactions of the Board. The Board, by
12 oral roll call, may require an official court reporter to
13 record the minutes of the meetings.
14 (Source: P.A. 91-239, eff. 1-1-00; 91-457, eff. 1-1-00;
15 revised 8-25-99.)
16 (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
17 Sec. 5-565. In the Department of Public Health.
18 (a) The General Assembly declares it to be the public
19 policy of this State that all citizens of Illinois are
20 entitled to lead healthy lives. Governmental public health
21 has a specific responsibility to ensure that a system is in
22 place to allow the public health mission to be achieved. To
23 develop a system requires certain core functions to be
24 performed by government. The State Board of Health is to
25 assume the leadership role in advising the Director in
26 meeting the following functions:
27 (1) Needs assessment.
28 (2) Statewide health objectives.
29 (3) Policy development.
30 (4) Assurance of access to necessary services.
31 There shall be a State Board of Health composed of 17
32 persons, all of whom shall be appointed by the Governor, with
33 the advice and consent of the Senate for those appointed by
-71- LRB9102178REmbam01
1 the Governor on and after June 30, 1998, and one of whom
2 shall be a senior citizen age 60 or over. Five members shall
3 be physicians licensed to practice medicine in all its
4 branches, one representing a medical school faculty, one who
5 is board certified in preventive medicine, and 2 who are
6 engaged in private practice. One member shall be a dentist;
7 one an environmental health practitioner; one a local public
8 health administrator; one a local board of health member; one
9 a registered nurse; one a veterinarian; one a public health
10 academician; one a health care industry representative; and 4
11 shall be citizens at large.
12 In the appointment of the first Board of Health members
13 appointed after September 19, 1991 (the effective date of
14 Public Act 87-633), the Governor shall appoint 5 members to
15 serve for terms of 5 years; 5 members to serve for terms of 2
16 years; and 5 members to serve for a term of one year. Members
17 appointed thereafter shall be appointed for terms of 3 years,
18 except that when an appointment is made to fill a vacancy,
19 the appointment shall be for the remaining term of the
20 position vacated. The initial terms for the 2 additional
21 members of the board who are citizens at large appointed
22 under Public Act 90-607 shall be for 3 years each, with these
23 positions thereafter being filled as with other members
24 appointed by the Governor. All members shall be legal
25 residents of the State of Illinois. The duties of the Board
26 shall include, but not be limited to, the following:
27 (1) To advise the Department of ways to encourage
28 public understanding and support of the Department's
29 programs.
30 (2) To evaluate all boards, councils, committees,
31 authorities, and bodies advisory to, or an adjunct of,
32 the Department of Public Health or its Director for the
33 purpose of recommending to the Director one or more of
34 the following:
-72- LRB9102178REmbam01
1 (i) The elimination of bodies whose activities
2 are not consistent with goals and objectives of the
3 Department.
4 (ii) The consolidation of bodies whose
5 activities encompass compatible programmatic
6 subjects.
7 (iii) The restructuring of the relationship
8 between the various bodies and their integration
9 within the organizational structure of the
10 Department.
11 (iv) The establishment of new bodies deemed
12 essential to the functioning of the Department.
13 (3) To serve as an advisory group to the Director
14 for public health emergencies and control of health
15 hazards.
16 (4) To advise the Director regarding public health
17 policy, and to make health policy recommendations
18 regarding priorities to the Governor through the
19 Director.
20 (5) To present public health issues to the Director
21 and to make recommendations for the resolution of those
22 issues.
23 (6) To recommend studies to delineate public health
24 problems.
25 (7) To make recommendations to the Governor through
26 the Director regarding the coordination of State public
27 health activities with other State and local public
28 health agencies and organizations.
29 (8) To report on or before February 1 of each year
30 on the health of the residents of Illinois to the
31 Governor, the General Assembly, and the public.
32 (9) To review the final draft of all proposed
33 administrative rules, other than emergency or preemptory
34 rules and those rules that another advisory body must
-73- LRB9102178REmbam01
1 approve or review within a statutorily defined time
2 period, of the Department after September 19, 1991 (the
3 effective date of Public Act 87-633). The Board shall
4 review the proposed rules within 90 days of submission by
5 the Department. The Department shall take into
6 consideration any comments and recommendations of the
7 Board regarding the proposed rules prior to submission to
8 the Secretary of State for initial publication. If the
9 Department disagrees with the recommendations of the
10 Board, it shall submit a written response outlining the
11 reasons for not accepting the recommendations.
12 In the case of proposed administrative rules or
13 amendments to administrative rules regarding immunization
14 of children against preventable communicable diseases
15 designated by the Director under the Communicable Disease
16 Prevention Act, after the Immunization Advisory Committee
17 has made its recommendations, the Board shall conduct 3
18 public hearings, geographically distributed throughout
19 the State. At the conclusion of the hearings, the State
20 Board of Health shall issue a report, including its
21 recommendations, to the Director. The Director shall
22 take into consideration any comments or recommendations
23 made by the Board based on these hearings.
24 (10) To make recommendations to the Governor
25 through the Director concerning the development and
26 periodic updating of Statewide health objectives
27 encompassing, in part, the periodically published federal
28 health objectives for the nation, which will provide the
29 basis for the policy development and assurance roles of
30 the State Health Department, and to make recommendations
31 to the Governor through the Director regarding
32 legislation and funding necessary to implement the
33 objectives.
34 (11) Upon the request of the Governor, to recommend
-74- LRB9102178REmbam01
1 to the Governor candidates for Director of Public Health
2 when vacancies occur in the position.
3 (12) To adopt bylaws for the conduct of its own
4 business, including the authority to establish ad hoc
5 committees to address specific public health programs
6 requiring resolution.
7 Upon appointment, the Board shall elect a chairperson
8 from among its members.
9 Members of the Board shall receive compensation for their
10 services at the rate of $150 per day, not to exceed $10,000
11 per year, as designated by the Director for each day required
12 for transacting the business of the Board and shall be
13 reimbursed for necessary expenses incurred in the performance
14 of their duties. The Board shall meet from time to time at
15 the call of the Department, at the call of the chairperson,
16 or upon the request of 3 of its members, but shall not meet
17 less than 4 times per year.
18 (b) (Blank). An Advisory Board of Cancer Control which
19 shall consist of 9 members, one of whom shall be a senior
20 citizen age 60 or over, appointed by the Governor, one of
21 whom shall be designated as chairman by a majority of the
22 members of the Board. No less than 4 members shall be
23 recognized authorities in cancer control, and at least 4
24 members shall be physicians licensed to practice medicine in
25 all of its branches in the State of Illinois. In the
26 appointment of the first board the Governor shall appoint 2
27 members to serve for terms of 1 year, 2 for terms of 2 years,
28 and 3 for terms of 3 years. The members first appointed under
29 Public Act 83-1538 shall serve for a term of 3 years. All
30 members appointed thereafter shall be appointed for terms of
31 3 years, except that when an appointment is made to fill a
32 vacancy, the appointment shall be for the remaining term of
33 the position vacant. The members of the Board shall be
34 citizens of the State of Illinois. In the appointment of the
-75- LRB9102178REmbam01
1 Advisory Board the Governor shall invite nominations from
2 recognized medical organizations of this State. The Board is
3 authorized to receive voluntary contributions from any source
4 and to expend the contributions for the purpose of cancer
5 control as authorized by this Act, and the laws of this
6 State.
7 (c) An Advisory Board on Necropsy Service to Coroners,
8 which shall counsel and advise with the Director on the
9 administration of the Autopsy Act. The Advisory Board shall
10 consist of 11 members, including a senior citizen age 60 or
11 over, appointed by the Governor, one of whom shall be
12 designated as chairman by a majority of the members of the
13 Board. In the appointment of the first Board the Governor
14 shall appoint 3 members to serve for terms of 1 year, 3 for
15 terms of 2 years, and 3 for terms of 3 years. The members
16 first appointed under Public Act 83-1538 shall serve for a
17 term of 3 years. All members appointed thereafter shall be
18 appointed for terms of 3 years, except that when an
19 appointment is made to fill a vacancy, the appointment shall
20 be for the remaining term of the position vacant. The members
21 of the Board shall be citizens of the State of Illinois. In
22 the appointment of members of the Advisory Board the Governor
23 shall appoint 3 members who shall be persons licensed to
24 practice medicine and surgery in the State of Illinois, at
25 least 2 of whom shall have received post-graduate training in
26 the field of pathology; 3 members who are duly elected
27 coroners in this State; and 5 members who shall have interest
28 and abilities in the field of forensic medicine but who shall
29 be neither persons licensed to practice any branch of
30 medicine in this State nor coroners. In the appointment of
31 medical and coroner members of the Board, the Governor shall
32 invite nominations from recognized medical and coroners
33 organizations in this State respectively. Board members,
34 while serving on business of the Board, shall receive actual
-76- LRB9102178REmbam01
1 necessary travel and subsistence expenses while so serving
2 away from their places of residence.
