093_HB0986sam001











                                     LRB093 05735 RCE 16127 a

 1                     AMENDMENT TO HOUSE BILL 986

 2        AMENDMENT NO.     .  Amend House Bill  986  by  replacing
 3    everything after the enacting clause with the following:

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

 6        Section 5.  Legislative declaration.
 7        (a)  The General Assembly declares that it is the  policy
 8    of  this  State  to promote peace and friendship with African
 9    nations through the Illinois  Africa-America  Peace  Brigade.
10    The  Peace Brigade shall make available to interested African
11    nations men and women of this  State  qualified  for  service
12    abroad  and  willing to serve under conditions of hardship if
13    necessary.  A purpose of the Peace Brigade  is  to  help  the
14    peoples of African nations in meeting their needs for trained
15    manpower,  particularly  in  meeting the basic needs of those
16    living in the poorest areas of those countries, and  to  help
17    promote  a better understanding of the citizens of this State
18    on the part of the peoples served and a better  understanding
19    of other peoples on the part of the citizens of this State.
20        (b)  The  General Assembly declares that it is the policy
21    of this State to promote the success of  the  descendants  of
22    persons  from  Africa  who reside in this State.  In order to
 
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 1    meet this  goal,  the  General  Assembly  finds  that  it  is
 2    necessary  to  provide  emergency resources, especially human
 3    resources, to the failing schools  in  the  urban  inner-city
 4    areas  of  this  State.  A purpose of the Peace Brigade is to
 5    provide those failing schools with  their  need  for  trained
 6    manpower  in meeting the basic and remedial educational needs
 7    of African-American students.

 8        Section 10.  Definitions.
 9        "Agency  of  the  United  States  government"  means  any
10    department, board, wholly or partially owned corporation,  or
11    other  instrumentality,  commission,  or establishment of the
12    United States.
13        "Council" means the Illinois Africa-America Peace Brigade
14    Advisory Council created by this Act.
15        "Director"   means   the   Director   of   the   Illinois
16    Africa-America Peace Brigade.
17        "Peace Brigade" means the Illinois  Africa-America  Peace
18    Brigade created by this Act.
19        "Secretary  of State" means the Secretary of State of the
20    United States.
21        "Volunteer",  unless  the  context  otherwise   requires,
22    includes  volunteer  leaders and applicants for enrollment as
23    volunteers.

24        Section  15.  Illinois  Africa-America   Peace   Brigade;
25    director and deputy director; rules.
26        (a)  There  is  created the Illinois Africa-America Peace
27    Brigade.  The Peace Brigade shall be under the direction of a
28    Director and a Deputy Director appointed by the Governor with
29    the advice and consent of the Senate.
30        (b)  The Director may adopt any rules necessary to  carry
31    out the purposes of this Act and to perform any of the duties
32    of the Peace Brigade.
 
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 1        Section 20. Powers and duties.
 2        (a)  The  Peace  Brigade  may  enter  into,  perform, and
 3    modify  contracts  and  agreements  with  and  may  otherwise
 4    cooperate with any agency of the  United  States  government,
 5    any state, any State agency, or any educational institutions,
 6    voluntary  agencies,  farm  organizations,  labor  unions, or
 7    other organizations, persons, or firms.
 8        (b)  The Director may, with the approval of the Secretary
 9    of  State,  assign  volunteers   to   temporary   duty   with
10    international organizations and agencies.
11        (c)  The Director  may  assign volunteers to duty or make
12    them available to any entity referred to in subsection (a) of
13    this  Section  in order to assist those entities in providing
14    development or other assistance to African nations.
15        (d)  In recognition of the fact that women in  developing
16    countries  play  a  significant  role in economic production,
17    family support, and  the  overall  development  process,  the
18    Peace  Brigade  shall,  whenever  possible,  give  particular
19    attention  to  programs  and  activities that integrate women
20    into the economies of African nations.
21        (e)  In recognition of the fact that 95% of the  disabled
22    people  in  the  world are among the poorest of the poor, the
23    Peace  Brigade  shall,  whenever  possible,  give  particular
24    attention to programs and activities that integrate  disabled
25    people into the economies of African nations.
26        (f) The Director may, in cooperation with the State Board
27    of  Education  and  the  State  Superintendent  of Education,
28    assign volunteers to duty in urban inner-city schools in this
29    State.

30        Section 25.  Approval by the Secretary of State.
31        (a)  Nothing in this Act shall be construed  to  infringe
32    upon  the  powers or functions of the Secretary of State.  In
33    carrying out the purposes of this Act, the Director must seek
 
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 1    the approval of the Secretary of State for  any  programs  or
 2    activities of the Peace Brigade in foreign nations.
 3        (b)  Except  with the approval of the Secretary of State,
 4    the Peace Brigade may not be assigned to perform services  in
 5    foreign  nations  that could more usefully be performed by an
 6    agency of the United States government.

