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91_SB1860enr
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1 AN ACT concerning membership, duties, rights, and
2 obligations of authorities, boards, commissions, committees,
3 and other appointed bodies.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Public Labor Relations Act is
7 amended by changing Sections 3, 5, 12, and 15.1 and adding
8 Section 5.1 as follows:
9 (5 ILCS 315/3) (from Ch. 48, par. 1603)
10 Sec. 3. Definitions. As used in this Act, unless the
11 context otherwise requires:
12 (a) "Board" or "governing board" means either the
13 Illinois State Labor Relations Board or, with respect to a
14 matter over which the jurisdiction of the Board is assigned
15 to the State Panel or the Local Panel under Section 5, the
16 panel having jurisdiction over the matter the Illinois Local
17 Labor Relations Board.
18 (b) "Collective bargaining" means bargaining over terms
19 and conditions of employment, including hours, wages, and
20 other conditions of employment, as detailed in Section 7 and
21 which are not excluded by Section 4.
22 (c) "Confidential employee" means an employee who, in
23 the regular course of his or her duties, assists and acts in
24 a confidential capacity to persons who formulate, determine,
25 and effectuate management policies with regard to labor
26 relations or who, in the regular course of his or her duties,
27 has authorized access to information relating to the
28 effectuation or review of the employer's collective
29 bargaining policies.
30 (d) "Craft employees" means skilled journeymen, crafts
31 persons, and their apprentices and helpers.
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1 (e) "Essential services employees" means those public
2 employees performing functions so essential that the
3 interruption or termination of the function will constitute a
4 clear and present danger to the health and safety of the
5 persons in the affected community.
6 (f) "Exclusive representative", except with respect to
7 non-State fire fighters and paramedics employed by fire
8 departments and fire protection districts, non-State peace
9 officers, and peace officers in the Department of State
10 Police, means the labor organization that has been (i)
11 designated by the Board as the representative of a majority
12 of public employees in an appropriate bargaining unit in
13 accordance with the procedures contained in this Act, (ii)
14 historically recognized by the State of Illinois or any
15 political subdivision of the State before July 1, 1984 (the
16 effective date of this Act) as the exclusive representative
17 of the employees in an appropriate bargaining unit, or (iii)
18 after July 1, 1984 (the effective date of this Act)
19 recognized by an employer upon evidence, acceptable to the
20 Board, that the labor organization has been designated as the
21 exclusive representative by a majority of the employees in an
22 appropriate bargaining unit.
23 With respect to non-State fire fighters and paramedics
24 employed by fire departments and fire protection districts,
25 non-State peace officers, and peace officers in the
26 Department of State Police, "exclusive representative" means
27 the labor organization that has been (i) designated by the
28 Board as the representative of a majority of peace officers
29 or fire fighters in an appropriate bargaining unit in
30 accordance with the procedures contained in this Act, (ii)
31 historically recognized by the State of Illinois or any
32 political subdivision of the State before January 1, 1986
33 (the effective date of this amendatory Act of 1985) as the
34 exclusive representative by a majority of the peace officers
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1 or fire fighters in an appropriate bargaining unit, or (iii)
2 after January 1, 1986 (the effective date of this amendatory
3 Act of 1985) recognized by an employer upon evidence,
4 acceptable to the Board, that the labor organization has been
5 designated as the exclusive representative by a majority of
6 the peace officers or fire fighters in an appropriate
7 bargaining unit.
8 (g) "Fair share agreement" means an agreement between
9 the employer and an employee organization under which all or
10 any of the employees in a collective bargaining unit are
11 required to pay their proportionate share of the costs of the
12 collective bargaining process, contract administration, and
13 pursuing matters affecting wages, hours, and other conditions
14 of employment, but not to exceed the amount of dues uniformly
15 required of members. The amount certified by the exclusive
16 representative shall not include any fees for contributions
17 related to the election or support of any candidate for
18 political office. Nothing in this subsection (g) shall
19 preclude an employee from making voluntary political
20 contributions in conjunction with his or her fair share
21 payment.
22 (g-1) "Fire fighter" means, for the purposes of this Act
23 only, any person who has been or is hereafter appointed to a
24 fire department or fire protection district or employed by a
25 state university and sworn or commissioned to perform fire
26 fighter duties or paramedic duties, except that the following
27 persons are not included: part-time fire fighters, auxiliary,
28 reserve or voluntary fire fighters, including paid on-call
29 fire fighters, clerks and dispatchers or other civilian
30 employees of a fire department or fire protection district
31 who are not routinely expected to perform fire fighter
32 duties, or elected officials.
33 (g-2) "General Assembly of the State of Illinois" means
34 the legislative branch of the government of the State of
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1 Illinois, as provided for under Article IV of the
2 Constitution of the State of Illinois, and includes but is
3 not limited to the House of Representatives, the Senate, the
4 Speaker of the House of Representatives, the Minority Leader
5 of the House of Representatives, the President of the Senate,
6 the Minority Leader of the Senate, the Joint Committee on
7 Legislative Support Services and any legislative support
8 services agency listed in the Legislative Commission
9 Reorganization Act of 1984.
10 (h) "Governing body" means, in the case of the State,
11 the State Panel of the Illinois Labor Relations Board, the
12 Director of the Department of Central Management Services,
13 and the Director of the Department of Labor; the county board
14 in the case of a county; the corporate authorities in the
15 case of a municipality; and the appropriate body authorized
16 to provide for expenditures of its funds in the case of any
17 other unit of government.
18 (i) "Labor organization" means any organization in which
19 public employees participate and that exists for the purpose,
20 in whole or in part, of dealing with a public employer
21 concerning wages, hours, and other terms and conditions of
22 employment, including the settlement of grievances.
23 (j) "Managerial employee" means an individual who is
24 engaged predominantly in executive and management functions
25 and is charged with the responsibility of directing the
26 effectuation of management policies and practices.
27 (k) "Peace officer" means, for the purposes of this Act
28 only, any persons who have been or are hereafter appointed to
29 a police force, department, or agency and sworn or
30 commissioned to perform police duties, except that the
31 following persons are not included: part-time police
32 officers, special police officers, auxiliary police as
33 defined by Section 3.1-30-20 of the Illinois Municipal Code,
34 night watchmen, "merchant police", court security officers as
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1 defined by Section 3-6012.1 of the Counties Code, temporary
2 employees, traffic guards or wardens, civilian parking meter
3 and parking facilities personnel or other individuals
4 specially appointed to aid or direct traffic at or near
5 schools or public functions or to aid in civil defense or
6 disaster, parking enforcement employees who are not
7 commissioned as peace officers and who are not armed and who
8 are not routinely expected to effect arrests, parking lot
9 attendants, clerks and dispatchers or other civilian
10 employees of a police department who are not routinely
11 expected to effect arrests, or elected officials.
12 (l) "Person" includes one or more individuals, labor
13 organizations, public employees, associations, corporations,
14 legal representatives, trustees, trustees in bankruptcy,
15 receivers, or the State of Illinois or any political
16 subdivision of the State or governing body, but does not
17 include the General Assembly of the State of Illinois or any
18 individual employed by the General Assembly of the State of
19 Illinois.
20 (m) "Professional employee" means any employee engaged
21 in work predominantly intellectual and varied in character
22 rather than routine mental, manual, mechanical or physical
23 work; involving the consistent exercise of discretion and
24 adjustment in its performance; of such a character that the
25 output produced or the result accomplished cannot be
26 standardized in relation to a given period of time; and
27 requiring advanced knowledge in a field of science or
28 learning customarily acquired by a prolonged course of
29 specialized intellectual instruction and study in an
30 institution of higher learning or a hospital, as
31 distinguished from a general academic education or from
32 apprenticeship or from training in the performance of routine
33 mental, manual, or physical processes; or any employee who
34 has completed the courses of specialized intellectual
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1 instruction and study prescribed in this subsection (m) and
2 is performing related work under the supervision of a
3 professional person to qualify to become a professional
4 employee as defined in this subsection (m).
5 (n) "Public employee" or "employee", for the purposes of
6 this Act, means any individual employed by a public employer,
7 including interns and residents at public hospitals, but
8 excluding all of the following: employees of the General
9 Assembly of the State of Illinois; elected officials;
10 executive heads of a department; members of boards or
11 commissions; employees of any agency, board or commission
12 created by this Act; employees appointed to State positions
13 of a temporary or emergency nature; all employees of school
14 districts and higher education institutions except
15 firefighters and peace officers employed by a state
16 university; managerial employees; short-term employees;
17 confidential employees; independent contractors; and
18 supervisors except as provided in this Act.
19 Notwithstanding Section 9, subsection (c), or any other
20 provisions of this Act, all peace officers above the rank of
21 captain in municipalities with more than 1,000,000
22 inhabitants shall be excluded from this Act.
23 (o) "Public employer" or "employer" means the State of
24 Illinois; any political subdivision of the State, unit of
25 local government or school district; authorities including
26 departments, divisions, bureaus, boards, commissions, or
27 other agencies of the foregoing entities; and any person
28 acting within the scope of his or her authority, express or
29 implied, on behalf of those entities in dealing with its
30 employees. "Public employer" or "employer" as used in this
31 Act, however, does not mean and shall not include the General
32 Assembly of the State of Illinois and educational employers
33 or employers as defined in the Illinois Educational Labor
34 Relations Act, except with respect to a state university in
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1 its employment of firefighters and peace officers. County
2 boards and county sheriffs shall be designated as joint or
3 co-employers of county peace officers appointed under the
4 authority of a county sheriff. Nothing in this subsection
5 (o) shall be construed to prevent the State Panel Board or
6 the Local Panel Board from determining that employers are
7 joint or co-employers.
8 (p) "Security employee" means an employee who is
9 responsible for the supervision and control of inmates at
10 correctional facilities. The term also includes other
11 non-security employees in bargaining units having the
12 majority of employees being responsible for the supervision
13 and control of inmates at correctional facilities.
14 (q) "Short-term employee" means an employee who is
15 employed for less than 2 consecutive calendar quarters during
16 a calendar year and who does not have a reasonable assurance
17 that he or she will be rehired by the same employer for the
18 same service in a subsequent calendar year.
19 (r) "Supervisor" is an employee whose principal work is
20 substantially different from that of his or her subordinates
21 and who has authority, in the interest of the employer, to
22 hire, transfer, suspend, lay off, recall, promote, discharge,
23 direct, reward, or discipline employees, to adjust their
24 grievances, or to effectively recommend any of those actions,
25 if the exercise of that authority is not of a merely routine
26 or clerical nature, but requires the consistent use of
27 independent judgment. Except with respect to police
28 employment, the term "supervisor" includes only those
29 individuals who devote a preponderance of their employment
30 time to exercising that authority, State supervisors
31 notwithstanding. In addition, in determining supervisory
32 status in police employment, rank shall not be determinative.
33 The Board shall consider, as evidence of bargaining unit
34 inclusion or exclusion, the common law enforcement policies
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1 and relationships between police officer ranks and
2 certification under applicable civil service law, ordinances,
3 personnel codes, or Division 2.1 of Article 10 of the
4 Illinois Municipal Code, but these factors shall not be the
5 sole or predominant factors considered by the Board in
6 determining police supervisory status.
7 Notwithstanding the provisions of the preceding
8 paragraph, in determining supervisory status in fire fighter
9 employment, no fire fighter shall be excluded as a supervisor
10 who has established representation rights under Section 9 of
11 this Act. Further, in new fire fighter units, employees
12 shall consist of fire fighters of the rank of company officer
13 and below. If a company officer otherwise qualifies as a
14 supervisor under the preceding paragraph, however, he or she
15 shall not be included in the fire fighter unit. If there is
16 no rank between that of chief and the highest company
17 officer, the employer may designate a position on each shift
18 as a Shift Commander, and the persons occupying those
19 positions shall be supervisors. All other ranks above that
20 of company officer shall be supervisors.
21 (s) (1) "Unit" means a class of jobs or positions that
22 are held by employees whose collective interests may
23 suitably be represented by a labor organization for
24 collective bargaining. Except with respect to non-State
25 fire fighters and paramedics employed by fire departments
26 and fire protection districts, non-State peace officers,
27 and peace officers in the Department of State Police, a
28 bargaining unit determined by the Board shall not include
29 both employees and supervisors, or supervisors only,
30 except as provided in paragraph (2) of this subsection
31 (s) and except for bargaining units in existence on July
32 1, 1984 (the effective date of this Act). With respect
33 to non-State fire fighters and paramedics employed by
34 fire departments and fire protection districts, non-State
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1 peace officers, and peace officers in the Department of
2 State Police, a bargaining unit determined by the Board
3 shall not include both supervisors and nonsupervisors, or
4 supervisors only, except as provided in paragraph (2) of
5 this subsection (s) and except for bargaining units in
6 existence on January 1, 1986 (the effective date of this
7 amendatory Act of 1985). A bargaining unit determined by
8 the Board to contain peace officers shall contain no
9 employees other than peace officers unless otherwise
10 agreed to by the employer and the labor organization or
11 labor organizations involved. Notwithstanding any other
12 provision of this Act, a bargaining unit, including a
13 historical bargaining unit, containing sworn peace
14 officers of the Department of Natural Resources (formerly
15 designated the Department of Conservation) shall contain
16 no employees other than such sworn peace officers upon
17 the effective date of this amendatory Act of 1990 or upon
18 the expiration date of any collective bargaining
19 agreement in effect upon the effective date of this
20 amendatory Act of 1990 covering both such sworn peace
21 officers and other employees.
22 (2) Notwithstanding the exclusion of supervisors
23 from bargaining units as provided in paragraph (1) of
24 this subsection (s), a public employer may agree to
25 permit its supervisory employees to form bargaining units
26 and may bargain with those units. This Act shall apply
27 if the public employer chooses to bargain under this
28 subsection.
29 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
30 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
31 6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.)
32 (5 ILCS 315/5) (from Ch. 48, par. 1605)
33 Sec. 5. Illinois Labor Relations Board; State Panel;
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1 Local Panel Boards.
2 (a) There is created the Illinois Labor Relations Board.
3 The Board shall be comprised of 2 panels, to be known as the
4 State Panel and the Local Panel.
5 (a-5) The State Panel Illinois State Labor Relations
6 Board ("State Board") which shall have jurisdiction over
7 collective bargaining matters between employee organizations
8 and the State of Illinois, excluding the General Assembly of
9 the State of Illinois, between employee organizations and
10 units of local government and school districts with a
11 population not in excess of 2 1 million persons, and between
12 employee organizations and the Regional Transportation
13 Authority.
14 The State Panel Board shall consist of 5 3 members
15 appointed by the Governor, with the advice and consent of the
16 Senate. The Governor shall appoint to the State Panel Board
17 only persons who have had a minimum of 5 years of experience
18 directly related to labor and employment relations in
19 representing public employers, private employers or labor
20 organizations; or teaching labor or employment relations; or
21 administering executive orders or regulations applicable to
22 labor or employment relations. At the time of his or her
23 appointment, each member of the State Panel Board shall be an
24 Illinois resident. The Governor shall designate one member
25 to serve as the Chairman of the State Panel and the Board.
26 The initial appointments under this amendatory Act of the
27 91st General Assembly shall be for terms as follows: The
28 Chairman shall initially be appointed for a term ending on
29 the 4th Monday in January, 2001; 2 members shall be initially
30 appointed for terms ending on the 4th Monday in January,
31 2002; one member shall be initially appointed for a term
32 ending on the 4th Monday in January, 2003; and one member
33 shall be initially appointed for a term ending on the 4th
34 Monday in January, 2004. of two years. The second member
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1 shall serve for a term of 3 years, and the third member shall
2 serve a term of 4 years. Each subsequent member shall be
3 appointed for a term of 4 years, commencing on the 4th Monday
4 in January. Upon expiration of the term of office of any
5 appointive member, that member shall continue to serve until
6 a successor shall be appointed and qualified. In case of a
7 vacancy, a successor shall be appointed to serve for the
8 unexpired portion of the term. The terms of members shall
9 commence on the 4th Monday in January of the year they are
10 appointed except that If the Senate is not in session at the
11 time the initial appointments are made, the Governor shall
12 make temporary appointments in the same manner successors are
13 appointed to fill vacancies. A temporary appointment shall
14 remain in effect no longer than 20 calendar days after the
15 commencement of the next Senate session.
16 (b) The Local Panel There is created the Illinois Local
17 Labor Relations Board ("Local Board") which shall have
18 jurisdiction over collective bargaining agreement matters
19 between employee organizations and units of local government
20 with a population in excess of 2 1 million persons, but
21 excluding the Regional Transportation Authority.
22 The Local Panel Board shall consist of one person
23 appointed by the Governor with the advice and consent of the
24 Senate (or, if no such person is appointed, the Chairman of
25 the State Panel) Board and two additional members, one
26 appointed by the Mayor of the City of Chicago and one
27 appointed by the President of the Cook County Board of
28 Commissioners. Appointees to the Local Panel Board must have
29 had a minimum of 5 years of experience directly related to
30 labor and employment relations in representing public
31 employers, private employers or labor organizations; or
32 teaching labor or employment relations; or administering
33 executive orders or regulations applicable to labor or
34 employment relations. Each member of the Local Panel Board
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1 shall be an Illinois resident at the time of his or her
2 appointment. The member appointed by the Governor (or, if no
3 such person is appointed, the Chairman of the State Panel)
4 Board shall serve as the Chairman of the Local Panel Board.
5 The initial appointments under this amendatory Act of the
6 91st General Assembly shall be for terms as follows: The
7 member appointed by the Governor shall initially be appointed
8 for a term ending on the 4th Monday in January, 2001; the
9 member initially appointed by the President of the Cook
10 County Board shall be initially appointed for a term ending
11 on the 4th Monday in January, 2003; serve for a term of 3
12 years and the member appointed by the Mayor of the City of
13 Chicago shall be initially appointed for a term ending on the
14 4th Monday in January, 2004 serve for a term of 4 years.
15 Each subsequent member shall be appointed for a term of 4
16 years, commencing on the 4th Monday in January. Upon
17 expiration of the term of office of any appointive member,
18 the member shall continue to serve until a successor shall be
19 appointed and qualified. In the case of a vacancy, a
20 successor shall be appointed by the applicable appointive
21 authority to serve for the unexpired portion of the term.
22 The terms of members shall commence on the 4th Monday in
23 January of the year they are appointed.
24 (c) Three Two members of the State Panel each governing
25 Board shall at all times constitute a quorum. Two members of
26 the Local Panel shall at all times constitute a quorum. A
27 vacancy on a panel governing Board does not impair the right
28 of the 2 remaining members to exercise all of the powers of
29 that panel Board. Each panel governing board shall adopt an
30 official seal which shall be judicially noticed. The salary
31 of the Chairman of the State Panel shall be $82,429 $50,000
32 per year, or as set by the Compensation Review Board,
33 whichever is greater, and that of the other members of the
34 State and Local Panels Board and the Local Board shall be
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1 $74,188 $45,000 per year, or as set by the Compensation
2 Review Board, whichever is greater.
3 (d) No member shall hold any other public office or be
4 employed as a labor or management representative by the State
5 or any political subdivision of the State or of any
6 department or agency thereof, or actively represent or act on
7 behalf of an employer or an employee organization or an
8 employer in labor relations matters. Any member of the State
9 Panel Board may be removed from office by the Governor for
10 inefficiency, neglect of duty, misconduct or malfeasance in
11 office, and for no other cause, and only upon notice and
12 hearing. Any member of the Local Panel Board may be removed
13 from office by the applicable appointive authority for
14 inefficiency, neglect of duty, misconduct or malfeasance in
15 office, and for no other cause, and only upon notice and
16 hearing.
17 (e) Each panel governing board at the end of every State
18 fiscal year shall make a report in writing to the Governor
19 and the General Assembly, stating in detail the work it has
20 done in hearing and deciding cases and otherwise.
21 (f) In order to accomplish the objectives and carry out
22 the duties prescribed by this Act, a panel or its the
23 governing boards or their authorized designees may hold
24 elections to determine whether a labor organization has
25 majority status; investigate and attempt to resolve or settle
26 charges of unfair labor practices; hold hearings in order to
27 carry out its functions; develop and effectuate appropriate
28 impasse resolution procedures for purposes of resolving labor
29 disputes; require the appearance of witnesses and the
30 production of evidence on any matter under inquiry; and
31 administer oaths and affirmations. The panels governing
32 boards shall sign and report in full an opinion in every case
33 which they decide.
34 (g) Each panel governing board may appoint or employ an
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1 executive director, attorneys, hearing officers, mediators,
2 fact-finders, arbitrators, and such other employees as it may
3 they deem necessary to perform its their functions. The
4 governing boards shall prescribe the duties and
5 qualifications of such persons appointed and, subject to the
6 annual appropriation, fix their compensation and provide for
7 reimbursement of actual and necessary expenses incurred in
8 the performance of their duties.
9 (h) Each panel governing board shall exercise general
10 supervision over all attorneys which it employs and over the
11 other persons employed to provide necessary support services
12 for such attorneys. The panels governing boards shall have
13 final authority in respect to complaints brought pursuant to
14 this Act.