3 (Source: P.A. 90-607, eff. 6-30-98; 91-239, eff. 1-1-00.)
4 (20 ILCS 225/Act rep.)
5 Section 135. The State Export Promotion Coordinating Act
6 is repealed.
7 (20 ILCS 505/17a-1 rep.)
8 Section 140. The Children and Family Services Act is
9 amended by repealing Section 17a-1.
10 (20 ILCS 1705/65 rep.)
11 Section 145. The Mental Health and Developmental
12 Disabilities Administration Act is amended by repealing
13 Section 65.
14 (20 ILCS 2310/2310-300 rep.)
15 Section 150. The Department of Public Health Powers and
16 Duties Law of the Civil Administrative Code of Illinois is
17 amended by repealing Section 2310-300.
18 (20 ILCS 3937/Act rep.)
19 Section 155. The First Aid Task Force Act is repealed.
20 (20 ILCS 4035/Act rep.)
21 Section 160. The Year 2000 Technology Task Force Act is
22 repealed.
23 (70 ILCS 1705/37.2 rep.)
24 (70 ILCS 1705/37.3 rep.)
25 Section 165. The Northeastern Illinois Planning Act is
26 amended by repealing Sections 37.2 and 37.3.
-77- LRB9102178REmbam01
1 (110 ILCS 370/2 rep.)
2 Section 170. The Police Training Institute Act is
3 amended by repealing Section 2.
4 (110 ILCS 925/4.03b rep.)
5 (110 ILCS 925/6 rep.)
6 Section 175. The Dental Student Grant Act is amended by
7 repealing Sections 4.03b and 6.
8 (210 ILCS 45/3-108a rep.)
9 Section 180. The Nursing Home Care Act is amended by
10 repealing Section 3-108a.
11 Section 185. The Campground Licensing and Recreational
12 Area Act is amended by changing Section 21 as follows:
13 (210 ILCS 95/21) (from Ch. 111 1/2, par. 781)
14 Sec. 21. (a) After consideration of the recommendations
15 of the Campground Licensing and Recreational Area Advisory
16 Council, provided by Section 22, The Department shall
17 promulgate such rules and regulations as may be necessary for
18 the proper enforcement of this Act, to protect the health and
19 safety of the public using such recreational areas and
20 campgrounds and may, when necessary, utilize the services of
21 any other State agencies to assist in carrying out the
22 purposes of this Act. These regulations shall include, but
23 are not limited to, standards relating to water supply,
24 sewage and solid waste disposal, food service sanitation,
25 design of buildings, rodent and insect control, water and
26 swimming hazards, first aid, communicable disease control,
27 safety, cleanliness and sanitation.
28 (b) The Department may designate county and
29 multiple-county health departments or municipal boards of
30 health to make inspections relating to compliance with this
-78- LRB9102178REmbam01
1 Act and the standards prescribed by the Department. The
2 reports and recommendations of any such agency shall be in
3 writing and shall state its findings with respect to
4 compliance or non-compliance with this Act and the
5 regulations. The Department or the designated agency shall
6 make at least 1 annual inspection of each campground and
7 inspect any recreational area when deemed necessary.
8 (Source: P.A. 84-650.)
9 (210 ILCS 95/22 rep.)
10 Section 190. The Campground Licensing and Recreational
11 Area Act is amended by repealing Section 22.
12 Section 195. The Environmental Protection Act is amended
13 by changing Section 22.28 as follows:
14 (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
15 Sec. 22.28. White goods.
16 (a) Beginning July 1, 1994, no person shall knowingly
17 offer for collection or collect white goods for the purpose
18 of disposal by landfilling unless the white good components
19 have been removed.
20 (b) Beginning July 1, 1994, no owner or operator of a
21 landfill shall accept any white goods for final disposal,
22 except that white goods may be accepted if:
23 (1) the landfill participates in the Industrial
24 Materials Exchange Service by communicating the
25 availability of white goods;
26 (2) prior to final disposal, any white good
27 components have been removed from the white goods; and
28 (3) if white good components are removed from the
29 white goods at the landfill, a site operating plan
30 satisfying this Act has been approved under the site
31 operating permit and the conditions of such operating
-79- LRB9102178REmbam01
1 plan are met.
2 (c) For the purposes of this Section:
3 (1) "White goods" shall include all discarded
4 refrigerators, ranges, water heaters, freezers, air
5 conditioners, humidifiers and other similar domestic and
6 commercial large appliances.
7 (2) "White good components" shall include:
8 (i) any chlorofluorocarbon refrigerant gas;
9 (ii) any electrical switch containing mercury;
10 (iii) any device that contains or may contain
11 PCBs in a closed system, such as a dielectric fluid
12 for a capacitor, ballast or other component; and
13 (iv) any fluorescent lamp that contains
14 mercury.
15 (d) The Agency is authorized to provide financial
16 assistance to units of local government from the Solid Waste
17 Management Fund to plan for and implement programs to
18 collect, transport and manage white goods. Units of local
19 government may apply jointly for financial assistance under
20 this Section.
21 Applications for such financial assistance shall be
22 submitted to the Agency and must provide a description of:
23 (A) the area to be served by the program;
24 (B) the white goods intended to be included in
25 the program;
26 (C) the methods intended to be used for
27 collecting and receiving materials;
28 (D) the property, buildings, equipment and
29 personnel included in the program;
30 (E) the public education systems to be used as
31 part of the program;
32 (F) the safety and security systems that will
33 be used;
34 (G) the intended processing methods for each
-80- LRB9102178REmbam01
1 white goods type;
2 (H) the intended destination for final
3 material handling location; and
4 (I) any staging sites used to handle collected
5 materials, the activities to be performed at such
6 sites and the procedures for assuring removal of
7 collected materials from such sites.
8 The application may be amended to reflect changes in
9 operating procedures, destinations for collected materials,
10 or other factors.
11 Financial assistance shall be awarded for a State fiscal
12 year, and may be renewed, upon application, if the Agency
13 approves the operation of the program.
14 (e) All materials collected or received under a program
15 operated with financial assistance under this Section shall
16 be recycled whenever possible. Treatment or disposal of
17 collected materials are not eligible for financial assistance
18 unless the applicant shows and the Agency approves which
19 materials may be treated or disposed of under various
20 conditions.
21 Any revenue from the sale of materials collected under
22 such a program shall be retained by the unit of local
23 government and may be used only for the same purposes as the
24 financial assistance under this Section.
25 (f) The Agency is authorized to adopt rules necessary or
26 appropriate to the administration of this Section.
27 (g) (Blank). There is established a White Goods Task
28 Force. The task force shall be composed of representatives
29 of all of the following:
30 (1) White goods retailers and manufacturers.
31 (2) Local governments.
32 (3) Affected businesses and utilities.
33 (4) Businesses involved in the processing, hauling,
34 and disposing of used white goods.
-81- LRB9102178REmbam01
1 (5) Environmental advocacy groups.
2 The Director of the Agency and the Director of the
3 Department shall appoint the members of the task force, and
4 they or their designees shall serve as co-chairs of the task
5 force. The task force shall develop and propose desired
6 statutory, regulatory, and programmatic changes necessary to
7 effectively implement the provisions of this Section. The
8 task force shall report its recommendations to the Governor
9 and General Assembly by July 1, 1993.
10 (Source: P.A. 89-619, eff. 1-1-97.)
11 (415 ILCS 5/57.14 rep.)
12 Section 200. The Environmental Protection Act is amended
13 by repealing Section 57.14.
14 (415 ILCS 115/20 rep.)
15 Section 205. The Illinois Pollution Prevention Act is
16 amended by repealing Section 20.
17 Section 215. The Illinois Commission on Community
18 Service Act is amended by changing the Act title and Sections
19 0.01, 1, 2, 3, 4, 5.1, 6.1, and 7 as follows:
20 (20 ILCS 710/Act title)
21 An Act to create a Commission on Volunteerism and
22 Community Service and to define its powers and duties.
23 (Source: P.A. 86-1192. Title amended by P.A. 87-902; 88-597,
24 eff. 1-9-95; 89-626, eff. 8-9-96.)
