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Public Act 91-0798
SB1860 Enrolled LRB9102178JMmbA
AN ACT concerning membership, duties, rights, and
obligations of authorities, boards, commissions, committees,
and other appointed bodies.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 3, 5, 12, and 15.1 and adding
Section 5.1 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" or "governing board" means either the
Illinois State Labor Relations Board or, with respect to a
matter over which the jurisdiction of the Board is assigned
to the State Panel or the Local Panel under Section 5, the
panel having jurisdiction over the matter the Illinois Local
Labor Relations Board.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists and acts in
a confidential capacity to persons who formulate, determine,
and effectuate management policies with regard to labor
relations or who, in the regular course of his or her duties,
has authorized access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority
of public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, or (iii)
after July 1, 1984 (the effective date of this Act)
recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the employees in an
appropriate bargaining unit.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers
or fire fighters in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before January 1, 1986
(the effective date of this amendatory Act of 1985) as the
exclusive representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or (iii)
after January 1, 1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a majority of
the peace officers or fire fighters in an appropriate
bargaining unit.
(g) "Fair share agreement" means an agreement between
the employer and an employee organization under which all or
any of the employees in a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call
fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district
who are not routinely expected to perform fire fighter
duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes but is
not limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services and any legislative support
services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State,
the State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services,
and the Director of the Department of Labor; the county board
in the case of a county; the corporate authorities in the
case of a municipality; and the appropriate body authorized
to provide for expenditures of its funds in the case of any
other unit of government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a police force, department, or agency and sworn or
commissioned to perform police duties, except that the
following persons are not included: part-time police
officers, special police officers, auxiliary police as
defined by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties Code, temporary
employees, traffic guards or wardens, civilian parking meter
and parking facilities personnel or other individuals
specially appointed to aid or direct traffic at or near
schools or public functions or to aid in civil defense or
disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who
are not routinely expected to effect arrests, parking lot
attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely
expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged
in work predominantly intellectual and varied in character
rather than routine mental, manual, mechanical or physical
work; involving the consistent exercise of discretion and
adjustment in its performance; of such a character that the
output produced or the result accomplished cannot be
standardized in relation to a given period of time; and
requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an
institution of higher learning or a hospital, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or any employee who
has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and
is performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals, but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; employees of any agency, board or commission
created by this Act; employees appointed to State positions
of a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state
university; managerial employees; short-term employees;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000
inhabitants shall be excluded from this Act.
(o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of
local government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or
other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. "Public employer" or "employer" as used in this
Act, however, does not mean and shall not include the General
Assembly of the State of Illinois and educational employers
or employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers. County
boards and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection
(o) shall be construed to prevent the State Panel Board or
the Local Panel Board from determining that employers are
joint or co-employers.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the
majority of employees being responsible for the supervision
and control of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine
or clerical nature, but requires the consistent use of
independent judgment. Except with respect to police
employment, the term "supervisor" includes only those
individuals who devote a preponderance of their employment
time to exercising that authority, State supervisors
notwithstanding. In addition, in determining supervisory
status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit
inclusion or exclusion, the common law enforcement policies
and relationships between police officer ranks and
certification under applicable civil service law, ordinances,
personnel codes, or Division 2.1 of Article 10 of the
Illinois Municipal Code, but these factors shall not be the
sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9 of
this Act. Further, in new fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company officer otherwise qualifies as a
supervisor under the preceding paragraph, however, he or she
shall not be included in the fire fighter unit. If there is
no rank between that of chief and the highest company
officer, the employer may designate a position on each shift
as a Shift Commander, and the persons occupying those
positions shall be supervisors. All other ranks above that
of company officer shall be supervisors.
