State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

90_SB1712enr

      20 ILCS 405/67.35
          Amends  the  Civil  Administrative  Code   of   Illinois.
      Changes the caption of the Section dealing with the Office of
      Lieutenant  Governor  to  specify the Lieutenant Governor "of
      Illinois".  Effective immediately.
                                                     LRB9011652JMmb
SB1712 Enrolled                                LRB9011652JMmb
 1        AN ACT concerning the Lieutenant Governor.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The Illinois Act on the Aging is amended by
 5    changing Section 8.01 as follows:
 6        (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
 7        Sec.  8.01.   Coordinating   Committee;   members.    The
 8    Coordinating   Committee  of  State  Agencies  Serving  Older
 9    Persons shall consist of the Director of  the  Department  on
10    Aging  as Chairman, the Director of the Lieutenant Governor's
11    Office of Volunteer and  Senior  Action  Centers,  the  State
12    Superintendent of Education, the Secretary of Human Services,
13    the  Secretary  of  Transportation,  and the Directors of the
14    following Departments or agencies: Labor; Veterans'  Affairs;
15    Public  Health;  Public  Aid;  Children  and Family Services;
16    Commerce and Community Affairs; Insurance; Revenue;  Illinois
17    Housing Development Authority; and Comprehensive State Health
18    Planning.
19    (Source:  P.A.  88-54;  89-249,  eff.  8-4-95;  89-507,  eff.
20    7-1-97.)
21        Section 10.  The Civil Administrative Code of Illinois is
22    amended by changing Sections 46.53 and 67.35 as follows:
23        (20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
24        Sec. 46.53. Keep Illinois Beautiful.
25        (a)  There is created the Keep Illinois Beautiful Program
26    Advisory  Board  consisting  of  7  members  appointed by the
27    Governor with the advice and consent of the Senate.  Of those
28    7, 4 shall be appointed from a list  of  at  least  10  names
29    submitted  by  the  boards  of  directors  from  the  various
SB1712 Enrolled             -2-                LRB9011652JMmb
 1    certified   community  programs.   Each  certified  community
 2    program may submit only one recommendation to  be  considered
 3    by  the  Governor.   The  Lieutenant Governor or his designee
 4    shall be a member and serve as Chairman, except that (i) when
 5    Section 6 of  Article  V  of  the  Illinois  Constitution  is
 6    operative  the officer next in line of succession shall serve
 7    as Chairman and (ii) until January 11, 1999  9,  1995,  while
 8    the  office  of  Lieutenant Governor is otherwise vacant, the
 9    powers and duties  of  the  Lieutenant  Governor  under  this
10    Section  shall be carried out as provided in Section 67.35 of
11    the Civil Administrative Code of Illinois.  The  Board  shall
12    meet at least quarterly at the discretion of the Chairman and
13    at such other times as the Chairman or any 4 members consider
14    necessary.  Four members shall constitute a quorum.
15        (b)  The  purpose  of  the Board shall be to assist local
16    governments and community organizations in:
17             (1)  educating  the  public  about  the   need   for
18        recycling and reducing solid waste;
19             (2)  promoting  the  establishment  of recycling and
20        programs that reduce litter and other solid waste through
21        re-use and diversion;
22             (3)  developing local markets for recycled products;
23             (4)  cooperating with other State agencies and  with
24        local governments having environmental responsibilities;
25             (5)  seeking    funding    from   governmental   and
26        non-governmental sources.
27        (c)  The Lieutenant Governor shall  employ  and  fix  the
28    salary   of  a  Statewide  coordinator  who,  to  the  extent
29    possible,  shall  assist  local  governments  and   community
30    organizations  that  plan  to implement programs set forth in
31    subsection (b).  The Board shall establish guidelines for the
32    certification by the Board of local governments and community
33    organizations.   Such  guidelines  shall  be  approved  by  a
34    majority of the members of the Board.