15 (i) The following rules and regulations shall be adopted
16 by the panels governing boards meeting in joint session: (1)
17 procedural rules and regulations which shall govern all Board
18 proceedings; (2) procedures for election of exclusive
19 bargaining representatives pursuant to Section 9, except for
20 the determination of appropriate bargaining units; and (3)
21 appointment of counsel pursuant to subsection (k) of this
22 Section.
23 (j) Rules and regulations may be adopted, amended or
24 rescinded only upon a vote of 5 four of the five members of
25 the State Board and the Local Panels Board meeting in joint
26 session. The adoption, amendment or rescission of rules and
27 regulations shall be in conformity with the requirements of
28 the Illinois Administrative Procedure Act.
29 (k) The panels Governing Boards in joint session shall
30 promulgate rules and regulations providing for the
31 appointment of attorneys or other Board representatives to
32 represent persons in unfair labor practice proceedings before
33 a panel governing board. The regulations governing
34 appointment shall require the applicant to demonstrate an
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1 inability to pay for or inability to otherwise provide for
2 adequate representation before a panel governing board. Such
3 rules must also provide: (1) that an attorney may not be
4 appointed in cases which, in the opinion of a panel Board,
5 are clearly without merit; (2) the stage of the unfair labor
6 proceeding at which counsel will be appointed; and (3) the
7 circumstances under which a client will be allowed to select
8 counsel.
9 (1) The panels governing boards in joint session may
10 promulgate rules and regulations which allow parties in
11 proceedings before a panel governing board to be represented
12 by counsel or any other representative of the party's choice.
13 (m) The Chairman of the State Panel governing boards
14 shall serve as Chairman of a joint session of the panels
15 governing boards. Attendance of at least 2 members of the
16 State Panel and at least one member of the Local Panel from
17 each governing Board, in addition to the Chairman, shall
18 constitute a quorum at a joint session. The panels governing
19 boards shall meet in joint session within 60 days of the
20 effective date of this Act and at least annually thereafter.
21 (Source: P.A. 85-1440.)
22 (5 ILCS 315/5.1 new)
23 Sec. 5.1. Dissolution of Illinois State Labor Relations
24 Board and Illinois Local Labor Relations Board; transfer and
25 savings provisions.
26 (a) The Illinois State Labor Relations Board is
27 dissolved. The State Panel of the Illinois Labor Relations
28 Board, created by this amendatory Act of the 91st General
29 Assembly, shall succeed to all of the powers, duties, rights,
30 and property, including contractual rights and obligations,
31 of the Illinois State Labor Relations Board. Rules,
32 procedures, and decisions of the Illinois State Labor
33 Relations Board in effect at the time of its dissolution
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1 shall be deemed to be those of the State Panel of the
2 Illinois Labor Relations Board. Matters pending before the
3 Illinois State Labor Relations Board at the time of its
4 dissolution shall continue as matters before the State Panel
5 of the Illinois Labor Relations Board. The State Panel of the
6 Illinois Labor Relations Board shall be deemed successor in
7 interest to the Illinois State Labor Relations Board for the
8 purposes of any pending litigation.
9 (b) The Illinois Local Labor Relations Board is
10 dissolved. The Local Panel of the Illinois Labor Relations
11 Board, created by this amendatory Act of the 91st General
12 Assembly, shall succeed to all of the powers, duties, rights,
13 and property, including contractual rights and obligations,
14 of the Illinois Local Labor Relations Board. Rules,
15 procedures, and decisions of the Illinois Local Labor
16 Relations Board in effect at the time of its dissolution
17 shall be deemed to be those of the Local Panel of the
18 Illinois Labor Relations Board. Matters pending before the
19 Illinois Local Labor Relations Board at the time of its
20 dissolution shall continue as matters before the Local Panel
21 of the Illinois Labor Relations Board. The Local Panel of the
22 Illinois Labor Relations Board shall be deemed successor in
23 interest to the Illinois Local Labor Relations Board for the
24 purposes of any pending litigation.
25 (c) Rules and procedures adopted jointly by the Illinois
26 State Labor Relations Board and the Illinois Local Labor
27 Relations Board that are in effect at the time of the
28 dissolution of those Boards shall be deemed to have been
29 adopted jointly by the State and Local Panels of the Illinois
30 Labor Relations Board.
31 (d) Fiscal Year 2000 appropriations to the Illinois
32 State Labor Relations Board and the Illinois Local Labor
33 Relations Board may be expended by the Illinois Labor
34 Relations Board.
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1 (e) Persons employed by the Illinois State Labor
2 Relations Board or the Illinois Local Labor Relations Board
3 on the date of the dissolution of those Boards shall
4 thereupon become employees, respectively, of the State Panel
5 or the Local Panel of the Illinois Labor Relations Board,
6 without loss of seniority or accrued benefits.
7 (5 ILCS 315/12) (from Ch. 48, par. 1612)
8 Sec. 12. Mediation.
9 (a) The State and Local Panels governing Boards in joint
10 session shall establish a Public Employees Mediation Roster,
11 the services of which shall be available to public employers
12 and to labor organizations upon request of the parties for
13 the purposes of mediation of grievances or contract disputes.
14 Upon the request of either party, services of the Public
15 Employees Mediation Roster shall be available for purposes of
16 arbitrating disputes over interpretation or application of
17 the terms of an agreement pursuant to Section 8. The members
18 of the Roster shall be appointed by majority vote of the
19 members of both panels Boards. Members shall be impartial,
20 competent, and reputable citizens of the United States,
21 residents of the State of Illinois, and shall qualify by
22 taking and subscribing to the constitutional oath or
23 affirmation of office. The function of the mediator shall be
24 to communicate with the employer and exclusive representative
25 or their representatives and to endeavor to bring about an
26 amicable and voluntary settlement. Compensation of Roster
27 members for services performed as mediators shall be paid
28 equally by the parties to a mediated labor dispute. The Board
29 shall have authority to promulgate regulations setting
30 compensation levels for members of the Roster, and
31 establishing procedures for suspension or dismissal of
32 mediators for good cause shown following hearing.
33 (b) A mediator in a mediated labor dispute shall be
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1 selected by the Board from among the members of the Roster.
2 (c) Nothing in this Act or any other law prohibits the
3 use of other mediators selected by the parties for the
4 resolution of disputes over interpretation or application of
5 the terms or conditions of the collective bargaining
6 agreements between a public employer and a labor
7 organization.
8 (d) If requested by the parties to a labor dispute, a
9 mediator may perform fact-finding as set forth in Section 13.
10 (Source: P.A. 83-1012.)
11 (5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
12 Sec. 15.1. Precedents established by other labor boards.
13 Unless contradicted by administrative precedent previously
14 established by the State Panel Board, all final decisions in
15 representation and unfair labor practice cases decided by the
16 Local Panel Board and the Illinois Educational Labor
17 Relations Board created under the Illinois Educational Labor
18 Relations Act which have not been reversed by subsequent
19 court rulings, shall be considered, but need not be followed
20 by the State Panel Board.
21 Unless contradicted by administrative precedent
22 previously established by the Local Panel Board, all final
23 decisions in representation and unfair labor practice cases
24 decided by the State Panel Board and the Illinois Educational
25 Labor Relations Board which have not been reversed by
26 subsequent court rulings, shall be considered, but need not
27 be followed by the Local Panel Board.
28 (Source: P.A. 85-924.)
29 Section 10. The Civil Administrative Code of Illinois is
30 amended by changing Section 5-560 as follows:
31 (20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
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1 Sec. 5-560. In the Department of Natural Resources. An
2 Advisory Board to the Department of Natural Resources,
3 composed of 13 11 persons, one of whom shall be a senior
4 citizen age 60 or over.
5 In the appointment of the initial members the Governor
6 shall designate 3 persons to serve for 2 years, 3 for 4
7 years, and 3 for 6 years from the third Monday in January of
8 the odd-numbered year in which the term commences. The
9 members first appointed under this amendatory Act of 1984
10 shall serve a term of 6 years commencing on the third Monday
11 in January, 1985. The members first appointed under this
12 amendatory Act of the 91st General Assembly shall each be
13 appointed to a term of office to expire on the third Monday
14 in January of 2006. All subsequent appointments shall be for
15 terms of 6 years.
16 The Advisory Board shall formulate long range policies
17 for guidance of the Department in: the protection and
18 conservation of renewable resources of the State of Illinois;
19 the development of areas and facilities for outdoor
20 recreation; the prevention of timber destruction and other
21 forest growth by fire or otherwise; the reforestation of
22 suitable lands of this State; the extension of cooperative
23 support to other agencies of this State in preventing and
24 guarding against the pollution of streams and lakes within
25 the State; the management of the wildlife resources,
26 including migratory fowl, and fisheries resources, including
27 the construction of new water impoundment areas; the
28 development of an adequate research program for fish, game,
29 and forestry through cooperation with and support of the
30 Illinois Natural History Survey; and the expressing of
31 policies for proper dissemination of and enforcement of the
32 various laws pertinent to the conservation program of
33 Illinois and the nation.
34 The Board shall make a study of the personnel structure
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1 of the Department and shall, from time to time, make
2 recommendations to the Governor and the Director of Natural
3 Resources for a merit system of employment and for the
4 revision of the position classification to the extent which
5 Civil Service classification should apply in departmental
6 positions.
7 The Board shall make studies of the land acquisition
8 needs of the Department and recommendations from time to time
9 as to necessary acquisition of lands for fisheries, game,
10 forestry, and recreational development.
11 The Board may recommend to the Director of Natural
12 Resources any reductions or increases of seasons and bag or
13 possession limits or the closure of any season when research
14 and inventory data indicate the need for those changes.
15 Board members shall be reimbursed for any necessary
16 travel expenses incurred in the performance of their duties.
17 (Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00.)
18 Section 15. The Illinois Act on the Aging is amended by
19 changing Section 4.02 as follows:
20 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
21 Sec. 4.02. The Department shall establish a program of
22 services to prevent unnecessary institutionalization of
23 persons age 60 and older in need of long term care or who are
24 established as persons who suffer from Alzheimer's disease or
25 a related disorder under the Alzheimer's Disease Assistance
26 Act, thereby enabling them to remain in their own homes or in
27 other living arrangements. Such preventive services, which
28 may be coordinated with other programs for the aged and
29 monitored by area agencies on aging in cooperation with the
30 Department, may include, but are not limited to, any or all
31 of the following:
32 (a) home health services;
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1 (b) home nursing services;
2 (c) homemaker services;
3 (d) chore and housekeeping services;
4 (e) day care services;
5 (f) home-delivered meals;
6 (g) education in self-care;
7 (h) personal care services;
8 (i) adult day health services;
9 (j) habilitation services;
10 (k) respite care;
11 (l) other nonmedical social services that may enable the
12 person to become self-supporting; or
13 (m) clearinghouse for information provided by senior
14 citizen home owners who want to rent rooms to or share living
15 space with other senior citizens.
16 The Department shall establish eligibility standards for
17 such services taking into consideration the unique economic
18 and social needs of the target population for whom they are
19 to be provided. Such eligibility standards shall be based on
20 the recipient's ability to pay for services; provided,
21 however, that in determining the amount and nature of
22 services for which a person may qualify, consideration shall
23 not be given to the value of cash, property or other assets
24 held in the name of the person's spouse pursuant to a written
25 agreement dividing marital property into equal but separate
26 shares or pursuant to a transfer of the person's interest in
27 a home to his spouse, provided that the spouse's share of the
28 marital property is not made available to the person seeking
29 such services. The Department shall, in conjunction with the
30 Department of Public Aid, seek appropriate amendments under
31 Sections 1915 and 1924 of the Social Security Act. The
32 purpose of the amendments shall be to extend eligibility for
33 home and community based services under Sections 1915 and
34 1924 of the Social Security Act to persons who transfer to or
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1 for the benefit of a spouse those amounts of income and
2 resources allowed under Section 1924 of the Social Security
3 Act. Subject to the approval of such amendments, the
4 Department shall extend the provisions of Section 5-4 of the
5 Illinois Public Aid Code to persons who, but for the
6 provision of home or community-based services, would require
7 the level of care provided in an institution, as is provided
8 for in federal law. Those persons no longer found to be
9 eligible for receiving noninstitutional services due to
10 changes in the eligibility criteria shall be given 60 days
11 notice prior to actual termination. Those persons receiving
12 notice of termination may contact the Department and request
13 the determination be appealed at any time during the 60 day
14 notice period. With the exception of the lengthened notice
15 and time frame for the appeal request, the appeal process
16 shall follow the normal procedure. In addition, each person
17 affected regardless of the circumstances for discontinued
18 eligibility shall be given notice and the opportunity to
19 purchase the necessary services through the Community Care
20 Program. If the individual does not elect to purchase
21 services, the Department shall advise the individual of
22 alternative services. The target population identified for
23 the purposes of this Section are persons age 60 and older
24 with an identified service need. Priority shall be given to
25 those who are at imminent risk of institutionalization. The
26 services shall be provided to eligible persons age 60 and
27 older to the extent that the cost of the services together
28 with the other personal maintenance expenses of the persons
29 are reasonably related to the standards established for care
30 in a group facility appropriate to the person's condition.
31 These non-institutional services, pilot projects or
32 experimental facilities may be provided as part of or in
33 addition to those authorized by federal law or those funded
34 and administered by the Department of Human Services. The
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1 Departments of Human Services, Public Aid, Public Health,
2 Veterans' Affairs, and Commerce and Community Affairs and
3 other appropriate agencies of State, federal and local
4 governments shall cooperate with the Department on Aging in
5 the establishment and development of the non-institutional
6 services. The Department shall require an annual audit from
7 all chore/housekeeping and homemaker vendors contracting with
8 the Department under this Section. The annual audit shall
9 assure that each audited vendor's procedures are in
10 compliance with Department's financial reporting guidelines
11 requiring a 27% administrative cost split and a 73% employee
12 wages and benefits cost split. The audit is a public record
13 under the Freedom of Information Act. The Department shall
14 execute, relative to the nursing home prescreening project,
15 written inter-agency agreements with the Department of Human
16 Services and the Department of Public Aid, to effect the
17 following: (1) intake procedures and common eligibility
18 criteria for those persons who are receiving
19 non-institutional services; and (2) the establishment and
20 development of non-institutional services in areas of the
21 State where they are not currently available or are
22 undeveloped. On and after July 1, 1996, all nursing home
23 prescreenings for individuals 60 years of age or older shall
24 be conducted by the Department.
25 The Department is authorized to establish a system of
26 recipient copayment for services provided under this Section,
27 such copayment to be based upon the recipient's ability to
28 pay but in no case to exceed the actual cost of the services
29 provided. Additionally, any portion of a person's income
30 which is equal to or less than the federal poverty standard
31 shall not be considered by the Department in determining the
32 copayment. The level of such copayment shall be adjusted
33 whenever necessary to reflect any change in the officially
34 designated federal poverty standard.
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1 The Department, or the Department's authorized
2 representative, shall recover the amount of moneys expended
3 for services provided to or in behalf of a person under this
4 Section by a claim against the person's estate or against the
5 estate of the person's surviving spouse, but no recovery may
6 be had until after the death of the surviving spouse, if any,
7 and then only at such time when there is no surviving child
8 who is under age 21, blind, or permanently and totally
9 disabled. This paragraph, however, shall not bar recovery,
10 at the death of the person, of moneys for services provided
11 to the person or in behalf of the person under this Section
12 to which the person was not entitled; provided that such
13 recovery shall not be enforced against any real estate while
14 it is occupied as a homestead by the surviving spouse or
15 other dependent, if no claims by other creditors have been
16 filed against the estate, or, if such claims have been filed,
17 they remain dormant for failure of prosecution or failure of
18 the claimant to compel administration of the estate for the
19 purpose of payment. This paragraph shall not bar recovery
20 from the estate of a spouse, under Sections 1915 and 1924 of
21 the Social Security Act and Section 5-4 of the Illinois
22 Public Aid Code, who precedes a person receiving services
23 under this Section in death. All moneys for services paid to
24 or in behalf of the person under this Section shall be
25 claimed for recovery from the deceased spouse's estate.
26 "Homestead", as used in this paragraph, means the dwelling
27 house and contiguous real estate occupied by a surviving
28 spouse or relative, as defined by the rules and regulations
29 of the Illinois Department of Public Aid, regardless of the
30 value of the property.
31 The Department shall develop procedures to enhance
32 availability of services on evenings, weekends, and on an
33 emergency basis to meet the respite needs of caregivers.
34 Procedures shall be developed to permit the utilization of
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1 services in successive blocks of 24 hours up to the monthly
2 maximum established by the Department. Workers providing
3 these services shall be appropriately trained.
4 The Department shall work in conjunction with the
5 Alzheimer's Task Force and members of the Alzheimer's
6 Association and other senior citizens' organizations in
7 developing these procedures by December 30, 1991.
8 Beginning on the effective date of this Amendatory Act of
9 1991, no person may perform chore/housekeeping and homemaker
10 services under a program authorized by this Section unless
11 that person has been issued a certificate of pre-service to
12 do so by his or her employing agency. Information gathered
13 to effect such certification shall include (i) the person's
14 name, (ii) the date the person was hired by his or her
15 current employer, and (iii) the training, including dates and
16 levels. Persons engaged in the program authorized by this
17 Section before the effective date of this amendatory Act of
18 1991 shall be issued a certificate of all pre- and in-service
19 training from his or her employer upon submitting the
20 necessary information. The employing agency shall be
21 required to retain records of all staff pre- and in-service
22 training, and shall provide such records to the Department
23 upon request and upon termination of the employer's contract
24 with the Department. In addition, the employing agency is
25 responsible for the issuance of certifications of in-service
26 training completed to their employees.
27 The Department is required to develop a system to ensure
28 that persons working as homemakers and chore housekeepers
29 receive increases in their wages when the federal minimum
30 wage is increased by requiring vendors to certify that they
31 are meeting the federal minimum wage statute for homemakers
32 and chore housekeepers. An employer that cannot ensure that
33 the minimum wage increase is being given to homemakers and
34 chore housekeepers shall be denied any increase in
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1 reimbursement costs.
2 The Department on Aging and the Department of Human
3 Services shall cooperate in the development and submission of
4 an annual report on programs and services provided under this
5 Section. Such joint report shall be filed with the Governor
6 and the General Assembly on or before September 30 each year.
7 The requirement for reporting to the General Assembly
8 shall be satisfied by filing copies of the report with the
9 Speaker, the Minority Leader and the Clerk of the House of
10 Representatives and the President, the Minority Leader and
11 the Secretary of the Senate and the Legislative Research
12 Unit, as required by Section 3.1 of the General Assembly
13 Organization Act and filing such additional copies with the
14 State Government Report Distribution Center for the General
15 Assembly as is required under paragraph (t) of Section 7 of
16 the State Library Act.
17 Those persons previously found eligible for receiving
18 non-institutional services whose services were discontinued
19 under the Emergency Budget Act of Fiscal Year 1992, and who
20 do not meet the eligibility standards in effect on or after
21 July 1, 1992, shall remain ineligible on and after July 1,
22 1992. Those persons previously not required to cost-share
23 and who were required to cost-share effective March 1, 1992,
24 shall continue to meet cost-share requirements on and after
25 July 1, 1992. Beginning July 1, 1992, all clients will be
26 required to meet eligibility, cost-share, and other
27 requirements and will have services discontinued or altered
28 when they fail to meet these requirements.
29 (Source: P.A. 91-303, eff. 1-1-00.)
30 (20 ILCS 105/8.04 rep.)
31 Section 16. The Illinois Act on the Aging is amended by
32 repealing Section 8.04.
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1 Section 20. The Personnel Code is amended by changing
2 Sections 7a, 7b, 7c, and 7e as follows:
3 (20 ILCS 415/7a) (from Ch. 127, par. 63b107a)
4 Sec. 7a. Civil Service Commission, organization. There
5 shall be a Civil Service Commission of 5 three members.
6 (Source: Laws 1955, p. 2208.)
7 (20 ILCS 415/7b) (from Ch. 127, par. 63b107b)
8 Sec. 7b. Qualifications. The members of the Commission
9 shall be persons in sympathy with the application of merit
10 principles to public employment. No more than 3 two members
11 of the Commission may be adherents of the same political
12 party.
13 (Source: Laws 1955, p. 2208.)
14 (20 ILCS 415/7c) (from Ch. 127, par. 63b107c)
15 Sec. 7c. Appointment. Members of the Civil Service
16 Commission in office at the time of the effective date of
17 this Act shall continue in office until the expiration of the
18 terms for which they were appointed. Their successors shall
19 be appointed by the Governor with the advice and consent of
20 the Senate for terms ending 6 six years from the date of
21 expiration of the terms for which their predecessors were
22 appointed, except that a person appointed to fill a vacancy
23 occurring prior to the expiration of a 6 year term shall be
24 similarly appointed for the remainder of the unexpired term.
25 Each member of the Commission shall hold office until his
26 successor is appointed and qualified. The Governor shall
27 appoint one of the members to serve as chairman of the
28 Commission at the pleasure of the Governor.
29 Notwithstanding any provision of this Section to the
30 contrary, the term of office of each member of the Commission
31 is abolished on the effective date of this amendatory Act of
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1 1985, but the incumbents shall continue to exercise all of
2 the powers and be subject to all of the duties of members of
3 the Commission until their respective successors are
4 appointed and qualified. The successors to the members whose
5 terms of office are herein abolished shall be appointed by
6 the Governor with the advice and consent of the Senate to
7 terms of office as follows: one member shall be appointed to
8 a term of office to expire on March 1, 1987; one member shall
9 be appointed to a term of office to expire on March 1, 1989;
10 and one member shall be appointed to a term of office to
11 expire on March 1, 1991. The 2 additional members appointed
12 pursuant to this amendatory Act of the 91st General Assembly
13 shall each be appointed to a term of office to expire on
14 March 1, 2005. Each member of the Commission shall hold
15 office until his successor is appointed and qualified.