(s) (1) "Unit" means a class of jobs or positions that
are held by employees whose collective interests may
suitably be represented by a labor organization for
collective bargaining. Except with respect to non-State
fire fighters and paramedics employed by fire departments
and fire protection districts, non-State peace officers,
and peace officers in the Department of State Police, a
bargaining unit determined by the Board shall not include
both employees and supervisors, or supervisors only,
except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July
1, 1984 (the effective date of this Act). With respect
to non-State fire fighters and paramedics employed by
fire departments and fire protection districts, non-State
peace officers, and peace officers in the Department of
State Police, a bargaining unit determined by the Board
shall not include both supervisors and nonsupervisors, or
supervisors only, except as provided in paragraph (2) of
this subsection (s) and except for bargaining units in
existence on January 1, 1986 (the effective date of this
amendatory Act of 1985). A bargaining unit determined by
the Board to contain peace officers shall contain no
employees other than peace officers unless otherwise
agreed to by the employer and the labor organization or
labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace
officers of the Department of Natural Resources (formerly
designated the Department of Conservation) shall contain
no employees other than such sworn peace officers upon
the effective date of this amendatory Act of 1990 or upon
the expiration date of any collective bargaining
agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace
officers and other employees.
(2) Notwithstanding the exclusion of supervisors
from bargaining units as provided in paragraph (1) of
this subsection (s), a public employer may agree to
permit its supervisory employees to form bargaining units
and may bargain with those units. This Act shall apply
if the public employer chooses to bargain under this
subsection.
(Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.)
(5 ILCS 315/5) (from Ch. 48, par. 1605)
Sec. 5. Illinois Labor Relations Board; State Panel;
Local Panel Boards.
(a) There is created the Illinois Labor Relations Board.
The Board shall be comprised of 2 panels, to be known as the
State Panel and the Local Panel.
(a-5) The State Panel Illinois State Labor Relations
Board ("State Board") which shall have jurisdiction over
collective bargaining matters between employee organizations
and the State of Illinois, excluding the General Assembly of
the State of Illinois, between employee organizations and
units of local government and school districts with a
population not in excess of 2 1 million persons, and between
employee organizations and the Regional Transportation
Authority.
The State Panel Board shall consist of 5 3 members
appointed by the Governor, with the advice and consent of the
Senate. The Governor shall appoint to the State Panel Board
only persons who have had a minimum of 5 years of experience
directly related to labor and employment relations in
representing public employers, private employers or labor
organizations; or teaching labor or employment relations; or
administering executive orders or regulations applicable to
labor or employment relations. At the time of his or her
appointment, each member of the State Panel Board shall be an
Illinois resident. The Governor shall designate one member
to serve as the Chairman of the State Panel and the Board.
The initial appointments under this amendatory Act of the
91st General Assembly shall be for terms as follows: The
Chairman shall initially be appointed for a term ending on
the 4th Monday in January, 2001; 2 members shall be initially
appointed for terms ending on the 4th Monday in January,
2002; one member shall be initially appointed for a term
ending on the 4th Monday in January, 2003; and one member
shall be initially appointed for a term ending on the 4th
Monday in January, 2004. of two years. The second member
shall serve for a term of 3 years, and the third member shall
serve a term of 4 years. Each subsequent member shall be
appointed for a term of 4 years, commencing on the 4th Monday
in January. Upon expiration of the term of office of any
appointive member, that member shall continue to serve until
a successor shall be appointed and qualified. In case of a
vacancy, a successor shall be appointed to serve for the
unexpired portion of the term. The terms of members shall
commence on the 4th Monday in January of the year they are
appointed except that If the Senate is not in session at the
time the initial appointments are made, the Governor shall
make temporary appointments in the same manner successors are
appointed to fill vacancies. A temporary appointment shall
remain in effect no longer than 20 calendar days after the
commencement of the next Senate session.
(b) The Local Panel There is created the Illinois Local
Labor Relations Board ("Local Board") which shall have
jurisdiction over collective bargaining agreement matters
between employee organizations and units of local government
with a population in excess of 2 1 million persons, but
excluding the Regional Transportation Authority.
The Local Panel Board shall consist of one person
appointed by the Governor with the advice and consent of the
Senate (or, if no such person is appointed, the Chairman of
the State Panel) Board and two additional members, one
appointed by the Mayor of the City of Chicago and one
appointed by the President of the Cook County Board of
Commissioners. Appointees to the Local Panel Board must have
had a minimum of 5 years of experience directly related to
labor and employment relations in representing public
employers, private employers or labor organizations; or
teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or
employment relations. Each member of the Local Panel Board
shall be an Illinois resident at the time of his or her
appointment. The member appointed by the Governor (or, if no
such person is appointed, the Chairman of the State Panel)
Board shall serve as the Chairman of the Local Panel Board.