25 (20 ILCS 710/0.01) (from Ch. 127, par. 3800)
26 Sec. 0.01. Short title. This Act may be cited as the
27 Illinois Commission on Volunteerism and Community Service
28 Act.
29 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
-82- LRB9102178REmbam01
1 (20 ILCS 710/1) (from Ch. 127, par. 3801)
2 Sec. 1. Creation. There is created in the Department of
3 Human Services Commerce and Community Affairs the Illinois
4 Commission on Volunteerism and Community Service.
5 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
6 (20 ILCS 710/2) (from Ch. 127, par. 3802)
7 Sec. 2. Purpose. The purpose of the Illinois Commission
8 on Volunteerism and Community Service is to promote and
9 support community service in public and private programs to
10 meet the needs of Illinois citizens; to stimulate new
11 volunteerism and community service initiatives and
12 partnerships; and to serve as a resource and advocate within
13 the Department of Human Services Commerce and Community
14 Affairs for community service agencies, volunteers, and
15 programs which utilize State and private volunteers.
16 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
17 (20 ILCS 710/3) (from Ch. 127, par. 3803)
18 Sec. 3. Definitions.
19 "Commission" means the Illinois Commission on
20 Volunteerism and Community Service.
21 "Director" means the Executive Director of the Illinois
22 Commission on Volunteerism and Community Service.
23 "Staff" means the Illinois Commission on Volunteerism and
24 Community Service staff.
25 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
26 (20 ILCS 710/4) (from Ch. 127, par. 3804)
27 Sec. 4. Operation. The Lieutenant Governor shall
28 appoint a Director of the Lieutenant Governor's Commission on
29 Volunteerism and Community Service who shall serve at the
30 Lieutenant Governor's pleasure and who shall receive such
31 compensation as is determined by the Lieutenant Governor.
-83- LRB9102178REmbam01
1 The Director shall employ such staff as is necessary to carry
2 out the purpose of this Act. The Commission, working in
3 cooperation with State agencies, individuals, local groups,
4 and organizations throughout the State, may undertake
5 programs and activities which further the purposes of this
6 Act including, but not limited to, the following:
7 (a) providing technical assistance to programs
8 which depend upon volunteers;
9 (b) initiating community service programs to meet
10 previously unmet needs in Illinois;
11 (c) promoting and coordinating efforts to expand
12 and improve the statewide community service network;
13 (d) recognizing outstanding community service
14 accomplishments;
15 (e) disseminating information to support community
16 service programs and to broaden community service
17 involvement throughout the State;
18 (f) implementing federally funded grant programs in
19 Illinois such as the National and Community Service Trust
20 Act.
21 The Commission may receive and expend funds, grants and
22 services from any source for purposes reasonable and
23 necessary to carry out a coordinated plan of community
24 service throughout the State.
25 (Source: P.A. 87-902; 88-597, eff. 1-9-95.)
26 (20 ILCS 710/5.1)
27 Sec. 5.1. Commission. The Commission is established to
28 encourage community service and volunteer participation as a
29 means of community and State problem-solving; to promote and
30 support voluntary citizen involvement in government and
31 private programs throughout the State; to develop a
32 long-term, comprehensive vision and plan of action for
33 national volunteerism and community service initiatives in
-84- LRB9102178REmbam01
1 Illinois; and to serve as the State's liaison to national and
2 State organizations that support its mission.
3 The Commission shall consist of 15 to 25 bipartisan
4 voting members and up to 15 bipartisan nonvoting members. At
5 least 25% of the members must be from the City of Chicago.
6 The Governor shall appoint up to 25 voting members and up
7 to 15 nonvoting members. Of those initial 25 voting
8 members, 10 shall serve for 3 years, 8 shall serve for 2
9 years, and 7 shall serve for one year. Voting members
10 appointed by the Governor shall include at least one
11 representative of the following: an expert in the education,
12 training, and development needs of youth; the chairman of the
13 City Colleges of a municipality having a population of more
14 than 2 million; labor organizations; business; the human
15 services department of a municipality with a population of
16 more than 2 million; community based organizations; the State
17 Superintendent of Education; the Superintendent of Police of
18 a municipality having a population of more than 2 million; a
19 youth between 16 and 25 years old who is a participant or
20 supervisor in a community service program; the President of a
21 County Board of a county having a population of more than 3
22 million; an expert in older adult volunteerism; the public
23 health commissioner of a municipality having a population of
24 more than 2 million; local government; and a national service
25 program. A representative of; and the federal Corporation
26 for National Service shall be appointed as a nonvoting
27 member.
28 Appointing authorities shall ensure, to the maximum
29 extent practicable, that the Commission is diverse with
30 respect to race, ethnicity, age, gender, geography, and
31 disability. Not more than 50% of the Commission appointed by
32 the Governor may be from the same political party.
33 Subsequent voting members of the Commission shall serve
34 3-year terms. Commissioners must be allowed to serve until
-85- LRB9102178REmbam01
1 new commissioners are appointed in order to maintain the
2 federally required number of commissioners.
3 Each nonvoting member shall serve at the pleasure of the
4 Governor.
5 Members of the Commission may not serve more than 3 2
6 consecutive terms. Vacancies shall be filled in the same
7 manner as the original appointments and any member so
8 appointed shall serve during the remainder of the term for
9 which the vacancy occurred. The members shall not receive
10 any compensation but shall be reimbursed for necessary
11 expenses incurred in the performance of their duties.
12 (Source: P.A. 88-597, eff. 1-9-95.)
13 (20 ILCS 710/6.1)
14 Sec. 6.1. Functions of Commission. The Commission shall
15 meet at least quarterly and shall advise and consult with the
16 Department of Human Services Commerce and Community Affairs
17 and the Director on all matters relating to community service
18 in Illinois. In addition, the Commission shall have the
19 following duties:
20 (a) prepare a 3-year national and community service
21 plan, developed through an open, public process and updated
22 annually;
23 (b) prepare the financial assistance applications of the
24 State under the National and Community Service Trust Fund Act
25 of 1993;
26 (c) assist in the preparation of the application by the
27 State Board of Education for assistance under that Act;
28 (d) prepare the State's application under that Act for
29 the approval of national service positions;
30 (e) assist in the provision of health care and child
31 care benefits under that Act;
32 (f) develop a State recruitment, placement, and
33 information dissemination system for participants in programs
-86- LRB9102178REmbam01
1 that receive assistance under the national service laws;
2 (g) administer the State's grant program including
3 selection, oversight, and evaluation of grant recipients;
4 (h) make technical assistance available to enable
5 applicants to plan and implement service programs and to
6 apply for assistance under the national service laws;
7 (i) develop projects, training methods, curriculum
8 materials, and other activities related to service;
9 (j) coordinate its functions with any division of the
10 federal Corporation for National and Community Service
11 outlined in the National and Community Service Trust Fund Act
12 of 1993.
13 (k) publicize Commission Office services and promote
14 community involvement in the activities of the Commission
15 Office;
16 (l) promote increased visibility and support for
17 volunteers of all ages, especially youth and senior citizens,
18 and community service in meeting the needs of Illinois
19 citizens; and
20 (m) represent the Department of Human Services Commerce
21 and Community Affairs on such occasions and in such manner as
22 the Department of Commerce and Community Affairs may provide.
23 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
24 (20 ILCS 710/7)
25 Sec. 7. On the effective date of this amendatory Act of
26 the 91st General Assembly 1995, the authority, powers, and
27 duties in this Act of the Lieutenant Governor are transferred
28 to the Department of Commerce and Community Affairs are
29 transferred to the Department of Human Services.
30 (Source: P.A. 89-84, eff. 7-1-95.)
31 (20 ILCS 710/10 rep.)
32 Section 220. The Illinois Commission on Community
-87- LRB9102178REmbam01
1 Service Act is amended by repealing Section 10.
2 Section 225. The Illinois Criminal Justice Information
3 Act is amended by changing Section 4 as follows:
4 (20 ILCS 3930/4) (from Ch. 38, par. 210-4)
5 Sec. 4. Illinois Criminal Justice Information Authority;
6 creation, membership, and meetings. There is created an
7 Illinois Criminal Justice Information Authority consisting of
8 18 16 members. The membership of the Authority shall consist
9 of the Illinois Attorney General, or his or her designee, the
10 Director of the Illinois Department of Corrections, the
11 Director of the Illinois Department of State Police, the
12 Sheriff of Cook County, the State's Attorney of Cook County,
13 the clerk of the circuit court of Cook County, the
14 Superintendent of the Chicago Police Department, the Director
15 of the Office of the State's Attorneys Appellate Prosecutor,
16 the Executive Director of the Illinois Law Enforcement
17 Training and Standards Board, and the following additional
18 members, each of whom shall be appointed by the Governor: a
19 circuit court clerk, a sheriff, and a State's Attorney of a
20 county other than Cook, a chief of police, and 5 members of
21 the general public.
