HB4668 93RD GENERAL ASSEMBLY

LRB093 19171 RAS 44906 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4668

Introduced 02/04/04, by Wyvetter H. Younge

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 5/5-15	was 20 ILCS 5/3
20 ILCS 5/5-20	was 20 ILCS 5/4
20 ILCS 5/5-425 new
20 ILCS 2605/2605-345 new

Creates the Illinois Africa-America Peace Brigade Act. Provides that qualified citizens of the State may be enrolled in the Illinois Africa-America Peace Brigade for service in African nations and in urban inner-city schools in this State. Sets the terms and conditions of the volunteers' service. Allows the Director of the Illinois Africa-America Peace Brigade to provide training to volunteers and applicants for enrollment as volunteers. Requires the approval of the United States' Secretary of State for the programs and activities of the Peace Brigade in foreign nations. Creates the Illinois Africa-America Peace Brigade Advisory Council. Provides for the appointment of members to the Council by the Governor with the advice and consent of the Senate. Provides that the Council shall review the programs and activities of the Peace Brigade and shall make recommendations to the Governor and the Director. Requires the Governor to report to the General Assembly on the programs and activities of the Peace Brigade. Contains other provisions. Amends the Civil Administrative Code of Illinois to create the Illinois Africa-America Peace Brigade. Amends the Department of State Police Law of the Civil Administrative Code of Illinois to allow the Department of State Police to conduct background checks of applicants for enrollment as volunteers in the Illinois Africa-America Peace Brigade.

A BILL FOR

AN ACT to create the Illinois Africa-America Peace Brigade.

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

Section 1. Short title. This Act may be cited as the Illinois Africa-America Peace Brigade Act.

Section 5. Legislative declaration.

(a) The General Assembly declares that it is the policy of this State to promote peace and friendship with African nations through the Illinois Africa-America Peace Brigade. The Peace Brigade shall make available to interested African nations men and women of this State qualified for service abroad and willing to serve under conditions of hardship if necessary. A purpose of the Peace Brigade is to help the peoples of African nations in meeting their needs for trained manpower, particularly in meeting the basic needs of those living in the poorest areas of those countries, and to help promote a better understanding of the citizens of this State on the part of the peoples served and a better understanding of other peoples on the part of the citizens of this State.

(b) The General Assembly declares that it is the policy of this State to promote the success of the descendants of persons from Africa who reside in this State. In order to meet this goal, the General Assembly finds that it is necessary to provide emergency resources, especially human resources, to the failing schools in the urban inner-city areas of this State. A purpose of the Peace Brigade is to provide those failing schools with their need for trained manpower in meeting the basic and remedial educational needs of African-American students.

Section 10. Definitions.

"Agency of the United States government" means any department, board, wholly or partially owned corporation, or other instrumentality, commission, or establishment of the United States.

"Council" means the Illinois Africa-America Peace Brigade Advisory Council created by this Act.

"Director" means the Director of the Illinois Africa-America Peace Brigade.

"Peace Brigade" means the Illinois Africa-America Peace Brigade created by this Act.

"Secretary of State" means the Secretary of State of the United States.

"Volunteer", unless the context otherwise requires, includes volunteer leaders and applicants for enrollment as volunteers.

Section 15. Illinois Africa-America Peace Brigade; director and deputy director; rules.

(a) There is created the Illinois Africa-America Peace Brigade. The Peace Brigade shall be under the direction of a Director and a Deputy Director appointed by the Governor with the advice and consent of the Senate.

(b) The Director may adopt any rules necessary to carry out the purposes of this Act and to perform any of the duties of the Peace Brigade.

Section 20. Powers and duties.

(a) The Peace Brigade may enter into, perform, and modify contracts and agreements with and may otherwise cooperate with any agency of the United States government, any state, any State agency, or any educational institutions, voluntary agencies, farm organizations, labor unions, or other organizations, persons, or firms.

(b) The Director may, with the approval of the Secretary of State, assign volunteers to temporary duty with international organizations and agencies.