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 1        The Statewide coordinator may encourage local governments
 2    and community organizations to  apply  for  certification  of
 3    programs  by  the  Board.  However, the Statewide coordinator
 4    shall give equal consideration to  newly  certified  programs
 5    and older certified programs.
 6        The  Statewide coordinator shall submit proposed programs
 7    to the Board.  The Board shall approve program proposals by a
 8    majority vote of the quorum present.  In no event  shall  the
 9    Board  veto  a  program  by a vote of fewer than 4 members. A
10    vetoed proposal may  be  resubmitted  to  the  Board  by  the
11    Statewide coordinator after necessary changes in the proposal
12    have been made.
13        The  Keep Illinois Beautiful Fund is created as a special
14    fund in the  State  treasury.   Moneys  from  any  public  or
15    private  source  may  be  deposited  into  the  Keep Illinois
16    Beautiful Fund.  Moneys in the Keep Illinois  Beautiful  Fund
17    shall  be appropriated only for the purposes of this Section.
18    Pursuant to action by the Board, the Lieutenant Governor  may
19    authorize  grants  from  moneys  appropriated  from  the Keep
20    Illinois  Beautiful  Fund  for  certified   community   based
21    programs  for  up  to  50%  of the cash needs of the program;
22    provided, that at least 50% of the needs of the program shall
23    be contributed to the program in cash, and not  in  kind,  by
24    local sources.
25        Moneys   appropriated   for   certified  community  based
26    programs in municipalities of more than 1,000,000  population
27    shall  be itemized separately and may not be disbursed to any
28    other community.
29    (Source: P.A. 88-186; 88-553.)
30        (20 ILCS 405/67.35)
31        Sec.  67.35.  Matters  relating  to  the  Office  of  the
32    Lieutenant Governor.
33        (a)  It is the purpose of this Section to provide for the
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 1    administration of the affairs of the Office of the Lieutenant
 2    Governor during  a  period  when  the  Office  of  Lieutenant
 3    Governor is vacant.
 4        It  is the intent of the General Assembly that all powers
 5    and duties of the Lieutenant Governor assumed  and  exercised
 6    by   the   Director   of  Central  Management  Services,  the
 7    Department  of  Central  Management  Services,   or   another
 8    Director,  State  employee, or State agency designated by the
 9    Governor under the provisions of this amendatory Act of  1998
10    1994  be  reassumed by the Lieutenant Governor on January 11,
11    1999 9, 1995.
12        (b)  Until January 11, 1999 9, 1995, while the office  of
13    Lieutenant  Governor  is  vacant,  the  Director  of  Central
14    Management  Services shall assume and exercise the powers and
15    duties given to the Lieutenant Governor  under  the  Illinois
16    Commission  on  Community  Service  Act Lieutenant Governor's
17    Office of Voluntary Action Act, Section 46.53  of  this  Code
18    (relating  to  the  Keep Illinois Beautiful program), Section
19    12-1  of  the  State  Finance  Act,  the  Employee  Ownership
20    Assistance Act, the Gifts and Grants to Government  Act,  and
21    the Illinois Distance Learning Foundation Act.