16 Following the terms of office established in this paragraph,
17 successors shall be appointed in accordance with the
18 provisions of the first paragraph of this Section.
19 (Source: P.A. 84-115.)
20 (20 ILCS 415/7e) (from Ch. 127, par. 63b107e)
21 Sec. 7e. Chairman, meetings. The Commission shall meet at
22 such time and place as shall be specified by call of the
23 chairman or the Director. At least one meeting shall be held
24 each month. Notice of each meeting shall be given in writing
25 to each member by the chairman at least three days in advance
26 of the meeting. Three Two members shall constitute a quorum
27 for the transaction of business.
28 (Source: Laws 1955, p. 2208.)
29 (20 ILCS 505/7.2 rep.)
30 Section 25. The Children and Family Services Act is
31 amended by repealing Section 7.2.
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1 (20 ILCS 605/605-715 rep.)
2 Section 30. The Department of Commerce and Community
3 Affairs Law of the Civil Administrative Code of Illinois is
4 amended by repealing Section 605-715.
5 Section 35. The Illinois Development Finance Authority
6 Act is amended by changing Section 4 as follows:
7 (20 ILCS 3505/4) (from Ch. 48, par. 850.04)
8 Sec. 4. There is hereby created a political subdivision,
9 body politic and corporate by the name and style of Illinois
10 Development Finance Authority. The exercise by the Authority
11 of the powers conferred by law shall be an essential public
12 function.
13 The governing powers of the Authority shall be vested in
14 a body consisting of 17 15 members including, as ex officio
15 members, the Director of Labor and the Director of the
16 Department of Commerce and Community Affairs or their
17 designees. The other 15 13 members of the Authority shall be
18 appointed by the Governor with the advice and consent of the
19 Senate and shall be designated "public members". Nine Eight
20 members shall constitute a quorum. However, when a quorum of
21 members of the Authority is physically present at the meeting
22 site, other Authority members may participate in and act at
23 any meeting through the use of a conference telephone or
24 other communications equipment by means of which all persons
25 participating in the meeting can hear each other.
26 Participation in such meeting shall constitute attendance and
27 presence in person at the meeting of the person or persons so
28 participating. Not more than 9 8 members of the Authority
29 may be of the same political party. The Chairman of the
30 Authority shall be elected by the Authority from among its
31 public members, all of whom shall be persons of recognized
32 ability and experience in one or more of the following areas:
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1 economic development, finance, banking, industrial
2 development, small business management, real estate
3 development, community development, venture finance,
4 construction, and labor relations. At least one public
5 member shall be a representative of the interests of
6 organized labor.
7 The terms of all members of the Authority holding office
8 on the effective date of this amendatory Act of 1983, other
9 than the ex officio members, shall expire 90 days after that
10 date, and the Governor shall appoint 10 new members whose
11 terms shall commence the day following such expiration date.
12 Of the members initially appointed by the Governor pursuant
13 to this amendatory Act of 1983, 5 shall serve until the third
14 Monday in January, 1985 and 5 shall serve until the third
15 Monday in January, 1987, and until their successors are
16 appointed and qualified. The members initially appointed
17 under this amendatory Act of 1985 shall serve until the third
18 Monday in January 1989. The members initially appointed
19 under this amendatory Act of the 91st General Assembly shall
20 serve until the 3rd Monday in January 2004. Each member
21 appointed under this paragraph who is confirmed by the Senate
22 shall hold office during the specified time and until his
23 successor shall be appointed and qualified.
24 All successors shall hold office for a term of 4 years
25 commencing the third Monday in January of the year in which
26 their term commences, except in case of an appointment to
27 fill a vacancy. In case of vacancy in the office when the
28 Senate is not in session, the Governor may make a temporary
29 appointment until the next meeting of the Senate when he
30 shall nominate such person to fill such office, and any
31 person so nominated who is confirmed by the Senate, shall
32 hold his office during the remainder of the term and until
33 his successor shall be appointed and qualified. If the Senate
34 is not in session at the time the amendatory Acts of 1983 and
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1 1985 and of the 91st General Assembly take effect, the
2 Governor may make temporary appointments of the new public
3 members as in the case of vacancies. Members of the Authority
4 shall not be entitled to compensation for their services as
5 members, but shall be entitled to reimbursement for all
6 necessary expenses incurred in connection with the
7 performance of their duties as members.
8 The Governor may remove any public member of the
9 Authority in case of incompetency, neglect of duty, or
10 malfeasance in office, after service on him of a copy of the
11 written charges against him and an opportunity to be publicly
12 heard in person or by counsel in his own defense upon not
13 less than 10 days notice.
14 The members of the Authority shall appoint an Executive
15 Director who shall be a person knowledgeable in the areas of
16 financial markets and instruments and the financing of
17 business enterprises, to hold office during the pleasure of
18 the members. The Executive Director shall be the chief
19 administrative and operational officer of the Authority and
20 shall direct and supervise its administrative affairs and
21 general management and perform such other duties as may be
22 prescribed from time to time by the members and shall receive
23 compensation fixed by the Authority. The Executive Director
24 or any committee of the members may carry out such
25 responsibilities of the members as the members by resolution
26 may delegate. The Executive Director shall attend all
27 meetings of the Authority; however, no action of the
28 Authority shall be invalid on account of the absence of the
29 Executive Director from a meeting. The Authority may engage
30 the services of such other agents and employees, including
31 attorneys, appraisers, engineers, accountants, credit
32 analysts and other consultants, as it may deem advisable and
33 may prescribe their duties and fix their compensation.
34 (Source: P.A. 88-519.)
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1 Section 38. The Illinois Planning Council on
2 Developmental Disabilities Law is amended by changing
3 Sections 2001, 2002, 2003, and 2006 and by adding Section
4 2004.5 as follows:
5 (20 ILCS 4010/2001) (from Ch. 91 1/2, par. 1951)
6 Sec. 2001. Short title. This Article may be cited as
7 the Illinois Planning Council on Developmental Disabilities
8 Law.
9 (Source: P.A. 86-1190.)
10 (20 ILCS 4010/2002) (from Ch. 91 1/2, par. 1952)
11 Sec. 2002. Definitions. As used in this Article, unless
12 the context requires otherwise:
13 (a) "Council" means the Illinois Planning Council on
14 Developmental Disabilities.
15 (b) "Chairperson" means the chairperson of the Illinois
16 Planning Council on Developmental Disabilities.
17 (c) "Director" means the director of the Illinois
18 Planning Council on Developmental Disabilities.
19 (d) "Developmental disability" means, in general, a
20 severe chronic disability of an individual that a person 5
21 years of age or older which:
22 (1) is attributable to a mental or physical
23 impairment or combination of mental and physical
24 impairments;
25 (2) is manifested before the person attains age 22;
26 (3) is likely to continue indefinitely;
27 (4) results in substantial functional limitations
28 in 3 or more of the following areas of major life
29 activity: self care, receptive and expressive language,
30 learning, mobility, self direction, capacity for
31 independent living, and economic sufficiency; and
32 (5) reflects the person's need for a combination
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1 and sequence of special interdisciplinary or generic
2 services care, individualized supports, treatment or
3 other forms of assistance that services which are of life
4 long or extended duration and are individually planned
5 and coordinated.;
6 except that such term, When applied to infants and young
7 children, an individual may be considered to have a
8 "developmental disability" if the individual means
9 individuals from birth to age 9 5, inclusive, has who have
10 (i) a substantial developmental delay or specific congenital
11 or acquired conditions and (ii) does not meet 3 or more of
12 the criteria described in paragraphs (1) through (5) but who,
13 without services and support, has a high probability of
14 meeting those criteria later in life with a high probability
15 of resulting in developmental disabilities if services are
16 not provided.
17 (Source: P.A. 86-1190; 87-1158.)
18 (20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
19 Sec. 2003. Planning Council. The Illinois Planning
20 Council on Developmental Disabilities is hereby created as an
21 executive agency of State government. The council shall be
22 composed of 39 members, governed by a chairperson, and headed
23 by a director. The Council shall be composed of 29 members,
24 governed by a chairperson, and headed by a director. The
25 functions of the council shall be as prescribed in Chapter 75
26 of Title 42 of the United States Code (42 U.S.C. 6000, et
27 seq.), as now or hereafter amended, and in Section 2006 of
28 this Article.
29 The Council shall receive and disburse funds authorized
30 under Chapter 75 of Title 42 of the United States Code (42
31 U.S.C. 6000, et seq.), as now or hereafter amended.
32 (Source: P.A. 86-1190.)
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1 (20 ILCS 4010/2004.5 new)
2 Sec. 2004.5. Council membership. The General Assembly
3 intends that the reduction in the membership of the Council
4 shall occur through attrition between the effective date of
5 this amendatory Act of the 91st General Assembly and January
6 1, 2001. In the event that the terms of 10 voting members
7 have not expired by January 1, 2001, members of the Council
8 serving on that date shall continue to serve until their
9 terms expire.
10 (a) The membership of the Council must reasonably
11 represent the diversity of this State. Not less than 60% of
12 the Council's membership must be individuals with
13 developmental disabilities, parents or guardians of children
14 with developmental disabilities, or immediate relatives or
15 guardians of adults with developmental disabilities who
16 cannot advocate for themselves.
17 The Council must also include representatives of State
18 agencies that administer moneys under federal laws that
19 relate to individuals with developmental disabilities; the
20 State University Center for Excellence in Developmental
21 Disabilities Education, Research, and Service; the State
22 protection and advocacy system; and representatives of local
23 and non-governmental agencies and private non-profit groups
24 concerned with services for individuals with developmental
25 disabilities. The members described in this paragraph must
26 have sufficient authority to engage in policy-making,
27 planning, and implementation on behalf of the department,
28 agency, or program that they represent. Those members may
29 not take part in any discussion of grants or contracts for
30 which their departments, agencies, or programs are grantees,
31 contractors, or applicants and must comply with any other
32 relevant conflict of interest provisions in the Council's
33 policies or bylaws.
34 (b) Seventeen voting members, appointed by the Governor,
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1 must be persons with developmental disabilities, parents or
2 guardians of persons with developmental disabilities, or
3 immediate relatives or guardians of persons with
4 mentally-impairing developmental disabilities. None of these
5 members may be employees of a State agency that receives
6 funds or provides services under the federal Developmental
7 Disabilities Assistance and Bill of Rights Act of 1996 (42
8 U.S.C. 6000 et seq.), as now or hereafter amended, managing
9 employees of any other entity that receives moneys or
10 provides services under the federal Developmental
11 Disabilities Assistance and Bill of Rights Act of 1996 (42
12 U.S.C. 6000 et seq.), as now or hereafter amended, or persons
13 with an ownership interest in or a controlling interest in
14 such an entity. Of the members appointed under this
15 subsection (b):
16 (1) at least 6 must be persons with developmental
17 disabilities;
18 (2) at least 6 must be parents, immediate relatives,
19 or guardians of children and adults with developmental
20 disabilities, including individuals with
21 mentally-impairing developmental disabilities who cannot
22 advocate for themselves; and
23 (3) 5 members must be a combination of persons
24 described in paragraphs (1) and (2); at least one of whom
25 must be (i) an immediate relative or guardian of an
26 individual with a developmental disability who resides or
27 who previously resided in an institution or (ii) an
28 individual with a developmental disability who resides or
29 who previously resided in an institution.
30 (c) Two voting members, appointed by the Governor, must
31 be representatives of local and non-governmental agencies and
32 private non-profit groups concerned with services for
33 individuals with developmental disabilities.
34 (d) Nine voting members shall be the Director of Public
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1 Aid, or his or her designee; the Director of Aging, or his or
2 her designee; the Director of Children and Family Services,
3 or his or her designee; a representative of the State Board
4 of Education; a representative of the State protection and
5 advocacy system; a representative of the State University
6 Center for Excellence in Developmental Disabilities
7 Education, Research, and Service; representatives of the
8 Office of Developmental Disabilities and the Office of
9 Community Health and Prevention of the Department of Human
10 Services (as the State's lead agency for Title V of the
11 Social Security Act, 42 U.S.C. 701 et seq.) designated by the
12 Secretary of Human Services; and a representative of the
13 State entity that administers federal moneys under the
14 federal Rehabilitation Act.
15 (e) The Director of the Bureau of the Budget, or his or
16 her designee, shall be a non-voting member of the Council.
17 (f) The Governor must provide for the timely rotation of
18 members.
19 Appointments to the Council shall be for terms of 3
20 years. Appointments to fill vacancies occurring before the
21 expiration of a term shall be for the remainder of the term.
22 Members shall serve until their successors are appointed.
23 The Council, at the discretion of the Governor, may
24 coordinate and provide recommendations for new members to the
25 Governor based upon their review of the Council's composition
26 and on input received from other organizations and
27 individuals representing persons with developmental
28 disabilities, including the non-State agency members of the
29 Council. The Council must, at least once each year, advise
30 the Governor on the Council's membership requirements and
31 vacancies, including rotation requirements.
32 No member may serve for more than 2 successive terms.
33 (g) Members may not receive compensation for their
34 services, but shall be reimbursed for their reasonable
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1 expenses plus up to $50 per day for any loss of wages
2 incurred in the performance of their duties.
3 (h) The total membership of the Council consists of the
4 number of voting members, as defined in this Section,
5 excluding any vacant positions. A quorum is a simple majority
6 of the total membership and is sufficient to constitute the
7 transaction of the business of the Council unless otherwise
8 stipulated in the bylaws of the Council.
9 (i) The Council must meet at least quarterly.
10 (20 ILCS 4010/2006) (from Ch. 91 1/2, par. 1956)
11 Sec. 2006. Powers and duties of the Council. The Council
12 shall serve as an advocate for all persons with developmental
13 disabilities to assure that they participate in the design of
14 and have access to needed community services, individualized
15 supports, and other forms of assistance that promote
16 self-determination, receive the services and other assistance
17 and opportunities necessary to enable them to achieve their
18 maximum potential through increased independence,
19 productivity, and integration into the community. As such,
20 the Council shall:
21 (a) Develop and implement the State plan required by
22 Chapter 75 of Title 42 of the United States Code (42 U.S.C.
23 6000, et seq.), as now or hereafter amended.
24 (a-5) Implement the State plan by conducting and
25 supporting advocacy, capacity building, and systemic change
26 activities, including but not limited to the following:
27 (1) outreach activities to identify, assist, and
28 enable individuals with developmental disabilities and
29 their families to obtain services, individualized
30 supports, and other assistance;
31 (2) training for individuals with developmental
32 disabilities, their families, communities, and others
33 regarding the support, services, and other assistance
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1 necessary to achieve the goals of integration, inclusion,
2 productivity, and independence for persons with
3 developmental disabilities;
4 (3) technical assistance to assist public and
5 private entities to achieve the goals of this Section;
6 (4) supporting and educating communities to assist
7 neighborhoods and communities in responding positively to
8 individuals with developmental disabilities and their
9 families and in offering access to and use of services,
10 resources, and opportunities;
11 (5) inter-agency collaboration and coordination to
12 better serve, support, assist, or advocate for
13 individuals with developmental disabilities and their
14 families;
15 (6) coordination with other related councils,
16 committees, and programs;
17 (7) barrier elimination, systems design, and
18 redesign activities that enhance participation by
19 individuals with developmental disabilities in their
20 communities;
21 (8) providing policymakers with information from
22 Council-supported projects and activities in order to
23 increase the ability of policymakers to offer
24 opportunities to enhance or adapt generic or specialized
25 services to individuals with developmental disabilities
26 and their families;
27 (9) demonstration of new approaches to services and
28 support for people with developmental disabilities and
29 their families that are part of an overall strategy for
30 systemic change; and
31 (10) other advocacy, capacity building, and systemic
32 changes that promote a coordinated, consumer and
33 family-centered and directed comprehensive system of
34 community services.
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1 (b) (Blank). Develop and submit to the Governor and the
2 General Assembly an annual comprehensive State interagency
3 plan with input from the principal State agencies that
4 provide or administer programs for persons with developmental
5 disabilities. The developmental disabilities services
6 implementation plan developed under the Developmental
7 Disabilities Services Law shall be incorporated into and
8 become a part of the annual plan required by this Law. The
9 council shall provide assistance and coordination to State
10 agencies in the development and oversight of the State
11 Developmental Disabilities System Plan as required by the
12 Developmental Disabilities Services Law, and all subsequent
13 and related planning requirements. The council shall submit
14 the plan, including a report on the status of implementation
15 of its various components, to the Governor and the General
16 Assembly on the first Wednesday of April of each year.
17 (c) Advise the principal State agencies that provide
18 services or administer programs for persons with
19 developmental disabilities, the General Assembly, and the
20 Governor concerning the use of State and federal resources
21 for persons with developmental disabilities, groups who are
22 not adequately served by the system, the prevention of
23 developmental disabilities, and other related matters.
24 (d) (Blank). Develop principles and values that support
25 integration, productivity and independence for persons with
26 developmental disabilities that will guide the design of the
27 service system.
28 (e) Recommend and advocate for the adoption of public
29 policies that which will affect the State service system to
30 support the independence, productivity, and integration, and
31 inclusion of persons with developmental disabilities.
32 (f) (Blank). Increase the capacities and resources of
33 public and private entities through a variety of activities
34 that will develop a system for providing specialized services
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1 or special adaptations of generic services that respond to
2 the needs of persons with developmental disabilities and
3 their families. This system shall be coordinated among the
4 principal agencies providing services or administering
5 programs in the area of developmental disabilities.
6 (g) Take any other actions as may be reasonable to carry
7 out the purposes of this Article and Chapter 75 of Title 42
8 of the United States Code (42 U.S.C. 6000, et seq.), as now
9 or hereafter amended.
10 The Council shall promulgate rules and regulations to
11 implement this Article in accordance with the Illinois
12 Administrative Procedure Act.
13 The Council shall have the cooperation of relevant State
14 agencies in fulfilling its responsibilities.
15 (Source: P.A. 86-1190; 87-1158.)
16 Section 40. The Compensation Review Act is amended by
17 changing Section 2 as follows:
18 (25 ILCS 120/2) (from Ch. 63, par. 902)
19 Sec. 2. There is created the Compensation Review Board,
20 hereinafter referred to as the Board.
21 The Board shall consist of l2 members, appointed 3 each
22 by the Speaker of the House of Representatives, the Minority
23 Leader thereof, the President of the Senate, and the Minority
24 Leader thereof. Members shall be adults and be residents of
25 Illinois. Members may not be members or employees or former
26 members or employees of the judicial, executive or
27 legislative branches of State government; nor may members be
28 persons registered under the Lobbyist Registration Act. Any
29 member may be reappointed for a consecutive term but no
30 member may serve for more than 10 years total on the Board.
31 The respective appointing legislative leader may remove any
32 such appointed member prior to the expiration of his term on
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1 the Board for official misconduct, incompetence or neglect of
2 duty.
3 Members shall serve without compensation but shall
4 receive an allowance for living expenses incurred in the
5 performance of their official duties in an amount per day
6 equal to the amount permitted to be deducted for such
7 expenses by members of the General Assembly under the federal
8 Internal Revenue Code, as now or hereafter amended. The rate
9 for reimbursement of mileage expenses shall be equal to the
10 amount established from time to time for members of the
11 General Assembly. The Board may, without regard to the
12 Personnel Code, employ and fix the compensation or
13 remuneration of employees as it considers necessary or
14 desirable. The General Assembly shall appropriate the funds
15 necessary to operate the Board.
16 (Source: P.A. 91-357, eff. 7-29-99.)
17 (70 ILCS 3620/8 rep.)
18 Section 50. The Public Transit Employee Training
19 Programs Act is amended by repealing Section 8.
20 Section 55. The Illinois Educational Labor Relations Act
21 is amended by changing Sections 5 and 17.1 as follows:
22 (115 ILCS 5/5) (from Ch. 48, par. 1705)
23 Sec. 5. Illinois Educational Labor Relations Board.
24 (a) There is hereby created the Illinois Educational
25 Labor Relations Board consisting of 7 of 5 members, no more
26 than 4 of 3 of whom may be of the same political party, who
27 are residents of Illinois appointed by the Governor with the
28 advice and consent of the Senate. The Governor shall appoint
29 to the Board only persons who have had a minimum of 5 years
30 of experience directly related to labor and employment
31 relations in representing educational employers or
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1 educational employees in collective bargaining matters. One
2 appointed member shall be designated at the time of his or
3 her appointment to serve as chairman.
4 Of the 2 additional members appointed pursuant to this
5 amendatory Act of 1997, one shall be designated at the time
6 of his or her appointment to serve a term of 6 years and the
7 other shall be designated at the time of his or her
8 appointment to serve a term of 4 years, with each to serve
9 until his or her successor is appointed and qualified. In
10 the event the Senate is not in session at the time the 2
11 additional members are appointed pursuant to this amendatory
12 Act of 1997, the Governor shall make those appointments as
13 temporary appointments until the next meeting of the Senate
14 when he shall appoint, by and with the advice and consent of
15 the Senate, 2 persons to fill those memberships for their
16 unexpired terms.
17 The 2 additional members appointed pursuant to this
18 amendatory Act of the 91st General Assembly shall each serve
19 initial terms of 6 years.
