HB3711 Engrossed LRB094 10781 MKM 42010 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act shall be known and may be
5 cited as the Illinois Conservation Corps Act.
 
6     Section 5. Definitions. As used in this Act:
7     "Board" means the Illinois Conservation Corps Advisory
8 Board.
9     "Corps" means the Illinois Conservation Corps.
10     "Department" means the Department of Natural Resources.
11     "Director" means the Director of Natural Resources.
 
12     Section 10. Illinois Conservation Corps Advisory Board.
13     (a) The Illinois Conservation Corps Advisory Board is
14 established to advise the Department concerning the Illinois
15 Conservation Corps. The Board shall consist of 13 members as
16 follows:
17         (1) The Director of Agriculture, or the Director's
18     designee.
19         (2) The Director of Natural Resources, or the
20     Director's designee, who shall serve as chairman.
21         (3) The Director of the Environmental Protection
22     Agency, or the Director's designee.
23         (4) One representative of the Illinois Municipal
24     League.
25         (5) One representative of the Nature Conservancy.
26         (6) One representative of the Association of Park
27     Districts.
28         (7) One representative of the Sierra Club.
29         (8) One representative of Illinois public
30     universities.
31         (9) One representative of Illinois community colleges.

 

 

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1         (10) One member appointed by the Speaker of the House.
2         (11) One member appointed by the House Minority Leader.
3         (12) One member appointed by the President of the
4     Senate.
5         (13) One member appointed by the Senate Minority
6     Leader.
7     (b) All members of the Board shall serve without
8 compensation, except that members may be reimbursed for
9 reasonable travel expenses incurred as a result of performing
10 the work of the Board.
11     (c) The Board shall advise the Department concerning
12 suitable projects for the Corps that permanently enhance and
13 improve lands owned by the State or by units of local
14 government.
 
15     Section 15. Illinois Conservation Corps.
16     (a) The Illinois Conservation Corps program is established
17 within the Department of Natural Resources. The Corps shall be
18 limited to citizens of this State who at the time of enrollment
19 are 18 through 25 years of age inclusive. The Department shall
20 make public notification of the availability of jobs for
21 eligible young adults in the Corps by means of newspapers,
22 electronic media, units of local government, and educational
23 facilities, including school districts, higher education
24 institutions, and community colleges. The Department shall
25 promulgate reasonable rules concerning the application process
26 for jobs with the Illinois Conservation Corps.
27     Any applicant who knowingly and purposely provides
28 wrongful information regarding age or educational records
29 shall be deemed ineligible to participate in the Corps. Any
30 applicant who successfully gains employment in the Corps and is
31 later proven to have falsified his or her application shall be
32 dismissed immediately from the Corps.
33     (b) Any successful applicant to the Corps may be employed
34 year-round. Subject to appropriation, once enrolled in the
35 Corps, each enrollee shall receive a stipend in the amount of

 

 

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1 $500 per month and may receive education awards for qualified
2 educational expenses, such as repayment of qualified student
3 loans, educational expenses at an Illinois public university,
4 community college, or school-to-work program, or eligible
5 interest expenses, in an amount not to exceed $5,000 per
6 enrollee per year. Stipends and education awards shall be paid
7 out of moneys appropriated to the Illinois Conservation Corps
8 Fund. Enrollees shall not be classified as employees of the
9 State for purposes of contributions to the State Employees'
10 Retirement System or any other public employment retirement
11 system of the State.
12     (c) The Director, in consultation with the Board, shall
13 designate suitable projects for the Corps. No project
14 designated for enrollee participation shall result in the
15 displacement of individuals currently employed or positions
16 currently existing, either directly or under contract with any
17 private contractor, by the Department through the reduction of
18 overtime or non-overtime hours, wages, or employment benefits.
19 Projects designated by the Director as suitable projects for
20 the Corps shall permanently enhance public lands, including,
21 but not limited to, parks, nature preserves, and forest
22 preserves, and shall improve the habitat of fauna and flora,
23 improve utilization of recreation facilities by the public,
24 improve water quality, or in any other way improve the
25 environmental, economic, and recreational quality of public
26 lands.
 