22 The Governor from time to time shall designate a Chairman
23 of the Authority from the membership. All members of the
24 Authority appointed by the Governor shall serve at the
25 pleasure of the Governor for a term not to exceed 4 years.
26 The initial appointed members of the Authority shall serve
27 from January, 1983 until the third Monday in January, 1987 or
28 until their successors are appointed.
29 The Authority shall meet at least quarterly, and all
30 meetings of the Authority shall be called by the Chairman.
31 (Source: P.A. 91-483, eff. 1-1-00; revised 2-23-00.)
-88- LRB9102178REmbam01
1 Section 230. The Sex Offender Management Board Act is
2 amended by changing Section 15 as follows:
3 (20 ILCS 4026/15)
4 Sec. 15. Sex Offender Management Board; creation;
5 duties.
6 (a) There is created the Sex Offender Management Board,
7 which shall consist of 20 members. The membership of the
8 Board shall consist of the following persons:
9 (1) Two members appointed by the Governor
10 representing the judiciary, one representing juvenile
11 court matters and one representing adult criminal court
12 matters;
13 (2) One member appointed by the Governor
14 representing Probation Services;
15 (3) One member appointed by the Governor
16 representing the Department of Corrections;
17 (4) One member appointed by the Governor
18 representing the Department of Human Services;
19 (5) One member appointed by the Governor
20 representing the Illinois State Police;
21 (6) One member appointed by the Governor
22 representing the Department of Children and Family
23 Services;
24 (7) One member appointed by the Attorney General
25 representing the Office of the Attorney General;
26 (8) Two members appointed by the Attorney General
27 who are licensed mental health professionals with
28 documented expertise in the treatment of sex offenders;
29 (9) Two members appointed by the Attorney General
30 who are State's Attorneys or assistant State's Attorneys,
31 one representing juvenile court matters and one
32 representing felony court matters;
33 (10) One member being the Cook County State's
-89- LRB9102178REmbam01
1 Attorney or his or her designee;
2 (11) One member being the Director of the State's
3 Attorneys Appellate Prosecutor or his or her designee;
4 (12) One member being the Cook County Public
5 Defender or his or her designee;
6 (13) Two members appointed by the Governor who are
7 representatives of law enforcement, one juvenile officer
8 and one sex crime investigator;
9 (14) Two members appointed by the Attorney General
10 who are recognized experts in the field of sexual assault
11 and who can represent sexual assault victims and victims'
12 rights organizations; and
13 (15) One member being the State Appellate Defender
14 or his or her designee.
15 (b) The Governor and the Attorney General shall appoint
16 a presiding officer for the Board from among the board
17 members appointed under subsection (a) of this Section, which
18 presiding officer shall serve at the pleasure of the Governor
19 and the Attorney General.
20 (c) Each member of the Board shall demonstrate
21 substantial expertise and experience in the field of sexual
22 assault.
23 (d) (1) Any member of the Board created in subsection
24 (a) of this Section who is appointed under paragraphs (1)
25 through (7) of subsection (a) of this Section shall serve at
26 the pleasure of the official who appointed that member, for a
27 term of 5 years and may be reappointed. The members shall
28 serve without additional compensation.
29 (2) Any member of the Board created in subsection
30 (a) of this Section who is appointed under paragraphs (8)
31 through (14) of subsection (a) of this Section shall
32 serve for a term of 5 years and may be reappointed. The
33 members shall serve without compensation.
34 (3) The travel costs associated with membership on
-90- LRB9102178REmbam01
1 the Board created in subsection (a) of this Section will
2 be reimbursed subject to availability of funds.
3 (e) The first meeting of this Board shall be held within
4 45 days of the effective date of this Act.
5 (f) The Board shall carry out the following duties:
6 (1) Not later than December 31, 2001 36 months
7 after the effective date of this Act, the Board shall
8 develop and prescribe separate standardized procedures
9 for the evaluation and identification of the offender and
10 recommend behavior management, monitoring, and counseling
11 based upon the knowledge that sex offenders are extremely
12 habituated and that there is no known cure for the
13 propensity to commit sex abuse. The Board shall develop
14 and implement measures of success based upon a no-cure
15 policy for intervention. The Board shall develop and
16 implement methods of intervention for sex offenders which
17 have as a priority the physical and psychological safety
18 of victims and potential victims and which are
19 appropriate to the needs of the particular offender, so
20 long as there is no reduction of the safety of victims
21 and potential victims.
22 (2) Not later than December 31, 2001 36 months
23 after the effective date of this Act, the Board shall
24 develop separate guidelines and standards for a system of
25 programs for the counseling of both juvenile and adult
26 sex offenders which can be utilized by offenders who are
27 placed on probation, committed to the Department of
28 Corrections or Department of Human Services, or placed on
29 mandatory supervised release or parole. The programs
30 developed under this paragraph (f) shall be as flexible
31 as possible so that the programs may be utilized by each
32 offender to prevent the offender from harming victims and
33 potential victims. The programs shall be structured in
34 such a manner that the programs provide a continuing
-91- LRB9102178REmbam01
1 monitoring process as well as a continuum of counseling
2 programs for each offender as that offender proceeds
3 through the justice system. Also, the programs shall be
4 developed in such a manner that, to the extent possible,
5 the programs may be accessed by all offenders in the
6 justice system.
7 (3) There is established the Sex Offender
8 Management Board Fund in the State Treasury into which
9 funds received from public or private sources shall be
10 deposited, and from which funds shall be appropriated to
11 the Sex Offender Management Board for planning and
12 research.
13 (4) The Board shall develop and prescribe a plan to
14 research and analyze the effectiveness of the evaluation,
15 identification, and counseling procedures and programs
16 developed under this Act. The Board shall also develop
17 and prescribe a system for implementation of the
18 guidelines and standards developed under paragraph (2) of
19 this subsection (f) and for tracking offenders who have
20 been subjected to evaluation, identification, and
21 counseling under this Act. In addition, the Board shall
22 develop a system for monitoring offender behaviors and
23 offender adherence to prescribed behavioral changes. The
24 results of the tracking and behavioral monitoring shall
25 be a part of any analysis made under this paragraph (4).
26 (g) The Board may promulgate rules as are necessary to
27 carry out the duties of the Board.
28 (h) The Board and the individual members of the Board
29 shall be immune from any liability, whether civil or
30 criminal, for the good faith performance of the duties of the
31 Board as specified in this Section.
32 (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98;
33 91-235, eff. 7-22-99.)
-92- LRB9102178REmbam01
1 Section 235. The Compensation Review Act is amended by
2 changing Section 4 as follows:
3 (25 ILCS 120/4) (from Ch. 63, par. 904)
4 Sec. 4. Meetings of the Board; determining compensation;
5 public hearings; reports. The Board shall meet as often as
6 may be necessary and shall determine, upon a vote requiring
7 at least 7 affirmative votes, the compensation for members of
8 the General Assembly, judges, other than the county
9 supplement, State's attorneys, other than the county
10 supplement, the elected constitutional officers of State
11 government, and certain appointed officers of State
12 government.
13 In determining the compensation for each office, the
14 Compensation Review Board shall consider the following
15 factors:
16 (a) the skill required,
17 (b) the time required,
18 (c) the opportunity for other earned income,
19 (d) the value of public services as performed in
20 comparable states,
21 (e) the value of such services as performed in the
22 private sector in Illinois and comparable states based on the
23 responsibility and discretion required in the office,
24 (f) the average consumer prices commonly known as the
25 cost of living,
26 (g) the overall compensation presently received by the
27 public officials and all other benefits received,
28 (h) the interests and welfare of the public and the
29 financial ability of the State to meet those costs, and
30 (i) such other factors, not confined to the foregoing,
31 which are normally or traditionally taken into consideration
32 in the determination of such compensation.
33 The Board shall conduct public hearings prior to filing
-93- LRB9102178REmbam01
1 its report.