22        The  Director  of  Central  Management Services shall not
23    assume or  exercise  the  powers  and  duties  given  to  the
24    Lieutenant Governor under the Rural Bond Bank Act.
25        (c)  Until  January 11, 1999 9, 1995, while the office of
26    Lieutenant Governor is  vacant,  the  Department  of  Central
27    Management  Services shall assume and exercise the powers and
28    duties given to the Office of the Lieutenant  Governor  under
29    Section  2-3.112  of  the  School  Code,  the  Illinois River
30    Watershed Restoration Act, the Illinois Wildlife Prairie Park
31    Act, Section 12-1 of the State Finance  Act,  the  Lieutenant
32    Governor's  Office  of  Voluntary Action Act and the Illinois
33    Distance Learning Foundation Act.
34        (c-5)  Notwithstanding subsection (c): (i)  the  Governor
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 1    shall  appoint  an  interim  member,  who  shall  be  interim
 2    chairperson, of the Illinois River Coordinating Council while
 3    the office of the Lieutenant Governor is vacant until January
 4    11,  1999  and  (ii)  the  Governor  shall appoint an interim
 5    member, who shall be interim  chairperson,  of  the  Illinois
 6    Wildlife  Prairie  Park  Commission  while  the office of the
 7    Lieutenant Governor is vacant until January 11, 1999.
 8        (d)  Until January 11, 1999 9, 1995, while the office  of
 9    Lieutenant  Governor  is  vacant,  the  Department of Central
10    Management Services may assume and exercise  the  powers  and
11    duties that have been delegated to the Lieutenant Governor by
12    the Governor.
13        (e)  Until  January 11, 1999 9, 1995, while the office of
14    Lieutenant Governor is vacant, appropriations to  the  Office
15    of  the  Lieutenant Governor may be obligated and expended by
16    the Department  of  Central  Management  Services,  with  the
17    authorization of the Director of Central Management Services,
18    for  the  purposes  specified in those appropriations.  These
19    obligations and expenditures shall continue to  be  accounted
20    for  as  obligations  and  expenditures  of the Office of the
21    Lieutenant Governor.
22        (f)  Until January 11, 1999 9, 1995, while the office  of
23    Lieutenant Governor is vacant, all employees of the Office of
24    the  Lieutenant  Governor  who  are  needed  to carry out the
25    responsibilities of the Office are temporarily reassigned  to
26    the   Department   of   Central  Management  Services.   This
27    reassignment shall not be deemed to constitute new employment
28    or to change the terms or conditions  of  employment  or  the
29    qualifications  required  of  the  employees, except that the
30    reassigned employees shall be subject to supervision  by  the
31    Department during the temporary reassignment period.
32        (g)  Until  January 11, 1999 9, 1995, while the office of
33    Lieutenant Governor is  vacant,  the  Department  of  Central
34    Management Services shall temporarily assume and exercise the
SB1712 Enrolled             -6-                LRB9011652JMmb
 1    powers  and  duties  of the Office of the Lieutenant Governor
 2    under  contracts  to  which  the  Office  of  the  Lieutenant
 3    Governor is a party.  The assumption  of  rights  and  duties
 4    under this subsection shall not be deemed to change the terms
 5    or conditions of the contract.
 6        The  Department of Central Management Services may amend,
 7    extend, or terminate any such contract in accordance with its
 8    terms; may agree to terminate a contract at  the  request  of
 9    the  other party; and may, with the approval of the Governor,
10    enter into new contracts on  behalf  of  the  Office  of  the
11    Lieutenant Governor.
12        (h)  The  Governor  may  designate  a  State  employee or
13    director  other  than  the  Director  of  Central  Management
14    Services or a State  agency  other  than  the  Department  of
15    Central  Management  Services  to  assume  and  exercise  any
16    particular  power or duty that would otherwise be assumed and
17    exercised by the Director of Central Management  Services  or
18    the   Department   of   Central   Management  Services  under
19    subsection (b), (c), or (d) of this Section.
20        Except as provided below, if the  Governor  designates  a
21    State employee or director other than the Director of Central
22    Management   Services  or  a  State  agency  other  than  the
23    Department of Central Management  Services,  that  person  or
24    agency  shall  be  responsible  for those duties set forth in
25    subsections (e), (f), and (g) that  directly  relate  to  the
26    designation of duties under subsections (b), (c), and (d).
27        If  the  Governor's  designation relates to duties of the
28    Commission on Community  Service  Voluntary  Action  Advisory
29    Council  or the Distance Learning Foundation, the Director of
30    Central Management Services and  the  Department  of  Central
31    Management  Services  may,  if  so  directed by the Governor,
32    continue to be responsible for  those  duties  set  forth  in
33    subsections (e), (f), and (g) relating to that designation.
