Public Act 90-0609 of the 90th General Assembly
Public Act 90-0609
SB1712 Enrolled LRB9011652JMmb
AN ACT concerning the Lieutenant Governor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Act on the Aging is amended by
changing Section 8.01 as follows:
(20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
Sec. 8.01. Coordinating Committee; members. The
Coordinating Committee of State Agencies Serving Older
Persons shall consist of the Director of the Department on
Aging as Chairman, the Director of the Lieutenant Governor's
Office of Volunteer and Senior Action Centers, the State
Superintendent of Education, the Secretary of Human Services,
the Secretary of Transportation, and the Directors of the
following Departments or agencies: Labor; Veterans' Affairs;
Public Health; Public Aid; Children and Family Services;
Commerce and Community Affairs; Insurance; Revenue; Illinois
Housing Development Authority; and Comprehensive State Health
Planning.
(Source: P.A. 88-54; 89-249, eff. 8-4-95; 89-507, eff.
7-1-97.)
Section 10. The Civil Administrative Code of Illinois is
amended by changing Sections 46.53 and 67.35 as follows:
(20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
Sec. 46.53. Keep Illinois Beautiful.
(a) There is created the Keep Illinois Beautiful Program
Advisory Board consisting of 7 members appointed by the
Governor with the advice and consent of the Senate. Of those
7, 4 shall be appointed from a list of at least 10 names
submitted by the boards of directors from the various
certified community programs. Each certified community
program may submit only one recommendation to be considered
by the Governor. The Lieutenant Governor or his designee
shall be a member and serve as Chairman, except that (i) when
Section 6 of Article V of the Illinois Constitution is
operative the officer next in line of succession shall serve
as Chairman and (ii) until January 11, 1999 9, 1995, while
the office of Lieutenant Governor is otherwise vacant, the
powers and duties of the Lieutenant Governor under this
Section shall be carried out as provided in Section 67.35 of
the Civil Administrative Code of Illinois. The Board shall
meet at least quarterly at the discretion of the Chairman and
at such other times as the Chairman or any 4 members consider
necessary. Four members shall constitute a quorum.
(b) The purpose of the Board shall be to assist local
governments and community organizations in:
(1) educating the public about the need for
recycling and reducing solid waste;
(2) promoting the establishment of recycling and
programs that reduce litter and other solid waste through
re-use and diversion;
(3) developing local markets for recycled products;
(4) cooperating with other State agencies and with
local governments having environmental responsibilities;
(5) seeking funding from governmental and
non-governmental sources.
(c) The Lieutenant Governor shall employ and fix the
salary of a Statewide coordinator who, to the extent
possible, shall assist local governments and community
organizations that plan to implement programs set forth in
subsection (b). The Board shall establish guidelines for the
certification by the Board of local governments and community
organizations. Such guidelines shall be approved by a
majority of the members of the Board.
The Statewide coordinator may encourage local governments
and community organizations to apply for certification of
programs by the Board. However, the Statewide coordinator
shall give equal consideration to newly certified programs
and older certified programs.
The Statewide coordinator shall submit proposed programs
to the Board. The Board shall approve program proposals by a
majority vote of the quorum present. In no event shall the
Board veto a program by a vote of fewer than 4 members. A
vetoed proposal may be resubmitted to the Board by the
Statewide coordinator after necessary changes in the proposal
have been made.
The Keep Illinois Beautiful Fund is created as a special
fund in the State treasury. Moneys from any public or
private source may be deposited into the Keep Illinois
Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
shall be appropriated only for the purposes of this Section.
Pursuant to action by the Board, the Lieutenant Governor may
authorize grants from moneys appropriated from the Keep
Illinois Beautiful Fund for certified community based
programs for up to 50% of the cash needs of the program;
provided, that at least 50% of the needs of the program shall
be contributed to the program in cash, and not in kind, by
local sources.
Moneys appropriated for certified community based
programs in municipalities of more than 1,000,000 population
shall be itemized separately and may not be disbursed to any
other community.
(Source: P.A. 88-186; 88-553.)
(20 ILCS 405/67.35)
Sec. 67.35. Matters relating to the Office of the
Lieutenant Governor.
(a) It is the purpose of this Section to provide for the
administration of the affairs of the Office of the Lieutenant
Governor during a period when the Office of Lieutenant
Governor is vacant.
It is the intent of the General Assembly that all powers
and duties of the Lieutenant Governor assumed and exercised
by the Director of Central Management Services, the
Department of Central Management Services, or another
Director, State employee, or State agency designated by the
Governor under the provisions of this amendatory Act of 1998
1994 be reassumed by the Lieutenant Governor on January 11,
1999 9, 1995.