2 At the public hearings, the Board shall allow interested
3 persons to present their views and comments. The Board may
4 prescribe reasonable rules for the conduct of public
5 hearings, to prevent undue repetition. The meetings of the
6 Board are subject to the Open Meetings Act.
7 The Board shall file an initial report with the House of
8 Representatives, the Senate, the Comptroller and the
9 Secretary of State. Subsequent reports shall be filed
10 therewith before April 1 May 1 in each even-numbered year
11 thereafter stating the annual salary for members of the
12 General Assembly, the elected State constitutional officers
13 and certain appointed State officers and compensated
14 employees and members of certain State departments, agencies,
15 boards and commissions whose terms begin in the next calendar
16 year; the annual salary for State's attorneys; and the annual
17 salary for the Auditor General and for Supreme Court,
18 Appellate Court, Circuit Court and Associate judges. If the
19 report increases the annual salary of judges, State's
20 attorneys, and the Auditor General, such increase shall take
21 effect as soon as the time period for disapproval or
22 reduction, as provided in subsection (b) of Section 5, has
23 expired.
24 The salaries in the report or as reduced by the General
25 Assembly, other than for judges, State's attorneys, and the
26 Auditor General, shall take effect as provided by law.
27 (Source: P.A. 90-375, eff. 8-14-97.)
28 Section 240. The Nonresident College Trustees Act is
29 amended by changing Section 1 as follows:
30 (110 ILCS 60/1) (from Ch. 144, par. 7)
31 Sec. 1. (a) In all colleges, universities and other
32 institutions of learning in the State of Illinois, not placed
-94- LRB9102178REmbam01
1 under the control of the officers of this State, whether
2 organized under any general or special law, non-residents of
3 this State shall be eligible to the office of trustee;
4 provided, that at least 3 three members of the board of
5 trustees of any such institution of learning shall be
6 residents of this State. This subsection (a) does not apply
7 to the Board of Trustees of the University of Illinois,
8 Southern Illinois University, Chicago State University,
9 Eastern Illinois University, Governors State University,
10 Illinois State University, Northeastern Illinois University,
11 Northern Illinois University, or Western Illinois University.
12 (b) : Provided further, that No institution of learning
13 in this State shall be removed from this State unless by a
14 unanimous vote of the board of trustees.
15 (Source: P.A. 84-1308.)
16 Section 245. The University of Illinois Trustees Act is
17 amended by changing Section 1 as follows:
18 (110 ILCS 310/1) (from Ch. 144, par. 41)
19 Sec. 1. The Board of Trustees of the University of
20 Illinois shall consist of 9 trustees appointed by the
21 Governor, by and with the advice and consent of the Senate,
22 the Governor, and, until July 1, 2001, one voting student
23 member designated by the Governor from one campus of the
24 University and one nonvoting student member from each campus
25 of the University not represented by the voting student
26 member. The Governor shall designate one of the student
27 members serving on the Board on the effective date of this
28 amendatory Act of 1997 to serve as the voting student member
29 for the remainder of that student's term on the Board.
30 Beginning on July 1, 2001, and thereafter, the student
31 members of the Board shall all be nonvoting members, one
32 selected from each campus of the University.
-95- LRB9102178REmbam01
1 Each student member shall serve a term of one year,
2 beginning on July 1 of each year or on the date of his or her
3 selection, whichever is later, and expiring on the next
4 succeeding June 30. The student members shall have all of
5 the privileges of membership, including the right to make and
6 second motions and to attend executive sessions, other than
7 the right to vote, except that until July 1, 2001 the student
8 member designated by the Governor as the voting student
9 member shall have the right to vote on all Board matters
10 except those involving faculty tenure, faculty promotion or
11 any issue on which the student member has a direct conflict
12 of interest. The method of selecting these student members
13 shall be determined by campus-wide student referendum, and
14 any student designated by the Governor to be a voting student
15 member shall be one of the students selected by this method.
16 A student member who is not entitled to vote on a measure at
17 a meeting of the Board or any of its committees shall not be
18 considered a member for the purpose of determining whether a
19 quorum is present at the time that measure is voted upon.
20 To be eligible for selection as a student member and to be
21 eligible to remain as a voting or nonvoting student member of
22 the Board, a student member must be a resident of this State,
23 must have and maintain a grade point average that is
24 equivalent to at least 2.5 on a 4.0 scale, and must be a full
25 time student enrolled at all times during his or her term of
26 office except for that part of the term which follows the
27 completion of the last full regular semester of an academic
28 year and precedes the first full regular semester of the
29 succeeding academic year at the university (sometimes
30 commonly referred to as the summer session or summer school).
31 If a voting or nonvoting student member serving on the Board
32 fails to continue to meet or maintain the residency, minimum
33 grade point average, or enrollment requirement established by
34 this Section, his or her membership on the Board shall be
-96- LRB9102178REmbam01
1 deemed to have terminated by operation of law.
2 The term of each elected trustee who is in office on the
3 effective date of this amendatory Act of 1995 shall terminate
4 on the second Monday in January, 1996, or when a quorum of
5 the trustees initially to be appointed under this amendatory
6 Act of 1995 is appointed and qualified, whichever last
7 occurs.
8 No more than 5 of the 9 trustees appointed by the
9 Governor shall be affiliated with the same political party.
10 Each trustee appointed by the Governor must be a resident of
11 this State. A failure to meet or maintain this residency
12 requirement constitutes a resignation from and creates a
13 vacancy in the Board. The term of office of each appointed
14 trustee shall be 6 years from the third Monday in January of
15 each odd numbered year, except that of the 9 trustees
16 initially appointed by the Governor, 3 shall be appointed for
17 terms that commence on the date of their appointment and
18 expire on the second Monday in January, 1997; 3 shall be
19 appointed for terms that commence on the date of their
20 appointment and expire on the second Monday in January, 1999;
21 and 3 shall be appointed for terms that commence on the date
22 of their appointment and expire on the second Monday in
23 January, 2001. Upon expiration of the terms of the members
24 initially appointed by the Governor, their respective
25 successors shall be appointed for terms of 6 years from the
26 second Monday in January of each odd numbered year and until
27 their respective successors are appointed and qualified.
28 Vacancies shall be filled for the unexpired term in the
29 same manner as original appointments. If a vacancy in
30 membership occurs at a time when the Senate is not in
31 session, the Governor shall make temporary appointments until
32 the next meeting of the Senate, when he shall appoint persons
33 to fill such memberships for the remainder of their
34 respective terms. If the Senate is not in session when
-97- LRB9102178REmbam01
1 appointments for a full term are made, appointments shall be
2 made as in the case of vacancies.
3 No action of the board shall be invalidated by reason of
4 any vacancies on the board, or by reason of any failure to
5 select student members.
6 (Source: P.A. 89-4, eff. 7-1-95 (eff. date changed from
7 1-1-96 by P.A. 89-24); 89-5, eff. 1-1-96; 90-630, eff.
8 7-24-98.)
9 Section 250. The Southern Illinois University Management
10 Act is amended by changing Section 2 as follows:
11 (110 ILCS 520/2) (from Ch. 144, par. 652)
12 Sec. 2. The Board shall consist of 7 members appointed by
13 the Governor, by and with the advice and consent of the
14 Senate, the Superintendent of Public Instruction, or his
15 chief assistant for liaison with higher education when
16 designated to serve in his place, ex-officio, and, until July
17 1, 2001, one voting student member designated by the Governor
18 from one campus of the University and one nonvoting student
19 member from the campus of the University not represented by
20 the voting student member. The Governor shall designate one
21 of the student members serving on the Board on the effective
22 date of this amendatory Act of 1997 to serve as the voting
23 student member for the remainder of that student's term on
24 the Board. Beginning on July 1, 2001, and thereafter, the 2
25 student members of the Board shall be nonvoting members, each
26 to be selected by the respective campuses of Southern
27 Illinois University at Carbondale and Edwardsville. The
28 method of selecting these student members shall be determined
29 by campus-wide student referendum, and any student designated
30 by the Governor to be a voting student member shall be one of
31 the students selected by this method. The student members
32 shall serve terms of one year beginning on July 1 of each
-98- LRB9102178REmbam01
1 year, except that the student members initially selected
2 shall serve a term beginning on the date of such selection
3 and expiring on the next succeeding June 30. To be eligible
4 for selection as a student member and to be eligible to
5 remain as a voting or nonvoting student member of the Board,
6 a student member must be a resident of this State, must have
7 and maintain a grade point average that is equivalent to at
8 least 2.5 on a 4.0 scale, and must be a full time student
9 enrolled at all times during his or her term of office
10 except for that part of the term which follows the completion
11 of the last full regular semester of an academic year and
12 precedes the first full regular semester of the succeeding
13 academic year at the university (sometimes commonly referred
14 to as the summer session or summer school). If a voting or
15 nonvoting student member serving on the Board fails to
16 continue to meet or maintain the residency, minimum grade
17 point average, or enrollment requirement established by this
18 Section, his or her membership on the Board shall be deemed
19 to have terminated by operation of law. No more than 4 of the
20 members appointed by the Governor shall be affiliated with
21 the same political party. Each member appointed by the
22 Governor must be a resident of this State. A failure to meet
23 or maintain this residency requirement constitutes a
24 resignation from and creates a vacancy in the Board. Upon the
25 expiration of the terms of members appointed by the Governor,
26 their respective successors shall be appointed for terms of 6
27 years from the third Monday in January of each odd-numbered
28 year and until their respective successors are appointed for
29 like terms. If the Senate is not in session appointments
30 shall be made as in the case of vacancies.