(c) The Director may assign volunteers to duty or make them available to any entity referred to in subsection (a) of this Section in order to assist those entities in providing development or other assistance to African nations.

(d) In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process, the Peace Brigade shall, whenever possible, give particular attention to programs and activities that integrate women into the economies of African nations.

(e) In recognition of the fact that 95% of the disabled people in the world are among the poorest of the poor, the Peace Brigade shall, whenever possible, give particular attention to programs and activities that integrate disabled people into the economies of African nations.

(f) The Director may, in cooperation with the State Board of Education and the State Superintendent of Education, assign volunteers to duty in urban inner-city schools in this State.

Section 25. Approval by the Secretary of State.

(a) Nothing in this Act shall be construed to infringe upon the powers or functions of the Secretary of State. In carrying out the purposes of this Act, the Director must seek the approval of the Secretary of State for any programs or activities of the Peace Brigade in foreign nations.

(b) Except with the approval of the Secretary of State, the Peace Brigade may not be assigned to perform services in foreign nations that could more usefully be performed by an agency of the United States government.

Section 30. Employees, experts, and consultants. The Peace Brigade may employ any personnel, in accordance with the Personnel Code, that may be necessary to carry out the purposes of this Act. The Peace Brigade may enter into contracts with any experts and consultants that it deems necessary to carry out the purposes of this Act.

Section 35. Volunteers.

(a) The Director may enroll in the Peace Brigade for service in African nations and in urban inner-city schools in this State qualified citizens of this State without regard to race, gender, creed, or color. No political test or qualification may be used in selecting any person for enrollment as a volunteer. No person may be assigned to duty as a volunteer in any foreign country unless at the time of the assignment he or she possess a reasonable proficiency in speaking the language of the country to which he or she will be assigned. The Director may, by rule, prescribe any other qualifications for volunteers.

(b) The terms and conditions of service of volunteers are those set forth in this Act and as the Director prescribes. The service of any volunteer may be terminated at the pleasure of the Director. Upon enrollment, every volunteer shall take an oath of office.

(c) Subject to appropriations, volunteers may be provided with any living, travel, and leave allowances and any housing, transportation, supplies, equipment, subsistence, and clothing that the Director determines is necessary for their maintenance and to insure their health and their capacity to serve effectively. Transportation and travel allowances may also be provided, as the Director determines, for applicants for enrollment as volunteers to or from places of training and places of enrollment and for former volunteers from places of service to their homes.

(d) Subject to appropriations, volunteers who serve in a foreign country may receive a readjustment allowance, in an amount determined by the Director, for each month of satisfactory service. The readjustment allowance of each volunteer is payable on his or her return to the United States. Under circumstances that the Director determines, however, the readjustment allowance, or any part thereof, may be paid to the volunteer or members of his or her family during the period of his or her service or before his or her return to the United States. In the event of a volunteer's death during the period of service, the readjustment allowance shall be paid to his or her family.

(e) Subject to appropriation, volunteers, applicants for enrollment as volunteers, and former volunteers may receive any health examinations, immunizations, or health and dental care that the Director deems necessary or appropriate.

(f) In order to assure that the skills and experience of former volunteers are fully used, the Director may, in cooperation with agencies of the United States government, State agencies, private employers, educational institutions, and other entities, counsel volunteers with respect to opportunities for further education and employment.

(g) Notwithstanding any other provision of law, attorneys may be employed and attorneys' fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in foreign judicial or administrative proceedings to which volunteers have been made parties.

(h) Subject to appropriation, the minor children of a volunteer that are living with the volunteer may receive:

(1) any living, travel, education, and leave allowances and any housing, transportation, subsistence, and clothing that the Director determines;

(2) any health care, including health care following the volunteer's service for an illness or injury incurred during the period of service, that the Director determines;

(3) any orientation, language, and other training that the Director determines; and

(4) the benefits of subsection (g) of this Section on the same basis of volunteers.

(i) Subject to appropriations, the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of a volunteer who has one or more minor children at the time of his or her entering pre-enrollment training may be paid from the date of his or her departure from his or her place of residence to enter training until no later than 3 months after his or her service is terminated.