20 (b) Each subsequent member shall be appointed in like
21 manner for a term of 6 years and until his or her successor
22 is appointed and qualified. Each member of the Board is
23 eligible for reappointment. Vacancies shall be filled in the
24 same manner as original appointments for the balance of the
25 unexpired term.
26 (c) The chairman shall be paid $50,000 per year, or an
27 amount set by the Compensation Review Board, whichever is
28 greater. Other members of the Board shall each be paid
29 $45,000 per year, or an amount set by the Compensation Review
30 Board, whichever is greater. They shall be entitled to
31 reimbursement for necessary traveling and other official
32 expenditures necessitated by their official duties.
33 (d) Four Three members of the Board constitute a quorum
34 and a vacancy on the board does not impair the right of the
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1 remaining members to exercise all of the powers of the Board.
2 (e) Any member of the Board may be removed by the
3 Governor, upon notice, for neglect of duty or malfeasance in
4 office, but for no other cause.
5 (f) The Board may appoint or employ an executive
6 director, attorneys, hearing officers, and such other
7 employees as it deems necessary to perform its functions.
8 The Board shall prescribe the duties and qualifications of
9 such persons appointed and, subject to the annual
10 appropriation, fix their compensation and provide for
11 reimbursement of actual and necessary expenses incurred in
12 the performance of their duties.
13 (g) The Board may promulgate rules and regulations which
14 allow parties in proceedings before the Board to be
15 represented by counsel or any other person knowledgeable in
16 the matters under consideration.
17 (h) To accomplish the objectives and to carry out the
18 duties prescribed by this Act, the Board may subpoena
19 witnesses, subpoena the production of books, papers, records
20 and documents which may be needed as evidence on any matter
21 under inquiry and may administer oaths and affirmations.
22 In cases of neglect or refusal to obey a subpoena issued
23 to any person, the circuit court in the county in which the
24 investigation or the public hearing is taking place, upon
25 application by the Board, may issue an order requiring such
26 person to appear before the Board or any member or agent of
27 the Board to produce evidence or give testimony. A failure to
28 obey such order may be punished by the court as in civil
29 contempt.
30 Any subpoena, notice of hearing, or other process or
31 notice of the Board issued under the provisions of this Act
32 may be served personally, by registered mail or by leaving a
33 copy at the principal office of the respondent required to be
34 served. A return, made and verified by the individual making
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1 such service and setting forth the manner of such service, is
2 proof of service. A post office receipt, when registered mail
3 is used, is proof of service. All process of any court to
4 which application may be made under the provisions of this
5 Act may be served in the county where the persons required to
6 be served reside or may be found.
7 (i) The Board shall adopt, promulgate, amend, or rescind
8 rules and regulations in accordance with "The Illinois
9 Administrative Procedure Act", as now or hereafter amended,
10 as it deems necessary and feasible to carry out this Act.
11 (j) The Board at the end of every State fiscal year
12 shall make a report in writing to the Governor and the
13 General Assembly, stating in detail the work it has done in
14 hearing and deciding cases and otherwise.
15 (Source: P.A. 90-548, eff. 1-1-98.)
16 (115 ILCS 5/17.1) (from Ch. 48, par. 1717.1)
17 Sec. 17.1. Precedents established by other labor boards.
18 Unless contradicted by administrative precedent previously
19 established by the Board, all final decisions in
20 representation and unfair labor practice cases decided by the
21 State or Local Panel of the Illinois Labor Relations Board or
22 their predecessors, the Illinois State Labor Relations Board
23 and the Illinois Local Labor Relations Board previously
24 created under the Illinois Public Labor Relations Act, which
25 have not been reversed by subsequent court rulings, shall be
26 considered, but need not be followed, by the Board.
27 (Source: P.A. 85-924.)
28 Section 60. The Illinois Banking Act is amended by
29 changing Sections 78 and 79 as follows:
30 (205 ILCS 5/78) (from Ch. 17, par. 390)
31 Sec. 78. Board of banks and trust companies; creation,
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1 members, appointment. There is created a Board which shall
2 be known as the State Banking Board of Illinois which shall
3 consist of the Commissioner, who shall be its chairman, and
4 16 14 additional members divided into 3 two classes
5 designated Class A members, and Class B members, and Class C
6 members who are appointed by the Governor by and with the
7 advice and consent of the Senate and made up as follows:
8 Class A shall consist of 4 persons, none of whom shall be
9 an officer or director of or owner, whether direct or
10 indirect, of more than 5% of the outstanding capital stock of
11 any bank.
12 Class B shall consist of 10 persons who at the time of
13 their respective appointments shall have had not less than 10
14 years banking experience. Of the 10 Class B members, 2 shall
15 be from State banks having total assets of not more than
16 $20,000,000 at the time of their appointment, 2 shall be from
17 State banks having total assets of more than $20,000,000 but
18 not more than $50,000,000 at the time of their appointment, 2
19 shall be from State banks having total assets of more than
20 $50,000,000, but not more than $125,000,000 at the time of
21 their appointment, one shall be from a State bank having
22 total assets of more than $125,000,000 but not more than
23 $250,000,000 at the time of appointment, one shall be from a
24 State bank having total assets of more than $250,000,000 but
25 not more than $1,000,000,000 at the time of appointment, one
26 shall be from a State bank having total assets of more than
27 $1,000,000,000 at the time of appointment and one shall be
28 from a foreign banking corporation certificated pursuant to
29 the Foreign Banking Office Act.
30 Class C shall consist of 2 persons who shall be at-large
31 members representing the banking industry generally.
32 (Source: P.A. 84-905; 84-1004.)
33 (205 ILCS 5/79) (from Ch. 17, par. 391)
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1 Sec. 79. Board, terms of office. The terms of office of
2 the Class A and Class B members of the Board of Banks and
3 Trust Companies who are in office on the effective date of
4 this Amendatory Act of 1985 shall expire on December 31,
5 1985. The terms of office of Class A, and Class B, and Class
6 C members of the State Banking Board shall be as follows:
7 (a) The terms of office of all Class A and Class B
8 members of the State Banking Board shall begin on January 1,
9 1986.
10 (b) The persons first appointed as the Class A members
11 of the State Banking Board shall have the following terms as
12 designated by the Governor; one person for a term of one
13 year, one person for a term of 2 years, one person for a term
14 of 3 years and one person for a term of 4 years. Thereafter,
15 the term of office of each Class A member shall be 4 years,
16 except that an appointment to fill a vacancy shall be for the
17 unexpired term of the member whose term is being filled.
18 (c) The persons first appointed as Class B members of
19 the State Banking Board shall have the following terms as
20 designated by the Governor; one member for a term of one
21 year, 3 members for a term of 2 years, 3 members for a term
22 of 3 years, and 3 members for a term of 4 years. Thereafter,
23 the term of office of each Class B member shall be 4 years,
24 except that an appointment to fill a vacancy shall be for the
25 unexpired term of the member whose term is being filled.
26 (c-5) The initial term of office of each Class C member
27 of the State Banking Board appointed pursuant to this
28 amendatory Act of the 91st General Assembly shall expire on
29 January 1, 2004. Thereafter, the term of office of each
30 Class C member shall be 4 years, except that an appointment
31 to fill a vacancy shall be for the unexpired term of the
32 member whose term is being filled.
33 (d) No Class A, or Class B, or Class C State Banking
34 Board member shall serve more than 2 full 4-year terms of
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1 office.
2 (e) The term of office of a State Banking Board member
3 shall terminate automatically when the member no longer meets
4 the qualifications for the member's appointment to the Board
5 provided that an increase or decrease in the asset size of
6 the member's bank during the member's term of office on the
7 State Banking Board shall not result in the termination of
8 the member's term of office.
9 (Source: P.A. 90-301, eff. 8-1-97.)
10 Section 65. The Illinois Insurance Code is amended by
11 changing Section 143.28 as follows:
12 (215 ILCS 5/143.28) (from Ch. 73, par. 755.28)
13 Sec. 143.28. The rates and premium charges for all
14 policies of automobile insurance, as described in sub-section
15 (a) of Section 143.13 of this Code, shall include appropriate
16 reductions for insured automobiles which are equipped with
17 anti-theft mechanisms or devices approved by the Director.
18 To implement the provisions of this section, the Director
19 shall promulgate rules and regulations., and shall appoint an
20 Automotive Engineering Advisory Panel consisting of qualified
21 persons with expertise in automotive design, vehicle service,
22 and theft deterrent measures, to develop minimum performance
23 standards for certification of such anti-theft mechanisms and
24 devices and to develop minimum performance standards for
25 their certification. The Secretary of State or his
26 designated representative shall be a member of the Automotive
27 Engineering Advisory Panel, and shall provide the Panel with
28 technical and other assistance, as it shall require. The
29 rules and regulations promulgated hereunder shall include
30 procedures for certification to insurers that anti-theft
31 mechanisms and devices have been installed properly in
32 insured vehicles.
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1 (Source: P.A. 81-0871; 81-1509.)
2 Section 70. The Environmental Health Practitioner
3 Licensing Act is amended by changing Section 18 as follows:
4 (225 ILCS 37/18)
5 Sec. 18. Board of Environmental Health Practitioners.
6 The Board of Environmental Health Practitioners is created
7 and shall exercise its duties as provided in this Act. The
8 Board shall consist of 7 members appointed by the Director.
9 Of the 7 members, 4 shall be environmental health
10 practitioners, one a Public Health Administrator who meets
11 the minimum qualifications for public health personnel
12 employed by full time local health departments as prescribed
13 by the Illinois Department of Public Health and is actively
14 engaged in the administration of a local health department
15 within this State, one full time professor teaching in the
16 field of environmental health practice, and one member of the
17 general public. In making the appointments to the Board, the
18 Director shall consider the recommendations of related
19 professional and trade associations including the Illinois
20 Environmental Health Association and the Illinois Public
21 Health Association and of the Director of Public Health.
22 Each of the environmental health practitioners shall have at
23 least 5 years of full time employment in the field of
24 environmental health practice before the date of appointment.
25 Each appointee filling the seat of an environmental health
26 practitioner appointed to the Board must be licensed under
27 this Act, however, in appointing the environmental health
28 practitioner members of the first Board, the Director may
29 appoint any environmental health practitioner who possesses
30 the qualifications set forth in Section 20 of this Act. Of
31 the initial appointments, 3 members shall be appointed for
32 3-year terms, 2 members for 2-year terms, and 2 members for
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1 one-year terms. Each succeeding member shall serve for a
2 3-year term. No member may serve more than 2 consecutive
3 terms.
4 The membership of the Board shall reasonably reflect
5 representation from the various geographic areas of the
6 State.
7 A vacancy in the membership of the Board shall not impair
8 the right of a quorum to exercise all the rights and perform
9 all the duties of the Board.
10 The members of the Board are entitled to receive as
11 compensation a reasonable sum as determined by the Director
12 for each day actually engaged in the duties of the office and
13 all legitimate and necessary expenses incurred in attending
14 the meetings of the Board.
15 Members of the Board shall be immune from suit in any
16 action based upon any disciplinary proceedings or other
17 activities performed in good faith as members of the Board.
18 The Director may remove any member of the Board for any
19 cause that, in the opinion of the Director, reasonably
20 justifies termination.
21 (Source: P.A. 89-61, eff. 6-30-95.)
22 Section 75. The Illinois Horse Racing Act of 1975 is
23 amended by changing Sections 4 and 5 as follows:
24 (230 ILCS 5/4) (from Ch. 8, par. 37-4)
25 Sec. 4. The Board shall consist of 11 9 members to be
26 appointed by the Governor with the advice and consent of the
27 Senate, not more than 6 5 of whom shall be of the same
28 political party, and one of whom shall be designated by the
29 Governor to be chairman. Each member shall have a reasonable
30 knowledge of harness or thoroughbred racing practices and
31 procedure and of the principles of harness or thoroughbred
32 racing and breeding and, at the time of his appointment,
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1 shall be a resident of the State of Illinois and shall have
2 resided therein for a period of at least 5 years next
3 preceding his appointment and qualification and he shall be a
4 qualified voter therein and not less than 25 years of age.
5 (Source: P.A. 84-1240.)
6 (230 ILCS 5/5) (from Ch. 8, par. 37-5)
7 Sec. 5. As soon as practicable following the effective
8 date of this amendatory Act of 1995, the Governor shall
9 appoint, with the advice and consent of the Senate, members
10 to the Board as follows: 3 members for terms expiring July 1,
11 1996; 3 members for terms expiring July 1, 1998; and 3
12 members for terms expiring July 1, 2000. Of the 2 additional
13 members appointed pursuant to this amendatory Act of the 91st
14 General Assembly, the initial term of one member shall expire
15 on July 1, 2002 and the initial term of the other member
16 shall expire on July 1, 2004. Thereafter, the terms of
17 office of the Board members shall be 6 years. Incumbent
18 members on the effective date of this amendatory Act of 1995
19 shall continue to serve only until their successors are
20 appointed and have qualified.
21 Each member of the Board shall receive $300 per day for
22 each day the Board meets and for each day the member conducts
23 a hearing pursuant to Section 16 of this Act, provided that
24 no Board member shall receive more than $5,000 in such fees
25 during any calendar year, or an amount set by the
26 Compensation Review Board, whichever is greater. Members of
27 the Board shall also be reimbursed for all actual and
28 necessary expenses and disbursements incurred in the
29 execution of their official duties.
30 (Source: P.A. 91-357, eff. 7-29-99.)
31 Section 80. The Liquor Control Act of 1934 is amended by
32 changing Sections 3-1, 3-2, 3-9, and 7-8 as follows:
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1 (235 ILCS 5/3-1) (from Ch. 43, par. 97)
2 Sec. 3-1. There is hereby created an Illinois Liquor
3 Control Commission consisting of 7 5 members to be appointed
4 by the Governor with the advice and consent of the Senate, no
5 more than 4 3 of whom shall be members of the same political
6 party.
7 (Source: P.A. 83-779.)
8 (235 ILCS 5/3-2) (from Ch. 43, par. 98)
9 Sec. 3-2. Immediately, or soon as may be after the
10 effective date of this Act, the Governor shall appoint 3
11 members of the commission, one of whom shall be designated as
12 "Chairman", one to hold office for a period of 2 years, one
13 to hold office for a period of 4 years and one to hold office
14 for a period of 6 years. Immediately, or as soon as may be
15 after the effective date of this amendatory Act of 1983, the
16 Governor shall appoint 2 members to the commission to the
17 offices created by this amendatory Act of 1983, one for an
18 initial term expiring the third Monday in January of 1986 and
19 one for an initial term expiring the third Monday in January
20 of 1988. At the expiration of the term of any such
21 commissioner the Governor shall reappoint said commissioner
22 or appoint a successor of said commissioner for a period of 6
23 years. The Governor shall have power to fill vacancies in the
24 office of any commissioner.
25 Notwithstanding any provision of this Section to the
26 contrary, the term of office of each member of the commission
27 is abolished on the effective date of this amendatory Act of
28 1985, but the incumbent members shall continue to exercise
29 all of the powers and be subject to all of the duties of
30 members of the commission until their respective successors
31 are appointed and qualified. The Governor shall appoint 2
32 members of the commission whose terms of office shall expire
33 on February 1, 1986, 2 members of the commission whose terms
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1 of office shall expire on February 1, 1988, and one member of
2 the commission whose term shall expire on February 1, 1990.
3 Their respective successors shall be appointed for terms of 6
4 years from the first day of February of the year of
5 appointment. Each member shall serve until his successor is
6 appointed and qualified.
7 The initial term of both of the 2 additional members
8 appointed pursuant to this amendatory Act of the 91st General
9 Assembly shall expire on February 1, 2006. Their respective
10 successors shall be appointed for terms of 6 years from the
11 first day of February of the year of appointment. Each
12 member shall serve until his or her successor is appointed
13 and qualified.
14 (Source: P.A. 84-115.)
15 (235 ILCS 5/3-9) (from Ch. 43, par. 105)
16 Sec. 3-9. Compensation of commissioners, secretary, and
17 employees. The chairman of the Commission shall receive an
18 annual salary of $32,000 or such greater amount as may be set
19 by the Compensation Review Board. The other commissioners
20 shall receive an annual salary of $28,000 or such greater
21 amount as may be set by the Compensation Review Board. The
22 chairman, commissioners, and secretary of the Commission
23 shall receive an annual salary as set by the Compensation
24 Review Board. All clerks, inspectors, and employees of the
25 Commission shall receive reasonable compensation in an amount
26 fixed by the Commission, subject to the approval in writing
27 of the Governor.
28 (Source: P.A. 89-250, eff. 1-1-96.)
29 (235 ILCS 5/7-8) (from Ch. 43, par. 152)
30 Sec. 7-8. For each city, village or incorporated town
31 having a population of 500,000 or more inhabitants, there is
32 established a license appeal commission consisting of the
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1 chairman of the Illinois Liquor Control Commission, the most
2 senior member of the Illinois Liquor Control Commission who
3 is not of the same political party as the chairman, and one
4 person who is a resident of the particular city, village or
5 incorporated town selected by the council or president and
6 board of trustees, as the case may be, who shall serve for a
7 term of 4 years and until his successor is selected and takes
8 office. Neither the mayor, president of the board of
9 trustees, nor any member of the council or board of trustees
10 shall be eligible for membership on a license appeal
11 commission. Each of the 2 members of the Illinois Liquor
12 Control Commission shall receive a $200 $100 per diem for
13 their work on the license appeal commission, and the other
14 member shall receive an annual salary which shall be paid by
15 the particular city, village or incorporated town. The
16 secretary of the Illinois Liquor Control Commission shall be
17 ex-officio the secretary for each license appeal commission.
18 (Source: P.A. 84-1282.)
19 (410 ILCS 425/9 rep.)
20 Section 85. The High Blood Pressure Control Act is
21 amended by repealing Section 9.
22 (410 ILCS 435/Act rep.)
23 Section 90. The Rheumatic Diseases Treatment Act is
24 repealed.
25 (415 ILCS 20/6.3 rep.)
26 Section 95. The Illinois Solid Waste Management Act is
27 amended by repealing Section 6.3.
28 Section 100. The Alternate Fuels Act is amended by
29 changing Section 20 as follows:
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1 (415 ILCS 120/20)
2 Sec. 20. Rules. Alternate Fuels Advisory Board. The
3 Governor shall appoint an Alternate Fuels Advisory Board
4 representing all alternate fuels industries designated in
5 this Act and Illinois private fleet operators. The Advisory
6 Board shall be chaired by the Director. Other members
7 appointed by the Governor shall consist of 2 representatives
8 each from the ethanol and natural gas industries, one
9 representative from the liquid petroleum industry, one
10 representative from the electric industry, one representative
11 from the heavy duty engine manufacturing industry, and one
12 representative from Illinois private fleet operators. The
13 Advisory Board shall prepare and recommend to the Agency
14 Rules implementing Section 30 of this Act shall include, but
15 are, including, but not limited to, calculation of fuel cost
16 differential rebates and designation of acceptable conversion
17 and OEM technologies.
18 Members of the Advisory Board shall not be reimbursed
19 their costs and expenses of participation. All decisions of
20 the Advisory Board shall be decided on a one vote per member
21 basis with a majority of the Advisory Board membership to
22 rule.
23 In designating acceptable conversion or OEM technologies,
24 the Advisory Board and Agency shall favor, when available,
25 technology that is in compliance with the federal Clean Air
26 Act Amendments of 1990 and applicable implementing federal
27 regulations. Conversion and OEM technologies that
28 demonstrate emission reduction capabilities that meet or
29 exceed emission standards applicable for the vehicle's model
30 year and weight class shall be acceptable. Standards
31 requiring proper installation of approved conversion
32 technologies shall be included in the recommended rules.
33 Notwithstanding the above, engines used in alternate fuel
34 vehicles greater than 8500 pounds GVWR, whether new or
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1 remanufactured, shall meet the appropriate United States
2 Environmental Protection Agency emissions standards at the
3 time of manufacture, and if converted, shall meet the
4 standards in effect at the time of conversion.
5 (Source: P.A. 89-410; 90-726, eff. 8-7-98.)
6 Section 105. The Attorney Act is amended by changing
7 Section 1 as follows:
8 (705 ILCS 205/1) (from Ch. 13, par. 1)
9 Sec. 1. No person shall be permitted to practice as an
10 attorney or counselor at law within this State without having
11 previously obtained a license for that purpose from the
12 Supreme Court of this State.
13 No person shall receive any compensation directly or
14 indirectly for any legal services other than a regularly
15 licensed attorney.
16 A license, as provided for herein, constitutes the person
17 receiving the same an attorney and counselor at law,
18 according to the law and customs thereof, for and during his
19 good behavior in the practice and authorizes him to demand
20 and receive fees for any services which he may render as an
21 attorney and counselor at law in this State. No person shall
22 be granted a license or renewal authorized by this Act who
23 has defaulted on an educational loan guaranteed by the
24 Illinois Student Assistance Commission; however, a license or
25 renewal may be issued to the aforementioned persons who have
26 established a satisfactory repayment record as determined by
27 the Illinois Student Assistance Commission. No person shall
28 be granted a license or renewal authorized by this Act who is
29 more than 30 days delinquent in complying with a child
30 support order; a license or renewal may be issued, however,
31 if the person has established a satisfactory repayment record
32 as determined (i) by the Illinois Department of Public Aid
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1 for cases being enforced under Article X of the Illinois
2 Public Aid Code or (ii) in all other cases by order of court
3 or by written agreement between the custodial parent and
4 non-custodial parent. No person shall be refused a license
5 under this Act on account of sex.
