HB4586 EngrossedLRB097 14779 CEL 59804 b

1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by changing Section 805-30 as follows:
 
7    (20 ILCS 805/805-30)  (was 20 ILCS 805/63a38)
8    Sec. 805-30. Illinois Veteran Conservation Corps and
9Illinois Young Adult Conservation Corps; Illinois Veteran
10Recreation Corps and Illinois Youth Recreation Corps. The
11Department has the power to administer the Illinois Veteran
12Conservation Corps, Illinois Young Adult Conservation Corps,
13Illinois Veteran Recreation Corps, Program and the Illinois
14Youth Recreation Corps programs Program created by the Illinois
15Veteran, Youth, and Young Adult Conservation Jobs Act
16Employment Act of 1986 and to promulgate rules and regulations
17for the administration of the programs.
18(Source: P.A. 91-239, eff. 1-1-00.)
 
19    (20 ILCS 2805/9 rep.)
20    Section 10. The Department of Veterans Affairs Act is
21amended by repealing Section 9.
 

 

 

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1    Section 15. The Illinois Youth and Young Adult Employment
2Act of 1986 is amended by changing Sections 1, 2, 4, 5, 6, 7,
3and 8 and by adding Sections 7.5 and 9 as follows:
 
4    (525 ILCS 50/1)  (from Ch. 48, par. 2551)
5    Sec. 1. This Article II shall be known and may be cited as
6the "Illinois Veteran, Youth, and Young Adult Conservation Jobs
7Employment Act of 1986".
8(Source: P.A. 84-1430.)
 
9    (525 ILCS 50/2)  (from Ch. 48, par. 2552)
10    Sec. 2. Declaration of Intent. The General Assembly finds
11that the level of unemployment among veterans, the youths of
12this State, particularly those age 14 16 through 18, and young
13adults, age 18 through 25, is unsatisfactory. This situation is
14not conducive to the development of veterans and the youth and
15young adults of Illinois as the future of the State. The
16General Assembly further finds that the availability of
17conservation and recreational programs for veterans, youth,
18and young adults in parks and recreational facilities and other
19lands operated by the State, by units of local government, and
20by other local not-for-profit entities is severely limited,
21decreasing the variety of constructive activities available to
22the children of this State during those months when they are
23not in school. The General Assembly therefore creates the
24Illinois Veteran, Youth, and Young Adult Conservation Jobs

 

 

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1Employment Act to establish (a) the Illinois Veteran
2Conservation Corps and the Illinois Young Adult Conservation
3Corps to provide year-round temporary summer employment for
4youth and year around employment for veterans and young adults
5of this State for the purpose of conservation, rehabilitation,
6protection and enhancement of the State's public land and (b)
7the Illinois Veteran Recreation Corps and the Illinois Youth
8Recreation Corps to provide temporary summer employment for the
9veterans and youth of this State for the purpose of
10administering and operating conservation or recreational
11programs operated by units of local government or local
12not-for-profit entities for youth at conservation and open
13spaces, parks, or recreational facilities or other similar
14facilities or locations operated by the State, units of local
15government or other local not-for-profit entities.
16(Source: P.A. 84-1430.)
 
17    (525 ILCS 50/4)  (from Ch. 48, par. 2554)
18    Sec. 4. Definition of Terms. For the purposes of this Act:
19    (a) "Department" means the Department of Natural
20Resources.
21    (b) "Director" means the Director of Natural Resources.
22    (c) "Local sponsor" means any unit of local government or
23not-for-profit entity that can make available for a summer
24conservation or recreation program park lands, conservation or
25recreational lands or facilities, equipment, materials,

 

 

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1administration, supervisory personnel, etc.
2    (d) "Managing supervisor" means an enrollee in the Illinois
3Veterans Recreation Corps or the Illinois Youth Recreation
4Corps who is selected by the local sponsor to supervise the
5activities of the veterans or youth employee enrollees working
6on the conservation or recreation project. A managing
7supervisor in the Illinois Youth Recreation Corps may be 19
8years of age or older.
9    (e) "Veteran" means an Illinois resident who has served or
10is currently serving as a member of the United States Armed
11Forces, a member of the Illinois National Guard, or a member of
12a Reserve Component of the United States Armed Forces.
13(Source: P.A. 89-445, eff. 2-7-96.)
 
14    (525 ILCS 50/5)  (from Ch. 48, par. 2555)
15    Sec. 5. Cooperation. The Department of Natural Resources
16shall have the full cooperation of the Illinois Department of
17Veterans' Affairs, Department of Commerce and Economic
18Opportunity, the Illinois State Job Coordinating Council
19created by the Federal Job Training Partnership Act (Public Law
2097-300), and the Department of Employment Security to carry out
21the purposes of this Act.
22(Source: P.A. 94-793, eff. 5-19-06.)
 