Section 40. Volunteer leaders. The Director may enroll as volunteer leaders in the Peace Brigade qualified citizens of this State whose services are required for supervisory or other special duties or responsibilities in connection with programs or activities under this Act. The ratio of the total number of volunteer leaders in service at any one time may not exceed one to 25. Volunteer leaders are entitled to the same benefits as volunteers.

Section 45. Training programs. The Director shall make provision for any training that he or she deems appropriate for each applicant for enrollment as a volunteer and each enrolled volunteer. All of the provisions of this Act that apply to volunteers apply to applicants for enrollment during any period of training occurring before enrollment.

Section 50. Applications; background check; enrollment.

(a) Applicants for enrollment as volunteers must submit any information, including fingerprints taken by a law enforcement officer, that the Director requires on a form furnished by the Director. The Director shall provide any information necessary for a background check to the Department of State Police. The Director may request that the Secretary of State conduct a security investigation of an applicant for enrollment for service in a foreign nation.

(b) If the Director is satisfied that an applicant meets the qualifications for a volunteer and after the applicant completes any pre-enrollment training that the Director requires, the applicant may be enrolled as a volunteer.

Section 55. Illinois Africa-America Peace Brigade Advisory Council.

(a) The Illinois Africa-America Peace Brigade Advisory Council is created. The Council consists of 15 members appointed by the Governor, with the advice and consent of the Senate. Members of the Council shall be broadly representative of the general public, including educational institutions; private volunteer agencies; private industry; farm organizations; labor unions; different regions of the State; different educational, economic, racial, and national backgrounds; different age groupings; and both genders. No member of the Council may be a State employee.

(b) The first appointments of members of the Council shall be made not more than 60 days after the effective date of this Act. Of the members initially appointed under this Section, 8 shall be appointed to one-year terms and 7 shall be appointed to 2-year terms. Thereafter, all members shall serve 2-year terms. No member may serve for more than 2 consecutive 2-year terms.

Members of the Council serve at the pleasure of the Governor. A member of the Council may be removed by a vote of 9 members for malfeasance in office, for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude.

Within 30 days after any vacancy occurs in the office of a member of the Council, the Governor shall nominate an individual to fill the vacancy. A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term.

(c) Subject to appropriation, members of the Council may be compensated for each day (including travel time) during which the member is engaged in the actual performance of his or her duties as a Council member. Members may not receive compensation for more than 20 days in any calendar year.

(d) A member of the Council must disclose to the Council the existence of any direct or indirect financial interest in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that matter.

(e) At its first meeting and at its first regular meeting in each calendar year thereafter, the Council must elect a chair and a vice-chair from its members. The chair and vice-chair may not be members of the same political party.

(f) The Council must hold a regular meeting during each calendar year and shall meet at the call of the Governor, the Director, the chair, or 1/4 of its members. The Council shall adopt any by-laws and rules that it considers necessary to carry out its functions. The by-laws and rules must include procedures for fixing the time and place of meetings, giving or waiving notice of meetings, and keeping minutes of meetings. A majority of the members of the Council constitute a quorum for the purposes of transacting any business.

(g) The Council shall evaluate the accomplishments of the Peace Brigade, assess the potential capabilities and the future role of the Peace Brigade, and make recommendations to the Governor, the Director, and, as the Council considers appropriate, the General Assembly for the purpose of guiding the future direction of the Peace Brigade and of helping to ensure that the purposes and programs of the Peace Brigade are carried out in ways that are economical, efficient, responsive to changing needs, and in accordance with the law. The Council may also make any other evaluations, assessments, and recommendations it considers appropriate.

Subject to appropriation, the Council may conduct on-site inspections and make examinations of the activities of the Peace Brigade in other countries.

(h) Not later than January 1 of each year, the Council must submit to the Governor and the Director a report on its views on the programs and activities of the Peace Brigade. Each report must contain a summary of the advice and recommendations of the Council. Within 90 days after receiving the report, the Governor must submit the report to the General Assembly, together with any comments concerning the report that the Governor or the Director considers appropriate.