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

13        Section 35.  Volunteers.
14        (a)  The  Director  may  enroll  in the Peace Brigade for
15    service in African nations and in urban inner-city schools in
16    this State qualified citizens of this State without regard to
17    race,  gender,  creed,  or  color.    No  political  test  or
18    qualification  may  be  used  in  selecting  any  person  for
19    enrollment as a volunteer. No person may be assigned to  duty
20    as  a  volunteer in any foreign country unless at the time of
21    the assignment he or she possess a reasonable proficiency  in
22    speaking  the language of the country to which he or she will
23    be assigned. The Director may, by rule, prescribe  any  other
24    qualifications for volunteers.
25        (b)  The  terms  and  conditions of service of volunteers
26    are  those  set  forth  in  this  Act  and  as  the  Director
27    prescribes. The service of any volunteer may be terminated at
28    the  pleasure  of  the  Director.   Upon  enrollment,   every
29    volunteer shall take an oath of office.
30        (c)  Subject   to   appropriations,   volunteers  may  be
31    provided with any living, travel, and  leave  allowances  and
32    any    housing,    transportation,    supplies,    equipment,
 
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 1    subsistence,  and  clothing  that  the Director determines is
 2    necessary for their maintenance and to  insure  their  health
 3    and their capacity to serve effectively.   Transportation and
 4    travel  allowances  may  also  be  provided,  as the Director
 5    determines, for applicants for enrollment as volunteers to or
 6    from places of training and  places  of  enrollment  and  for
 7    former volunteers from places of service to their homes.
 8        (d)  Subject to appropriations, volunteers who serve in a
 9    foreign  country  may receive a readjustment allowance, in an
10    amount  determined  by  the  Director,  for  each  month   of
11    satisfactory  service.   The  readjustment  allowance of each
12    volunteer is payable on his  or  her  return  to  the  United
13    States.  Under  circumstances  that  the Director determines,
14    however, the readjustment allowance, or any part thereof, may
15    be paid to the volunteer or members  of  his  or  her  family
16    during  the period of his or her service or before his or her
17    return to the United States.  In the event of  a  volunteer's
18    death   during   the  period  of  service,  the  readjustment
19    allowance shall be paid to his or her family.
20        (e)  Subject to appropriation, volunteers, applicants for
21    enrollment as volunteers, and former volunteers  may  receive
22    any  health examinations, immunizations, or health and dental
23    care that the Director deems necessary or appropriate.
24        (f)  In order to assure that the skills and experience of
25    former volunteers  are  fully  used,  the  Director  may,  in
26    cooperation  with  agencies  of the United States government,
27    State agencies, private employers, educational  institutions,
28    and  other  entities,  counsel  volunteers  with  respect  to
29    opportunities for further education and employment.
30        (g)  Notwithstanding   any   other   provision   of  law,
31    attorneys may be employed and attorneys' fees,  court  costs,
32    bail,  and  other  expenses  incidental  to  the  defense  of
33    volunteers  may be paid in foreign judicial or administrative
34    proceedings to which volunteers have been made parties.
 
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 1        (h)  Subject to appropriation, the minor  children  of  a
 2    volunteer that are living with the volunteer may receive:
 3             (1)  any   living,   travel,  education,  and  leave
 4        allowances and any housing, transportation,  subsistence,
 5        and clothing that the Director determines;
 6             (2)  any   health   care,   including   health  care
 7        following the  volunteer's  service  for  an  illness  or
 8        injury  incurred  during  the period of service, that the
 9        Director determines;
10             (3)  any orientation, language, and  other  training
11        that the Director determines; and
12             (4)  the  benefits of subsection (g) of this Section
13        on the same basis of volunteers.
14        (i)  Subject to appropriations, the cost of  packing  and
15    unpacking,  transporting  to and from a place of storage, and
16    storing the furniture and household and personal effects of a
17    volunteer who has one or more minor children at the  time  of
18    his  or her entering pre-enrollment training may be paid from
19    the date of his or her departure from his  or  her  place  of
20    residence  to  enter  training  until  no later than 3 months
21    after his or her service is terminated.

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

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

 4        Section 50.  Applications; background check; enrollment.
 5        (a)  Applicants  for enrollment as volunteers must submit
 6    any  information,  including  fingerprints  taken  by  a  law
 7    enforcement officer, that the Director  requires  on  a  form
 8    furnished  by  the  Director.  The Director shall provide any
 9    information  necessary  for  a  background   check   to   the
10    Department of State Police. The Director may request that the
11    Secretary  of  State  conduct  a security investigation of an
12    applicant for enrollment for service in a foreign nation.
13        (b)  If the Director is satisfied that an applicant meets
14    the qualifications for a volunteer and  after  the  applicant
15    completes  any  pre-enrollment  training  that  the  Director
16    requires, the applicant may be enrolled as a  volunteer.