(b) Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, the Director of Central
Management Services shall assume and exercise the powers and
duties given to the Lieutenant Governor under the Illinois
Commission on Community Service Act Lieutenant Governor's
Office of Voluntary Action Act, Section 46.53 of this Code
(relating to the Keep Illinois Beautiful program), Section
12-1 of the State Finance Act, the Employee Ownership
Assistance Act, the Gifts and Grants to Government Act, and
the Illinois Distance Learning Foundation Act.
The Director of Central Management Services shall not
assume or exercise the powers and duties given to the
Lieutenant Governor under the Rural Bond Bank Act.
(c) Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services shall assume and exercise the powers and
duties given to the Office of the Lieutenant Governor under
Section 2-3.112 of the School Code, the Illinois River
Watershed Restoration Act, the Illinois Wildlife Prairie Park
Act, Section 12-1 of the State Finance Act, the Lieutenant
Governor's Office of Voluntary Action Act and the Illinois
Distance Learning Foundation Act.
(c-5) Notwithstanding subsection (c): (i) the Governor
shall appoint an interim member, who shall be interim
chairperson, of the Illinois River Coordinating Council while
the office of the Lieutenant Governor is vacant until January
11, 1999 and (ii) the Governor shall appoint an interim
member, who shall be interim chairperson, of the Illinois
Wildlife Prairie Park Commission while the office of the
Lieutenant Governor is vacant until January 11, 1999.
(d) Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services may assume and exercise the powers and
duties that have been delegated to the Lieutenant Governor by
the Governor.
(e) Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, appropriations to the Office
of the Lieutenant Governor may be obligated and expended by
the Department of Central Management Services, with the
authorization of the Director of Central Management Services,
for the purposes specified in those appropriations. These
obligations and expenditures shall continue to be accounted
for as obligations and expenditures of the Office of the
Lieutenant Governor.
(f) Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, all employees of the Office of
the Lieutenant Governor who are needed to carry out the
responsibilities of the Office are temporarily reassigned to
the Department of Central Management Services. This
reassignment shall not be deemed to constitute new employment
or to change the terms or conditions of employment or the
qualifications required of the employees, except that the
reassigned employees shall be subject to supervision by the
Department during the temporary reassignment period.
(g) Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services shall temporarily assume and exercise the
powers and duties of the Office of the Lieutenant Governor
under contracts to which the Office of the Lieutenant
Governor is a party. The assumption of rights and duties
under this subsection shall not be deemed to change the terms
or conditions of the contract.
The Department of Central Management Services may amend,
extend, or terminate any such contract in accordance with its
terms; may agree to terminate a contract at the request of
the other party; and may, with the approval of the Governor,
enter into new contracts on behalf of the Office of the
Lieutenant Governor.
(h) The Governor may designate a State employee or
director other than the Director of Central Management
Services or a State agency other than the Department of
Central Management Services to assume and exercise any
particular power or duty that would otherwise be assumed and
exercised by the Director of Central Management Services or
the Department of Central Management Services under
subsection (b), (c), or (d) of this Section.
Except as provided below, if the Governor designates a
State employee or director other than the Director of Central
Management Services or a State agency other than the
Department of Central Management Services, that person or
agency shall be responsible for those duties set forth in
subsections (e), (f), and (g) that directly relate to the
designation of duties under subsections (b), (c), and (d).
If the Governor's designation relates to duties of the
Commission on Community Service Voluntary Action Advisory
Council or the Distance Learning Foundation, the Director of
Central Management Services and the Department of Central
Management Services may, if so directed by the Governor,
continue to be responsible for those duties set forth in
subsections (e), (f), and (g) relating to that designation.
(i) Business transacted under the authority of this
Section by entities other than the Office of the Lieutenant
Governor shall be transacted on behalf of and in the name of
the Office of the Lieutenant Governor. Property of the
Office of the Lieutenant Governor shall remain the property
of that Office and may continue to be used by persons
performing the functions of that Office during the vacancy
period, except as otherwise directed by the Governor.
(Source: P.A. 88-553; 89-445, eff. 2-7-96.)
Section 13. The Illinois Commission on Community Service
Act is amended by adding Section 10 as follows:
(20 ILCS 710/10 new)
Sec. 10. Civil Administrative Code. To the extent that
Section 67.35 of the Civil Administrative Code of Illinois is
applicable to this Act, this Act is subject to the provisions
of Section 67.35 of the Civil Administrative Code of
Illinois.