The initial appointments under this amendatory Act of the
91st General Assembly shall be for terms as follows: The
member appointed by the Governor shall initially be appointed
for a term ending on the 4th Monday in January, 2001; the
member initially appointed by the President of the Cook
County Board shall be initially appointed for a term ending
on the 4th Monday in January, 2003; serve for a term of 3
years and the member appointed by the Mayor of the City of
Chicago shall be initially appointed for a term ending on the
4th Monday in January, 2004 serve for a term of 4 years.
Each subsequent member shall be appointed for a term of 4
years, commencing on the 4th Monday in January. Upon
expiration of the term of office of any appointive member,
the member shall continue to serve until a successor shall be
appointed and qualified. In the case of a vacancy, a
successor shall be appointed by the applicable appointive
authority to serve for the unexpired portion of the term.
The terms of members shall commence on the 4th Monday in
January of the year they are appointed.
(c) Three Two members of the State Panel each governing
Board shall at all times constitute a quorum. Two members of
the Local Panel shall at all times constitute a quorum. A
vacancy on a panel governing Board does not impair the right
of the 2 remaining members to exercise all of the powers of
that panel Board. Each panel governing board shall adopt an
official seal which shall be judicially noticed. The salary
of the Chairman of the State Panel shall be $82,429 $50,000
per year, or as set by the Compensation Review Board,
whichever is greater, and that of the other members of the
State and Local Panels Board and the Local Board shall be
$74,188 $45,000 per year, or as set by the Compensation
Review Board, whichever is greater.
(d) No member shall hold any other public office or be
employed as a labor or management representative by the State
or any political subdivision of the State or of any
department or agency thereof, or actively represent or act on
behalf of an employer or an employee organization or an
employer in labor relations matters. Any member of the State
Panel Board may be removed from office by the Governor for
inefficiency, neglect of duty, misconduct or malfeasance in
office, and for no other cause, and only upon notice and
hearing. Any member of the Local Panel Board may be removed
from office by the applicable appointive authority for
inefficiency, neglect of duty, misconduct or malfeasance in
office, and for no other cause, and only upon notice and
hearing.
(e) Each panel governing board at the end of every State
fiscal year shall make a report in writing to the Governor
and the General Assembly, stating in detail the work it has
done in hearing and deciding cases and otherwise.
(f) In order to accomplish the objectives and carry out
the duties prescribed by this Act, a panel or its the
governing boards or their authorized designees may hold
elections to determine whether a labor organization has
majority status; investigate and attempt to resolve or settle
charges of unfair labor practices; hold hearings in order to
carry out its functions; develop and effectuate appropriate
impasse resolution procedures for purposes of resolving labor
disputes; require the appearance of witnesses and the
production of evidence on any matter under inquiry; and
administer oaths and affirmations. The panels governing
boards shall sign and report in full an opinion in every case
which they decide.
(g) Each panel governing board may appoint or employ an
executive director, attorneys, hearing officers, mediators,
fact-finders, arbitrators, and such other employees as it may
they deem necessary to perform its their functions. The
governing boards shall prescribe the duties and
qualifications of such persons appointed and, subject to the
annual appropriation, fix their compensation and provide for
reimbursement of actual and necessary expenses incurred in
the performance of their duties.
(h) Each panel governing board shall exercise general
supervision over all attorneys which it employs and over the
other persons employed to provide necessary support services
for such attorneys. The panels governing boards shall have
final authority in respect to complaints brought pursuant to
this Act.
(i) The following rules and regulations shall be adopted
by the panels governing boards meeting in joint session: (1)
procedural rules and regulations which shall govern all Board
proceedings; (2) procedures for election of exclusive
bargaining representatives pursuant to Section 9, except for
the determination of appropriate bargaining units; and (3)
appointment of counsel pursuant to subsection (k) of this
Section.
(j) Rules and regulations may be adopted, amended or
rescinded only upon a vote of 5 four of the five members of
the State Board and the Local Panels Board meeting in joint
session. The adoption, amendment or rescission of rules and
regulations shall be in conformity with the requirements of
the Illinois Administrative Procedure Act.