23    (525 ILCS 50/6)  (from Ch. 48, par. 2556)
24    Sec. 6. Funding. Funding for the Illinois Veteran, Youth,

 

 

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1and Young Adult Conservation Jobs Employment Act shall be from
2any State or federal funds or grants or other funding so
3received by the Department so appropriated by the General
4Assembly and any matching funds required by the Department from
5local sponsors that choose to participate in the Illinois
6Veteran Recreation Corps or the Illinois Youth Recreation Corps
7programs program.
8(Source: P.A. 84-1430.)
 
9    (525 ILCS 50/7)  (from Ch. 48, par. 2557)
10    Sec. 7. Illinois Young Adult Conservation Corps. With
11respect to the Illinois Young Adult Conservation Corps program:
12    (a) Enrollment. The Illinois Young Adult Conservation
13Corps Youth Component shall be limited to citizens of this
14State who at the time of enrollment are 16 through 18 years of
15age inclusive and who are unemployed. The Illinois Conservation
16Corps Young Adult Component shall be limited to citizens of
17this State who at the time of enrollment are 18 through 25
18years of age inclusive and who are unemployed.
19    The Department shall make public notification of the
20availability of jobs for eligible youths and young adults in
21the Illinois Young Adult Conservation Corps by the means of
22newspapers, electronic media, educational facilities, units of
23local government and the Department of Employment Security
24offices.
25    The Department shall promulgate reasonable rules

 

 

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1pertaining to application for jobs with the Illinois Young
2Adult Conservation Corps.
3    Any applicant who knowingly and purposely provides
4wrongful information regarding age, employment or educational
5records shall be deemed ineligible to participate in the
6program. Any applicant who successfully gains employment in the
7program and is later proven to have falsified his or her
8application shall be dismissed immediately from the program.
9    (b) Terms of Employment. The enrollment period for any
10successful applicant of the Illinois Conservation Corps Youth
11Component shall not be longer than 60 working days during the
12months of June, July and August. Once enrolled in the Illinois
13Young Adult Conservation Corps program, each enrollee shall
14receive at least the standard minimum wage as set by the State
15of Illinois and shall work normal working hours as determined
16by the Department. The enrollees shall not be classified as
17employees of the State for purposes of contributions to the
18State Employees' Retirement System of Illinois or any other
19public employment retirement system of the State.
20    (c) Permissible Activities. The Director shall designate
21suitable projects in which enrollees of the program shall
22participate. No project designated for enrollee participation
23shall result in the displacement of individuals currently
24employed or positions currently existing, either directly or
25under contract with any private contractor, by the Department
26through the reduction of overtime or nonovertime hours, wages

 

 

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1or employment benefits.
2    Projects so designated by the Director shall be for the
3purpose of enhancing public lands owned or leased by the
4Department or developing and enhancing projects or initiatives
5undertaken in whole or part by the Department. Such projects
6shall include improving the habitat of fauna and flora;
7improving utilization of conservation or recreation facilities
8and lands by the public; improving water quality; and any other
9project deemed by the Department to improve the environmental,
10economic and recreational quality of the State owned or leased
11lands.
12    All projects designated for activity by the Director shall
13be within a reasonable commuting time for each enrollee. To the
14extent possible, the Director shall designate areas where a
15pool of enrollees may work. In no circumstance shall enrollees
16be required to spend more than 1 1/2 hours of commuting time to
17a project or a designated area; provided, an enrollee, or an
18enrollee who is a minor with the express concurrence of his
19parent or guardian, may agree to spend more than 1 1/2 hours of
20commuting time to a project or a designated area.
21(Source: P.A. 84-1430.)
 
22    (525 ILCS 50/7.5 new)
23    Sec. 7.5. Illinois Veteran Conservation Corps. With
24respect to the Illinois Veteran Conservation Corps program:
25    (a) Enrollment. The Illinois Veteran Conservation Corps

 

 