27     Section 20. Illinois Conservation Corps Fund. The Illinois
28 Conservation Corps Fund is created as a special fund in the
29 State treasury. Subject to appropriation, the moneys in the
30 Fund may only be used by the Department for the purposes of the
31 Illinois Conservation Corps, including the payment of stipends
32 and education awards under Section 15. No more than 5% of the
33 moneys in the Fund may be used by the Department for costs
34 associated with the administration of the Illinois
35 Conservation Corps. Any interest earned on moneys in the Fund

 

 

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1 must be deposited into the Fund. The Fund may accept State and
2 federal appropriations, gifts, grants, and private donations.
 
3     Section 90. The Personnel Code is amended by changing
4 Section 4c as follows:
 
5     (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
6     Sec. 4c. General exemptions. The following positions in
7 State service shall be exempt from jurisdictions A, B, and C,
8 unless the jurisdictions shall be extended as provided in this
9 Act:
10         (1) All officers elected by the people.
11         (2) All positions under the Lieutenant Governor,
12     Secretary of State, State Treasurer, State Comptroller,
13     State Board of Education, Clerk of the Supreme Court, and
14     Attorney General.
15         (3) Judges, and officers and employees of the courts,
16     and notaries public.
17         (4) All officers and employees of the Illinois General
18     Assembly, all employees of legislative commissions, all
19     officers and employees of the Illinois Legislative
20     Reference Bureau, the Legislative Research Unit, and the
21     Legislative Printing Unit.
22         (5) All positions in the Illinois National Guard and
23     Illinois State Guard, paid from federal funds or positions
24     in the State Military Service filled by enlistment and paid
25     from State funds.
26         (6) All employees of the Governor at the executive
27     mansion and on his immediate personal staff.
28         (7) Directors of Departments, the Adjutant General,
29     the Assistant Adjutant General, the Director of the
30     Illinois Emergency Management Agency, members of boards
31     and commissions, and all other positions appointed by the
32     Governor by and with the consent of the Senate.
33         (8) The presidents, other principal administrative
34     officers, and teaching, research and extension faculties

 

 

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1     of Chicago State University, Eastern Illinois University,
2     Governors State University, Illinois State University,
3     Northeastern Illinois University, Northern Illinois
4     University, Western Illinois University, the Illinois
5     Community College Board, Southern Illinois University,
6     Illinois Board of Higher Education, University of
7     Illinois, State Universities Civil Service System,
8     University Retirement System of Illinois, and the
9     administrative officers and scientific and technical staff
10     of the Illinois State Museum.
11         (9) All other employees except the presidents, other
12     principal administrative officers, and teaching, research
13     and extension faculties of the universities under the
14     jurisdiction of the Board of Regents and the colleges and
15     universities under the jurisdiction of the Board of
16     Governors of State Colleges and Universities, Illinois
17     Community College Board, Southern Illinois University,
18     Illinois Board of Higher Education, Board of Governors of
19     State Colleges and Universities, the Board of Regents,
20     University of Illinois, State Universities Civil Service
21     System, University Retirement System of Illinois, so long
22     as these are subject to the provisions of the State
23     Universities Civil Service Act.
24         (10) The State Police so long as they are subject to
25     the merit provisions of the State Police Act.
26         (11) The scientific staff of the State Scientific
27     Surveys and the Waste Management and Research Center.
28         (12) The technical and engineering staffs of the
29     Department of Transportation, the Department of Nuclear
30     Safety, the Pollution Control Board, and the Illinois
31     Commerce Commission, and the technical and engineering
32     staff providing architectural and engineering services in
33     the Department of Central Management Services.
34         (13) All employees of the Illinois State Toll Highway
35     Authority.
36         (14) The Secretary of the Illinois Workers'

 

 