34        (i)  Business  transacted  under  the  authority  of this
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 1    Section by entities other than the Office of  the  Lieutenant
 2    Governor  shall be transacted on behalf of and in the name of
 3    the Office of  the  Lieutenant  Governor.   Property  of  the
 4    Office  of  the Lieutenant Governor shall remain the property
 5    of that Office  and  may  continue  to  be  used  by  persons
 6    performing  the  functions  of that Office during the vacancy
 7    period, except as otherwise directed by the Governor.
 8    (Source: P.A. 88-553; 89-445, eff. 2-7-96.)
 9        Section 13.  The Illinois Commission on Community Service
10    Act is amended by adding Section 10 as follows:
11        (20 ILCS 710/10 new)
12        Sec. 10.  Civil Administrative Code.  To the extent  that
13    Section 67.35 of the Civil Administrative Code of Illinois is
14    applicable to this Act, this Act is subject to the provisions
15    of   Section  67.35  of  the  Civil  Administrative  Code  of
16    Illinois.
17        Section 15.  The Illinois River Watershed Restoration Act
18    is amended by changing Section 15 as follows:
19        (20 ILCS 3967/15)
20        Sec. 15. Illinois River Coordinating Council.
21        (a)  There is established the Illinois River Coordinating
22    Council, consisting of 13 voting members to be  appointed  by
23    the Governor. One member shall be the Lieutenant Governor who
24    shall  serve  as  a  voting  member and as chairperson of the
25    Council.  The Agency members of the Council shall include the
26    Director, or his or her designee, of each  of  the  following
27    agencies:    the Department of Agriculture, the Department of
28    Commerce and Community Affairs,  the  Illinois  Environmental
29    Protection  Agency,  the Department of Natural Resources, and
30    the Department of Transportation.  In addition,  the  Council
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 1    shall   include   one  member  representing  Soil  and  Water
 2    Conservation Districts located within the  Watershed  of  the
 3    Illinois River and its tributaries and 6 members representing
 4    local  communities,  not-for-profit  organizations working to
 5    protect the Illinois River Watershed, business,  agriculture,
 6    recreation,  conservation, and the environment.  The Governor
 7    may,  at  his  or   her   discretion,   appoint   individuals
 8    representing   federal  agencies  to  serve  as  ex  officio,
 9    non-voting members.
10        (b)  Members of the Council  shall  serve  2-year  terms,
11    except  that  of the initial appointments, 5 members shall be
12    appointed to serve  3-year  terms  and  4  members  to  serve
13    one-year terms.
14        (c)  The Council shall meet at least quarterly.
15        (d)  The  Office  of  the  Lieutenant  Governor  shall be
16    responsible for the operations of the  Council.   The  Office
17    may  reimburse  members  of  the  Council  for  ordinary  and
18    contingent  expenses  incurred  in the performance of Council
19    duties.
20        (e)  This Section is subject to the provisions of Section
21    67.35 of the Civil Administrative Code of Illinois.
22    (Source: P.A. 90-120, eff. 7-16-97.)
23        Section 20.  The Illinois Wildlife Prairie  Park  Act  is
24    amended by changing Section 15 as follows:
25        (20 ILCS 4029/15)
26        Sec.  15.  Illinois Wildlife Prairie Park Commission. The
27    Illinois Wildlife  Prairie  Park  Commission  is  created  to
28    accept  moneys  from  the  State  and other private or public
29    entities on behalf of the Illinois Wildlife Prairie Park  and
30    to  oversee  the financial management of any such moneys used
31    for the benefit of the Illinois Wildlife Prairie  Park.   The
32    Commission shall be composed of 5 members.  Membership of the
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 1    Commission  shall be composed of the Lieutenant Governor, who
 2    shall  be the chairman of the Commission, and 4 other persons
 3    appointed by the Governor, with the advice and consent of the
 4    Senate, who have  demonstrated  an  interest  in  recreation,
 5    education,   and   the  conservation  of  natural  resources,
 6    including the propagation of wild flowers and plants and  the
 7    habitat  for  native  fauna.  All members shall be ex officio
 8    directors of the board of the Foundation or the  Foundation's
 9    successor.    Members  of  the  Commission  appointed  by the
10    Governor shall be appointed for terms of 4  years  and  until
11    their   successors   are  appointed;  provided  that  of  the
12    Commissioners first appointed, one shall serve a  term  of  2
13    years,  one  shall serve a term of 3 years, and 2 shall serve
14    terms of 4 years as determined by drawing lots.   Members  of
15    the  Commission  shall  receive  no  compensation  for  their
16    services,  except  for  their  actual  and necessary expenses
17    incurred in the performance of their official duties.   Three
18    members  of  the  Commission  shall constitute a quorum to do
19    business, and the concurrence of at least 3 members shall  be
20    necessary  for a decision.  The Commission shall hold regular
21    quarterly meetings.  Special meetings may be  called  by  the
22    chairperson  and shall be called on the request of a majority
23    of members, as may be required.