(k) The panels Governing Boards in joint session shall
promulgate rules and regulations providing for the
appointment of attorneys or other Board representatives to
represent persons in unfair labor practice proceedings before
a panel governing board. The regulations governing
appointment shall require the applicant to demonstrate an
inability to pay for or inability to otherwise provide for
adequate representation before a panel governing board. Such
rules must also provide: (1) that an attorney may not be
appointed in cases which, in the opinion of a panel Board,
are clearly without merit; (2) the stage of the unfair labor
proceeding at which counsel will be appointed; and (3) the
circumstances under which a client will be allowed to select
counsel.
(1) The panels governing boards in joint session may
promulgate rules and regulations which allow parties in
proceedings before a panel governing board to be represented
by counsel or any other representative of the party's choice.
(m) The Chairman of the State Panel governing boards
shall serve as Chairman of a joint session of the panels
governing boards. Attendance of at least 2 members of the
State Panel and at least one member of the Local Panel from
each governing Board, in addition to the Chairman, shall
constitute a quorum at a joint session. The panels governing
boards shall meet in joint session within 60 days of the
effective date of this Act and at least annually thereafter.
(Source: P.A. 85-1440.)
(5 ILCS 315/5.1 new)
Sec. 5.1. Dissolution of Illinois State Labor Relations
Board and Illinois Local Labor Relations Board; transfer and
savings provisions.
(a) The Illinois State Labor Relations Board is
dissolved. The State Panel of the Illinois Labor Relations
Board, created by this amendatory Act of the 91st General
Assembly, shall succeed to all of the powers, duties, rights,
and property, including contractual rights and obligations,
of the Illinois State Labor Relations Board. Rules,
procedures, and decisions of the Illinois State Labor
Relations Board in effect at the time of its dissolution
shall be deemed to be those of the State Panel of the
Illinois Labor Relations Board. Matters pending before the
Illinois State Labor Relations Board at the time of its
dissolution shall continue as matters before the State Panel
of the Illinois Labor Relations Board. The State Panel of the
Illinois Labor Relations Board shall be deemed successor in
interest to the Illinois State Labor Relations Board for the
purposes of any pending litigation.
(b) The Illinois Local Labor Relations Board is
dissolved. The Local Panel of the Illinois Labor Relations
Board, created by this amendatory Act of the 91st General
Assembly, shall succeed to all of the powers, duties, rights,
and property, including contractual rights and obligations,
of the Illinois Local Labor Relations Board. Rules,
procedures, and decisions of the Illinois Local Labor
Relations Board in effect at the time of its dissolution
shall be deemed to be those of the Local Panel of the
Illinois Labor Relations Board. Matters pending before the
Illinois Local Labor Relations Board at the time of its
dissolution shall continue as matters before the Local Panel
of the Illinois Labor Relations Board. The Local Panel of the
Illinois Labor Relations Board shall be deemed successor in
interest to the Illinois Local Labor Relations Board for the
purposes of any pending litigation.
(c) Rules and procedures adopted jointly by the Illinois
State Labor Relations Board and the Illinois Local Labor
Relations Board that are in effect at the time of the
dissolution of those Boards shall be deemed to have been
adopted jointly by the State and Local Panels of the Illinois
Labor Relations Board.
(d) Fiscal Year 2000 appropriations to the Illinois
State Labor Relations Board and the Illinois Local Labor
Relations Board may be expended by the Illinois Labor
Relations Board.
(e) Persons employed by the Illinois State Labor
Relations Board or the Illinois Local Labor Relations Board
on the date of the dissolution of those Boards shall
thereupon become employees, respectively, of the State Panel
or the Local Panel of the Illinois Labor Relations Board,
without loss of seniority or accrued benefits.
(5 ILCS 315/12) (from Ch. 48, par. 1612)
Sec. 12. Mediation.
(a) The State and Local Panels governing Boards in joint
session shall establish a Public Employees Mediation Roster,
the services of which shall be available to public employers
and to labor organizations upon request of the parties for
the purposes of mediation of grievances or contract disputes.