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1shall be limited to citizens of this State who at the time of
2enrollment are veterans who are unemployed. Preference may be
3given to veterans with a disability.
4    The Department shall make public notification of the
5availability of jobs for eligible veterans in the Illinois
6Veteran Conservation Corps by the means of newspapers,
7electronic media, educational facilities, units of local
8government, and the Department of Employment Security offices.
9    The Department shall adopt reasonable rules pertaining to
10application for jobs with the Illinois Veteran Conservation
11Corps.
12    Any applicant who knowingly and purposely provides
13wrongful information regarding employment or veteran status
14shall be deemed ineligible to participate in the program. Any
15applicant who successfully gains employment in the program and
16is later proven to have falsified his or her application shall
17be dismissed immediately from the program.
18    (b) Terms of employment. Once enrolled in the Illinois
19Veteran Conservation Corps, each enrollee shall receive at
20least the standard minimum wage as set by the State and shall
21work normal working hours as determined by the Department. The
22enrollees shall not be classified as employees of the State for
23purposes of contributions to the State Employees' Retirement
24System of Illinois or any other public employment retirement
25system of the State.
26    (c) Permissible activities. The Director shall designate

 

 

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1suitable projects in which enrollees of the program shall
2participate. No project designated for enrollee participation
3shall result in the displacement of individuals currently
4employed or positions currently existing, either directly or
5under contract with any private contractor, by the Department,
6or unit of local government through the reduction of overtime
7or non-overtime hours, wages, or employment benefits.
8    Projects so designated by the Director shall be for the
9purpose of enhancing public lands owned or leased by the
10Department or developing and enhancing projects or initiatives
11undertaken in whole or part by the Department. Such projects
12shall include improving the habitat of fauna and flora;
13improving utilization of conservation or recreation facilities
14and lands by the public; improving water quality; and any other
15project deemed by the Department to improve the environmental,
16economic, and recreational quality of the State owned or leased
17lands.
18    All projects designated for activity by the Director shall
19be within a reasonable commuting time for each enrollee. To the
20extent possible, the Director shall designate areas where a
21pool of enrollees may work. In no circumstance shall enrollees
22be required to spend more than 1 1/2 hours of commuting time to
23a project or a designated area; provided, an enrollee may agree
24to spend more than 1 1/2 hours of commuting time to a project
25or a designated area.
 

 

 

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1    (525 ILCS 50/8)  (from Ch. 48, par. 2558)
2    Sec. 8. Illinois Youth Recreation Corps. With respect to
3the Illinois Youth Recreation Corps:
4    (a) Purpose. The Illinois Youth Recreation Corps is
5established for the purpose of making grants to local sponsors
6to provide wages to youth operating and instructing in
7conservation or recreational programs for the benefit of other
8youth. Such programs shall provide conservation or
9recreational opportunities for local children of all age levels
10and shall include, but are not limited to, the coordination and
11teaching of natural resource conservation and management,
12physical activities, or arts and handicraft, and learning
13activities directly related to natural resource conservation
14management or recreation. Such programs may charge user fees,
15but such fees shall be designed to promote as much community
16involvement as possible by the children of the community, as
17determined by the Department.
18    (b) Application. Local sponsors who can provide necessary
19facilities, materials and management for summer conservation
20or recreational activities for youth within the community and
21who desire a grant under this Act for the purpose of hiring
22managing supervisors as necessary and eligible youth as
23supervisors, instructors, instructional aides or maintenance
24personnel for such conservation or recreational programs may
25make application to the Department of Natural Resources.
26Applications shall be evaluated on the basis of program

 

 

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1content, location, need, local commitment of resources, and
2consistency with the purposes of this Act.
3    (c) Enrollment. The Illinois Youth Recreation Corps shall
4be limited to citizens of this State who at the time of
5enrollment are 14 16 through 18 19 years of age inclusive and
6who have skills that can be utilized in the summer conservation
7or recreational program. The ratio of youth employee enrollees
8to a managing supervisor must not be less than 10 to 1 for any
9local sponsor with a total number of youth employee enrollees
10of 10 or more. Any local sponsor program with a total number of
11youth employee enrollees of less than 10 must be limited to one
12managing supervisor.
13    The local sponsors shall make public notification of the
14availability of jobs for eligible youth in the Illinois Youth
15Recreation Corps by the means of newspapers, electronic media,
16educational facilities, units of local government and
17Department of Employment Security offices. Application for
18employment shall be made directly to the local sponsor.
19    The Department shall adopt reasonable rules pertaining to
20the administration of the Illinois Youth Recreation Corps.
21    (d) Terms of Employment. The enrollment period for any
22successful applicant of the program shall not be longer than 60
23working days during the months of June, July and August. Once
24enrolled in the program, each enrollee shall receive a
25reasonable wage as set by the Department and shall work hours
26as required by the conservation or recreation program but not

 

 

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1in excess of a maximum number of hours as determined by the
2Department, except that an enrollee working as a managing
3supervisor shall receive a higher wage than an enrollee working
4in any other capacity on the conservation or recreation
5program. Enrollees shall be employees of the local sponsor and
6not contractual hires for the purpose of employment taxes,
7except that . The enrollees shall not be classified as employees
8of the State or the local sponsor for purposes of contributions
9to the State Employees' Retirement System of Illinois or any
10other public employee retirement system.
11(Source: P.A. 89-445, eff. 2-7-96.)
 