24        The Commission shall provide  for  the  proper  and  safe
25    keeping  of  its permanent records. It shall keep a system of
26    accounts showing a true and accurate record of  its  receipts
27    and  disbursements, and it shall cause an audit to be made of
28    its books, records, and accounts.
29        The records of the Commission shall be subject to  public
30    inspection   at   all     reasonable  hours  and  under  such
31    regulations as the members may prescribe.
32        The Commission shall annually make a  full  and  complete
33    report  to  the  Governor  and  the  General  Assembly of the
34    transactions  and  operations  of  the  Commission  for   the
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 1    preceding year.  The report shall contain a full statement of
 2    the  Commission's  receipts and disbursements and the program
 3    of  work  for  the  period  covered,  and  may  include  such
 4    recommendations as may be  deemed advisable.
 5        This Section is subject  to  the  provisions  of  Section
 6    67.35 of the Civil Administrative Code of Illinois.
 7    (Source: P.A. 90-501, eff. 8-19-97.)
 8        Section 25.  The State Finance Act is amended by changing
 9    Section 12-1 as follows:
10        (30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
11        Sec. 12-1. Travel control boards.
12        (a)  The following travel control boards are created with
13    the members and jurisdiction set forth below:
14             (1)  A  Travel  Control  Board is created within the
15        Office of the Attorney General consisting of the Attorney
16        General as chairman and  2  members  of  his  supervisory
17        staff   appointed   by   him.    The   board  shall  have
18        jurisdiction over travel by employees of the office.
19             (2)  A Travel Control Board is  created  within  the
20        Office   of  the  State  Comptroller  consisting  of  the
21        Comptroller as chairman and 2 members of his  supervisory
22        staff   appointed   by   him.    The   board  shall  have
23        jurisdiction over travel by employees of the office.
24             (3)  The Higher Education Travel Control Board shall
25        consist of 11 members, one to be appointed by each of the
26        following:  the Board of Trustees of  the  University  of
27        Illinois,  the  Board  of  Trustees  of Southern Illinois
28        University,  the  Board  of  Trustees  of  Chicago  State
29        University, the Board of  Trustees  of  Eastern  Illinois
30        University,  the  Board  of  Trustees  of Governors State
31        University, the  Board  of  Trustees  of  Illinois  State
32        University,   the   Board  of  Trustees  of  Northeastern
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 1        Illinois University, the Board of  Trustees  of  Northern
 2        Illinois  University,  the  Board  of Trustees of Western
 3        Illinois University, the Illinois Community College Board
 4        and the Illinois Board of Higher Education.  Each  member
 5        shall  be  an  officer,  member  or employee of the board
 6        making the appointment, or of an institution governed  or
 7        maintained   by   such   board.   The  board  shall  have
 8        jurisdiction  over  travel  by  the   Board   of   Higher
 9        Education,  the  Board  of  Trustees of the University of
10        Illinois, the Board  of  Trustees  of  Southern  Illinois
11        University,  the  Board  of  Trustees  of  Chicago  State
12        University,  the  Board  of  Trustees of Eastern Illinois
13        University, the Board  of  Trustees  of  Governors  State
14        University,  the  Board  of  Trustees  of  Illinois State
15        University,  the  Board  of  Trustees   of   Northeastern
16        Illinois  University,  the  Board of Trustees of Northern
17        Illinois University, the Board  of  Trustees  of  Western
18        Illinois   University,  the  Illinois  Community  College
19        Board, the State Community College of East St. Louis, the
20        Illinois  State   Scholarship   Commission,   the   State
21        Universities  Retirement  System,  the  University  Civil
22        Service  Merit  Board,  the  Board  of  Trustees  of  the
23        Illinois   Mathematics   and  Science  Academy   and  all
24        employees of the named Boards, Commission and System  and
25        of  the  institutions governed or maintained by the named
26        Boards.  The Higher Education Travel Control Board  shall
27        select a chairman from among its members.