Upon the request of either party, services of the Public
Employees Mediation Roster shall be available for purposes of
arbitrating disputes over interpretation or application of
the terms of an agreement pursuant to Section 8. The members
of the Roster shall be appointed by majority vote of the
members of both panels Boards. Members shall be impartial,
competent, and reputable citizens of the United States,
residents of the State of Illinois, and shall qualify by
taking and subscribing to the constitutional oath or
affirmation of office. The function of the mediator shall be
to communicate with the employer and exclusive representative
or their representatives and to endeavor to bring about an
amicable and voluntary settlement. Compensation of Roster
members for services performed as mediators shall be paid
equally by the parties to a mediated labor dispute. The Board
shall have authority to promulgate regulations setting
compensation levels for members of the Roster, and
establishing procedures for suspension or dismissal of
mediators for good cause shown following hearing.
(b) A mediator in a mediated labor dispute shall be
selected by the Board from among the members of the Roster.
(c) Nothing in this Act or any other law prohibits the
use of other mediators selected by the parties for the
resolution of disputes over interpretation or application of
the terms or conditions of the collective bargaining
agreements between a public employer and a labor
organization.
(d) If requested by the parties to a labor dispute, a
mediator may perform fact-finding as set forth in Section 13.
(Source: P.A. 83-1012.)
(5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
Sec. 15.1. Precedents established by other labor boards.
Unless contradicted by administrative precedent previously
established by the State Panel Board, all final decisions in
representation and unfair labor practice cases decided by the
Local Panel Board and the Illinois Educational Labor
Relations Board created under the Illinois Educational Labor
Relations Act which have not been reversed by subsequent
court rulings, shall be considered, but need not be followed
by the State Panel Board.
Unless contradicted by administrative precedent
previously established by the Local Panel Board, all final
decisions in representation and unfair labor practice cases
decided by the State Panel Board and the Illinois Educational
Labor Relations Board which have not been reversed by
subsequent court rulings, shall be considered, but need not
be followed by the Local Panel Board.
(Source: P.A. 85-924.)
Section 10. The Civil Administrative Code of Illinois is
amended by changing Section 5-560 as follows:
(20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
Sec. 5-560. In the Department of Natural Resources. An
Advisory Board to the Department of Natural Resources,
composed of 13 11 persons, one of whom shall be a senior
citizen age 60 or over.
In the appointment of the initial members the Governor
shall designate 3 persons to serve for 2 years, 3 for 4
years, and 3 for 6 years from the third Monday in January of
the odd-numbered year in which the term commences. The
members first appointed under this amendatory Act of 1984
shall serve a term of 6 years commencing on the third Monday
in January, 1985. The members first appointed under this
amendatory Act of the 91st General Assembly shall each be
appointed to a term of office to expire on the third Monday
in January of 2006. All subsequent appointments shall be for
terms of 6 years.
The Advisory Board shall formulate long range policies
for guidance of the Department in: the protection and
conservation of renewable resources of the State of Illinois;
the development of areas and facilities for outdoor
recreation; the prevention of timber destruction and other
forest growth by fire or otherwise; the reforestation of
suitable lands of this State; the extension of cooperative
support to other agencies of this State in preventing and
guarding against the pollution of streams and lakes within
the State; the management of the wildlife resources,
including migratory fowl, and fisheries resources, including
the construction of new water impoundment areas; the
development of an adequate research program for fish, game,
and forestry through cooperation with and support of the
Illinois Natural History Survey; and the expressing of
policies for proper dissemination of and enforcement of the
various laws pertinent to the conservation program of
Illinois and the nation.
The Board shall make a study of the personnel structure
of the Department and shall, from time to time, make
recommendations to the Governor and the Director of Natural
Resources for a merit system of employment and for the
revision of the position classification to the extent which
Civil Service classification should apply in departmental
positions.
The Board shall make studies of the land acquisition
needs of the Department and recommendations from time to time
as to necessary acquisition of lands for fisheries, game,
forestry, and recreational development.
The Board may recommend to the Director of Natural
Resources any reductions or increases of seasons and bag or
possession limits or the closure of any season when research
and inventory data indicate the need for those changes.