12    (525 ILCS 50/9 new)
13    Sec. 9. Illinois Veteran Recreation Corps. With respect to
14the Illinois Veteran Recreation Corps:
15    (a) Purpose. The Illinois Veteran Recreation Corps is
16established for the purpose of making grants to local sponsors
17to provide wages to veterans of any age operating and
18instructing in conservation or recreational programs. Such
19programs shall provide conservation or recreational
20opportunities and shall include, but are not limited to, the
21coordination and teaching of natural resource conservation and
22management, physical activities, or learning activities
23directly related to natural resource conservation management
24or recreation. Such programs may charge user fees, but such
25fees shall be designed to promote as much community involvement

 

 

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1as possible, as determined by the Department.
2    (b) Application. Local sponsors who can provide necessary
3facilities, materials, and management for summer conservation
4or recreational activities within the community and who desire
5a grant under this Act for the purpose of hiring managing
6supervisors as necessary and eligible veterans for such
7conservation or recreational programs may make application to
8the Department. Applications shall be evaluated on the basis of
9program content, location, need, local commitment of
10resources, and consistency with the purposes of this Act.
11    (c) Enrollment. The Illinois Veterans' Recreation Corps
12shall be limited to citizens of this State who at the time of
13enrollment are veterans of any age and are unemployed and who
14have skills that can be utilized in the summer conservation or
15recreational program. Preference may be given to veterans with
16a disability.
17    The ratio of veterans employee enrollees to a managing
18supervisor must not be less than 10 to 1 for any local sponsor
19with a total number of veterans employee enrollees of 10 or
20more. Any local sponsor program with a total number of veteran
21employee enrollees of less than 10 must be limited to one
22managing supervisor. Veterans who are unemployed shall be given
23preference for employment as managing supervisors.
24    The local sponsors shall make public notification of the
25availability of jobs for eligible veterans in the Illinois
26Veterans Recreation Corps by the means of newspapers,

 

 

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1electronic media, educational facilities, units of local
2government, and Department of Employment Security offices.
3Application for employment shall be made directly to the local
4sponsor.
5    The Department shall adopt reasonable rules pertaining to
6the administration of the Illinois Veteran Recreation Corps.
7    (d) Terms of employment. The enrollment period for any
8successful applicant of the program shall not be longer than 6
9total months. Once enrolled in the program, each enrollee shall
10receive a reasonable wage as set by the Department and shall
11work hours as required by the conservation or recreation
12program but not in excess of a maximum number of hours as
13determined by the Department, except that an enrollee working
14as a managing supervisor shall receive a higher wage than an
15enrollee working in any other capacity on the conservation or
16recreation program. Enrollees shall be employees of the local
17sponsor and not contractual hires for the purpose of employment
18taxes, except that enrollees shall not be classified as
19employees of the State or the local sponsor for purposes of
20contributions to the State Employees' Retirement System of
21Illinois or any other public employee retirement system.
 
22    (525 ILCS 50/3 rep.)
23    Section 20. The Illinois Youth and Young Adult Employment
24Act of 1986 is amended by repealing Section 3.
 

 

 

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1    Section 25. The Clerks of Courts Act is amended by changing
2Section 27.3a as follows:
 
3    (705 ILCS 105/27.3a)
4    (Text of Section after amendment by P.A. 97-46)
5    Sec. 27.3a. Fees for automated record keeping and State and
6Conservation Police operations.
7    1. The expense of establishing and maintaining automated
8record keeping systems in the offices of the clerks of the
9circuit court shall be borne by the county. To defray such
10expense in any county having established such an automated
11system or which elects to establish such a system, the county
12board may require the clerk of the circuit court in their
13county to charge and collect a court automation fee of not less
14than $1 nor more than $15 to be charged and collected by the
15clerk of the court. Such fee shall be paid at the time of
16filing the first pleading, paper or other appearance filed by
17each party in all civil cases or by the defendant in any
18felony, traffic, misdemeanor, municipal ordinance, or
19conservation case upon a judgment of guilty or grant of
20supervision, provided that the record keeping system which
21processes the case category for which the fee is charged is
22automated or has been approved for automation by the county
23board, and provided further that no additional fee shall be
24required if more than one party is presented in a single
25pleading, paper or other appearance. Such fee shall be