28             (4)  The  Legislative  Travel  Control  Board  shall
29        consist of the following members serving ex-officio:  The
30        Auditor  General  as  chairman,  the  President  and  the
31        Minority  Leader  of  the  Senate and the Speaker and the
32        Minority Leader of the  House  of  Representatives.   The
33        board  shall  have  jurisdiction over travel by employees
34        of:   the  General  Assembly,  legislative   boards   and
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 1        commissions,  the  Office  of the Auditor General and all
 2        legislative agencies.
 3             (5)  A Travel Control Board is  created  within  the
 4        Office  of  the  Lieutenant  Governor  consisting  of the
 5        Lieutenant Governor as chairman  and  2  members  of  his
 6        supervisory staff appointed by him.  The board shall have
 7        jurisdiction  over travel by employees of the office. The
 8        Travel Control Board within the office of the  Lieutenant
 9        Governor is subject to the provisions of Section 67.35 of
10        the Civil Administrative Code of Illinois.
11             (6)  A  Travel  Control  Board is created within the
12        Office of  the  Secretary  of  State  consisting  of  the
13        Secretary  of  State  as  chairman,  and 2 members of his
14        supervisory staff appointed by him.  The board shall have
15        jurisdiction over travel by employees of the office.
16             (7)  A Travel Control Board is  created  within  the
17        Judicial  Branch  consisting  of a chairman and 2 members
18        appointed by the Supreme  Court.  The  board  shall  have
19        jurisdiction  over  travel  by  personnel of the Judicial
20        Branch, except the circuit courts and the judges.
21             (8)  A Travel Control Board  is  created  under  the
22        State   Board  of  Education,  consisting  of  the  State
23        Superintendent of Education as chairman, and 2 members of
24        his supervisory staff appointed by  the  State  Board  of
25        Education.  The Board shall have jurisdiction over travel
26        by employees of the State Board of Education.
27             (9)  A  Travel  Control  Board is created within the
28        Office of the State Treasurer, consisting  of  the  State
29        Treasurer  as  chairman  and 2 members of his supervisory
30        staff  appointed  by   him.    The   board   shall   have
31        jurisdiction over travel by employees of the office.
32             (10)  A  Governor's  Travel Control Board is created
33        consisting of the Governor ex-officio as chairman, and  2
34        members  appointed  by the Governor. The board shall have
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 1        jurisdiction over travel by employees and officers of all
 2        State agencies as defined in the Illinois State  Auditing
 3        Act,  except  for  the following:  judges, members of the
 4        General Assembly, elected constitutional officers of  the
 5        State,  the  Auditor  General,  and  personnel  under the
 6        jurisdiction of another travel control board  created  by
 7        statute.
 8        (a-5)  The  Commissioner  of  Banks  and Real Estate, the
 9    Prisoner Review Board,  and  the  State  Fire  Marshal  shall
10    submit  to  the Governor's Travel Control Board the quarterly
11    reports required by regulation pertaining to their  employees
12    reimbursed for housing.