(i) The Director shall make available to the Council any personnel, administrative support services, and technical assistance necessary to carry out its functions effectively.

Section 60. Report. At least once during each fiscal year, the Governor must report on the programs and activities of the Peace Brigade under this Act to the General Assembly. The report must include:

(1) a description of the purpose and scope of any project that the Peace Brigade undertook during the preceding fiscal year; and

(2) recommendations for improving coordination of projects between the Peace Brigade, the United States, and other State agencies.

Section 800. The Departments of State Government Law of the Civil Administrative Code of Illinois is amended by changing Sections 5-15 and 5-20 and by adding Section 5-425 as follows:

(20 ILCS 5/5-15) (was 20 ILCS 5/3)

Sec. 5-15. Departments of State government. The Departments of State government are created as follows:

The Department on Aging.

The Department of Agriculture.

The Department of Central Management Services.

The Department of Children and Family Services.

The Department of Commerce and Economic Opportunity.

The Department of Corrections.

The Department of Employment Security.

The Department of Financial Institutions.

The Department of Human Rights.

The Department of Human Services.

The Department of Insurance.

The Department of Labor.

The Department of the Lottery.

The Department of Natural Resources.

The Department of Nuclear Safety.

The Department of Professional Regulation.

The Department of Public Aid.

The Department of Public Health.

The Department of Revenue.

The Department of State Police.

The Department of Transportation.

The Department of Veterans' Affairs.

The Illinois Africa-America Peace Brigade.

(Source: P.A. 93-25, eff. 6-20-03.)

(20 ILCS 5/5-20) (was 20 ILCS 5/4)

Sec. 5-20. Heads of departments. Each department shall have an officer as its head who shall be known as director or secretary and who shall, subject to the provisions of the Civil Administrative Code of Illinois, execute the powers and discharge the duties vested by law in his or her respective department.

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of Agriculture.

Director of Central Management Services, for the Department of Central Management Services.

Director of Children and Family Services, for the Department of Children and Family Services.

Director of Commerce and Economic Opportunity, for the Department of Commerce and Economic Opportunity.

Director of Corrections, for the Department of Corrections.

Director of Employment Security, for the Department of Employment Security.

Director of Financial Institutions, for the Department of Financial Institutions.

Director of Human Rights, for the Department of Human Rights.

Secretary of Human Services, for the Department of Human Services.

Director of Insurance, for the Department of Insurance.

Director of Labor, for the Department of Labor.

Director of the Lottery, for the Department of the Lottery.

Director of Natural Resources, for the Department of Natural Resources.

Director of Nuclear Safety, for the Department of Nuclear Safety.

Director of Professional Regulation, for the Department of Professional Regulation.

Director of Public Aid, for the Department of Public Aid.

Director of Public Health, for the Department of Public Health.

Director of Revenue, for the Department of Revenue.

Director of State Police, for the Department of State Police.

Secretary of Transportation, for the Department of Transportation.

Director of Veterans' Affairs, for the Department of Veterans' Affairs.

Director of the Illinois Africa-America Peace Brigade, for the Illinois Africa-America Peace Brigade.

(Source: P.A. 93-25, eff. 6-20-03.)

(20 ILCS 5/5-425 new)

Sec. 5-425. In the Illinois Africa-America Peace Brigade. The Director and the Assistant Director of the Illinois Africa-America Peace Brigade shall receive annual salaries that are the same as the salaries of the Director and Assistant Director of Agriculture, respectively, until such time as their salaries are set by the Compensation Review Board, and thereafter shall receive salaries as set by the Compensation Review Board.

Section 805. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-345 as follows:

(20 ILCS 2605/2605-345 new)

Sec. 2605-345. Criminal background investigations for the Illinois Africa-America Peace Brigade. Upon the request of the Director of the Illinois Africa-America Peace Brigade, to conduct criminal background investigations of applicants for enrollment as volunteers in the Illinois Africa-America Peace Brigade and to report any criminal history information to the Director of the Illinois Africa-America Peace Brigade. The request shall be in the form and manner specified by the Department.