 

 

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1collected in the manner in which all other fees or costs are
2collected.
3    1.5. Starting on the effective date of this amendatory Act
4of the 96th General Assembly, a clerk of the circuit court in
5any county that imposes a fee pursuant to subsection 1 of this
6Section, shall charge and collect an additional fee in an
7amount equal to the amount of the fee imposed pursuant to
8subsection 1 of this Section. This additional fee shall be paid
9by the defendant in any felony, traffic, misdemeanor, or local
10ordinance case upon a judgment of guilty or grant of
11supervision. This fee shall not be paid by the defendant for
12any conservation violation listed in subsection 1.6 of this
13Section.
14    1.6. Starting on July 1, 2012 (the effective date of Public
15Act 97-46) this amendatory Act of the 97th General Assembly, a
16clerk of the circuit court in any county that imposes a fee
17pursuant to subsection 1 of this Section shall charge and
18collect an additional fee in an amount equal to the amount of
19the fee imposed pursuant to subsection 1 of this Section. This
20additional fee shall be paid by the defendant upon a judgment
21of guilty or grant of supervision for a conservation violation
22under the State Parks Act, the Recreational Trails of Illinois
23Act, the Illinois Explosives Act, the Timber Buyers Licensing
24Act, the Forest Products Transportation Act, the Firearm Owners
25Identification Card Act, the Environmental Protection Act, the
26Fish and Aquatic Life Code, the Wildlife Code, the Cave

 

 

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1Protection Act, the Illinois Exotic Weed Act, the Illinois
2Forestry Development Act, the Ginseng Harvesting Act, the
3Illinois Lake Management Program Act, the Illinois Natural
4Areas Preservation Act, the Illinois Open Land Trust Act, the
5Open Space Lands Acquisition and Development Act, the Illinois
6Prescribed Burning Act, the State Forest Act, the Water Use Act
7of 1983, the Illinois Veteran, Youth, and Young Adult
8Conservation Jobs Employment Act of 1986, the Snowmobile
9Registration and Safety Act, the Boat Registration and Safety
10Act, the Illinois Dangerous Animals Act, the Hunter and
11Fishermen Interference Prohibition Act, the Wrongful Tree
12Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
1311-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
14the Illinois Vehicle Code.
15    2. With respect to the fee imposed under subsection 1 of
16this Section, each clerk shall commence such charges and
17collections upon receipt of written notice from the chairman of
18the county board together with a certified copy of the board's
19resolution, which the clerk shall file of record in his office.
20    3. With respect to the fee imposed under subsection 1 of
21this Section, such fees shall be in addition to all other fees
22and charges of such clerks, and assessable as costs, and may be
23waived only if the judge specifically provides for the waiver
24of the court automation fee. The fees shall be remitted monthly
25by such clerk to the county treasurer, to be retained by him in
26a special fund designated as the court automation fund. The

 

 

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1fund shall be audited by the county auditor, and the board
2shall make expenditure from the fund in payment of any cost
3related to the automation of court records, including hardware,
4software, research and development costs and personnel related
5thereto, provided that the expenditure is approved by the clerk
6of the court and by the chief judge of the circuit court or his
7designate.
8    4. With respect to the fee imposed under subsection 1 of
9this Section, such fees shall not be charged in any matter
10coming to any such clerk on change of venue, nor in any
11proceeding to review the decision of any administrative
12officer, agency or body.
13    5. With respect to the additional fee imposed under
14subsection 1.5 of this Section, the fee shall be remitted by
15the circuit clerk to the State Treasurer within one month after
16receipt for deposit into the State Police Operations Assistance
17Fund.
18    6. With respect to the additional fees imposed under
19subsection 1.5 of this Section, the Director of State Police
20may direct the use of these fees for homeland security purposes
21by transferring these fees on a quarterly basis from the State
22Police Operations Assistance Fund into the Illinois Law
23Enforcement Alarm Systems (ILEAS) Fund for homeland security
24initiatives programs. The transferred fees shall be allocated,
25subject to the approval of the ILEAS Executive Board, as
26follows: (i) 66.6% shall be used for homeland security

 

 

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1initiatives and (ii) 33.3% shall be used for airborne
2operations. The ILEAS Executive Board shall annually supply the
3Director of State Police with a report of the use of these
4fees.
5    7. 6. With respect to the additional fee imposed under
6subsection 1.6 of this Section, the fee shall be remitted by
7the circuit clerk to the State Treasurer within one month after
8receipt for deposit into the Conservation Police Operations
9Assistance Fund.
10(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
1197-453, eff. 8-19-11; revised 10-4-11.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.