6 Any person practicing, charging or receiving fees for
7 legal services within this State, either directly or
8 indirectly, without being licensed to practice as herein
9 required, is guilty of contempt of court and shall be
10 punished accordingly, upon complaint being filed in any
11 Circuit Court of this State. Such proceedings shall be
12 conducted in the Courts of the respective counties where the
13 alleged contempt has been committed in the same manner as in
14 cases of indirect contempt and with the right of review by
15 the parties thereto.
16 The provisions of this Act shall be in addition to other
17 remedies permitted by law and shall not be construed to
18 deprive courts of this State of their inherent right to
19 punish for contempt or to restrain the unauthorized practice
20 of law.
21 Nothing in this Act shall be construed to prohibit
22 representation of a party by a person who is not an attorney
23 in a proceeding before either panel of the Illinois State
24 Labor Relations Board or the Illinois Local Labor Relations
25 Board under the Illinois Public Labor Relations Act, as now
26 or hereafter amended, the Illinois Educational Labor
27 Relations Board under the Illinois Educational Labor
28 Relations Act, as now or hereafter amended, the State Civil
29 Service Commission, the local Civil Service Commissions, or
30 the University Civil Service Merit Board, to the extent
31 allowed pursuant to rules and regulations promulgated by
32 those Boards and Commissions.
33 (Source: P.A. 89-6, eff. 3-6-95.)
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1 Section 110. The Unified Code of Corrections is amended
2 by changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows:
3 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
4 Sec. 3-3-1. Establishment and Appointment of Prisoner
5 Review Board.
6 (a) There shall be a Prisoner Review Board independent
7 of the Department of Corrections which shall be:
8 (1) the paroling authority for persons sentenced under
9 the law in effect prior to the effective date of this
10 amendatory Act of 1977;
11 (2) the board of review for cases involving the
12 revocation of good conduct credits or a suspension or
13 reduction in the rate of accumulating such credit;
14 (3) the board of review and recommendation for the
15 exercise of executive clemency by the Governor;
16 (4) the authority for establishing release dates for
17 certain prisoners sentenced under the law in existence prior
18 to the effective date of this amendatory Act of 1977, in
19 accordance with Section 3-3-2.1 of this Code;
20 (5) the authority for setting conditions for parole and
21 mandatory supervised release under Section 5-8-1(a) of this
22 Code, and determining whether a violation of those conditions
23 warrant revocation of parole or mandatory supervised release
24 or the imposition of other sanctions.
25 (b) The Board shall consist of 15 12 persons appointed
26 by the Governor by and with the advice and consent of the
27 Senate. One member of the Board shall be designated by the
28 Governor to be Chairman and shall serve as Chairman at the
29 pleasure of the Governor. The members of the Board shall have
30 had at least 5 years of actual experience in the fields of
31 penology, corrections work, law enforcement, sociology, law,
32 education, social work, medicine, psychology, other
33 behavioral sciences, or a combination thereof. At least 7 6
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1 members so appointed must have had at least 3 years
2 experience in the field of juvenile matters. No more than 8 6
3 Board members may be members of the same political party.
4 Each member of the Board shall serve on a full time basis and
5 shall not hold any other salaried public office, whether
6 elective or appointive. The Chairman of the Board shall
7 receive $35,000 a year, or an amount set by the Compensation
8 Review Board, whichever is greater, and each other member
9 $30,000, or an amount set by the Compensation Review Board,
10 whichever is greater.
11 (c) The terms of the present members of the Prisoner
12 Review Board shall expire on the effective date of this
13 amendatory Act of 1985, but the incumbent members shall
14 continue to exercise all of the powers and be subject to all
15 the duties of members of the Board until their respective
16 successors are appointed and qualified. The Governor shall
17 appoint 3 members to the Prisoner Review Board whose terms
18 shall expire on the third Monday in January 1987, 4 members
19 whose terms shall expire on the third Monday in January 1989,
20 and 3 members whose terms shall expire on the third Monday in
21 January 1991. The term of one of the members created by this
22 amendatory Act of 1986 shall expire on the third Monday in
23 January 1989 and the term of the other shall expire on the
24 third Monday in January 1991. The initial terms of the 3
25 additional members appointed pursuant to this amendatory Act
26 of the 91st General Assembly shall expire on the third Monday
27 in January 2006. Their respective successors shall be
28 appointed for terms of 6 years from the third Monday in
29 January of the year of appointment. Each member shall serve
30 until his successor is appointed and qualified. Any member
31 may be removed by the Governor for incompetence, neglect of
32 duty, malfeasance or inability to serve.
33 (d) The Chairman of the Board shall be its chief
34 executive and administrative officer.
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1 (Source: P.A. 85-1433.)
2 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
3 Sec. 3-3-2. Powers and Duties.
4 (a) The Parole and Pardon Board is abolished and the
5 term "Parole and Pardon Board" as used in any law of
6 Illinois, shall read "Prisoner Review Board." After the
7 effective date of this amendatory Act of 1977, the Prisoner
8 Review Board shall provide by rule for the orderly transition
9 of all files, records, and documents of the Parole and Pardon
10 Board and for such other steps as may be necessary to effect
11 an orderly transition and shall:
12 (1) hear by at least one member and through a panel
13 of at least 5 3 members decide, cases of prisoners who
14 were sentenced under the law in effect prior to the
15 effective date of this amendatory Act of 1977, and who
16 are eligible for parole;
17 (2) hear by at least one member and through a panel
18 of at least 5 3 members decide, the conditions of parole
19 and the time of discharge from parole, impose sanctions
20 for violations of parole, and revoke parole for those
21 sentenced under the law in effect prior to this
22 amendatory Act of 1977; provided that the decision to
23 parole and the conditions of parole for all prisoners who
24 were sentenced for first degree murder or who received a
25 minimum sentence of 20 years or more under the law in
26 effect prior to February 1, 1978 shall be determined by a
27 majority vote of the Prisoner Review Board;
28 (3) hear by at least one member and through a panel
29 of at least 5 3 members decide, the conditions of
30 mandatory supervised release and the time of discharge
31 from mandatory supervised release, impose sanctions for
32 violations of mandatory supervised release, and revoke
33 mandatory supervised release for those sentenced under
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1 the law in effect after the effective date of this
2 amendatory Act of 1977;
3 (4) hear by at least 1 member and through a panel
4 of at least 5 3 members, decide cases brought by the
5 Department of Corrections against a prisoner in the
6 custody of the Department for alleged violation of
7 Department rules with respect to good conduct credits
8 pursuant to Section 3-6-3 of this Code in which the
9 Department seeks to revoke good conduct credits, if the
10 amount of time at issue exceeds 30 days or when, during
11 any 12 month period, the cumulative amount of credit
12 revoked exceeds 30 days except where the infraction is
13 committed or discovered within 60 days of scheduled
14 release. In such cases, the Department of Corrections may
15 revoke up to 30 days of good conduct credit. The Board
16 may subsequently approve the revocation of additional
17 good conduct credit, if the Department seeks to revoke
18 good conduct credit in excess of thirty days. However,
19 the Board shall not be empowered to review the
20 Department's decision with respect to the loss of 30 days
21 of good conduct credit for any prisoner or to increase
22 any penalty beyond the length requested by the
23 Department;
24 (5) hear by at least one member and through a panel
25 of at least 5 3 members decide, the release dates for
26 certain prisoners sentenced under the law in existence
27 prior to the effective date of this amendatory Act of
28 1977, in accordance with Section 3-3-2.1 of this Code;
29 (6) hear by at least one member and through a panel
30 of at least 5 3 members decide, all requests for pardon,
31 reprieve or commutation, and make confidential
32 recommendations to the Governor;
33 (7) comply with the requirements of the Open Parole
34 Hearings Act; and
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1 (8) hear by at least one member and, through a
2 panel of at least 5 3 members, decide cases brought by
3 the Department of Corrections against a prisoner in the
4 custody of the Department for court dismissal of a
5 frivolous lawsuit pursuant to Section 3-6-3(d) of this
6 Code in which the Department seeks to revoke up to 180
7 days of good conduct credit, and if the prisoner has not
8 accumulated 180 days of good conduct credit at the time
9 of the dismissal, then all good conduct credit
10 accumulated by the prisoner shall be revoked.
11 (a-5) The Prisoner Review Board, with the cooperation of
12 and in coordination with the Department of Corrections and
13 the Department of Central Management Services, shall
14 implement a pilot project in 3 correctional institutions
15 providing for the conduct of hearings under paragraphs (1)
16 and (4) of subsection (a) of this Section through interactive
17 video conferences. The project shall be implemented within 6
18 months after the effective date of this amendatory Act of
19 1996. Within 6 months after the implementation of the pilot
20 project, the Prisoner Review Board, with the cooperation of
21 and in coordination with the Department of Corrections and
22 the Department of Central Management Services, shall report
23 to the Governor and the General Assembly regarding the use,
24 costs, effectiveness, and future viability of interactive
25 video conferences for Prisoner Review Board hearings.
26 (b) Upon recommendation of the Department the Board may
27 restore good conduct credit previously revoked.
28 (c) The Board shall cooperate with the Department in
29 promoting an effective system of parole and mandatory
30 supervised release.
31 (d) The Board shall promulgate rules for the conduct of
32 its work, and the Chairman shall file a copy of such rules
33 and any amendments thereto with the Director and with the
34 Secretary of State.
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1 (e) The Board shall keep records of all of its official
2 actions and shall make them accessible in accordance with law
3 and the rules of the Board.
4 (f) The Board or one who has allegedly violated the
5 conditions of his parole or mandatory supervised release may
6 require by subpoena the attendance and testimony of witnesses
7 and the production of documentary evidence relating to any
8 matter under investigation or hearing. The Chairman of the
9 Board may sign subpoenas which shall be served by any agent
10 or public official authorized by the Chairman of the Board,
11 or by any person lawfully authorized to serve a subpoena
12 under the laws of the State of Illinois. The attendance of
13 witnesses, and the production of documentary evidence, may be
14 required from any place in the State to a hearing location in
15 the State before the Chairman of the Board or his designated
16 agent or agents or any duly constituted Committee or
17 Subcommittee of the Board. Witnesses so summoned shall be
18 paid the same fees and mileage that are paid witnesses in the
19 circuit courts of the State, and witnesses whose depositions
20 are taken and the persons taking those depositions are each
21 entitled to the same fees as are paid for like services in
22 actions in the circuit courts of the State. Fees and mileage
23 shall be vouchered for payment when the witness is discharged
24 from further attendance.
25 In case of disobedience to a subpoena, the Board may
26 petition any circuit court of the State for an order
27 requiring the attendance and testimony of witnesses or the
28 production of documentary evidence or both. A copy of such
29 petition shall be served by personal service or by registered
30 or certified mail upon the person who has failed to obey the
31 subpoena, and such person shall be advised in writing that a
32 hearing upon the petition will be requested in a court room
33 to be designated in such notice before the judge hearing
34 motions or extraordinary remedies at a specified time, on a
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1 specified date, not less than 10 nor more than 15 days after
2 the deposit of the copy of the written notice and petition in
3 the U.S. mails addressed to the person at his last known
4 address or after the personal service of the copy of the
5 notice and petition upon such person. The court upon the
6 filing of such a petition, may order the person refusing to
7 obey the subpoena to appear at an investigation or hearing,
8 or to there produce documentary evidence, if so ordered, or
9 to give evidence relative to the subject matter of that
10 investigation or hearing. Any failure to obey such order of
11 the circuit court may be punished by that court as a contempt
12 of court.
13 Each member of the Board and any hearing officer
14 designated by the Board shall have the power to administer
15 oaths and to take the testimony of persons under oath.
16 (g) Except under subsection (a) of this Section, a
17 majority of the members then appointed to the Prisoner Review
18 Board shall constitute a quorum for the transaction of all
19 business of the Board.
20 (h) The Prisoner Review Board shall annually transmit to
21 the Director a detailed report of its work for the preceding
22 calendar year. The annual report shall also be transmitted to
23 the Governor for submission to the Legislature.
24 (Source: P.A. 89-490, eff. 1-1-97; 89-656, eff. 1-1-97;
25 90-14, eff. 7-1-97.)
26 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
27 Sec. 3-3-5. Hearing and Determination.
28 (a) The Prisoner Review Board shall meet as often as
29 need requires to consider the cases of persons eligible for
30 parole. Except as otherwise provided in paragraph (2) of
31 subsection (a) of Section 3-3-2 of this Act, the Prisoner
32 Review Board may meet and order its actions in panels of 5 3
33 or more members. The action of a majority of the panel shall
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1 be the action of the Board. In consideration of persons
2 committed to the Juvenile Division, the panel shall have at
3 least a majority of members experienced in juvenile matters.
4 (b) If the person under consideration for parole is in
5 the custody of the Department, at least one member of the
6 Board shall interview him, and a report of that interview
7 shall be available for the Board's consideration. However,
8 in the discretion of the Board, the interview need not be
9 conducted if a psychiatric examination determines that the
10 person could not meaningfully contribute to the Board's
11 consideration. The Board may in its discretion parole a
12 person who is then outside the jurisdiction on his record
13 without an interview. The Board need not hold a hearing or
14 interview a person who is paroled under paragraphs (d) or (e)
15 of this Section or released on Mandatory release under
16 Section 3-3-10.
17 (c) The Board shall not parole a person eligible for
18 parole if it determines that:
19 (1) there is a substantial risk that he will not
20 conform to reasonable conditions of parole; or
21 (2) his release at that time would deprecate the
22 seriousness of his offense or promote disrespect for the
23 law; or
24 (3) his release would have a substantially adverse
25 effect on institutional discipline.
26 (d) A person committed under the Juvenile Court Act or
27 the Juvenile Court Act of 1987 who has not been sooner
28 released shall be paroled on or before his 20th birthday to
29 begin serving a period of parole under Section 3-3-8.
30 (e) A person who has served the maximum term of
31 imprisonment imposed at the time of sentencing less time
32 credit for good behavior shall be released on parole to serve
33 a period of parole under Section 5-8-1.
34 (f) The Board shall render its decision within a
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1 reasonable time after hearing and shall state the basis
2 therefor both in the records of the Board and in written
3 notice to the person on whose application it has acted. In
4 its decision, the Board shall set the person's time for
5 parole, or if it denies parole it shall provide for a
6 rehearing not less frequently than once every year, except
7 that the Board may, after denying parole, schedule a
8 rehearing no later than 3 years from the date of the parole
9 denial, if the Board finds that it is not reasonable to
10 expect that parole would be granted at a hearing prior to the
11 scheduled rehearing date. If the Board shall parole a person,
12 and, if he is not released within 90 days from the effective
13 date of the order granting parole, the matter shall be
14 returned to the Board for review.
15 (g) The Board shall maintain a registry of decisions in
16 which parole has been granted, which shall include the name
17 and case number of the prisoner, the highest charge for which
18 the prisoner was sentenced, the length of sentence imposed,
19 the date of the sentence, the date of the parole, the basis
20 for the decision of the Board to grant parole and the vote of
21 the Board on any such decisions. The registry shall be made
22 available for public inspection and copying during business
23 hours and shall be a public record pursuant to the provisions
24 of the Freedom of Information Act.
25 (h) The Board shall promulgate rules regarding the
26 exercise of its discretion under this Section.
27 (Source: P.A. 89-428, eff. 12-13-95; 89-689, eff. 12-31-96.)
28 Section 115. The Motor Vehicle Franchise Act is amended
29 by changing Section 16 as follows:
30 (815 ILCS 710/16)
31 Sec. 16. Motor Vehicle Review Board; Appointment. The
32 Secretary of State shall, within 6 months of the effective
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1 date of this Act, establish a Motor Vehicle Review Board.
2 The Motor Vehicle Review Board shall be composed of 7 5
3 members appointed by the Secretary of State. The members
4 shall represent the public interest at large and shall not
5 have engaged in the sale, manufacture, or distribution of
6 motor vehicles at retail in this State. Each member of the
7 Board shall receive compensation as provided in the
8 regulations for performance of the duties of the office, and
9 in addition, shall be paid all travel and other necessary
10 expenses incurred while performing official duties. Terms of
11 office of the members shall be for 3 years, except that, of
12 the members first appointed to take office after the
13 effective date of this amendatory Act of 1995, 2 shall be
14 appointed for a 3-year term, and one shall be appointed for a
15 2-year term. Of the members first appointed under this
16 amendatory Act of 1996, one shall be appointed to a 3-year
17 term, and one shall be appointed to a 2-year term. Of the
18 members first appointed to take office after the effective
19 date of this amendatory Act of the 91st General Assembly, one
20 shall be appointed to a 3-year term and one shall be
21 appointed to a 2-year term. Thereafter, each member shall be
22 appointed for a 3-year term. As terms of appointment expire,
23 members shall serve until their respective successors are
24 appointed and qualified. No more than 4 members of the Board
25 may be of the same political party. No member shall serve
26 for more than 2 consecutive terms. A member who tenders a
27 written resignation shall serve only until the resignation is
28 accepted by the Chairperson. A member who fails to attend 3
29 consecutive Board meetings without an excused absence shall
30 no longer serve as a member. The Secretary of State shall
31 fill any vacancy by the appointment of a member for the
32 unexpired term of the member in the same manner as in the
33 making of original appointments. Annually, the Board shall
34 organize by selecting a Chairperson from one of the 7 5
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1 members from the public at large.
2 (Source: P.A. 89-145, eff. 7-14-95; 89-687, eff. 6-1-97.)
3 (820 ILCS 220/2a rep.)
4 Section 120. The Safety Inspection and Education Act is
5 amended by repealing Section 2a.
6 Section 125. The Departments of State Government Law of
7 the Civil Administrative Code of Illinois is amended by
8 changing Sections 5-525 and 5-565 as follows:
9 (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
10 Sec. 5-525. In the Department of Agriculture.
11 (a) (Blank). A Board of Agricultural Advisors composed
12 of 17 persons engaged in agricultural industries, including
13 representatives of the agricultural press and of the State
14 Agricultural Experiment Station.
15 (b) An Advisory Board of Livestock Commissioners to
16 consist of 25 persons. The Board shall consist of the
17 administrator of animal disease programs, the Dean of the
18 College of Agriculture of the University of Illinois, the
19 Dean of the College of Veterinary Medicine of the University
20 of Illinois, and commencing on January 1, 1990 the Deans or
21 Chairmen of the Colleges or Departments of Agriculture of
22 Illinois State University, Southern Illinois University, and
23 Western Illinois University in that order who shall each
24 serve for 1 year terms, provided that commencing on January
25 1, 1993 such terms shall be for 2 years in the same order,
26 the Director of Public Health, the Director of Natural
27 Resources, the chairman of the Agriculture, Conservation and
28 Energy Committee of the Senate, and the chairman of the
29 Committee on Agriculture of the House of Representatives, who
30 shall ex-officio be members of the Board, and 17 additional
31 persons interested in the prevention, elimination and control
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1 of diseases of domestic animals and poultry who shall be
2 appointed by the Governor to serve at the Governor's
3 pleasure. An appointed member's office becomes vacant upon
4 the member's absence from 3 consecutive meetings. Of the 17
5 additional persons, one shall be a representative of breeders
6 of beef cattle, one shall be a representative of breeders of
7 dairy cattle, one shall be a representative of breeders of
8 dual purpose cattle, one shall be a representative of
9 breeders of swine, one shall be a representative of poultry
10 breeders, one shall be a representative of sheep breeders,
11 one shall be a veterinarian licensed in this State, one shall
12 be a representative of general or diversified farming, one
13 shall be a representative of deer or elk breeders, one shall
14 be a representative of livestock auction markets, one shall
15 be a representative of cattle feeders, one shall be a
16 representative of pork producers, one shall be a
17 representative of the State licensed meat packers, one shall
18 be a representative of canine breeders, one shall be a
19 representative of equine breeders, one shall be a
20 representative of the Illinois licensed renderers, and one
21 shall be a representative of livestock dealers. The members
22 shall receive no compensation but shall be reimbursed for
23 expenses necessarily incurred in the performance of their
24 duties. In the appointment of the Advisory Board of
25 Livestock Commissioners, the Governor shall consult with
26 representative persons and recognized organizations in the
27 respective fields concerning the appointments.
28 Rules and regulations of the Department of Agriculture
29 pertaining to the prevention, elimination, and control of
30 diseases of domestic animals and poultry shall be submitted
31 to the Advisory Board of Livestock Commissioners for approval
32 at its duly called meeting. The chairman of the Board shall
33 certify the official minutes of the Board's action and shall
34 file the certified minutes with the Department of Agriculture
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1 within 30 days after the proposed rules and regulations are
2 submitted and before they are promulgated and made effective.
3 If the Board fails to take action within 30 days this
4 limitation shall not apply and the rules and regulations may
5 be promulgated and made effective. In the event it is deemed
6 desirable, the Board may hold hearings upon the rules and
7 regulations or proposed revisions. The Board members shall be
8 familiar with the Acts relating to the prevention,
9 elimination, and control of diseases among domestic animals
10 and poultry. The Department shall, upon the request of a
11 Board member, advise the Board concerning the administration
12 of the respective Acts.