17        Section   55.  Illinois   Africa-America   Peace  Brigade
18    Advisory Council.
19        (a)  The Illinois Africa-America Peace  Brigade  Advisory
20    Council  is  created.    The  Council  consists of 15 members
21    appointed by the Governor, with the advice and consent of the
22    Senate.   Members   of   the   Council   shall   be   broadly
23    representative  of  the general public, including educational
24    institutions; private volunteer agencies;  private  industry;
25    farm  organizations;  labor  unions; different regions of the
26    State; different educational, economic, racial, and  national
27    backgrounds;  different  age  groupings; and both genders. No
28    member of the Council may be a State employee.
29        (b)  The first appointments of  members  of  the  Council
30    shall  be made not more than 60 days after the effective date
31    of this Act.  Of the members initially appointed  under  this
32    Section,  8  shall be appointed to one-year terms and 7 shall
 
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 1    be appointed to 2-year terms.  Thereafter, all members  shall
 2    serve  2-year  terms.  No  member  may  serve for more than 2
 3    consecutive 2-year terms.
 4        Members of the Council  serve  at  the  pleasure  of  the
 5    Governor.   A  member of the Council may be removed by a vote
 6    of 9  members  for  malfeasance  in  office,  for  persistent
 7    neglect  of or inability to discharge duties, or for offenses
 8    involving moral turpitude.
 9        Within 30 days after any vacancy occurs in the office  of
10    a  member  of  the  Council,  the  Governor shall nominate an
11    individual to fill the vacancy.  A member appointed to fill a
12    vacancy occurring before the expiration of the term for which
13    the member's predecessor was  appointed  shall  be  appointed
14    only for the remainder of that term.
15        (c)  Subject to appropriation, members of the Council may
16    be  compensated  for  each day (including travel time) during
17    which the member is engaged in the actual performance of  his
18    or  her  duties as a Council member.  Members may not receive
19    compensation for more than 20 days in any calendar year.
20        (d)  A member of the Council must disclose to the Council
21    the existence of any direct or indirect financial interest in
22    any particular matter before the Council and may not vote  or
23    otherwise  participate  as  a  Council member with respect to
24    that matter.
25        (e)  At its  first  meeting  and  at  its  first  regular
26    meeting  in  each  calendar year thereafter, the Council must
27    elect a chair and a vice-chair from its members.   The  chair
28    and  vice-chair  may  not  be  members  of the same political
29    party.
30        (f)  The Council must hold a regular meeting during  each
31    calendar year and shall meet at the call of the Governor, the
32    Director,  the  chair,  or  1/4  of its members.  The Council
33    shall adopt any by-laws and rules that it considers necessary
34    to carry out its  functions.   The  by-laws  and  rules  must
 
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 1    include procedures for fixing the time and place of meetings,
 2    giving  or waiving notice of meetings, and keeping minutes of
 3    meetings. A majority of the members of the Council constitute
 4    a quorum for the purposes of transacting any business.
 5        (g)  The Council shall evaluate  the  accomplishments  of
 6    the  Peace Brigade, assess the potential capabilities and the
 7    future role of the Peace Brigade, and make recommendations to
 8    the Governor, the Director, and,  as  the  Council  considers
 9    appropriate,  the General Assembly for the purpose of guiding
10    the future direction of the Peace Brigade and of  helping  to
11    ensure  that  the  purposes and programs of the Peace Brigade
12    are carried out  in  ways  that  are  economical,  efficient,
13    responsive to changing needs, and in accordance with the law.
14    The Council may also make any other evaluations, assessments,
15    and recommendations it considers appropriate.
16        Subject to appropriation, the Council may conduct on-site
17    inspections  and  make  examinations of the activities of the
18    Peace Brigade in other countries.
19        (h)  Not later than January 1 of each year,  the  Council
20    must  submit to the Governor and the Director a report on its
21    views on the programs and activities of  the  Peace  Brigade.
22    Each  report  must  contain  a  summary  of   the  advice and
23    recommendations  of  the  Council.  Within  90   days   after
24    receiving  the report, the Governor must submit the report to
25    the General Assembly, together with any  comments  concerning
26    the  report  that  the  Governor  or  the  Director considers
27    appropriate.
28        (i)  The Director shall make available to the Council any
29    personnel, administrative  support  services,  and  technical
30    assistance necessary to carry out its functions effectively.

31        Section  60.  Report.   At  least once during each fiscal
32    year, the Governor must report on the programs and activities
33    of the Peace Brigade under this Act to the General  Assembly.
 
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 1    The report must include:
 2             (1)  a  description  of the purpose and scope of any
 3        project that  the  Peace  Brigade  undertook  during  the
 4        preceding fiscal year; and
 5             (2)  recommendations  for  improving coordination of
 6        projects between the Peace Brigade,  the  United  States,
 7        and other State agencies.