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1     Compensation Commission.
2         (15) All persons who are appointed or employed by the
3     Director of Insurance under authority of Section 202 of the
4     Illinois Insurance Code to assist the Director of Insurance
5     in discharging his responsibilities relating to the
6     rehabilitation, liquidation, conservation, and dissolution
7     of companies that are subject to the jurisdiction of the
8     Illinois Insurance Code.
9         (16) All employees of the St. Louis Metropolitan Area
10     Airport Authority.
11         (17) All investment officers employed by the Illinois
12     State Board of Investment.
13         (18) Employees of the Illinois Young Adult
14     Conservation Corps program, administered by the Illinois
15     Department of Natural Resources, authorized grantee under
16     Title VIII of the Comprehensive Employment and Training Act
17     of 1973, 29 USC 993.
18         (18.5) Employees of the Youth and Young Adult
19     Conservation Employment program administered by the
20     Illinois Department of Natural Resources.
21         (18.6) Employees of the Illinois Conservation Corps
22     program established under the Illinois Conservation Corps
23     Act and administered by the Illinois Department of Natural
24     Resources.
25         (19) Seasonal employees of the Department of
26     Agriculture for the operation of the Illinois State Fair
27     and the DuQuoin State Fair, no one person receiving more
28     than 29 days of such employment in any calendar year.
29         (20) All "temporary" employees hired under the
30     Department of Natural Resources' Illinois Conservation
31     Service, a youth employment program that hires young people
32     to work in State parks for a period of one year or less.
33         (21) All hearing officers of the Human Rights
34     Commission.
35         (22) All employees of the Illinois Mathematics and
36     Science Academy.

 

 

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1         (23) All employees of the Kankakee River Valley Area
2     Airport Authority.
3         (24) The commissioners and employees of the Executive
4     Ethics Commission.
5         (25) The Executive Inspectors General, including
6     special Executive Inspectors General, and employees of
7     each Office of an Executive Inspector General.
8         (26) The commissioners and employees of the
9     Legislative Ethics Commission.
10         (27) The Legislative Inspector General, including
11     special Legislative Inspectors General, and employees of
12     the Office of the Legislative Inspector General.
13         (28) The Auditor General's Inspector General and
14     employees of the Office of the Auditor General's Inspector
15     General.
16 (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05;
17 revised 10-14-04.)
 
18     Section 95. The Department of Natural Resources
19 (Conservation) Law of the Civil Administrative Code of Illinois
20 is amended by changing Section 805-30 as follows:
 
21     (20 ILCS 805/805-30)  (was 20 ILCS 805/63a38)
22     Sec. 805-30. Youth and Young Adult Conservation Employment
23 Program Illinois Conservation Corps; Illinois Youth Recreation
24 Corps. The Department has the power to administer the Youth and
25 Young Adult Conservation Employment Program Illinois
26 Conservation Corps Program and the Illinois Youth Recreation
27 Corps Program created by the Illinois Youth and Young Adult
28 Employment Act of 1986 and to promulgate rules and regulations
29 for the administration of the programs.
30 (Source: P.A. 91-239, eff. 1-1-00.)
 
31     Section 100. The State Finance Act is amended by changing
32 Section 8h as follows:
 

 

 

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1     (30 ILCS 105/8h)
2     Sec. 8h. Transfers to General Revenue Fund.
3     (a) Except as provided in subsection (b), notwithstanding
4 any other State law to the contrary, the Governor may, through
5 June 30, 2007, from time to time direct the State Treasurer and
6 Comptroller to transfer a specified sum from any fund held by
7 the State Treasurer to the General Revenue Fund in order to
8 help defray the State's operating costs for the fiscal year.
9 The total transfer under this Section from any fund in any
10 fiscal year shall not exceed the lesser of (i) 8% of the
11 revenues to be deposited into the fund during that fiscal year
12 or (ii) an amount that leaves a remaining fund balance of 25%
13 of the July 1 fund balance of that fiscal year. In fiscal year
14 2005 only, prior to calculating the July 1, 2004 final
15 balances, the Governor may calculate and direct the State
16 Treasurer with the Comptroller to transfer additional amounts
17 determined by applying the formula authorized in Public Act
18 93-839 to the funds balances on July 1, 2003. No transfer may
19 be made from a fund under this Section that would have the
20 effect of reducing the available balance in the fund to an
21 amount less than the amount remaining unexpended and unreserved
22 from the total appropriation from that fund estimated to be
23 expended for that fiscal year. This Section does not apply to
24 any funds that are restricted by federal law to a specific use,
25 to any funds in the Motor Fuel Tax Fund, the Hospital Provider
26 Fund, the Medicaid Provider Relief Fund, or the Reviewing Court
27 Alternative Dispute Resolution Fund, or the Illinois
28 Conservation Corps Fund, or to any funds to which subsection
29 (f) of Section 20-40 of the Nursing and Advanced Practice
30 Nursing Act applies. Notwithstanding any other provision of
31 this Section, for fiscal year 2004, the total transfer under
32 this Section from the Road Fund or the State Construction
33 Account Fund shall not exceed the lesser of (i) 5% of the
34 revenues to be deposited into the fund during that fiscal year
35 or (ii) 25% of the beginning balance in the fund. For fiscal
36 year 2005 through fiscal year 2007, no amounts may be