31 (Source: P.A. 90-630, eff. 7-24-98.)
32 Section 255. The Chicago State University Law is amended
33 by changing Section 5-15 as follows:
-99- LRB9102178REmbam01
1 (110 ILCS 660/5-15)
2 Sec. 5-15. Membership; terms; vacancies. The Board
3 shall consist of 7 voting members appointed by the Governor
4 by and with the advice and consent of the Senate, and, until
5 July 1, 2001, one voting member who is a student at Chicago
6 State University. The student member serving on the Board on
7 the effective date of this amendatory Act of 1997 shall be a
8 voting student member for the remainder of his or her term on
9 the Board. Beginning on July 1, 2001, and thereafter, the
10 student member of the Board shall be a nonvoting member. The
11 method of selecting the student member shall continue to be
12 determined by a campus-wide student referendum. The student
13 member shall serve a term of one year beginning on July 1 of
14 each year, except that the student member initially selected
15 shall serve a term beginning on the date of his or her
16 selection and expiring on the next succeeding June 30. To be
17 eligible for selection as a student member and to be eligible
18 to remain as a student member of the Board, the student
19 member must be a resident of this State, must have and
20 maintain a grade point average that is equivalent to at least
21 2.5 on a 4.0 scale, and must be a full time student enrolled
22 at all times during his or her term of office except for that
23 part of the term which follows the completion of the last
24 full regular semester of an academic year and precedes the
25 first full regular semester of the succeeding academic year
26 at the university (sometimes commonly referred to as the
27 summer session or summer school). If a student member
28 serving on the Board fails to continue to meet or maintain
29 the residency, minimum grade point average, or enrollment
30 requirement established by this Section, his or her
31 membership on the Board shall be deemed to have terminated by
32 operation of law. Of the members first appointed by the
33 Governor, 4 shall be appointed for terms to expire on the
34 third Monday in January, 1999, and 3 shall be appointed for
-100- LRB9102178REmbam01
1 terms to expire on the third Monday in January, 2001. If the
2 Senate is not in session on the effective date of this
3 Article, or if a vacancy in an appointive membership occurs
4 at a time when the Senate is not in session, the Governor
5 shall make temporary appointments until the next meeting of
6 the Senate when he shall nominate persons to fill such
7 memberships for the remainder of their respective terms. No
8 more than 4 of the members appointed by the Governor shall be
9 affiliated with the same political party. Each member
10 appointed by the Governor must be a resident of this State.
11 A failure to meet or maintain this residency requirement
12 constitutes a resignation from and creates a vacancy in the
13 Board. Upon the expiration of the terms of members appointed
14 by the Governor, their respective successors shall be
15 appointed for terms of 6 years from the third Monday in
16 January of each odd-numbered year. Any members appointed to
17 the Board shall continue to serve in such capacity until
18 their successors are appointed and qualified.
19 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
20 90-814, eff. 2-4-99.)
21 Section 260. The Eastern Illinois University Law is
22 amended by changing Section 10-15 as follows:
23 (110 ILCS 665/10-15)
24 Sec. 10-15. Membership; terms; vacancies. The Board
25 shall consist of 7 voting members appointed by the Governor
26 by and with the advice and consent of the Senate, and, until
27 July 1, 2001, one voting member who is a student at Eastern
28 Illinois University. The student member serving on the Board
29 on the effective date of this amendatory Act of 1997 shall be
30 a voting student member for the remainder of his or her term
31 on the Board. Beginning on July 1, 2001, and thereafter, the
32 student member of the Board shall be a nonvoting member. The
-101- LRB9102178REmbam01
1 method of selecting the student member shall continue to be
2 determined by a campus-wide student referendum. The student
3 member shall serve a term of one year beginning on July 1 of
4 each year, except that the student member initially selected
5 shall serve a term beginning on the date of his or her
6 selection and expiring on the next succeeding June 30. To be
7 eligible for selection as a student member and to be eligible
8 to remain as a student member of the Board, the student
9 member must be a resident of this State, must have and
10 maintain a grade point average that is equivalent to at least
11 2.5 on a 4.0 scale, and must be a full time student enrolled
12 at all times during his or her term of office except for that
13 part of the term which follows the completion of the last
14 full regular semester of an academic year and precedes the
15 first full regular semester of the succeeding academic year
16 at the university (sometimes commonly referred to as the
17 summer session or summer school). If a student member
18 serving on the Board fails to continue to meet or maintain
19 the residency, minimum grade point average, or enrollment
20 requirement established by this Section, his or her
21 membership on the Board shall be deemed to have terminated by
22 operation of law. Of the members first appointed by the
23 Governor, 4 shall be appointed for terms to expire on the
24 third Monday in January, 1999, and 3 shall be appointed for
25 terms to expire on the third Monday in January, 2001. If the
26 Senate is not in session on the effective date of this
27 Article, or if a vacancy in an appointive membership occurs
28 at a time when the Senate is not in session, the Governor
29 shall make temporary appointments until the next meeting of
30 the Senate when he shall nominate persons to fill such
31 memberships for the remainder of their respective terms. No
32 more than 4 of the members appointed by the Governor shall be
33 affiliated with the same political party. Each member
34 appointed by the Governor must be a resident of this State.
-102- LRB9102178REmbam01
1 A failure to meet or maintain this residency requirement
2 constitutes a resignation from and creates a vacancy in the
3 Board. Upon the expiration of the terms of members appointed
4 by the Governor, their respective successors shall be
5 appointed for terms of 6 years from the third Monday in
6 January of each odd-numbered year. Any members appointed to
7 the Board shall continue to serve in such capacity until
8 their successors are appointed and qualified.
9 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
10 90-814, eff. 2-4-99.)
11 Section 265. The Governors State University Law is
12 amended by changing Section 15-15 as follows:
13 (110 ILCS 670/15-15)
14 Sec. 15-15. Membership; terms; vacancies. The Board
15 shall consist of 7 voting members appointed by the Governor
16 by and with the advice and consent of the Senate, and, until
17 July 1, 2001, one voting member who is a student at Governors
18 State University. The student member serving on the Board on
19 the effective date of this amendatory Act of 1997 shall be a
20 voting student member for the remainder of his or her term on
21 the Board. Beginning on July 1, 2001, and thereafter, the
22 student member of the Board shall be a nonvoting member. The
23 method of selecting the student member shall continue to be
24 determined by a campus-wide student referendum. The student
25 member shall serve a term of one year beginning on July 1 of
26 each year, except that the student member initially selected
27 shall serve a term beginning on the date of his or her
28 selection and expiring on the next succeeding June 30. To be
29 eligible for selection as a student member and to be eligible
30 to remain as a student member of the Board, the student
31 member must be a resident of this State, must have and
32 maintain a grade point average that is equivalent to at least
-103- LRB9102178REmbam01
1 2.5 on a 4.0 scale, and must be a full time student enrolled
2 at all times during his or her term of office except for that
3 part of the term which follows the completion of the last
4 full regular semester of an academic year and precedes the
5 first full regular semester of the succeeding academic year
6 at the university (sometimes commonly referred to as the
7 spring/summer semester). If a student member serving on the
8 Board fails to continue to meet or maintain the residency,
9 minimum grade point average, or enrollment requirement
10 established by this Section, his or her membership on the
11 Board shall be deemed to have terminated by operation of law.
12 Of the members first appointed by the Governor, 4 shall be
13 appointed for terms to expire on the third Monday in January,
14 1999, and 3 shall be appointed for terms to expire on the
15 third Monday in January, 2001. If the Senate is not in
16 session on the effective date of this Article, or if a
17 vacancy in an appointive membership occurs at a time when the
18 Senate is not in session, the Governor shall make temporary
19 appointments until the next meeting of the Senate when he
20 shall nominate persons to fill such memberships for the
21 remainder of their respective terms. No more than 4 of the
22 members appointed by the Governor shall be affiliated with
23 the same political party. Each member appointed by the
24 Governor must be a resident of this State. A failure to meet
25 or maintain this residency requirement constitutes a
26 resignation from and creates a vacancy in the Board. Upon the
27 expiration of the terms of members appointed by the Governor,
28 their respective successors shall be appointed for terms of 6
29 years from the third Monday in January of each odd-numbered
30 year. Any members appointed to the Board shall continue to
31 serve in such capacity until their successors are appointed
32 and qualified.