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

12        (20 ILCS 5/5-15) (was 20 ILCS 5/3)
13        Sec.  5-15.   Departments  of  State   government.    The
14    Departments of State government are created as follows:
15        The Department on Aging.
16        The Department of Agriculture.
17        The Department of Central Management Services.
18        The Department of Children and Family Services.
19        The Department of Commerce and Community Affairs.
20        The Department of Corrections.
21        The Department of Employment Security.
22        The Department of Financial Institutions.
23        The Department of Human Rights.
24        The Department of Human Services.
25        The Department of Insurance.
26        The Department of Labor.
27        The Department of the Lottery.
28        The Department of Natural Resources.
29        The Department of Nuclear Safety.
30        The Department of Professional Regulation.
31        The Department of Public Aid.
32        The Department of Public Health.
 
                            -11-     LRB093 05735 RCE 16127 a
 1        The Department of Revenue.
 2        The Department of State Police.
 3        The Department of Transportation.
 4        The Department of Veterans' Affairs.
 5        The Illinois Africa-America Peace Brigade.
 6    (Source: P.A. 91-239, eff. 1-1-00.)

 7        (20 ILCS 5/5-20) (was 20 ILCS 5/4)
 8        Sec.  5-20.  Heads of departments.  Each department shall
 9    have an officer as its head who shall be known as director or
10    secretary and who shall, subject to  the  provisions  of  the
11    Civil Administrative Code of Illinois, execute the powers and
12    discharge  the  duties vested by law in his or her respective
13    department.
14        The following officers are hereby created:
15        Director of Aging, for the Department on Aging.
16        Director  of   Agriculture,   for   the   Department   of
17    Agriculture.
18        Director   of   Central   Management  Services,  for  the
19    Department of Central Management Services.
20        Director  of  Children  and  Family  Services,  for   the
21    Department of Children and Family Services.
22        Director  of  Commerce  and  Community  Affairs,  for the
23    Department of Commerce and Community Affairs.
24        Director  of   Corrections,   for   the   Department   of
25    Corrections.
26        Director  of  Employment  Security, for the Department of
27    Employment Security.
28        Director of Financial Institutions, for the Department of
29    Financial Institutions.
30        Director of Human Rights, for  the  Department  of  Human
31    Rights.
32        Secretary  of Human Services, for the Department of Human
33    Services.
 
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 1        Director of Insurance, for the Department of Insurance.
 2        Director of Labor, for the Department of Labor.
 3        Director of  the  Lottery,  for  the  Department  of  the
 4    Lottery.
 5        Director  of  Natural  Resources,  for  the Department of
 6    Natural Resources.
 7        Director of Nuclear Safety, for the Department of Nuclear
 8    Safety.
 9        Director of Professional Regulation, for  the  Department
10    of Professional Regulation.
11        Director of Public Aid, for the Department of Public Aid.
12        Director  of  Public Health, for the Department of Public
13    Health.
14        Director of Revenue, for the Department of Revenue.
15        Director of State Police, for  the  Department  of  State
16    Police.
17        Secretary   of  Transportation,  for  the  Department  of
18    Transportation.
19        Director of Veterans'  Affairs,  for  the  Department  of
20    Veterans' Affairs.
21        Director  of  the  Illinois Africa-America Peace Brigade,
22    for the Illinois Africa-America Peace Brigade.
23    (Source: P.A. 91-239, eff. 1-1-00.)

24        (20 ILCS 5/5-425 new)
25        Sec.  5-425.  In  the   Illinois   Africa-America   Peace
26    Brigade.   The  Director  and  the  Assistant Director of the
27    Illinois Africa-America Peace Brigade  shall  receive  annual
28    salaries  that  are  the same as the salaries of the Director
29    and Assistant Director of  Agriculture,  respectively,  until
30    such  time  as  their  salaries  are  set by the Compensation
31    Review Board, and thereafter shall receive salaries as set by
32    the Compensation Review Board.
 
                            -13-     LRB093 05735 RCE 16127 a
 1        Section 805.  The Department of State Police Law  of  the
 2    Civil  Administrative  Code  of Illinois is amended by adding
 3    Section 2605-345 as follows:

 4        (20 ILCS 2605/2605-345 new)
 5        Sec. 2605-345.  Criminal  background  investigations  for
 6    the  Illinois Africa-America Peace Brigade.  Upon the request
 7    of the Director of the Illinois Africa-America Peace Brigade,
 8    to conduct criminal background investigations  of  applicants
 9    for  enrollment  as volunteers in the Illinois Africa-America
10    Peace Brigade and to report any criminal history  information
11    to the Director of the Illinois Africa-America Peace Brigade.
12    The  request shall be in the form and manner specified by the
13    Department.".