 

 

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1 transferred under this Section from the Road Fund, the State
2 Construction Account Fund, the Criminal Justice Information
3 Systems Trust Fund, the Wireless Service Emergency Fund, or the
4 Mandatory Arbitration Fund.
5     In determining the available balance in a fund, the
6 Governor may include receipts, transfers into the fund, and
7 other resources anticipated to be available in the fund in that
8 fiscal year.
9     The State Treasurer and Comptroller shall transfer the
10 amounts designated under this Section as soon as may be
11 practicable after receiving the direction to transfer from the
12 Governor.
13     (b) This Section does not apply to any fund established
14 under the Community Senior Services and Resources Act.
15 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
16 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
17 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
18 1-15-05.)
 
19     Section 105. The Illinois Pension Code is amended by
20 changing Section 14-103.05 as follows:
 
21     (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
22     Sec. 14-103.05. Employee.
23     (a) Any person employed by a Department who receives salary
24 for personal services rendered to the Department on a warrant
25 issued pursuant to a payroll voucher certified by a Department
26 and drawn by the State Comptroller upon the State Treasurer,
27 including an elected official described in subparagraph (d) of
28 Section 14-104, shall become an employee for purpose of
29 membership in the Retirement System on the first day of such
30 employment.
31     A person entering service on or after January 1, 1972 and
32 prior to January 1, 1984 shall become a member as a condition
33 of employment and shall begin making contributions as of the
34 first day of employment.

 

 

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1     A person entering service on or after January 1, 1984
2 shall, upon completion of 6 months of continuous service which
3 is not interrupted by a break of more than 2 months, become a
4 member as a condition of employment. Contributions shall begin
5 the first of the month after completion of the qualifying
6 period.
7     The qualifying period of 6 months of service is not
8 applicable to: (1) a person who has been granted credit for
9 service in a position covered by the State Universities
10 Retirement System, the Teachers' Retirement System of the State
11 of Illinois, the General Assembly Retirement System, or the
12 Judges Retirement System of Illinois unless that service has
13 been forfeited under the laws of those systems; (2) a person
14 entering service on or after July 1, 1991 in a noncovered
15 position; or (3) a person to whom Section 14-108.2a or
16 14-108.2b applies.
17     (b) The term "employee" does not include the following:
18         (1) members of the State Legislature, and persons
19     electing to become members of the General Assembly
20     Retirement System pursuant to Section 2-105;
21         (2) incumbents of offices normally filled by vote of
22     the people;
23         (3) except as otherwise provided in this Section, any
24     person appointed by the Governor with the advice and
25     consent of the Senate unless that person elects to
26     participate in this system;
27         (3.1) any person serving as a commissioner of an ethics
28     commission created under the State Officials and Employees
29     Ethics Act unless that person elects to participate in this
30     system with respect to that service as a commissioner;
31         (3.2) any person serving as a part-time employee in any
32     of the following positions: Legislative Inspector General,
33     Special Legislative Inspector General, employee of the
34     Office of the Legislative Inspector General, Executive
35     Director of the Legislative Ethics Commission, or staff of
36     the Legislative Ethics Commission, regardless of whether

 

 

