093_HB2605eng

 
HB2605 Engrossed                     LRB093 10443 RCE 10697 b

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

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

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

 7        Section 5.  Legislative declaration.
 8        (a)  The  General Assembly declares that it is the policy
 9    of this State to promote peace and  friendship  with  African
10    nations  through  the  Illinois Africa-America Peace Brigade.
11    The Peace Brigade shall make available to interested  African
12    nations  men  and  women  of this State qualified for service
13    abroad and willing to serve under conditions of  hardship  if
14    necessary.   A  purpose  of  the Peace Brigade is to help the
15    peoples of African nations in meeting their needs for trained
16    manpower, particularly in meeting the basic  needs  of  those
17    living  in  the poorest areas of those countries, and to help
18    promote a better understanding of the citizens of this  State
19    on  the part of the peoples served and a better understanding
20    of other peoples on the part of the citizens of this State.
21        (b) The General Assembly declares that it is  the  policy
22    of  this  State  to promote the success of the descendants of
23    persons from Africa who reside in this State.   In  order  to
24    meet  this  goal,  the  General  Assembly  finds  that  it is
25    necessary to provide emergency  resources,  especially  human
26    resources,  to  the  failing  schools in the urban inner-city
27    areas of this State.  A purpose of the Peace  Brigade  is  to
28    provide  those  failing  schools  with their need for trained
29    manpower in meeting the basic and remedial educational  needs
30    of African-American students.
 
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 1        Section 10.  Definitions.
 2        "Agency  of  the  United  States  government"  means  any
 3    department,  board, wholly or partially owned corporation, or
 4    other instrumentality, commission, or  establishment  of  the
 5    United States.
 6        "Council" means the Illinois Africa-America Peace Brigade
 7    Advisory Council created by this Act.
 8        "Director"   means   the   Director   of   the   Illinois
 9    Africa-America Peace Brigade.
10        "Peace  Brigade"  means the Illinois Africa-America Peace
11    Brigade created by this Act.
12        "Secretary of State" means the Secretary of State of  the
13    United States.
14        "Volunteer",   unless  the  context  otherwise  requires,
15    includes volunteer leaders and applicants for  enrollment  as
16    volunteers.

17        Section   15.  Illinois   Africa-America  Peace  Brigade;
18    director and deputy director; rules.
19        (a)  There is created the Illinois  Africa-America  Peace
20    Brigade.  The Peace Brigade shall be under the direction of a
21    Director and a Deputy Director appointed by the Governor with
22    the advice and consent of the Senate.
23        (b)  The  Director may adopt any rules necessary to carry
24    out the purposes of this Act and to perform any of the duties
25    of the Peace Brigade.

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

23        Section 25.  Approval by the Secretary of State.
24        (a)  Nothing  in  this Act shall be construed to infringe
25    upon the powers or functions of the Secretary of  State.   In
26    carrying out the purposes of this Act, the Director must seek
27    the  approval  of  the Secretary of State for any programs or
28    activities of the Peace Brigade in foreign nations.
29        (b)  Except with the approval of the Secretary of  State,
30    the  Peace Brigade may not be assigned to perform services in
31    foreign nations that could more usefully be performed  by  an
32    agency of the United States government.
 
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 1        Section  30.  Employees,  experts,  and  consultants. The
 2    Peace Brigade may employ any personnel,  in  accordance  with
 3    the  Personnel  Code,  that may be necessary to carry out the
 4    purposes of this Act.   The  Peace  Brigade  may  enter  into
 5    contracts  with  any  experts  and  consultants that it deems
 6    necessary to carry out the purposes of this Act.

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

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

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

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

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

24        Section 60.  Report.  At least once  during  each  fiscal
25    year, the Governor must report on the programs and activities
26    of  the Peace Brigade under this Act to the General Assembly.
27    The report must include:
28             (1)  a description of the purpose and scope  of  any
29        project  that  the  Peace  Brigade  undertook  during the
30        preceding fiscal year; and
31             (2)  recommendations for improving  coordination  of
32        projects  between  the  Peace Brigade, the United States,
33        and other State agencies.
 
HB2605 Engrossed            -10-     LRB093 10443 RCE 10697 b
 1        Section 800.  The Departments of State Government Law  of
 2    the  Civil  Administrative  Code  of  Illinois  is amended by
 3    changing Sections 5-15 and 5-20 and by adding  Section  5-425
 4    as follows:

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

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

16        (20 ILCS 5/5-425 new)
17        Sec.   5-425.  In   the   Illinois  Africa-America  Peace
18    Brigade.  The Director and  the  Assistant  Director  of  the
19    Illinois  Africa-America  Peace  Brigade shall receive annual
20    salaries that are the same as the salaries  of  the  Director
21    and  Assistant  Director  of Agriculture, respectively, until
22    such time as their  salaries  are  set  by  the  Compensation
23    Review Board, and thereafter shall receive salaries as set by
24    the Compensation Review Board.

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

28        (20 ILCS 2605/2605-345 new)
29        Sec.  2605-345.  Criminal  background  investigations for
30    the Illinois Africa-America Peace Brigade.  Upon the  request
31    of the Director of the Illinois Africa-America Peace Brigade,
 
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 1    to  conduct  criminal background investigations of applicants
 2    for enrollment as volunteers in the  Illinois  Africa-America
 3    Peace  Brigade and to report any criminal history information
 4    to the Director of the Illinois Africa-America Peace Brigade.
 5    The request shall be in the form and manner specified by  the
 6    Department.