Board members shall be reimbursed for any necessary
travel expenses incurred in the performance of their duties.
(Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00.)
Section 15. The Illinois Act on the Aging is amended by
changing Section 4.02 as follows:
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
Sec. 4.02. The Department shall establish a program of
services to prevent unnecessary institutionalization of
persons age 60 and older in need of long term care or who are
established as persons who suffer from Alzheimer's disease or
a related disorder under the Alzheimer's Disease Assistance
Act, thereby enabling them to remain in their own homes or in
other living arrangements. Such preventive services, which
may be coordinated with other programs for the aged and
monitored by area agencies on aging in cooperation with the
Department, may include, but are not limited to, any or all
of the following:
(a) home health services;
(b) home nursing services;
(c) homemaker services;
(d) chore and housekeeping services;
(e) day care services;
(f) home-delivered meals;
(g) education in self-care;
(h) personal care services;
(i) adult day health services;
(j) habilitation services;
(k) respite care;
(l) other nonmedical social services that may enable the
person to become self-supporting; or
(m) clearinghouse for information provided by senior
citizen home owners who want to rent rooms to or share living
space with other senior citizens.
The Department shall establish eligibility standards for
such services taking into consideration the unique economic
and social needs of the target population for whom they are
to be provided. Such eligibility standards shall be based on
the recipient's ability to pay for services; provided,
however, that in determining the amount and nature of
services for which a person may qualify, consideration shall
not be given to the value of cash, property or other assets
held in the name of the person's spouse pursuant to a written
agreement dividing marital property into equal but separate
shares or pursuant to a transfer of the person's interest in
a home to his spouse, provided that the spouse's share of the
marital property is not made available to the person seeking
such services. The Department shall, in conjunction with the
Department of Public Aid, seek appropriate amendments under
Sections 1915 and 1924 of the Social Security Act. The
purpose of the amendments shall be to extend eligibility for
home and community based services under Sections 1915 and
1924 of the Social Security Act to persons who transfer to or
for the benefit of a spouse those amounts of income and
resources allowed under Section 1924 of the Social Security
Act. Subject to the approval of such amendments, the
Department shall extend the provisions of Section 5-4 of the
Illinois Public Aid Code to persons who, but for the
provision of home or community-based services, would require
the level of care provided in an institution, as is provided
for in federal law. Those persons no longer found to be
eligible for receiving noninstitutional services due to
changes in the eligibility criteria shall be given 60 days
notice prior to actual termination. Those persons receiving
notice of termination may contact the Department and request
the determination be appealed at any time during the 60 day
notice period. With the exception of the lengthened notice
and time frame for the appeal request, the appeal process
shall follow the normal procedure. In addition, each person
affected regardless of the circumstances for discontinued
eligibility shall be given notice and the opportunity to
purchase the necessary services through the Community Care
Program. If the individual does not elect to purchase
services, the Department shall advise the individual of
alternative services. The target population identified for
the purposes of this Section are persons age 60 and older
with an identified service need. Priority shall be given to
those who are at imminent risk of institutionalization. The
services shall be provided to eligible persons age 60 and
older to the extent that the cost of the services together
with the other personal maintenance expenses of the persons
are reasonably related to the standards established for care
in a group facility appropriate to the person's condition.
These non-institutional services, pilot projects or
experimental facilities may be provided as part of or in
addition to those authorized by federal law or those funded
and administered by the Department of Human Services. The
Departments of Human Services, Public Aid, Public Health,
Veterans' Affairs, and Commerce and Community Affairs and
other appropriate agencies of State, federal and local
governments shall cooperate with the Department on Aging in
the establishment and development of the non-institutional
services. The Department shall require an annual audit from
all chore/housekeeping and homemaker vendors contracting with
the Department under this Section. The annual audit shall
assure that each audited vendor's procedures are in
compliance with Department's financial reporting guidelines
requiring a 27% administrative cost split and a 73% employee
wages and benefits cost split. The audit is a public record
under the Freedom of Information Act. The Department shall
execute, relative to the nursing home prescreening project,
written inter-agency agreements with the Department of Human
Services and the Department of Public Aid, to effect the
following: (1) intake procedures and common eligibility
criteria for those persons who are receiving
non-institutional services; and (2) the establishment and
development of non-institutional services in areas of the
State where they are not currently available or are
undeveloped. On and after July 1, 1996, all nursing home
prescreenings for individuals 60 years of age or older shall
be conducted by the Department.