33 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
34 90-814, eff. 2-4-99.)
-104- LRB9102178REmbam01
1 Section 270. The Illinois State University Law is
2 amended by changing Section 20-15 as follows:
3 (110 ILCS 675/20-15)
4 Sec. 20-15. Membership; terms; vacancies. The Board
5 shall consist of 7 voting members appointed by the Governor
6 by and with the advice and consent of the Senate, and, until
7 July 1, 2001, one voting member who is a student at Illinois
8 State University. The student member serving on the Board on
9 the effective date of this amendatory Act of 1997 shall be a
10 voting student member for the remainder of his or her term on
11 the Board. Beginning on July 1, 2001, and thereafter, the
12 student member of the Board shall be a nonvoting member. The
13 method of selecting the student member shall continue to be
14 determined by a campus-wide student referendum. The student
15 member shall serve a term of one year beginning on July 1 of
16 each year, except that the student member initially selected
17 shall serve a term beginning on the date of his or her
18 selection and expiring on the next succeeding June 30. To be
19 eligible to remain as a student member of the Board, the
20 student member must be a resident of this State, must have
21 and maintain a grade point average that is equivalent to at
22 least 2.5 on a 4.0 scale, and must be a full time student
23 enrolled at all times during his or her term of office except
24 for that part of the term which follows the completion of the
25 last full regular semester of an academic year and precedes
26 the first full regular semester of the succeeding academic
27 year at the university (sometimes commonly referred to as the
28 summer session or summer school). If a student member
29 serving on the Board fails to continue to meet or maintain
30 the residency, minimum grade point average, or enrollment
31 requirement established by this Section, his or her
32 membership on the Board shall be deemed to have terminated by
33 operation of law. Of the members first appointed by the
-105- LRB9102178REmbam01
1 Governor, 4 shall be appointed for terms to expire on the
2 third Monday in January, 1999, and 3 shall be appointed for
3 terms to expire on the third Monday in January, 2001. If the
4 Senate is not in session on the effective date of this
5 Article, or if a vacancy in an appointive membership occurs
6 at a time when the Senate is not in session, the Governor
7 shall make temporary appointments until the next meeting of
8 the Senate when he shall nominate persons to fill such
9 memberships for the remainder of their respective terms. No
10 more than 4 of the members appointed by the Governor shall be
11 affiliated with the same political party. Each member
12 appointed by the Governor must be a resident of this State.
13 A failure to meet or maintain this residency requirement
14 constitutes a resignation from and creates a vacancy in the
15 Board. Upon the expiration of the terms of members appointed
16 by the Governor, their respective successors shall be
17 appointed for terms of 6 years from the third Monday in
18 January of each odd-numbered year. Any members appointed to
19 the Board shall continue to serve in such capacity until
20 their successors are appointed and qualified.
21 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
22 90-814, eff. 2-4-99.)
23 Section 275. The Northeastern Illinois University Law is
24 amended by changing Section 25-15 as follows:
25 (110 ILCS 680/25-15)
26 Sec. 25-15. Membership; terms; vacancies. The Board
27 shall consist of 9 voting members who are residents of this
28 State and are appointed by the Governor by and with the
29 advice and consent of the Senate, and, until July 1, 2001,
30 one voting member who is a student at Northeastern Illinois
31 University. The student member serving on the Board on the
32 effective date of this amendatory Act of 1997 shall be a
-106- LRB9102178REmbam01
1 voting student member for the remainder of his or her term on
2 the Board. Beginning on July 1, 2001, and thereafter, the
3 student member of the Board shall be a nonvoting member.
4 Beginning with the 1999-2000 academic year, the student
5 member shall be elected by a campus-wide referendum of all
6 students of the University. The student member shall serve a
7 term of one year beginning on July 1 of each year, except
8 that the student member initially selected under this
9 amendatory Act of the 91st General Assembly shall serve a
10 term beginning on the date of his or her selection and
11 expiring on the next succeeding June 30. To be eligible to
12 remain as a student member of the Board, the student member
13 must be a resident of this State, must have and maintain a
14 grade point average that is equivalent to at least 2.5 on a
15 4.0 scale, and must be a full time undergraduate student
16 enrolled at all times during his or her term of office except
17 for that part of the term which follows the completion of the
18 last full regular semester of an academic year and precedes
19 the first full regular semester of the succeeding academic
20 year at the university (sometimes commonly referred to as the
21 summer session or summer school). If a student member
22 serving on the Board fails to continue to meet or maintain
23 the residency, minimum grade point average, or enrollment
24 requirement established by this Section, his or her
25 membership on the Board shall be deemed to have terminated by
26 operation of law. If any member of the Board appointed by the
27 Governor fails to continue to meet or maintain the residency
28 requirement established by this Section, he or she shall
29 resign membership on the Board within 30 days thereafter and,
30 failing submission of this resignation, his or her membership
31 on the Board shall be deemed to have terminated by operation
32 of law. Of the members first appointed by the Governor, 4
33 shall be appointed for terms to expire on the third Monday in
34 January, 1999 and until their successors are appointed and
-107- LRB9102178REmbam01
1 qualified, and 3 shall be appointed for terms to expire on
2 the third Monday in January, 2001 and until their successors
3 are appointed and qualified. The 2 additional members
4 appointed by the Governor, by and with the advice and consent
5 of the Senate, under this amendatory Act of the 91st General
6 Assembly, shall not be from the same political party and
7 shall be appointed for terms to expire on the third Monday in
8 January, 2003 and until their successors are appointed and
9 qualified. Any vacancy in membership existing on January 1,
10 1999 shall be filled by appointment by the Governor, with the
11 advice and consent of the Senate, for a term to expire on the
12 third Monday in January, 2003. If the Senate is not in
13 session on the effective date of this Article, or if a
14 vacancy in an appointive membership occurs at a time when the
15 Senate is not in session, the Governor shall make temporary
16 appointments to fill the vacancy. Members with these
17 temporary appointments shall be deemed qualified to serve
18 upon appointment and shall continue to serve until the next
19 meeting of the Senate when the Governor shall appoint persons
20 to fill such memberships, by and with the advice and consent
21 of the Senate, for the remainder of their respective terms.
22 No more than 5 of the members appointed by the Governor shall
23 be affiliated with the same political party. Each member
24 appointed by the Governor must be a resident of this State.
25 A failure to meet or maintain this residency requirement
26 constitutes a resignation from and creates a vacancy in the
27 Board. Upon the expiration of the terms of members appointed
28 by the Governor for other than temporary appointments, their
29 respective successors shall be appointed, by and with the
30 advice and consent of the Senate, for terms of 6 years from
31 the third Monday in January of each odd-numbered year. Any
32 members appointed to the Board shall continue to serve in
33 such capacity until their successors are appointed and
34 qualified.
-108- LRB9102178REmbam01
1 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
2 91-565, 8-14-99.)