Section 15. The Illinois River Watershed Restoration Act
is amended by changing Section 15 as follows:
(20 ILCS 3967/15)
Sec. 15. Illinois River Coordinating Council.
(a) There is established the Illinois River Coordinating
Council, consisting of 13 voting members to be appointed by
the Governor. One member shall be the Lieutenant Governor who
shall serve as a voting member and as chairperson of the
Council. The Agency members of the Council shall include the
Director, or his or her designee, of each of the following
agencies: the Department of Agriculture, the Department of
Commerce and Community Affairs, the Illinois Environmental
Protection Agency, the Department of Natural Resources, and
the Department of Transportation. In addition, the Council
shall include one member representing Soil and Water
Conservation Districts located within the Watershed of the
Illinois River and its tributaries and 6 members representing
local communities, not-for-profit organizations working to
protect the Illinois River Watershed, business, agriculture,
recreation, conservation, and the environment. The Governor
may, at his or her discretion, appoint individuals
representing federal agencies to serve as ex officio,
non-voting members.
(b) Members of the Council shall serve 2-year terms,
except that of the initial appointments, 5 members shall be
appointed to serve 3-year terms and 4 members to serve
one-year terms.
(c) The Council shall meet at least quarterly.
(d) The Office of the Lieutenant Governor shall be
responsible for the operations of the Council. The Office
may reimburse members of the Council for ordinary and
contingent expenses incurred in the performance of Council
duties.
(e) This Section is subject to the provisions of Section
67.35 of the Civil Administrative Code of Illinois.
(Source: P.A. 90-120, eff. 7-16-97.)
Section 20. The Illinois Wildlife Prairie Park Act is
amended by changing Section 15 as follows:
(20 ILCS 4029/15)
Sec. 15. Illinois Wildlife Prairie Park Commission. The
Illinois Wildlife Prairie Park Commission is created to
accept moneys from the State and other private or public
entities on behalf of the Illinois Wildlife Prairie Park and
to oversee the financial management of any such moneys used
for the benefit of the Illinois Wildlife Prairie Park. The
Commission shall be composed of 5 members. Membership of the
Commission shall be composed of the Lieutenant Governor, who
shall be the chairman of the Commission, and 4 other persons
appointed by the Governor, with the advice and consent of the
Senate, who have demonstrated an interest in recreation,
education, and the conservation of natural resources,
including the propagation of wild flowers and plants and the
habitat for native fauna. All members shall be ex officio
directors of the board of the Foundation or the Foundation's
successor. Members of the Commission appointed by the
Governor shall be appointed for terms of 4 years and until
their successors are appointed; provided that of the
Commissioners first appointed, one shall serve a term of 2
years, one shall serve a term of 3 years, and 2 shall serve
terms of 4 years as determined by drawing lots. Members of
the Commission shall receive no compensation for their
services, except for their actual and necessary expenses
incurred in the performance of their official duties. Three
members of the Commission shall constitute a quorum to do
business, and the concurrence of at least 3 members shall be
necessary for a decision. The Commission shall hold regular
quarterly meetings. Special meetings may be called by the
chairperson and shall be called on the request of a majority
of members, as may be required.
The Commission shall provide for the proper and safe
keeping of its permanent records. It shall keep a system of
accounts showing a true and accurate record of its receipts
and disbursements, and it shall cause an audit to be made of
its books, records, and accounts.
The records of the Commission shall be subject to public
inspection at all reasonable hours and under such
regulations as the members may prescribe.
The Commission shall annually make a full and complete
report to the Governor and the General Assembly of the
transactions and operations of the Commission for the
preceding year. The report shall contain a full statement of
the Commission's receipts and disbursements and the program
of work for the period covered, and may include such
recommendations as may be deemed advisable.
This Section is subject to the provisions of Section
67.35 of the Civil Administrative Code of Illinois.
(Source: P.A. 90-501, eff. 8-19-97.)
Section 25. The State Finance Act is amended by changing
Section 12-1 as follows:
(30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
Sec. 12-1. Travel control boards.
(a) The following travel control boards are created with
the members and jurisdiction set forth below:
(1) A Travel Control Board is created within the
Office of the Attorney General consisting of the Attorney
General as chairman and 2 members of his supervisory
staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(2) A Travel Control Board is created within the
Office of the State Comptroller consisting of the
Comptroller as chairman and 2 members of his supervisory
staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(3) The Higher Education Travel Control Board shall
consist of 11 members, one to be appointed by each of the
following: the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western
Illinois University, the Illinois Community College Board
and the Illinois Board of Higher Education. Each member
shall be an officer, member or employee of the board
making the appointment, or of an institution governed or
maintained by such board. The board shall have
jurisdiction over travel by the Board of Higher
Education, the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western
Illinois University, the Illinois Community College
Board, the State Community College of East St. Louis, the
Illinois State Scholarship Commission, the State
Universities Retirement System, the University Civil
Service Merit Board, the Board of Trustees of the
Illinois Mathematics and Science Academy and all
employees of the named Boards, Commission and System and
of the institutions governed or maintained by the named
Boards. The Higher Education Travel Control Board shall
select a chairman from among its members.