The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to
pay but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income
which is equal to or less than the federal poverty standard
shall not be considered by the Department in determining the
copayment. The level of such copayment shall be adjusted
whenever necessary to reflect any change in the officially
designated federal poverty standard.
The Department, or the Department's authorized
representative, shall recover the amount of moneys expended
for services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may
be had until after the death of the surviving spouse, if any,
and then only at such time when there is no surviving child
who is under age 21, blind, or permanently and totally
disabled. This paragraph, however, shall not bar recovery,
at the death of the person, of moneys for services provided
to the person or in behalf of the person under this Section
to which the person was not entitled; provided that such
recovery shall not be enforced against any real estate while
it is occupied as a homestead by the surviving spouse or
other dependent, if no claims by other creditors have been
filed against the estate, or, if such claims have been filed,
they remain dormant for failure of prosecution or failure of
the claimant to compel administration of the estate for the
purpose of payment. This paragraph shall not bar recovery
from the estate of a spouse, under Sections 1915 and 1924 of
the Social Security Act and Section 5-4 of the Illinois
Public Aid Code, who precedes a person receiving services
under this Section in death. All moneys for services paid to
or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving
spouse or relative, as defined by the rules and regulations
of the Illinois Department of Public Aid, regardless of the
value of the property.
The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of
services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing
these services shall be appropriately trained.
The Department shall work in conjunction with the
Alzheimer's Task Force and members of the Alzheimer's
Association and other senior citizens' organizations in
developing these procedures by December 30, 1991.
Beginning on the effective date of this Amendatory Act of
1991, no person may perform chore/housekeeping and homemaker
services under a program authorized by this Section unless
that person has been issued a certificate of pre-service to
do so by his or her employing agency. Information gathered
to effect such certification shall include (i) the person's
name, (ii) the date the person was hired by his or her
current employer, and (iii) the training, including dates and
levels. Persons engaged in the program authorized by this
Section before the effective date of this amendatory Act of
1991 shall be issued a certificate of all pre- and in-service
training from his or her employer upon submitting the
necessary information. The employing agency shall be
required to retain records of all staff pre- and in-service
training, and shall provide such records to the Department
upon request and upon termination of the employer's contract
with the Department. In addition, the employing agency is
responsible for the issuance of certifications of in-service
training completed to their employees.
The Department is required to develop a system to ensure
that persons working as homemakers and chore housekeepers
receive increases in their wages when the federal minimum
wage is increased by requiring vendors to certify that they
are meeting the federal minimum wage statute for homemakers
and chore housekeepers. An employer that cannot ensure that
the minimum wage increase is being given to homemakers and
chore housekeepers shall be denied any increase in
reimbursement costs.
The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor
and the General Assembly on or before September 30 each year.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who
do not meet the eligibility standards in effect on or after
July 1, 1992, shall remain ineligible on and after July 1,
1992. Those persons previously not required to cost-share
and who were required to cost-share effective March 1, 1992,
shall continue to meet cost-share requirements on and after
July 1, 1992. Beginning July 1, 1992, all clients will be
required to meet eligibility, cost-share, and other
requirements and will have services discontinued or altered
when they fail to meet these requirements.
(Source: P.A. 91-303, eff. 1-1-00.)
(20 ILCS 105/8.04 rep.)
Section 16. The Illinois Act on the Aging is amended by
repealing Section 8.04.
Section 20. The Personnel Code is amended by changing
Sections 7a, 7b, 7c, and 7e as follows:
(20 ILCS 415/7a) (from Ch. 127, par. 63b107a)
Sec. 7a. Civil Service Commission, organization. There
shall be a Civil Service Commission of 5 three members.
(Source: Laws 1955, p. 2208.)
(20 ILCS 415/7b) (from Ch. 127, par. 63b107b)
Sec. 7b. Qualifications. The members of the Commission
shall be persons in sympathy with the application of merit
principles to public employment. No more than 3 two members
of the Commission may be adherents of the same political
party.