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1     he or she is in active service on or after July 8, 2004
2     (the effective date of Public Act 93-685), unless that
3     person elects to participate in this System with respect to
4     that service; in this item (3.2), a "part-time employee" is
5     a person who is not required to work at least 35 hours per
6     week;
7         (3.3) any person who has made an election under Section
8     1-123 and who is serving either as legal counsel in the
9     Office of the Governor or as Chief Deputy Attorney General;
10         (4) except as provided in Section 14-108.2 or
11     14-108.2c, any person who is covered or eligible to be
12     covered by the Teachers' Retirement System of the State of
13     Illinois, the State Universities Retirement System, or the
14     Judges Retirement System of Illinois;
15         (5) an employee of a municipality or any other
16     political subdivision of the State;
17         (6) any person who becomes an employee after June 30,
18     1979 as a public service employment program participant
19     under the Federal Comprehensive Employment and Training
20     Act and whose wages or fringe benefits are paid in whole or
21     in part by funds provided under such Act;
22         (7) enrollees of the Illinois Young Adult Conservation
23     Corps program, administered by the Department of Natural
24     Resources, authorized grantee pursuant to Title VIII of the
25     "Comprehensive Employment and Training Act of 1973", 29 USC
26     993, as now or hereafter amended;
27         (7.5) enrollees of the Youth and Young Adult
28     Conservation Employment program administered by the
29     Department of Natural Resources;
30         (7.6) employees of the Illinois Conservation Corps
31     program established under the Illinois Conservation Corps
32     Act and administered by the Department of Natural
33     Resources;
34         (8) enrollees and temporary staff of programs
35     administered by the Department of Natural Resources under
36     the Youth Conservation Corps Act of 1970;

 

 

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1         (9) any person who is a member of any professional
2     licensing or disciplinary board created under an Act
3     administered by the Department of Professional Regulation
4     or a successor agency or created or re-created after the
5     effective date of this amendatory Act of 1997, and who
6     receives per diem compensation rather than a salary,
7     notwithstanding that such per diem compensation is paid by
8     warrant issued pursuant to a payroll voucher; such persons
9     have never been included in the membership of this System,
10     and this amendatory Act of 1987 (P.A. 84-1472) is not
11     intended to effect any change in the status of such
12     persons;
13         (10) any person who is a member of the Illinois Health
14     Care Cost Containment Council, and receives per diem
15     compensation rather than a salary, notwithstanding that
16     such per diem compensation is paid by warrant issued
17     pursuant to a payroll voucher; such persons have never been
18     included in the membership of this System, and this
19     amendatory Act of 1987 is not intended to effect any change
20     in the status of such persons;
21         (11) any person who is a member of the Oil and Gas
22     Board created by Section 1.2 of the Illinois Oil and Gas
23     Act, and receives per diem compensation rather than a
24     salary, notwithstanding that such per diem compensation is
25     paid by warrant issued pursuant to a payroll voucher; or
26         (12) a person employed by the State Board of Higher
27     Education in a position with the Illinois Century Network
28     as of June 30, 2004, who remains continuously employed
29     after that date by the Department of Central Management
30     Services in a position with the Illinois Century Network
31     and participates in the Article 15 system with respect to
32     that employment.
33 (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839,
34 eff. 7-30-04; 93-1069, eff. 1-15-05.)
 
35     Section 110. The Illinois Youth and Young Adult Employment

 

 

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1 Act of 1986 is amended by changing Sections 2 and 7 as follows:
 
2     (525 ILCS 50/2)  (from Ch. 48, par. 2552)
3     Sec. 2. Declaration of Intent. The General Assembly finds
4 that the level of unemployment among the youths of this State,
5 particularly those age 16 through 18, and young adults, age 18
6 through 25, is unsatisfactory. This situation is not conducive
7 to the development of the youth and young adults of Illinois as
8 the future of the State. The General Assembly further finds
9 that the availability of recreational programs for youth in
10 parks and recreational facilities operated by the State, by
11 units of local government, and by other local not-for-profit
12 entities is severely limited, decreasing the variety of
13 constructive activities available to the children of this State
14 during those months when they are not in school. The General
15 Assembly therefore creates the Illinois Youth and Young Adult
16 Employment Act to establish (a) the Youth and Young Adult
17 Conservation Employment Program Illinois Conservation Corps to
18 provide temporary summer employment for youth and year around
19 employment for young adults of this State for the purpose of
20 rehabilitation, protection and enhancement of the State's
21 public land and (b) the Illinois Youth Recreation Corps to
22 provide temporary summer employment for the youth of this State
23 for the purpose of administering and operating recreational
24 programs for youth at parks or recreational facilities operated
25 by the State, units of local government or other local
26 not-for-profit entities.
27 (Source: P.A. 84-1430.)
 