(4) The Legislative Travel Control Board shall
consist of the following members serving ex-officio: The
Auditor General as chairman, the President and the
Minority Leader of the Senate and the Speaker and the
Minority Leader of the House of Representatives. The
board shall have jurisdiction over travel by employees
of: the General Assembly, legislative boards and
commissions, the Office of the Auditor General and all
legislative agencies.
(5) A Travel Control Board is created within the
Office of the Lieutenant Governor consisting of the
Lieutenant Governor as chairman and 2 members of his
supervisory staff appointed by him. The board shall have
jurisdiction over travel by employees of the office. The
Travel Control Board within the office of the Lieutenant
Governor is subject to the provisions of Section 67.35 of
the Civil Administrative Code of Illinois.
(6) A Travel Control Board is created within the
Office of the Secretary of State consisting of the
Secretary of State as chairman, and 2 members of his
supervisory staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(7) A Travel Control Board is created within the
Judicial Branch consisting of a chairman and 2 members
appointed by the Supreme Court. The board shall have
jurisdiction over travel by personnel of the Judicial
Branch, except the circuit courts and the judges.
(8) A Travel Control Board is created under the
State Board of Education, consisting of the State
Superintendent of Education as chairman, and 2 members of
his supervisory staff appointed by the State Board of
Education. The Board shall have jurisdiction over travel
by employees of the State Board of Education.
(9) A Travel Control Board is created within the
Office of the State Treasurer, consisting of the State
Treasurer as chairman and 2 members of his supervisory
staff appointed by him. The board shall have
jurisdiction over travel by employees of the office.
(10) A Governor's Travel Control Board is created
consisting of the Governor ex-officio as chairman, and 2
members appointed by the Governor. The board shall have
jurisdiction over travel by employees and officers of all
State agencies as defined in the Illinois State Auditing
Act, except for the following: judges, members of the
General Assembly, elected constitutional officers of the
State, the Auditor General, and personnel under the
jurisdiction of another travel control board created by
statute.
(a-5) The Commissioner of Banks and Real Estate, the
Prisoner Review Board, and the State Fire Marshal shall
submit to the Governor's Travel Control Board the quarterly
reports required by regulation pertaining to their employees
reimbursed for housing.
(b) Each travel control board created by this Section
shall meet at the call of the chairman at least quarterly to
review all vouchers, or a report thereof, for travel
reimbursements involving an exception to the State Travel
Regulations and Rates. Each travel control board shall
prescribe the procedures for submission of an information
copy of vouchers involving an exception to the general
provisions established by the State Travel Regulations and
Reimbursement Rates.
(c) Any chairman or member of a travel control board
may, with the consent of the respective appointing official,
designate a deputy to serve in his place at any or all
meetings of the board. The designation shall be in writing
and directed to the chairman of the board.
(d) No member of a travel control board may receive
additional compensation for his service as a member.
(e) A report of the travel reimbursement claims reviewed
by each travel control board shall be submitted to the
Legislative Audit Commission at least once each quarter and
that Commission shall comment on all such reports in its
annual reports to the General Assembly.
(Source: P.A. 89-4, eff. 1-1-96; 89-214, eff. 8-4-95; 89-508,
eff. 7-3-96; 89-626, eff. 8-9-96.)
Section 30. The Gifts and Grants to Government Act is
amended by changing Section 1 as follows:
(30 ILCS 110/1) (from Ch. 127, par. 168-81)
Sec. 1. The Governor, Lieutenant Governor, Attorney
General, Secretary of State, Comptroller and Treasurer may
accept monetary gifts or grants from any nongovernmental
source, upon such terms and conditions as may be imposed, and
may expend, subject to appropriation, such gifts or grants
for any purpose necessary or desirable in the exercise of the
powers or the performance of the duties of their offices.
Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, the powers and duties of the
Lieutenant Governor under this Act shall be carried out as
provided in Section 67.35 of the Civil Administrative Code of
Illinois.
(Source: P.A. 88-553.)