3 Section 280. The Northern Illinois University Law is
4 amended by changing Section 30-15 as follows:
5 (110 ILCS 685/30-15)
6 Sec. 30-15. Membership; terms; vacancies. The Board
7 shall consist of 7 voting members appointed by the Governor
8 by and with the advice and consent of the Senate, and, until
9 July 1, 2001, one voting member who is a student at Northern
10 Illinois University. The student member serving on the Board
11 on the effective date of this amendatory Act of 1997 shall be
12 a voting student member for the remainder of his or her term
13 on the Board. Beginning on July 1, 2001, and thereafter, the
14 student member of the Board shall be a nonvoting member. The
15 method of selecting the student member shall continue to be
16 determined by a campus-wide student referendum. The student
17 member shall serve a term of one year beginning on July 1 of
18 each year, except that the student member initially selected
19 shall serve a term beginning on the date of his or her
20 selection and expiring on the next succeeding June 30. To be
21 eligible to remain as a student member of the Board, the
22 student member must be a resident of this State, must have
23 and maintain a grade point average that is equivalent to at
24 least 2.5 on a 4.0 scale, and must be a full time student
25 enrolled at all times during his or her term of office except
26 for that part of the term which follows the completion of the
27 last full regular semester of an academic year and precedes
28 the first full regular semester of the succeeding academic
29 year at the university (sometimes commonly referred to as the
30 summer session or summer school). If a student member
31 serving on the Board fails to continue to meet or maintain
32 the residency, minimum grade point average, or enrollment
-109- LRB9102178REmbam01
1 requirement established by this Section, his or her
2 membership on the Board shall be deemed to have terminated by
3 operation of law. Of the members first appointed by the
4 Governor, 4 shall be appointed for terms to expire on the
5 third Monday in January, 1999, and 3 shall be appointed for
6 terms to expire on the third Monday in January, 2001. If the
7 Senate is not in session on the effective date of this
8 Article, or if a vacancy in an appointive membership occurs
9 at a time when the Senate is not in session, the Governor
10 shall make temporary appointments until the next meeting of
11 the Senate when he shall nominate persons to fill such
12 memberships for the remainder of their respective terms. No
13 more than 4 of the members appointed by the Governor shall be
14 affiliated with the same political party. Each member
15 appointed by the Governor must be a resident of this State.
16 A failure to meet or maintain this residency requirement
17 constitutes a resignation from and creates a vacancy in the
18 Board. Upon the expiration of the terms of members appointed
19 by the Governor, their respective successors shall be
20 appointed for terms of 6 years from the third Monday in
21 January of each odd-numbered year. Any members appointed to
22 the Board shall continue to serve in such capacity until
23 their successors are appointed and qualified.
24 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
25 90-814, eff. 2-4-99.)
26 Section 285. The Western Illinois University Law is
27 amended by changing Section 35-15 as follows:
28 (110 ILCS 690/35-15)
29 Sec. 35-15. Membership; terms; vacancies. The Board
30 shall consist of 7 voting members appointed by the Governor
31 by and with the advice and consent of the Senate, and, until
32 July 1, 2001, one voting member who is a student at Western
-110- LRB9102178REmbam01
1 Illinois University. The student member serving on the Board
2 on the effective date of this amendatory Act of 1997 shall be
3 a voting student member for the remainder of his or her term
4 on the Board. Beginning on July 1, 2001, and thereafter,
5 the student member of the Board shall be a nonvoting member.
6 The method of selecting the student member shall continue to
7 be determined by a campus-wide student referendum. The
8 student member shall serve a term of one year beginning on
9 July 1 of each year, except that the student member initially
10 selected shall serve a term beginning on the date of his or
11 her selection and expiring on the next succeeding June 30. To
12 be eligible to remain as a student member of the Board, the
13 student member must be a resident of this State, must have
14 and maintain a grade point average that is equivalent to at
15 least 2.5 on a 4.0 scale, and must be a full time student
16 enrolled at all times during his or her term of office except
17 for that part of the term which follows the completion of the
18 last full regular semester of an academic year and precedes
19 the first full regular semester of the succeeding academic
20 year at the university (sometimes commonly referred to as the
21 summer session or summer school). If a student member
22 serving on the Board fails to continue to meet or maintain
23 the residency, minimum grade point average, or enrollment
24 requirement established by this Section, his or her
25 membership on the Board shall be deemed to have terminated by
26 operation of law. Of the members first appointed by the
27 Governor, 4 shall be appointed for terms to expire on the
28 third Monday in January, 1999, and 3 shall be appointed for
29 terms to expire on the third Monday in January, 2001. If the
30 Senate is not in session on the effective date of this
31 Article, or if a vacancy in an appointive membership occurs
32 at a time when the Senate is not in session, the Governor
33 shall make temporary appointments until the next meeting of
34 the Senate when he shall nominate persons to fill such
-111- LRB9102178REmbam01
1 memberships for the remainder of their respective terms. No
2 more than 4 of the members appointed by the Governor shall be
3 affiliated with the same political party. Each member
4 appointed by the Governor must be a resident of this State.
5 A failure to meet or maintain this residency requirement
6 constitutes a resignation from and creates a vacancy in the
7 Board. Upon the expiration of the terms of members appointed
8 by the Governor, their respective successors shall be
9 appointed for terms of 6 years from the third Monday in
10 January of each odd-numbered year. Any members appointed to
11 the Board shall continue to serve in such capacity until
12 their successors are appointed and qualified.
13 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
14 90-814, eff. 2-4-99.)
15 Section 290. The Departments of State Government Law of
16 the Civil Administrative Code of Illinois is amended by
17 changing Section 5-405 as follows:
18 (20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
19 Sec. 5-405. In the Department of Revenue. The Director
20 of Revenue shall receive an annual salary as set by the
21 Governor from time to time or as set by the Compensation
22 Review Board, whichever is greater.
23 The Assistant Director of Revenue shall receive an annual
24 salary as set by the Governor from time to time or as set by
25 the Compensation Review Board, whichever is greater.
26 Beginning July 1, 1990, the annual salary of the Taxpayer
27 Ombudsman shall be the greater of an amount set by the
28 Compensation Review Board or $69,000, adjusted each July 1
29 thereafter by a percentage increase equivalent to that of the
30 "Employment Cost Index, Wages and Salaries, By Occupation and
31 Industry Groups: State and Local Government Workers: Public
32 Administration" as published by the Bureau of Labor
-112- LRB9102178REmbam01
1 Statistics of the U.S. Department of Labor for the calendar
2 year immediately preceding the year of the respective July
3 1st increase date, the increase to be no less than zero nor
4 greater than 5% and to be added to the then current annual
5 salary.
6 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
7 revised 8-1-99.)
8 Section 295. The Personnel Code is amended by changing
9 Section 7d as follows:
10 (20 ILCS 415/7d) (from Ch. 127, par. 63b107d)
11 Sec. 7d. Compensation. The chairman shall be paid an
12 annual salary of $8,200 from the third Monday in January,
13 1979 to the third Monday in January, 1980; $8,700 from the
14 third Monday in January, 1980 to the third Monday in January,
15 1981; $9,300 from the third Monday in January, 1981 to the
16 third Monday in January 1982;, and $10,000 from the third
17 Monday in January, 1982 to the effective date of this
18 amendatory Act of the 91st General Assembly; and $25,000
19 thereafter, or as set by the Compensation Review Board,
20 whichever is greater. Other members of the Commission shall
21 each be paid an annual salary of $5,500 from the third Monday
22 in January, 1979 to the third Monday in January, 1980; $6,000
23 from the third Monday in January, 1980 to the third Monday in
24 January, 1981; $6,500 from the third Monday in January, 1981
25 to the third Monday in January, 1982;, and $7,500 from the
26 third Monday in January, 1982 to the effective date of this
27 amendatory Act of the 91st General Assembly; and $20,000
28 thereafter, or as set by the Compensation Review Board,
29 whichever is greater. They shall be entitled to reimbursement
30 for necessary traveling and other official expenditures
31 necessitated by their official duties.
32 (Source: P.A. 83-1177.)
-113- LRB9102178REmbam01
1 Section 300. The State Fire Marshal Act is amended by
2 changing Section 1 as follows:
3 (20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
4 Sec. 1. There is hereby created the Office of the State
5 Fire Marshal, hereinafter referred to as the Office.
6 The Office shall be under an executive director who shall
7 be appointed by the Governor with the advice and consent of
8 the Senate.
9 The executive director of the Office shall be known as
10 the State Fire Marshal and shall receive an annual salary as
11 set by the Governor from time to time $70,197 per year, or as
12 an amount set by the Compensation Review Board, whichever is
13 greater. If set by the Governor, the annual salary may not
14 exceed 85% of the annual salary of the Governor.
15 The Office of the State Fire Marshal shall have a
16 Division of Fire Prevention which shall assume the duties of
17 the Division of Fire Prevention, Department of Law
18 Enforcement, and a Division of Personnel Standards and
19 Education which shall assume the duties of Illinois Fire
20 Protection Personnel Standards and Education Commission.
21 Each Division shall be headed by a deputy State Fire Marshal.
22 The deputy State Fire Marshals shall be employed by the Fire
23 Marshal, subject to the Personnel Code, and shall be
24 responsible to the Fire Marshal.
25 (Source: P.A. 89-703, eff. 1-17-97.)
26 (220 ILCS 5/Art. XI rep.)
27 Section 305. The Public Utilities Act is amended by
28 repealing Article XI.
29 Section 999. Effective date. This Act takes effect 30
30 days after becoming law.".