13 The Director of Agriculture or his representative from
14 the Department shall act as chairman of the Board. The
15 Director shall call meetings of the Board from time to time
16 or when requested by 3 or more appointed members of the
17 Board. A quorum of appointed members must be present to
18 convene an official meeting. The chairman and ex-officio
19 members shall not be included in a quorum call. Ex-officio
20 members may be represented by a duly authorized
21 representative from their department, division, college, or
22 committee. Appointed members shall not be represented at a
23 meeting by another person. Ex-officio members and appointed
24 members shall have the right to vote on all proposed rules
25 and regulations; voting that in effect would pertain to
26 approving rules and regulations shall be taken by an oral
27 roll call. No member shall vote by proxy. The chairman
28 shall not vote except in the case of a tie vote. Any
29 ex-officio or appointed member may ask for and shall receive
30 an oral roll call on any motion before the Board. The
31 Department shall provide a clerk to take minutes of the
32 meetings and record transactions of the Board. The Board, by
33 oral roll call, may require an official court reporter to
34 record the minutes of the meetings.
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1 (Source: P.A. 91-239, eff. 1-1-00; 91-457, eff. 1-1-00;
2 revised 8-25-99.)
3 (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
4 Sec. 5-565. In the Department of Public Health.
5 (a) The General Assembly declares it to be the public
6 policy of this State that all citizens of Illinois are
7 entitled to lead healthy lives. Governmental public health
8 has a specific responsibility to ensure that a system is in
9 place to allow the public health mission to be achieved. To
10 develop a system requires certain core functions to be
11 performed by government. The State Board of Health is to
12 assume the leadership role in advising the Director in
13 meeting the following functions:
14 (1) Needs assessment.
15 (2) Statewide health objectives.
16 (3) Policy development.
17 (4) Assurance of access to necessary services.
18 There shall be a State Board of Health composed of 17
19 persons, all of whom shall be appointed by the Governor, with
20 the advice and consent of the Senate for those appointed by
21 the Governor on and after June 30, 1998, and one of whom
22 shall be a senior citizen age 60 or over. Five members shall
23 be physicians licensed to practice medicine in all its
24 branches, one representing a medical school faculty, one who
25 is board certified in preventive medicine, and 2 who are
26 engaged in private practice. One member shall be a dentist;
27 one an environmental health practitioner; one a local public
28 health administrator; one a local board of health member; one
29 a registered nurse; one a veterinarian; one a public health
30 academician; one a health care industry representative; and 4
31 shall be citizens at large.
32 In the appointment of the first Board of Health members
33 appointed after September 19, 1991 (the effective date of
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1 Public Act 87-633), the Governor shall appoint 5 members to
2 serve for terms of 5 years; 5 members to serve for terms of 2
3 years; and 5 members to serve for a term of one year. Members
4 appointed thereafter shall be appointed for terms of 3 years,
5 except that when an appointment is made to fill a vacancy,
6 the appointment shall be for the remaining term of the
7 position vacated. The initial terms for the 2 additional
8 members of the board who are citizens at large appointed
9 under Public Act 90-607 shall be for 3 years each, with these
10 positions thereafter being filled as with other members
11 appointed by the Governor. All members shall be legal
12 residents of the State of Illinois. The duties of the Board
13 shall include, but not be limited to, the following:
14 (1) To advise the Department of ways to encourage
15 public understanding and support of the Department's
16 programs.
17 (2) To evaluate all boards, councils, committees,
18 authorities, and bodies advisory to, or an adjunct of,
19 the Department of Public Health or its Director for the
20 purpose of recommending to the Director one or more of
21 the following:
22 (i) The elimination of bodies whose activities
23 are not consistent with goals and objectives of the
24 Department.
25 (ii) The consolidation of bodies whose
26 activities encompass compatible programmatic
27 subjects.
28 (iii) The restructuring of the relationship
29 between the various bodies and their integration
30 within the organizational structure of the
31 Department.
32 (iv) The establishment of new bodies deemed
33 essential to the functioning of the Department.
34 (3) To serve as an advisory group to the Director
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1 for public health emergencies and control of health
2 hazards.
3 (4) To advise the Director regarding public health
4 policy, and to make health policy recommendations
5 regarding priorities to the Governor through the
6 Director.
7 (5) To present public health issues to the Director
8 and to make recommendations for the resolution of those
9 issues.
10 (6) To recommend studies to delineate public health
11 problems.
12 (7) To make recommendations to the Governor through
13 the Director regarding the coordination of State public
14 health activities with other State and local public
15 health agencies and organizations.
16 (8) To report on or before February 1 of each year
17 on the health of the residents of Illinois to the
18 Governor, the General Assembly, and the public.
19 (9) To review the final draft of all proposed
20 administrative rules, other than emergency or preemptory
21 rules and those rules that another advisory body must
22 approve or review within a statutorily defined time
23 period, of the Department after September 19, 1991 (the
24 effective date of Public Act 87-633). The Board shall
25 review the proposed rules within 90 days of submission by
26 the Department. The Department shall take into
27 consideration any comments and recommendations of the
28 Board regarding the proposed rules prior to submission to
29 the Secretary of State for initial publication. If the
30 Department disagrees with the recommendations of the
31 Board, it shall submit a written response outlining the
32 reasons for not accepting the recommendations.
33 In the case of proposed administrative rules or
34 amendments to administrative rules regarding immunization
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1 of children against preventable communicable diseases
2 designated by the Director under the Communicable Disease
3 Prevention Act, after the Immunization Advisory Committee
4 has made its recommendations, the Board shall conduct 3
5 public hearings, geographically distributed throughout
6 the State. At the conclusion of the hearings, the State
7 Board of Health shall issue a report, including its
8 recommendations, to the Director. The Director shall
9 take into consideration any comments or recommendations
10 made by the Board based on these hearings.
11 (10) To make recommendations to the Governor
12 through the Director concerning the development and
13 periodic updating of Statewide health objectives
14 encompassing, in part, the periodically published federal
15 health objectives for the nation, which will provide the
16 basis for the policy development and assurance roles of
17 the State Health Department, and to make recommendations
18 to the Governor through the Director regarding
19 legislation and funding necessary to implement the
20 objectives.
21 (11) Upon the request of the Governor, to recommend
22 to the Governor candidates for Director of Public Health
23 when vacancies occur in the position.
24 (12) To adopt bylaws for the conduct of its own
25 business, including the authority to establish ad hoc
26 committees to address specific public health programs
27 requiring resolution.
28 Upon appointment, the Board shall elect a chairperson
29 from among its members.
30 Members of the Board shall receive compensation for their
31 services at the rate of $150 per day, not to exceed $10,000
32 per year, as designated by the Director for each day required
33 for transacting the business of the Board and shall be
34 reimbursed for necessary expenses incurred in the performance
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1 of their duties. The Board shall meet from time to time at
2 the call of the Department, at the call of the chairperson,
3 or upon the request of 3 of its members, but shall not meet
4 less than 4 times per year.
5 (b) (Blank). An Advisory Board of Cancer Control which
6 shall consist of 9 members, one of whom shall be a senior
7 citizen age 60 or over, appointed by the Governor, one of
8 whom shall be designated as chairman by a majority of the
9 members of the Board. No less than 4 members shall be
10 recognized authorities in cancer control, and at least 4
11 members shall be physicians licensed to practice medicine in
12 all of its branches in the State of Illinois. In the
13 appointment of the first board the Governor shall appoint 2
14 members to serve for terms of 1 year, 2 for terms of 2 years,
15 and 3 for terms of 3 years. The members first appointed under
16 Public Act 83-1538 shall serve for a term of 3 years. All
17 members appointed thereafter shall be appointed for terms of
18 3 years, except that when an appointment is made to fill a
19 vacancy, the appointment shall be for the remaining term of
20 the position vacant. The members of the Board shall be
21 citizens of the State of Illinois. In the appointment of the
22 Advisory Board the Governor shall invite nominations from
23 recognized medical organizations of this State. The Board is
24 authorized to receive voluntary contributions from any source
25 and to expend the contributions for the purpose of cancer
26 control as authorized by this Act, and the laws of this
27 State.
28 (c) An Advisory Board on Necropsy Service to Coroners,
29 which shall counsel and advise with the Director on the
30 administration of the Autopsy Act. The Advisory Board shall
31 consist of 11 members, including a senior citizen age 60 or
32 over, appointed by the Governor, one of whom shall be
33 designated as chairman by a majority of the members of the
34 Board. In the appointment of the first Board the Governor
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1 shall appoint 3 members to serve for terms of 1 year, 3 for
2 terms of 2 years, and 3 for terms of 3 years. The members
3 first appointed under Public Act 83-1538 shall serve for a
4 term of 3 years. All members appointed thereafter shall be
5 appointed for terms of 3 years, except that when an
6 appointment is made to fill a vacancy, the appointment shall
7 be for the remaining term of the position vacant. The members
8 of the Board shall be citizens of the State of Illinois. In
9 the appointment of members of the Advisory Board the Governor
10 shall appoint 3 members who shall be persons licensed to
11 practice medicine and surgery in the State of Illinois, at
12 least 2 of whom shall have received post-graduate training in
13 the field of pathology; 3 members who are duly elected
14 coroners in this State; and 5 members who shall have interest
15 and abilities in the field of forensic medicine but who shall
16 be neither persons licensed to practice any branch of
17 medicine in this State nor coroners. In the appointment of
18 medical and coroner members of the Board, the Governor shall
19 invite nominations from recognized medical and coroners
20 organizations in this State respectively. Board members,
21 while serving on business of the Board, shall receive actual
22 necessary travel and subsistence expenses while so serving
23 away from their places of residence.
24 (Source: P.A. 90-607, eff. 6-30-98; 91-239, eff. 1-1-00.)
25 (20 ILCS 225/Act rep.)
26 Section 135. The State Export Promotion Coordinating Act
27 is repealed.
28 (20 ILCS 505/17a-1 rep.)
29 Section 140. The Children and Family Services Act is
30 amended by repealing Section 17a-1.
31 (20 ILCS 1705/65 rep.)
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1 Section 145. The Mental Health and Developmental
2 Disabilities Administration Act is amended by repealing
3 Section 65.
4 (20 ILCS 2310/2310-300 rep.)
5 Section 150. The Department of Public Health Powers and
6 Duties Law of the Civil Administrative Code of Illinois is
7 amended by repealing Section 2310-300.
8 (20 ILCS 3937/Act rep.)
9 Section 155. The First Aid Task Force Act is repealed.
10 (20 ILCS 4035/Act rep.)
11 Section 160. The Year 2000 Technology Task Force Act is
12 repealed.
13 (70 ILCS 1705/37.2 rep.)
14 (70 ILCS 1705/37.3 rep.)
15 Section 165. The Northeastern Illinois Planning Act is
16 amended by repealing Sections 37.2 and 37.3.
17 (110 ILCS 370/2 rep.)
18 Section 170. The Police Training Institute Act is
19 amended by repealing Section 2.
20 (110 ILCS 925/4.03b rep.)
21 (110 ILCS 925/6 rep.)
22 Section 175. The Dental Student Grant Act is amended by
23 repealing Sections 4.03b and 6.
24 (210 ILCS 45/3-108a rep.)
25 Section 180. The Nursing Home Care Act is amended by
26 repealing Section 3-108a.
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1 Section 185. The Campground Licensing and Recreational
2 Area Act is amended by changing Section 21 as follows:
3 (210 ILCS 95/21) (from Ch. 111 1/2, par. 781)
4 Sec. 21. (a) After consideration of the recommendations
5 of the Campground Licensing and Recreational Area Advisory
6 Council, provided by Section 22, The Department shall
7 promulgate such rules and regulations as may be necessary for
8 the proper enforcement of this Act, to protect the health and
9 safety of the public using such recreational areas and
10 campgrounds and may, when necessary, utilize the services of
11 any other State agencies to assist in carrying out the
12 purposes of this Act. These regulations shall include, but
13 are not limited to, standards relating to water supply,
14 sewage and solid waste disposal, food service sanitation,
15 design of buildings, rodent and insect control, water and
16 swimming hazards, first aid, communicable disease control,
17 safety, cleanliness and sanitation.
18 (b) The Department may designate county and
19 multiple-county health departments or municipal boards of
20 health to make inspections relating to compliance with this
21 Act and the standards prescribed by the Department. The
22 reports and recommendations of any such agency shall be in
23 writing and shall state its findings with respect to
24 compliance or non-compliance with this Act and the
25 regulations. The Department or the designated agency shall
26 make at least 1 annual inspection of each campground and
27 inspect any recreational area when deemed necessary.
28 (Source: P.A. 84-650.)
29 (210 ILCS 95/22 rep.)
30 Section 190. The Campground Licensing and Recreational
31 Area Act is amended by repealing Section 22.
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1 Section 195. The Environmental Protection Act is amended
2 by changing Section 22.28 as follows:
3 (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
4 Sec. 22.28. White goods.
5 (a) Beginning July 1, 1994, no person shall knowingly
6 offer for collection or collect white goods for the purpose
7 of disposal by landfilling unless the white good components
8 have been removed.
9 (b) Beginning July 1, 1994, no owner or operator of a
10 landfill shall accept any white goods for final disposal,
11 except that white goods may be accepted if:
12 (1) the landfill participates in the Industrial
13 Materials Exchange Service by communicating the
14 availability of white goods;
15 (2) prior to final disposal, any white good
16 components have been removed from the white goods; and
17 (3) if white good components are removed from the
18 white goods at the landfill, a site operating plan
19 satisfying this Act has been approved under the site
20 operating permit and the conditions of such operating
21 plan are met.
22 (c) For the purposes of this Section:
23 (1) "White goods" shall include all discarded
24 refrigerators, ranges, water heaters, freezers, air
25 conditioners, humidifiers and other similar domestic and
26 commercial large appliances.
27 (2) "White good components" shall include:
28 (i) any chlorofluorocarbon refrigerant gas;
29 (ii) any electrical switch containing mercury;
30 (iii) any device that contains or may contain
31 PCBs in a closed system, such as a dielectric fluid
32 for a capacitor, ballast or other component; and
33 (iv) any fluorescent lamp that contains
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1 mercury.
2 (d) The Agency is authorized to provide financial
3 assistance to units of local government from the Solid Waste
4 Management Fund to plan for and implement programs to
5 collect, transport and manage white goods. Units of local
6 government may apply jointly for financial assistance under
7 this Section.
8 Applications for such financial assistance shall be
9 submitted to the Agency and must provide a description of:
10 (A) the area to be served by the program;
11 (B) the white goods intended to be included in
12 the program;
13 (C) the methods intended to be used for
14 collecting and receiving materials;
15 (D) the property, buildings, equipment and
16 personnel included in the program;
17 (E) the public education systems to be used as
18 part of the program;
19 (F) the safety and security systems that will
20 be used;
21 (G) the intended processing methods for each
22 white goods type;
23 (H) the intended destination for final
24 material handling location; and
25 (I) any staging sites used to handle collected
26 materials, the activities to be performed at such
27 sites and the procedures for assuring removal of
28 collected materials from such sites.
29 The application may be amended to reflect changes in
30 operating procedures, destinations for collected materials,
31 or other factors.
32 Financial assistance shall be awarded for a State fiscal
33 year, and may be renewed, upon application, if the Agency
34 approves the operation of the program.
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1 (e) All materials collected or received under a program
2 operated with financial assistance under this Section shall
3 be recycled whenever possible. Treatment or disposal of
4 collected materials are not eligible for financial assistance
5 unless the applicant shows and the Agency approves which
6 materials may be treated or disposed of under various
7 conditions.
8 Any revenue from the sale of materials collected under
9 such a program shall be retained by the unit of local
10 government and may be used only for the same purposes as the
11 financial assistance under this Section.
12 (f) The Agency is authorized to adopt rules necessary or
13 appropriate to the administration of this Section.
14 (g) (Blank). There is established a White Goods Task
15 Force. The task force shall be composed of representatives
16 of all of the following:
17 (1) White goods retailers and manufacturers.
18 (2) Local governments.
19 (3) Affected businesses and utilities.
20 (4) Businesses involved in the processing, hauling,
21 and disposing of used white goods.
22 (5) Environmental advocacy groups.
23 The Director of the Agency and the Director of the
24 Department shall appoint the members of the task force, and
25 they or their designees shall serve as co-chairs of the task
26 force. The task force shall develop and propose desired
27 statutory, regulatory, and programmatic changes necessary to
28 effectively implement the provisions of this Section. The
29 task force shall report its recommendations to the Governor
30 and General Assembly by July 1, 1993.
31 (Source: P.A. 89-619, eff. 1-1-97.)
32 (415 ILCS 5/57.14 rep.)
33 Section 200. The Environmental Protection Act is amended
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1 by repealing Section 57.14.
2 (415 ILCS 115/20 rep.)
3 Section 205. The Illinois Pollution Prevention Act is
4 amended by repealing Section 20.
5 Section 215. The Illinois Commission on Community
6 Service Act is amended by changing the Act title and Sections
7 0.01, 1, 2, 3, 4, 5.1, 6.1, and 7 as follows:
8 (20 ILCS 710/Act title)
9 An Act to create a Commission on Volunteerism and
10 Community Service and to define its powers and duties.
11 (Source: P.A. 86-1192. Title amended by P.A. 87-902; 88-597,
12 eff. 1-9-95; 89-626, eff. 8-9-96.)
13 (20 ILCS 710/0.01) (from Ch. 127, par. 3800)
14 Sec. 0.01. Short title. This Act may be cited as the
15 Illinois Commission on Volunteerism and Community Service
16 Act.
17 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
18 (20 ILCS 710/1) (from Ch. 127, par. 3801)
19 Sec. 1. Creation. There is created in the Department of
20 Human Services Commerce and Community Affairs the Illinois
21 Commission on Volunteerism and Community Service.
22 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
23 (20 ILCS 710/2) (from Ch. 127, par. 3802)
24 Sec. 2. Purpose. The purpose of the Illinois Commission
25 on Volunteerism and Community Service is to promote and
26 support community service in public and private programs to
27 meet the needs of Illinois citizens; to stimulate new
28 volunteerism and community service initiatives and
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1 partnerships; and to serve as a resource and advocate within
2 the Department of Human Services Commerce and Community
3 Affairs for community service agencies, volunteers, and
4 programs which utilize State and private volunteers.
5 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
6 (20 ILCS 710/3) (from Ch. 127, par. 3803)
7 Sec. 3. Definitions.
8 "Commission" means the Illinois Commission on
9 Volunteerism and Community Service.
10 "Director" means the Executive Director of the Illinois
11 Commission on Volunteerism and Community Service.
12 "Staff" means the Illinois Commission on Volunteerism and
13 Community Service staff.
14 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
15 (20 ILCS 710/4) (from Ch. 127, par. 3804)
16 Sec. 4. Operation. The Lieutenant Governor shall
17 appoint a Director of the Lieutenant Governor's Commission on
18 Volunteerism and Community Service who shall serve at the
19 Lieutenant Governor's pleasure and who shall receive such
20 compensation as is determined by the Lieutenant Governor.
21 The Director shall employ such staff as is necessary to carry
22 out the purpose of this Act. The Commission, working in
23 cooperation with State agencies, individuals, local groups,
24 and organizations throughout the State, may undertake
25 programs and activities which further the purposes of this
26 Act including, but not limited to, the following:
27 (a) providing technical assistance to programs
28 which depend upon volunteers;
29 (b) initiating community service programs to meet
30 previously unmet needs in Illinois;
31 (c) promoting and coordinating efforts to expand
32 and improve the statewide community service network;
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1 (d) recognizing outstanding community service
2 accomplishments;
3 (e) disseminating information to support community
4 service programs and to broaden community service
5 involvement throughout the State;
6 (f) implementing federally funded grant programs in
7 Illinois such as the National and Community Service Trust
8 Act.
9 The Commission may receive and expend funds, grants and
10 services from any source for purposes reasonable and
11 necessary to carry out a coordinated plan of community
12 service throughout the State.
13 (Source: P.A. 87-902; 88-597, eff. 1-9-95.)
14 (20 ILCS 710/5.1)
15 Sec. 5.1. Commission. The Commission is established to
16 encourage community service and volunteer participation as a
17 means of community and State problem-solving; to promote and
18 support voluntary citizen involvement in government and
19 private programs throughout the State; to develop a
20 long-term, comprehensive vision and plan of action for
21 national volunteerism and community service initiatives in
22 Illinois; and to serve as the State's liaison to national and
23 State organizations that support its mission.
24 The Commission shall consist of 15 to 25 bipartisan
25 voting members and up to 15 bipartisan nonvoting members. At
26 least 25% of the members must be from the City of Chicago.
27 The Governor shall appoint up to 25 voting members and up
28 to 15 nonvoting members. Of those initial 25 voting
29 members, 10 shall serve for 3 years, 8 shall serve for 2
30 years, and 7 shall serve for one year. Voting members
31 appointed by the Governor shall include at least one
32 representative of the following: an expert in the education,
33 training, and development needs of youth; the chairman of the
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1 City Colleges of a municipality having a population of more
2 than 2 million; labor organizations; business; the human
3 services department of a municipality with a population of
4 more than 2 million; community based organizations; the State
5 Superintendent of Education; the Superintendent of Police of
6 a municipality having a population of more than 2 million; a
7 youth between 16 and 25 years old who is a participant or
8 supervisor in a community service program; the President of a
9 County Board of a county having a population of more than 3
10 million; an expert in older adult volunteerism; the public
11 health commissioner of a municipality having a population of
12 more than 2 million; local government; and a national service
13 program. A representative of; and the federal Corporation
14 for National Service shall be appointed as a nonvoting
15 member.