13        (b)  Each  travel  control  board created by this Section
14    shall meet at the call of the chairman at least quarterly  to
15    review   all  vouchers,  or  a  report  thereof,  for  travel
16    reimbursements involving an exception  to  the  State  Travel
17    Regulations  and  Rates.   Each  travel  control  board shall
18    prescribe the procedures for  submission  of  an  information
19    copy  of  vouchers  involving  an  exception  to  the general
20    provisions established by the State  Travel  Regulations  and
21    Reimbursement Rates.
22        (c)  Any  chairman  or  member  of a travel control board
23    may, with the consent of the respective appointing  official,
24    designate  a  deputy  to  serve  in  his  place at any or all
25    meetings of the board.  The designation shall be  in  writing
26    and directed to the chairman of the board.
27        (d)  No  member  of  a  travel  control board may receive
28    additional compensation for his service as a member.
29        (e)  A report of the travel reimbursement claims reviewed
30    by each travel  control  board  shall  be  submitted  to  the
31    Legislative  Audit  Commission at least once each quarter and
32    that Commission shall comment on  all  such  reports  in  its
33    annual reports to the General Assembly.
34    (Source: P.A. 89-4, eff. 1-1-96; 89-214, eff. 8-4-95; 89-508,
SB1712 Enrolled             -14-               LRB9011652JMmb
 1    eff. 7-3-96; 89-626, eff. 8-9-96.)
 2        Section  30.   The  Gifts and Grants to Government Act is
 3    amended by changing Section 1 as follows:
 4        (30 ILCS 110/1) (from Ch. 127, par. 168-81)
 5        Sec. 1.   The  Governor,  Lieutenant  Governor,  Attorney
 6    General,  Secretary  of  State, Comptroller and Treasurer may
 7    accept monetary gifts  or  grants  from  any  nongovernmental
 8    source, upon such terms and conditions as may be imposed, and
 9    may  expend,  subject  to appropriation, such gifts or grants
10    for any purpose necessary or desirable in the exercise of the
11    powers or the performance of the duties of their offices.
12        Until January 11, 1999  9,  1995,  while  the  office  of
13    Lieutenant  Governor  is vacant, the powers and duties of the
14    Lieutenant Governor under this Act shall be  carried  out  as
15    provided in Section 67.35 of the Civil Administrative Code of
16    Illinois.
17    (Source: P.A. 88-553.)
18        Section  35.   The  School  Code  is  amended by changing
19    Section 2-3.112 as follows:
20        (105 ILCS 5/2-3.112)
21        Sec. 2-3.112.  Service evaluation reports.
22        (a)  The Service Evaluation Committee is  hereby  created
23    to  design  and develop, under the direction of the Office of
24    the  Lieutenant  Governor,  a  form  to  be  used  by  school
25    districts as provided in this Section  to  annually  evaluate
26    the  nature  and  quality  of the services furnished to those
27    school districts by the State  Board  of  Education  and  the
28    regional   offices   of  education.  The  Service  Evaluation
29    Committee shall be composed of 7 members, consisting  of  one
30    member  from  each  of  the following entities, designated in
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 1    each case by the governing board of the entity from which the
 2    member is designated:
 3             (1)  the Regional Superintendents Association;
 4             (2)  the  staff  employed  by  the  State  Board  of
 5        Education;
 6             (3)  the Illinois Parent Teacher Association;
 7             (4)  the Illinois Education Association;
 8             (5)  the Illinois Federation of Teachers;
 9             (6)  the Illinois Association of School Boards; and
10             (7)  the    Illinois    Association    of     School
11        Administrators.
12    Members  of  the  Service Evaluation Committee shall serve at
13    the pleasure of the governing board of the  entity  by  which
14    they  are  designated  to  serve as members of the Committee.
15    Committee members shall serve without compensation but  shall
16    be   reimbursed   for  the  reasonable  expenses  which  they
17    necessarily   incur   in    the    performance    of    their
18    responsibilities as members of the Committee.
19        (b)  Under  the direction of the Office of the Lieutenant
20    Governor, the Committee, at periodic intervals not to  exceed
21    3  years, shall review the form to be used for the evaluation
22    and make any modifications in the form that it determines are
23    necessary.  The design, development,  and  any  modifications
24    that are to be made to the form shall be determined not later
25    than August 1 of each year, beginning in 1998.