Section 35. The School Code is amended by changing
Section 2-3.112 as follows:
(105 ILCS 5/2-3.112)
Sec. 2-3.112. Service evaluation reports.
(a) The Service Evaluation Committee is hereby created
to design and develop, under the direction of the Office of
the Lieutenant Governor, a form to be used by school
districts as provided in this Section to annually evaluate
the nature and quality of the services furnished to those
school districts by the State Board of Education and the
regional offices of education. The Service Evaluation
Committee shall be composed of 7 members, consisting of one
member from each of the following entities, designated in
each case by the governing board of the entity from which the
member is designated:
(1) the Regional Superintendents Association;
(2) the staff employed by the State Board of
Education;
(3) the Illinois Parent Teacher Association;
(4) the Illinois Education Association;
(5) the Illinois Federation of Teachers;
(6) the Illinois Association of School Boards; and
(7) the Illinois Association of School
Administrators.
Members of the Service Evaluation Committee shall serve at
the pleasure of the governing board of the entity by which
they are designated to serve as members of the Committee.
Committee members shall serve without compensation but shall
be reimbursed for the reasonable expenses which they
necessarily incur in the performance of their
responsibilities as members of the Committee.
(b) Under the direction of the Office of the Lieutenant
Governor, the Committee, at periodic intervals not to exceed
3 years, shall review the form to be used for the evaluation
and make any modifications in the form that it determines are
necessary. The design, development, and any modifications
that are to be made to the form shall be determined not later
than August 1 of each year, beginning in 1998.
(c) The Office of the Lieutenant Governor shall cause
the form of evaluation as last designed, developed, or
modified under this Section to be printed and distributed to
the board of education of each school district in the State
not later than September 1 of each year, beginning in 1998.
(d) The president of the board of education is
authorized to cause the evaluation form to be completed and
may sign the form as president of the board of education and
forward the completed form to the Office of the Lieutenant
Governor not later than November 1 of each year, beginning in
1998. Before completing and signing the evaluation form, the
president, acting through the board of education, shall
request and receive comments, opinions, and other input from
the district's administrators, teachers, and teacher
organizations to assist the board of education in evaluating,
rating, and reporting, on the form to be transmitted to the
Office of the Lieutenant Governor, the nature and quality of
the services furnished to the district by the State Board of
Education and the regional office of education for the
educational service region in which the school district is
located.
(e) The Office of the Lieutenant Governor shall review
and tally the results of all evaluation forms received from
the several school districts of the State and submit a
written report of the evaluation results to the Governor, the
General Assembly, the members of the State Board of
Education, and each of the several regional superintendents
of schools not later than December 15 of each year, beginning
in 1998. The Office of the Lieutenant Governor, in making
the annual written report required by this subsection, shall
not report, publish, or otherwise release the evaluation
results separately for any regional offices of education but
instead the evaluation results with respect to the regional
offices of education shall be tallied and reported on an
aggregate or composite basis, in such manner as to avoid
reporting evaluation results on a regional office of
education by regional office of education basis.
(f) This Section is subject to the provisions of Section
67.35 of the Civil Administrative Code of Illinois.
(Source: P.A. 89-212, eff. 1-1-96; 89-626, eff. 8-9-96;
90-96, eff. 1-1-98; 90-498, eff. 1-1-98.)
Section 40. The Illinois Distance Learning Foundation
Act is amended by changing Section 5 as follows:
(105 ILCS 40/5)
Sec. 5. Creation of Foundation. The General Assembly
authorizes the Lieutenant Governor, in accordance with
Section 10 of the State Agency Entity Creation Act, to create
the Illinois Distance Learning Foundation. Pursuant to this
authority, the Lieutenant Governor shall create the Illinois
Distance Learning Foundation as a not-for-profit foundation.
The Lieutenant Governor shall file articles of incorporation
as required under the General Not For Profit Corporation Act
of 1986 to create the Foundation. The Foundation's Board of
Directors shall be appointed by the Lieutenant Governor from
time to time. The Lieutenant Governor shall serve as
Chairman of the Board of Directors of the Foundation. The
Director of the Governor's Rural Affairs Council shall serve
as the initial Director of the Foundation. No member of the
Board of Directors may receive compensation for his or her
services to the Foundation.
Until January 11, 1999 9, 1995, while the office of
Lieutenant Governor is vacant, the powers and duties of the
Lieutenant Governor and the Office of the Lieutenant Governor
under this Act shall be carried out as provided in Section
67.35 of the Civil Administrative Code of Illinois.
(Source: P.A. 88-146; 88-553.)
Section 99. Effective date. This Act takes effect upon
becoming law.