16 Appointing authorities shall ensure, to the maximum
17 extent practicable, that the Commission is diverse with
18 respect to race, ethnicity, age, gender, geography, and
19 disability. Not more than 50% of the Commission appointed by
20 the Governor may be from the same political party.
21 Subsequent voting members of the Commission shall serve
22 3-year terms. Commissioners must be allowed to serve until
23 new commissioners are appointed in order to maintain the
24 federally required number of commissioners.
25 Each nonvoting member shall serve at the pleasure of the
26 Governor.
27 Members of the Commission may not serve more than 3 2
28 consecutive terms. Vacancies shall be filled in the same
29 manner as the original appointments and any member so
30 appointed shall serve during the remainder of the term for
31 which the vacancy occurred. The members shall not receive
32 any compensation but shall be reimbursed for necessary
33 expenses incurred in the performance of their duties.
34 (Source: P.A. 88-597, eff. 1-9-95.)
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1 (20 ILCS 710/6.1)
2 Sec. 6.1. Functions of Commission. The Commission shall
3 meet at least quarterly and shall advise and consult with the
4 Department of Human Services Commerce and Community Affairs
5 and the Director on all matters relating to community service
6 in Illinois. In addition, the Commission shall have the
7 following duties:
8 (a) prepare a 3-year national and community service
9 plan, developed through an open, public process and updated
10 annually;
11 (b) prepare the financial assistance applications of the
12 State under the National and Community Service Trust Fund Act
13 of 1993;
14 (c) assist in the preparation of the application by the
15 State Board of Education for assistance under that Act;
16 (d) prepare the State's application under that Act for
17 the approval of national service positions;
18 (e) assist in the provision of health care and child
19 care benefits under that Act;
20 (f) develop a State recruitment, placement, and
21 information dissemination system for participants in programs
22 that receive assistance under the national service laws;
23 (g) administer the State's grant program including
24 selection, oversight, and evaluation of grant recipients;
25 (h) make technical assistance available to enable
26 applicants to plan and implement service programs and to
27 apply for assistance under the national service laws;
28 (i) develop projects, training methods, curriculum
29 materials, and other activities related to service;
30 (j) coordinate its functions with any division of the
31 federal Corporation for National and Community Service
32 outlined in the National and Community Service Trust Fund Act
33 of 1993.
34 (k) publicize Commission Office services and promote
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1 community involvement in the activities of the Commission
2 Office;
3 (l) promote increased visibility and support for
4 volunteers of all ages, especially youth and senior citizens,
5 and community service in meeting the needs of Illinois
6 citizens; and
7 (m) represent the Department of Human Services Commerce
8 and Community Affairs on such occasions and in such manner as
9 the Department of Commerce and Community Affairs may provide.
10 (Source: P.A. 88-597; 89-84, eff. 7-1-95.)
11 (20 ILCS 710/7)
12 Sec. 7. On the effective date of this amendatory Act of
13 the 91st General Assembly 1995, the authority, powers, and
14 duties in this Act of the Lieutenant Governor are transferred
15 to the Department of Commerce and Community Affairs are
16 transferred to the Department of Human Services.
17 (Source: P.A. 89-84, eff. 7-1-95.)
18 (20 ILCS 710/10 rep.)
19 Section 220. The Illinois Commission on Community
20 Service Act is amended by repealing Section 10.
21 Section 225. The Illinois Criminal Justice Information
22 Act is amended by changing Section 4 as follows:
23 (20 ILCS 3930/4) (from Ch. 38, par. 210-4)
24 Sec. 4. Illinois Criminal Justice Information Authority;
25 creation, membership, and meetings. There is created an
26 Illinois Criminal Justice Information Authority consisting of
27 18 16 members. The membership of the Authority shall consist
28 of the Illinois Attorney General, or his or her designee, the
29 Director of the Illinois Department of Corrections, the
30 Director of the Illinois Department of State Police, the
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1 Sheriff of Cook County, the State's Attorney of Cook County,
2 the clerk of the circuit court of Cook County, the
3 Superintendent of the Chicago Police Department, the Director
4 of the Office of the State's Attorneys Appellate Prosecutor,
5 the Executive Director of the Illinois Law Enforcement
6 Training and Standards Board, and the following additional
7 members, each of whom shall be appointed by the Governor: a
8 circuit court clerk, a sheriff, and a State's Attorney of a
9 county other than Cook, a chief of police, and 5 members of
10 the general public.
11 The Governor from time to time shall designate a Chairman
12 of the Authority from the membership. All members of the
13 Authority appointed by the Governor shall serve at the
14 pleasure of the Governor for a term not to exceed 4 years.
15 The initial appointed members of the Authority shall serve
16 from January, 1983 until the third Monday in January, 1987 or
17 until their successors are appointed.
18 The Authority shall meet at least quarterly, and all
19 meetings of the Authority shall be called by the Chairman.
20 (Source: P.A. 91-483, eff. 1-1-00; revised 2-23-00.)
21 Section 230. The Sex Offender Management Board Act is
22 amended by changing Section 15 as follows:
23 (20 ILCS 4026/15)
24 Sec. 15. Sex Offender Management Board; creation;
25 duties.
26 (a) There is created the Sex Offender Management Board,
27 which shall consist of 20 members. The membership of the
28 Board shall consist of the following persons:
29 (1) Two members appointed by the Governor
30 representing the judiciary, one representing juvenile
31 court matters and one representing adult criminal court
32 matters;
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1 (2) One member appointed by the Governor
2 representing Probation Services;
3 (3) One member appointed by the Governor
4 representing the Department of Corrections;
5 (4) One member appointed by the Governor
6 representing the Department of Human Services;
7 (5) One member appointed by the Governor
8 representing the Illinois State Police;
9 (6) One member appointed by the Governor
10 representing the Department of Children and Family
11 Services;
12 (7) One member appointed by the Attorney General
13 representing the Office of the Attorney General;
14 (8) Two members appointed by the Attorney General
15 who are licensed mental health professionals with
16 documented expertise in the treatment of sex offenders;
17 (9) Two members appointed by the Attorney General
18 who are State's Attorneys or assistant State's Attorneys,
19 one representing juvenile court matters and one
20 representing felony court matters;
21 (10) One member being the Cook County State's
22 Attorney or his or her designee;
23 (11) One member being the Director of the State's
24 Attorneys Appellate Prosecutor or his or her designee;
25 (12) One member being the Cook County Public
26 Defender or his or her designee;
27 (13) Two members appointed by the Governor who are
28 representatives of law enforcement, one juvenile officer
29 and one sex crime investigator;
30 (14) Two members appointed by the Attorney General
31 who are recognized experts in the field of sexual assault
32 and who can represent sexual assault victims and victims'
33 rights organizations; and
34 (15) One member being the State Appellate Defender
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1 or his or her designee.
2 (b) The Governor and the Attorney General shall appoint
3 a presiding officer for the Board from among the board
4 members appointed under subsection (a) of this Section, which
5 presiding officer shall serve at the pleasure of the Governor
6 and the Attorney General.
7 (c) Each member of the Board shall demonstrate
8 substantial expertise and experience in the field of sexual
9 assault.
10 (d) (1) Any member of the Board created in subsection
11 (a) of this Section who is appointed under paragraphs (1)
12 through (7) of subsection (a) of this Section shall serve at
13 the pleasure of the official who appointed that member, for a
14 term of 5 years and may be reappointed. The members shall
15 serve without additional compensation.
16 (2) Any member of the Board created in subsection
17 (a) of this Section who is appointed under paragraphs (8)
18 through (14) of subsection (a) of this Section shall
19 serve for a term of 5 years and may be reappointed. The
20 members shall serve without compensation.
21 (3) The travel costs associated with membership on
22 the Board created in subsection (a) of this Section will
23 be reimbursed subject to availability of funds.
24 (e) The first meeting of this Board shall be held within
25 45 days of the effective date of this Act.
26 (f) The Board shall carry out the following duties:
27 (1) Not later than December 31, 2001 36 months
28 after the effective date of this Act, the Board shall
29 develop and prescribe separate standardized procedures
30 for the evaluation and identification of the offender and
31 recommend behavior management, monitoring, and counseling
32 based upon the knowledge that sex offenders are extremely
33 habituated and that there is no known cure for the
34 propensity to commit sex abuse. The Board shall develop
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1 and implement measures of success based upon a no-cure
2 policy for intervention. The Board shall develop and
3 implement methods of intervention for sex offenders which
4 have as a priority the physical and psychological safety
5 of victims and potential victims and which are
6 appropriate to the needs of the particular offender, so
7 long as there is no reduction of the safety of victims
8 and potential victims.
9 (2) Not later than December 31, 2001 36 months
10 after the effective date of this Act, the Board shall
11 develop separate guidelines and standards for a system of
12 programs for the counseling of both juvenile and adult
13 sex offenders which can be utilized by offenders who are
14 placed on probation, committed to the Department of
15 Corrections or Department of Human Services, or placed on
16 mandatory supervised release or parole. The programs
17 developed under this paragraph (f) shall be as flexible
18 as possible so that the programs may be utilized by each
19 offender to prevent the offender from harming victims and
20 potential victims. The programs shall be structured in
21 such a manner that the programs provide a continuing
22 monitoring process as well as a continuum of counseling
23 programs for each offender as that offender proceeds
24 through the justice system. Also, the programs shall be
25 developed in such a manner that, to the extent possible,
26 the programs may be accessed by all offenders in the
27 justice system.
28 (3) There is established the Sex Offender
29 Management Board Fund in the State Treasury into which
30 funds received from public or private sources shall be
31 deposited, and from which funds shall be appropriated to
32 the Sex Offender Management Board for planning and
33 research.
34 (4) The Board shall develop and prescribe a plan to
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1 research and analyze the effectiveness of the evaluation,
2 identification, and counseling procedures and programs
3 developed under this Act. The Board shall also develop
4 and prescribe a system for implementation of the
5 guidelines and standards developed under paragraph (2) of
6 this subsection (f) and for tracking offenders who have
7 been subjected to evaluation, identification, and
8 counseling under this Act. In addition, the Board shall
9 develop a system for monitoring offender behaviors and
10 offender adherence to prescribed behavioral changes. The
11 results of the tracking and behavioral monitoring shall
12 be a part of any analysis made under this paragraph (4).
13 (g) The Board may promulgate rules as are necessary to
14 carry out the duties of the Board.
15 (h) The Board and the individual members of the Board
16 shall be immune from any liability, whether civil or
17 criminal, for the good faith performance of the duties of the
18 Board as specified in this Section.
19 (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98;
20 91-235, eff. 7-22-99.)
21 Section 235. The Compensation Review Act is amended by
22 changing Section 4 as follows:
23 (25 ILCS 120/4) (from Ch. 63, par. 904)
24 Sec. 4. Meetings of the Board; determining compensation;
25 public hearings; reports. The Board shall meet as often as
26 may be necessary and shall determine, upon a vote requiring
27 at least 7 affirmative votes, the compensation for members of
28 the General Assembly, judges, other than the county
29 supplement, State's attorneys, other than the county
30 supplement, the elected constitutional officers of State
31 government, and certain appointed officers of State
32 government.
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1 In determining the compensation for each office, the
2 Compensation Review Board shall consider the following
3 factors:
4 (a) the skill required,
5 (b) the time required,
6 (c) the opportunity for other earned income,
7 (d) the value of public services as performed in
8 comparable states,
9 (e) the value of such services as performed in the
10 private sector in Illinois and comparable states based on the
11 responsibility and discretion required in the office,
12 (f) the average consumer prices commonly known as the
13 cost of living,
14 (g) the overall compensation presently received by the
15 public officials and all other benefits received,
16 (h) the interests and welfare of the public and the
17 financial ability of the State to meet those costs, and
18 (i) such other factors, not confined to the foregoing,
19 which are normally or traditionally taken into consideration
20 in the determination of such compensation.
21 The Board shall conduct public hearings prior to filing
22 its report.
23 At the public hearings, the Board shall allow interested
24 persons to present their views and comments. The Board may
25 prescribe reasonable rules for the conduct of public
26 hearings, to prevent undue repetition. The meetings of the
27 Board are subject to the Open Meetings Act.
28 The Board shall file an initial report with the House of
29 Representatives, the Senate, the Comptroller and the
30 Secretary of State. Subsequent reports shall be filed
31 therewith before April 1 May 1 in each even-numbered year
32 thereafter stating the annual salary for members of the
33 General Assembly, the elected State constitutional officers
34 and certain appointed State officers and compensated
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1 employees and members of certain State departments, agencies,
2 boards and commissions whose terms begin in the next calendar
3 year; the annual salary for State's attorneys; and the annual
4 salary for the Auditor General and for Supreme Court,
5 Appellate Court, Circuit Court and Associate judges. If the
6 report increases the annual salary of judges, State's
7 attorneys, and the Auditor General, such increase shall take
8 effect as soon as the time period for disapproval or
9 reduction, as provided in subsection (b) of Section 5, has
10 expired.
11 The salaries in the report or as reduced by the General
12 Assembly, other than for judges, State's attorneys, and the
13 Auditor General, shall take effect as provided by law.
14 (Source: P.A. 90-375, eff. 8-14-97.)
15 Section 240. The Nonresident College Trustees Act is
16 amended by changing Section 1 as follows:
17 (110 ILCS 60/1) (from Ch. 144, par. 7)
18 Sec. 1. (a) In all colleges, universities and other
19 institutions of learning in the State of Illinois, not placed
20 under the control of the officers of this State, whether
21 organized under any general or special law, non-residents of
22 this State shall be eligible to the office of trustee;
23 provided, that at least 3 three members of the board of
24 trustees of any such institution of learning shall be
25 residents of this State. This subsection (a) does not apply
26 to the Board of Trustees of the University of Illinois,
27 Southern Illinois University, Chicago State University,
28 Eastern Illinois University, Governors State University,
29 Illinois State University, Northeastern Illinois University,
30 Northern Illinois University, or Western Illinois University.
31 (b) : Provided further, that No institution of learning
32 in this State shall be removed from this State unless by a
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1 unanimous vote of the board of trustees.
2 (Source: P.A. 84-1308.)
3 Section 245. The University of Illinois Trustees Act is
4 amended by changing Section 1 as follows:
5 (110 ILCS 310/1) (from Ch. 144, par. 41)
6 Sec. 1. The Board of Trustees of the University of
7 Illinois shall consist of 9 trustees appointed by the
8 Governor, by and with the advice and consent of the Senate,
9 the Governor, and, until July 1, 2001, one voting student
10 member designated by the Governor from one campus of the
11 University and one nonvoting student member from each campus
12 of the University not represented by the voting student
13 member. The Governor shall designate one of the student
14 members serving on the Board on the effective date of this
15 amendatory Act of 1997 to serve as the voting student member
16 for the remainder of that student's term on the Board.
17 Beginning on July 1, 2001, and thereafter, the student
18 members of the Board shall all be nonvoting members, one
19 selected from each campus of the University.
20 Each student member shall serve a term of one year,
21 beginning on July 1 of each year or on the date of his or her
22 selection, whichever is later, and expiring on the next
23 succeeding June 30. The student members shall have all of
24 the privileges of membership, including the right to make and
25 second motions and to attend executive sessions, other than
26 the right to vote, except that until July 1, 2001 the student
27 member designated by the Governor as the voting student
28 member shall have the right to vote on all Board matters
29 except those involving faculty tenure, faculty promotion or
30 any issue on which the student member has a direct conflict
31 of interest. The method of selecting these student members
32 shall be determined by campus-wide student referendum, and
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1 any student designated by the Governor to be a voting student
2 member shall be one of the students selected by this method.
3 A student member who is not entitled to vote on a measure at
4 a meeting of the Board or any of its committees shall not be
5 considered a member for the purpose of determining whether a
6 quorum is present at the time that measure is voted upon.
7 To be eligible for selection as a student member and to be
8 eligible to remain as a voting or nonvoting student member of
9 the Board, a student member must be a resident of this State,
10 must have and maintain a grade point average that is
11 equivalent to at least 2.5 on a 4.0 scale, and must be a full
12 time student enrolled at all times during his or her term of
13 office except for that part of the term which follows the
14 completion of the last full regular semester of an academic
15 year and precedes the first full regular semester of the
16 succeeding academic year at the university (sometimes
17 commonly referred to as the summer session or summer school).
18 If a voting or nonvoting student member serving on the Board
19 fails to continue to meet or maintain the residency, minimum
20 grade point average, or enrollment requirement established by
21 this Section, his or her membership on the Board shall be
22 deemed to have terminated by operation of law.
23 The term of each elected trustee who is in office on the
24 effective date of this amendatory Act of 1995 shall terminate
25 on the second Monday in January, 1996, or when a quorum of
26 the trustees initially to be appointed under this amendatory
27 Act of 1995 is appointed and qualified, whichever last
28 occurs.
29 No more than 5 of the 9 trustees appointed by the
30 Governor shall be affiliated with the same political party.
31 Each trustee appointed by the Governor must be a resident of
32 this State. A failure to meet or maintain this residency
33 requirement constitutes a resignation from and creates a
34 vacancy in the Board. The term of office of each appointed
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1 trustee shall be 6 years from the third Monday in January of
2 each odd numbered year, except that of the 9 trustees
3 initially appointed by the Governor, 3 shall be appointed for
4 terms that commence on the date of their appointment and
5 expire on the second Monday in January, 1997; 3 shall be
6 appointed for terms that commence on the date of their
7 appointment and expire on the second Monday in January, 1999;
8 and 3 shall be appointed for terms that commence on the date
9 of their appointment and expire on the second Monday in
10 January, 2001. Upon expiration of the terms of the members
11 initially appointed by the Governor, their respective
12 successors shall be appointed for terms of 6 years from the
13 second Monday in January of each odd numbered year and until
14 their respective successors are appointed and qualified.
15 Vacancies shall be filled for the unexpired term in the
16 same manner as original appointments. If a vacancy in
17 membership occurs at a time when the Senate is not in
18 session, the Governor shall make temporary appointments until
19 the next meeting of the Senate, when he shall appoint persons
20 to fill such memberships for the remainder of their
21 respective terms. If the Senate is not in session when
22 appointments for a full term are made, appointments shall be
23 made as in the case of vacancies.
24 No action of the board shall be invalidated by reason of
25 any vacancies on the board, or by reason of any failure to
26 select student members.
27 (Source: P.A. 89-4, eff. 7-1-95 (eff. date changed from
28 1-1-96 by P.A. 89-24); 89-5, eff. 1-1-96; 90-630, eff.
29 7-24-98.)
30 Section 250. The Southern Illinois University Management
31 Act is amended by changing Section 2 as follows:
32 (110 ILCS 520/2) (from Ch. 144, par. 652)
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1 Sec. 2. The Board shall consist of 7 members appointed by
2 the Governor, by and with the advice and consent of the
3 Senate, the Superintendent of Public Instruction, or his
4 chief assistant for liaison with higher education when
5 designated to serve in his place, ex-officio, and, until July
6 1, 2001, one voting student member designated by the Governor
7 from one campus of the University and one nonvoting student
8 member from the campus of the University not represented by
9 the voting student member. The Governor shall designate one
10 of the student members serving on the Board on the effective
11 date of this amendatory Act of 1997 to serve as the voting
12 student member for the remainder of that student's term on
13 the Board. Beginning on July 1, 2001, and thereafter, the 2
14 student members of the Board shall be nonvoting members, each
15 to be selected by the respective campuses of Southern
16 Illinois University at Carbondale and Edwardsville. The
17 method of selecting these student members shall be determined
18 by campus-wide student referendum, and any student designated
19 by the Governor to be a voting student member shall be one of
20 the students selected by this method. The student members
21 shall serve terms of one year beginning on July 1 of each
22 year, except that the student members initially selected
23 shall serve a term beginning on the date of such selection
24 and expiring on the next succeeding June 30. To be eligible
25 for selection as a student member and to be eligible to
26 remain as a voting or nonvoting student member of the Board,
27 a student member must be a resident of this State, must have
28 and maintain a grade point average that is equivalent to at
29 least 2.5 on a 4.0 scale, and must be a full time student
30 enrolled at all times during his or her term of office
31 except for that part of the term which follows the completion
32 of the last full regular semester of an academic year and
33 precedes the first full regular semester of the succeeding
34 academic year at the university (sometimes commonly referred
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1 to as the summer session or summer school). If a voting or
2 nonvoting student member serving on the Board fails to
3 continue to meet or maintain the residency, minimum grade
4 point average, or enrollment requirement established by this
5 Section, his or her membership on the Board shall be deemed
6 to have terminated by operation of law. No more than 4 of the
7 members appointed by the Governor shall be affiliated with
8 the same political party. Each member appointed by the
9 Governor must be a resident of this State. A failure to meet
10 or maintain this residency requirement constitutes a
11 resignation from and creates a vacancy in the Board. Upon the
12 expiration of the terms of members appointed by the Governor,
13 their respective successors shall be appointed for terms of 6
14 years from the third Monday in January of each odd-numbered
15 year and until their respective successors are appointed for
16 like terms. If the Senate is not in session appointments
17 shall be made as in the case of vacancies.
18 (Source: P.A. 90-630, eff. 7-24-98.)