26        (c)  The  Office  of  the Lieutenant Governor shall cause
27    the form  of  evaluation  as  last  designed,  developed,  or
28    modified  under this Section to be printed and distributed to
29    the board of education of each school district in  the  State
30    not later than September 1 of each year, beginning in 1998.
31        (d)  The   president   of   the  board  of  education  is
32    authorized to cause the evaluation form to be  completed  and
33    may  sign the form as president of the board of education and
34    forward the completed form to the Office  of  the  Lieutenant
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 1    Governor not later than November 1 of each year, beginning in
 2    1998.  Before completing and signing the evaluation form, the
 3    president,  acting  through  the  board  of  education, shall
 4    request and receive comments, opinions, and other input  from
 5    the   district's   administrators,   teachers,   and  teacher
 6    organizations to assist the board of education in evaluating,
 7    rating, and reporting, on the form to be transmitted  to  the
 8    Office  of the Lieutenant Governor, the nature and quality of
 9    the services furnished to the district by the State Board  of
10    Education  and  the  regional  office  of  education  for the
11    educational service region in which the  school  district  is
12    located.
13        (e)  The  Office  of the Lieutenant Governor shall review
14    and tally the results of all evaluation forms  received  from
15    the  several  school  districts  of  the  State  and submit a
16    written report of the evaluation results to the Governor, the
17    General  Assembly,  the  members  of  the  State   Board   of
18    Education,  and  each of the several regional superintendents
19    of schools not later than December 15 of each year, beginning
20    in 1998.  The Office of the Lieutenant  Governor,  in  making
21    the  annual written report required by this subsection, shall
22    not report, publish,  or  otherwise  release  the  evaluation
23    results  separately for any regional offices of education but
24    instead the evaluation results with respect to  the  regional
25    offices  of  education  shall  be  tallied and reported on an
26    aggregate or composite basis, in  such  manner  as  to  avoid
27    reporting   evaluation   results  on  a  regional  office  of
28    education by regional office of education basis.
29        (f)  This Section is subject to the provisions of Section
30    67.35 of the Civil Administrative Code of Illinois.
31    (Source: P.A.  89-212,  eff.  1-1-96;  89-626,  eff.  8-9-96;
32    90-96, eff. 1-1-98; 90-498, eff. 1-1-98.)
33        Section  40.   The  Illinois Distance Learning Foundation
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 1    Act is amended by changing Section 5 as follows:
 2        (105 ILCS 40/5)
 3        Sec. 5. Creation of  Foundation.   The  General  Assembly
 4    authorizes   the  Lieutenant  Governor,  in  accordance  with
 5    Section 10 of the State Agency Entity Creation Act, to create
 6    the Illinois Distance Learning Foundation.   Pursuant to this
 7    authority, the Lieutenant Governor shall create the  Illinois
 8    Distance  Learning Foundation as a not-for-profit foundation.
 9    The Lieutenant Governor shall file articles of  incorporation
10    as  required under the General Not For Profit Corporation Act
11    of 1986 to create the Foundation.  The Foundation's Board  of
12    Directors  shall be appointed by the Lieutenant Governor from
13    time  to  time.   The  Lieutenant  Governor  shall  serve  as
14    Chairman of the Board of Directors of  the  Foundation.   The
15    Director  of the Governor's Rural Affairs Council shall serve
16    as the initial Director of the Foundation.  No member of  the
17    Board  of  Directors  may receive compensation for his or her
18    services to the Foundation.
19        Until January 11, 1999  9,  1995,  while  the  office  of
20    Lieutenant  Governor  is vacant, the powers and duties of the
21    Lieutenant Governor and the Office of the Lieutenant Governor
22    under this Act shall be carried out as  provided  in  Section
23    67.35 of the Civil Administrative Code of Illinois.
24    (Source: P.A. 88-146; 88-553.)
25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.

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