28     (525 ILCS 50/7)  (from Ch. 48, par. 2557)
29     Sec. 7. Youth and Young Adult Conservation Employment
30 Program Illinois Conservation Corps. With respect to the Youth
31 and Young Adult Conservation Employment Program Illinois
32 Conservation Corps program:
33     (a) Enrollment. The Illinois Conservation Corps Youth
34 Component shall be limited to citizens of this State who at the

 

 

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1 time of enrollment are 16 through 18 years of age inclusive and
2 who are unemployed. The Illinois Conservation Corps Young Adult
3 Component shall be limited to citizens of this State who at the
4 time of enrollment are 18 through 25 years of age inclusive and
5 who are unemployed.
6     The Department shall make public notification of the
7 availability of jobs for eligible youths and young adults in
8 the Youth and Young Adult Conservation Employment Program
9 Illinois Conservation Corps by the means of newspapers,
10 electronic media, educational facilities, units of local
11 government and the Department of Employment Security offices.
12     The Department shall promulgate reasonable rules
13 pertaining to application for jobs with the Youth and Young
14 Adult Conservation Employment Program Illinois Conservation
15 Corps.
16     Any applicant who knowingly and purposely provides
17 wrongful information regarding age, employment or educational
18 records shall be deemed ineligible to participate in the
19 program. Any applicant who successfully gains employment in the
20 program and is later proven to have falsified his or her
21 application shall be dismissed immediately from the program.
22     (b) Terms of Employment. The enrollment period for any
23 successful applicant of the Illinois Conservation Corps Youth
24 Component shall not be longer than 60 working days during the
25 months of June, July and August. Once enrolled in the program,
26 each enrollee shall receive at least the standard minimum wage
27 as set by the State of Illinois and shall work normal working
28 hours as determined by the Department. The enrollees shall not
29 be classified as employees of the State for purposes of
30 contributions to the State Employees' Retirement System or any
31 other public employment retirement system of the State.
32     (c) Permissible Activities. The Director shall designate
33 suitable projects in which enrollees of the program shall
34 participate. No project designated for enrollee participation
35 shall result in the displacement of individuals currently
36 employed or positions currently existing, either directly or

 

 

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1 under contract with any private contractor, by the Department
2 through the reduction of overtime or nonovertime hours, wages
3 or employment benefits.
4     Projects so designated by the Director shall be for the
5 purpose of enhancing public lands owned or leased by the
6 Department. Such projects shall include improving the habitat
7 of fauna and flora; improving utilization of recreation
8 facilities by the public; improving water quality; and any
9 other project deemed by the Department to improve the
10 environmental, economic and recreational quality of the State
11 owned or leased lands.
12     All projects designated for activity by the Director shall
13 be within a reasonable commuting time for each enrollee. To the
14 extent possible, the Director shall designate areas where a
15 pool of enrollees may work. In no circumstance shall enrollees
16 be required to spend more than 1 1/2 hours of commuting time to
17 a project or a designated area; provided, an enrollee, or an
18 enrollee who is a minor with the express concurrence of his
19 parent or guardian, may agree to spend more than 1 1/2 hours of
20 commuting time to a project or a designated area.
21 (Source: P.A. 84-1430.)
 
22     Section 900. The State Finance Act is amended by adding
23 Section 5.640 as follows:
 
24     (30 ILCS 105/5.640 new)
25     Sec. 5.640. The Illinois Conservation Corps Fund.
 
26     Section 999. Effective date. This Act takes effect upon
27 becoming law.