19 Section 255. The Chicago State University Law is amended
20 by changing Section 5-15 as follows:
21 (110 ILCS 660/5-15)
22 Sec. 5-15. Membership; terms; vacancies. The Board
23 shall consist of 7 voting members appointed by the Governor
24 by and with the advice and consent of the Senate, and, until
25 July 1, 2001, one voting member who is a student at Chicago
26 State University. The student member serving on the Board on
27 the effective date of this amendatory Act of 1997 shall be a
28 voting student member for the remainder of his or her term on
29 the Board. Beginning on July 1, 2001, and thereafter, the
30 student member of the Board shall be a nonvoting member. The
31 method of selecting the student member shall continue to be
32 determined by a campus-wide student referendum. The student
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1 member shall serve a term of one year beginning on July 1 of
2 each year, except that the student member initially selected
3 shall serve a term beginning on the date of his or her
4 selection and expiring on the next succeeding June 30. To be
5 eligible for selection as a student member and to be eligible
6 to remain as a student member of the Board, the student
7 member must be a resident of this State, must have and
8 maintain a grade point average that is equivalent to at least
9 2.5 on a 4.0 scale, and must be a full time student enrolled
10 at all times during his or her term of office except for that
11 part of the term which follows the completion of the last
12 full regular semester of an academic year and precedes the
13 first full regular semester of the succeeding academic year
14 at the university (sometimes commonly referred to as the
15 summer session or summer school). If a student member
16 serving on the Board fails to continue to meet or maintain
17 the residency, minimum grade point average, or enrollment
18 requirement established by this Section, his or her
19 membership on the Board shall be deemed to have terminated by
20 operation of law. Of the members first appointed by the
21 Governor, 4 shall be appointed for terms to expire on the
22 third Monday in January, 1999, and 3 shall be appointed for
23 terms to expire on the third Monday in January, 2001. If the
24 Senate is not in session on the effective date of this
25 Article, or if a vacancy in an appointive membership occurs
26 at a time when the Senate is not in session, the Governor
27 shall make temporary appointments until the next meeting of
28 the Senate when he shall nominate persons to fill such
29 memberships for the remainder of their respective terms. No
30 more than 4 of the members appointed by the Governor shall be
31 affiliated with the same political party. Each member
32 appointed by the Governor must be a resident of this State.
33 A failure to meet or maintain this residency requirement
34 constitutes a resignation from and creates a vacancy in the
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1 Board. Upon the expiration of the terms of members appointed
2 by the Governor, their respective successors shall be
3 appointed for terms of 6 years from the third Monday in
4 January of each odd-numbered year. Any members appointed to
5 the Board shall continue to serve in such capacity until
6 their successors are appointed and qualified.
7 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
8 90-814, eff. 2-4-99.)
9 Section 260. The Eastern Illinois University Law is
10 amended by changing Section 10-15 as follows:
11 (110 ILCS 665/10-15)
12 Sec. 10-15. Membership; terms; vacancies. The Board
13 shall consist of 7 voting members appointed by the Governor
14 by and with the advice and consent of the Senate, and, until
15 July 1, 2001, one voting member who is a student at Eastern
16 Illinois University. The student member serving on the Board
17 on the effective date of this amendatory Act of 1997 shall be
18 a voting student member for the remainder of his or her term
19 on the Board. Beginning on July 1, 2001, and thereafter, the
20 student member of the Board shall be a nonvoting member. The
21 method of selecting the student member shall continue to be
22 determined by a campus-wide student referendum. The student
23 member shall serve a term of one year beginning on July 1 of
24 each year, except that the student member initially selected
25 shall serve a term beginning on the date of his or her
26 selection and expiring on the next succeeding June 30. To be
27 eligible for selection as a student member and to be eligible
28 to remain as a student member of the Board, the student
29 member must be a resident of this State, must have and
30 maintain a grade point average that is equivalent to at least
31 2.5 on a 4.0 scale, and must be a full time student enrolled
32 at all times during his or her term of office except for that
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1 part of the term which follows the completion of the last
2 full regular semester of an academic year and precedes the
3 first full regular semester of the succeeding academic year
4 at the university (sometimes commonly referred to as the
5 summer session or summer school). If a student member
6 serving on the Board fails to continue to meet or maintain
7 the residency, minimum grade point average, or enrollment
8 requirement established by this Section, his or her
9 membership on the Board shall be deemed to have terminated by
10 operation of law. Of the members first appointed by the
11 Governor, 4 shall be appointed for terms to expire on the
12 third Monday in January, 1999, and 3 shall be appointed for
13 terms to expire on the third Monday in January, 2001. If the
14 Senate is not in session on the effective date of this
15 Article, or if a vacancy in an appointive membership occurs
16 at a time when the Senate is not in session, the Governor
17 shall make temporary appointments until the next meeting of
18 the Senate when he shall nominate persons to fill such
19 memberships for the remainder of their respective terms. No
20 more than 4 of the members appointed by the Governor shall be
21 affiliated with the same political party. Each member
22 appointed by the Governor must be a resident of this State.
23 A failure to meet or maintain this residency requirement
24 constitutes a resignation from and creates a vacancy in the
25 Board. Upon the expiration of the terms of members appointed
26 by the Governor, their respective successors shall be
27 appointed for terms of 6 years from the third Monday in
28 January of each odd-numbered year. Any members appointed to
29 the Board shall continue to serve in such capacity until
30 their successors are appointed and qualified.
31 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
32 90-814, eff. 2-4-99.)
33 Section 265. The Governors State University Law is
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1 amended by changing Section 15-15 as follows:
2 (110 ILCS 670/15-15)
3 Sec. 15-15. Membership; terms; vacancies. The Board
4 shall consist of 7 voting members appointed by the Governor
5 by and with the advice and consent of the Senate, and, until
6 July 1, 2001, one voting member who is a student at Governors
7 State University. The student member serving on the Board on
8 the effective date of this amendatory Act of 1997 shall be a
9 voting student member for the remainder of his or her term on
10 the Board. Beginning on July 1, 2001, and thereafter, the
11 student member of the Board shall be a nonvoting member. The
12 method of selecting the student member shall continue to be
13 determined by a campus-wide student referendum. The student
14 member shall serve a term of one year beginning on July 1 of
15 each year, except that the student member initially selected
16 shall serve a term beginning on the date of his or her
17 selection and expiring on the next succeeding June 30. To be
18 eligible for selection as a student member and to be eligible
19 to remain as a student member of the Board, the student
20 member must be a resident of this State, must have and
21 maintain a grade point average that is equivalent to at least
22 2.5 on a 4.0 scale, and must be a full time student enrolled
23 at all times during his or her term of office except for that
24 part of the term which follows the completion of the last
25 full regular semester of an academic year and precedes the
26 first full regular semester of the succeeding academic year
27 at the university (sometimes commonly referred to as the
28 spring/summer semester). If a student member serving on the
29 Board fails to continue to meet or maintain the residency,
30 minimum grade point average, or enrollment requirement
31 established by this Section, his or her membership on the
32 Board shall be deemed to have terminated by operation of law.
33 Of the members first appointed by the Governor, 4 shall be
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1 appointed for terms to expire on the third Monday in January,
2 1999, and 3 shall be appointed for terms to expire on the
3 third Monday in January, 2001. If the Senate is not in
4 session on the effective date of this Article, or if a
5 vacancy in an appointive membership occurs at a time when the
6 Senate is not in session, the Governor shall make temporary
7 appointments until the next meeting of the Senate when he
8 shall nominate persons to fill such memberships for the
9 remainder of their respective terms. No more than 4 of the
10 members appointed by the Governor shall be affiliated with
11 the same political party. Each member appointed by the
12 Governor must be a resident of this State. A failure to meet
13 or maintain this residency requirement constitutes a
14 resignation from and creates a vacancy in the Board. Upon the
15 expiration of the terms of members appointed by the Governor,
16 their respective successors shall be appointed for terms of 6
17 years from the third Monday in January of each odd-numbered
18 year. Any members appointed to the Board shall continue to
19 serve in such capacity until their successors are appointed
20 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 270. The Illinois State University Law is
24 amended by changing Section 20-15 as follows:
25 (110 ILCS 675/20-15)
26 Sec. 20-15. Membership; terms; vacancies. The Board
27 shall consist of 7 voting members appointed by the Governor
28 by and with the advice and consent of the Senate, and, until
29 July 1, 2001, one voting member who is a student at Illinois
30 State University. The student member serving on the Board on
31 the effective date of this amendatory Act of 1997 shall be a
32 voting student member for the remainder of his or her term on
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1 the Board. Beginning on July 1, 2001, and thereafter, the
2 student member of the Board shall be a nonvoting member. The
3 method of selecting the student member shall continue to be
4 determined by a campus-wide student referendum. The student
5 member shall serve a term of one year beginning on July 1 of
6 each year, except that the student member initially selected
7 shall serve a term beginning on the date of his or her
8 selection and expiring on the next succeeding June 30. To be
9 eligible to remain as a student member of the Board, the
10 student member must be a resident of this State, must have
11 and maintain a grade point average that is equivalent to at
12 least 2.5 on a 4.0 scale, and must be a full time student
13 enrolled at all times during his or her term of office except
14 for that part of the term which follows the completion of the
15 last full regular semester of an academic year and precedes
16 the first full regular semester of the succeeding academic
17 year at the university (sometimes commonly referred to as the
18 summer session or summer school). If a student member
19 serving on the Board fails to continue to meet or maintain
20 the residency, minimum grade point average, or enrollment
21 requirement established by this Section, his or her
22 membership on the Board shall be deemed to have terminated by
23 operation of law. Of the members first appointed by the
24 Governor, 4 shall be appointed for terms to expire on the
25 third Monday in January, 1999, and 3 shall be appointed for
26 terms to expire on the third Monday in January, 2001. If the
27 Senate is not in session on the effective date of this
28 Article, or if a vacancy in an appointive membership occurs
29 at a time when the Senate is not in session, the Governor
30 shall make temporary appointments until the next meeting of
31 the Senate when he shall nominate persons to fill such
32 memberships for the remainder of their respective terms. No
33 more than 4 of the members appointed by the Governor shall be
34 affiliated with the same political party. Each member
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1 appointed by the Governor must be a resident of this State.
2 A failure to meet or maintain this residency requirement
3 constitutes a resignation from and creates a vacancy in the
4 Board. Upon the expiration of the terms of members appointed
5 by the Governor, their respective successors shall be
6 appointed for terms of 6 years from the third Monday in
7 January of each odd-numbered year. Any members appointed to
8 the Board shall continue to serve in such capacity until
9 their successors are appointed and qualified.
10 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
11 90-814, eff. 2-4-99.)
12 Section 275. The Northeastern Illinois University Law is
13 amended by changing Section 25-15 as follows:
14 (110 ILCS 680/25-15)
15 Sec. 25-15. Membership; terms; vacancies. The Board
16 shall consist of 9 voting members who are residents of this
17 State and are appointed by the Governor by and with the
18 advice and consent of the Senate, and, until July 1, 2001,
19 one voting member who is a student at Northeastern Illinois
20 University. The student member serving on the Board on the
21 effective date of this amendatory Act of 1997 shall be a
22 voting student member for the remainder of his or her term on
23 the Board. Beginning on July 1, 2001, and thereafter, the
24 student member of the Board shall be a nonvoting member.
25 Beginning with the 1999-2000 academic year, the student
26 member shall be elected by a campus-wide referendum of all
27 students of the University. The student member shall serve a
28 term of one year beginning on July 1 of each year, except
29 that the student member initially selected under this
30 amendatory Act of the 91st General Assembly shall serve a
31 term beginning on the date of his or her selection and
32 expiring on the next succeeding June 30. To be eligible to
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1 remain as a student member of the Board, the student member
2 must be a resident of this State, must have and maintain a
3 grade point average that is equivalent to at least 2.5 on a
4 4.0 scale, and must be a full time undergraduate student
5 enrolled at all times during his or her term of office except
6 for that part of the term which follows the completion of the
7 last full regular semester of an academic year and precedes
8 the first full regular semester of the succeeding academic
9 year at the university (sometimes commonly referred to as the
10 summer session or summer school). If a student member
11 serving on the Board fails to continue to meet or maintain
12 the residency, minimum grade point average, or enrollment
13 requirement established by this Section, his or her
14 membership on the Board shall be deemed to have terminated by
15 operation of law. If any member of the Board appointed by the
16 Governor fails to continue to meet or maintain the residency
17 requirement established by this Section, he or she shall
18 resign membership on the Board within 30 days thereafter and,
19 failing submission of this resignation, his or her membership
20 on the Board shall be deemed to have terminated by operation
21 of law. Of the members first appointed by the Governor, 4
22 shall be appointed for terms to expire on the third Monday in
23 January, 1999 and until their successors are appointed and
24 qualified, and 3 shall be appointed for terms to expire on
25 the third Monday in January, 2001 and until their successors
26 are appointed and qualified. The 2 additional members
27 appointed by the Governor, by and with the advice and consent
28 of the Senate, under this amendatory Act of the 91st General
29 Assembly, shall not be from the same political party and
30 shall be appointed for terms to expire on the third Monday in
31 January, 2003 and until their successors are appointed and
32 qualified. Any vacancy in membership existing on January 1,
33 1999 shall be filled by appointment by the Governor, with the
34 advice and consent of the Senate, for a term to expire on the
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1 third Monday in January, 2003. If the Senate is not in
2 session on the effective date of this Article, or if a
3 vacancy in an appointive membership occurs at a time when the
4 Senate is not in session, the Governor shall make temporary
5 appointments to fill the vacancy. Members with these
6 temporary appointments shall be deemed qualified to serve
7 upon appointment and shall continue to serve until the next
8 meeting of the Senate when the Governor shall appoint persons
9 to fill such memberships, by and with the advice and consent
10 of the Senate, for the remainder of their respective terms.
11 No more than 5 of the members appointed by the Governor shall
12 be affiliated with the same political party. Each member
13 appointed by the Governor must be a resident of this State.
14 A failure to meet or maintain this residency requirement
15 constitutes a resignation from and creates a vacancy in the
16 Board. Upon the expiration of the terms of members appointed
17 by the Governor for other than temporary appointments, their
18 respective successors shall be appointed, by and with the
19 advice and consent of the Senate, for terms of 6 years from
20 the third Monday in January of each odd-numbered year. Any
21 members appointed to the Board shall continue to serve in
22 such capacity until their successors are appointed and
23 qualified.
24 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
25 91-565, 8-14-99.)
26 Section 280. The Northern Illinois University Law is
27 amended by changing Section 30-15 as follows:
28 (110 ILCS 685/30-15)
29 Sec. 30-15. 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 Northern
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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, the
5 student member of the Board shall be a nonvoting member. The
6 method of selecting the student member shall continue to be
7 determined by a campus-wide student referendum. The student
8 member shall serve a term of one year beginning on July 1 of
9 each year, except that the student member initially selected
10 shall serve a term beginning on the date of his or her
11 selection and expiring on the next succeeding June 30. To be
12 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
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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 285. The Western Illinois University Law is
16 amended by changing Section 35-15 as follows:
17 (110 ILCS 690/35-15)
18 Sec. 35-15. Membership; terms; vacancies. The Board
19 shall consist of 7 voting members appointed by the Governor
20 by and with the advice and consent of the Senate, and, until
21 July 1, 2001, one voting member who is a student at Western
22 Illinois University. The student member serving on the Board
23 on the effective date of this amendatory Act of 1997 shall be
24 a voting student member for the remainder of his or her term
25 on the Board. Beginning on July 1, 2001, and thereafter,
26 the student member of the Board shall be a nonvoting member.
27 The method of selecting the student member shall continue to
28 be determined by a campus-wide student referendum. The
29 student member shall serve a term of one year beginning on
30 July 1 of each year, except that the student member initially
31 selected shall serve a term beginning on the date of his or
32 her selection and expiring on the next succeeding June 30. To
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1 be eligible to remain as a student member of the Board, the
2 student member must be a resident of this State, must have
3 and maintain a grade point average that is equivalent to at
4 least 2.5 on a 4.0 scale, and must be a full time student
5 enrolled at all times during his or her term of office except
6 for that part of the term which follows the completion of the
7 last full regular semester of an academic year and precedes
8 the first full regular semester of the succeeding academic
9 year at the university (sometimes commonly referred to as the
10 summer session or summer school). If a student member
11 serving on the Board fails to continue to meet or maintain
12 the residency, minimum grade point average, or enrollment
13 requirement established by this Section, his or her
14 membership on the Board shall be deemed to have terminated by
15 operation of law. Of the members first appointed by the
16 Governor, 4 shall be appointed for terms to expire on the
17 third Monday in January, 1999, and 3 shall be appointed for
18 terms to expire on the third Monday in January, 2001. If the
19 Senate is not in session on the effective date of this
20 Article, or if a vacancy in an appointive membership occurs
21 at a time when the Senate is not in session, the Governor
22 shall make temporary appointments until the next meeting of
23 the Senate when he shall nominate persons to fill such
24 memberships for the remainder of their respective terms. No
25 more than 4 of the members appointed by the Governor shall be
26 affiliated with the same political party. Each member
27 appointed by the Governor must be a resident of this State.
28 A failure to meet or maintain this residency requirement
29 constitutes a resignation from and creates a vacancy in the
30 Board. Upon the expiration of the terms of members appointed
31 by the Governor, their respective successors shall be
32 appointed for terms of 6 years from the third Monday in
33 January of each odd-numbered year. Any members appointed to
34 the Board shall continue to serve in such capacity until
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1 their successors are appointed and qualified.
2 (Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
3 90-814, eff. 2-4-99.)
4 Section 290. The Departments of State Government Law of
5 the Civil Administrative Code of Illinois is amended by
6 changing Section 5-405 as follows:
7 (20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
8 Sec. 5-405. In the Department of Revenue. The Director
9 of Revenue shall receive an annual salary as set by the
10 Governor from time to time or as set by the Compensation
11 Review Board, whichever is greater.
12 The Assistant Director of Revenue shall receive an annual
13 salary as set by the Governor from time to time or as set by
14 the Compensation Review Board, whichever is greater.
15 Beginning July 1, 1990, the annual salary of the Taxpayer
16 Ombudsman shall be the greater of an amount set by the
17 Compensation Review Board or $69,000, adjusted each July 1
18 thereafter by a percentage increase equivalent to that of the
19 "Employment Cost Index, Wages and Salaries, By Occupation and
20 Industry Groups: State and Local Government Workers: Public
21 Administration" as published by the Bureau of Labor
22 Statistics of the U.S. Department of Labor for the calendar
23 year immediately preceding the year of the respective July
24 1st increase date, the increase to be no less than zero nor
25 greater than 5% and to be added to the then current annual
26 salary.
27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
28 revised 8-1-99.)
29 Section 295. The Personnel Code is amended by changing
30 Section 7d as follows:
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1 (20 ILCS 415/7d) (from Ch. 127, par. 63b107d)
2 Sec. 7d. Compensation. The chairman shall be paid an
3 annual salary of $8,200 from the third Monday in January,
4 1979 to the third Monday in January, 1980; $8,700 from the
5 third Monday in January, 1980 to the third Monday in January,
6 1981; $9,300 from the third Monday in January, 1981 to the
7 third Monday in January 1982;, and $10,000 from the third
8 Monday in January, 1982 to the effective date of this
9 amendatory Act of the 91st General Assembly; and $25,000
10 thereafter, or as set by the Compensation Review Board,
11 whichever is greater. Other members of the Commission shall
12 each be paid an annual salary of $5,500 from the third Monday
13 in January, 1979 to the third Monday in January, 1980; $6,000
14 from the third Monday in January, 1980 to the third Monday in
15 January, 1981; $6,500 from the third Monday in January, 1981
16 to the third Monday in January, 1982;, and $7,500 from the
17 third Monday in January, 1982 to the effective date of this
18 amendatory Act of the 91st General Assembly; and $20,000
19 thereafter, or as set by the Compensation Review Board,
20 whichever is greater. They shall be entitled to reimbursement
21 for necessary traveling and other official expenditures
22 necessitated by their official duties.
23 (Source: P.A. 83-1177.)
24 Section 300. The State Fire Marshal Act is amended by
25 changing Section 1 as follows:
26 (20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
27 Sec. 1. There is hereby created the Office of the State
28 Fire Marshal, hereinafter referred to as the Office.
29 The Office shall be under an executive director who shall
30 be appointed by the Governor with the advice and consent of
31 the Senate.
32 The executive director of the Office shall be known as
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1 the State Fire Marshal and shall receive an annual salary as
2 set by the Governor from time to time $70,197 per year, or as
3 an amount set by the Compensation Review Board, whichever is
4 greater. If set by the Governor, the annual salary may not
5 exceed 85% of the annual salary of the Governor.
6 The Office of the State Fire Marshal shall have a
7 Division of Fire Prevention which shall assume the duties of
8 the Division of Fire Prevention, Department of Law
9 Enforcement, and a Division of Personnel Standards and
10 Education which shall assume the duties of Illinois Fire
11 Protection Personnel Standards and Education Commission.
12 Each Division shall be headed by a deputy State Fire Marshal.
13 The deputy State Fire Marshals shall be employed by the Fire
14 Marshal, subject to the Personnel Code, and shall be
15 responsible to the Fire Marshal.
16 (Source: P.A. 89-703, eff. 1-17-97.)
17 (220 ILCS 5/Art. XI rep.)
18 Section 305. The Public Utilities Act is amended by
19 repealing Article XI.
20 Section 999. Effective date. This Act takes effect 30
21 days after becoming law.
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