(Source: Laws 1955, p. 2208.)
(20 ILCS 415/7c) (from Ch. 127, par. 63b107c)
Sec. 7c. Appointment. Members of the Civil Service
Commission in office at the time of the effective date of
this Act shall continue in office until the expiration of the
terms for which they were appointed. Their successors shall
be appointed by the Governor with the advice and consent of
the Senate for terms ending 6 six years from the date of
expiration of the terms for which their predecessors were
appointed, except that a person appointed to fill a vacancy
occurring prior to the expiration of a 6 year term shall be
similarly appointed for the remainder of the unexpired term.
Each member of the Commission shall hold office until his
successor is appointed and qualified. The Governor shall
appoint one of the members to serve as chairman of the
Commission at the pleasure of the Governor.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Commission
is abolished on the effective date of this amendatory Act of
1985, but the incumbents shall continue to exercise all of
the powers and be subject to all of the duties of members of
the Commission until their respective successors are
appointed and qualified. The successors to the members whose
terms of office are herein abolished shall be appointed by
the Governor with the advice and consent of the Senate to
terms of office as follows: one member shall be appointed to
a term of office to expire on March 1, 1987; one member shall
be appointed to a term of office to expire on March 1, 1989;
and one member shall be appointed to a term of office to
expire on March 1, 1991. The 2 additional members appointed
pursuant to this amendatory Act of the 91st General Assembly
shall each be appointed to a term of office to expire on
March 1, 2005. Each member of the Commission shall hold
office until his successor is appointed and qualified.
Following the terms of office established in this paragraph,
successors shall be appointed in accordance with the
provisions of the first paragraph of this Section.
(Source: P.A. 84-115.)
(20 ILCS 415/7e) (from Ch. 127, par. 63b107e)
Sec. 7e. Chairman, meetings. The Commission shall meet at
such time and place as shall be specified by call of the
chairman or the Director. At least one meeting shall be held
each month. Notice of each meeting shall be given in writing
to each member by the chairman at least three days in advance
of the meeting. Three Two members shall constitute a quorum
for the transaction of business.
(Source: Laws 1955, p. 2208.)
(20 ILCS 505/7.2 rep.)
Section 25. The Children and Family Services Act is
amended by repealing Section 7.2.
(20 ILCS 605/605-715 rep.)
Section 30. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by repealing Section 605-715.
Section 35. The Illinois Development Finance Authority
Act is amended by changing Section 4 as follows:
(20 ILCS 3505/4) (from Ch. 48, par. 850.04)
Sec. 4. There is hereby created a political subdivision,
body politic and corporate by the name and style of Illinois
Development Finance Authority. The exercise by the Authority
of the powers conferred by law shall be an essential public
function.
The governing powers of the Authority shall be vested in
a body consisting of 17 15 members including, as ex officio
members, the Director of Labor and the Director of the
Department of Commerce and Community Affairs or their
designees. The other 15 13 members of the Authority shall be
appointed by the Governor with the advice and consent of the
Senate and shall be designated "public members". Nine Eight
members shall constitute a quorum. However, when a quorum of
members of the Authority is physically present at the meeting
site, other Authority members may participate in and act at
any meeting through the use of a conference telephone or
other communications equipment by means of which all persons
participating in the meeting can hear each other.
Participation in such meeting shall constitute attendance and
presence in person at the meeting of the person or persons so
participating. Not more than 9 8 members of the Authority
may be of the same political party. The Chairman of the
Authority shall be elected by the Authority from among its
public members, all of whom shall be persons of recognized
ability and experience in one or more of the following areas:
economic development, finance, banking, industrial
development, small business management, real estate
development, community development, venture finance,
construction, and labor relations. At least one public
member shall be a representative of the interests of
organized labor.
The terms of all members of the Authority holding office
on the effective date of this amendatory Act of 1983, other
than the ex officio members, shall expire 90 days after that
date, and the Governor shall appoint 10 new members whose
terms shall commence the day following such expiration date.
Of the members initially appointed by the Governor pursuant
to this amendatory Act of 1983, 5 shall serve until the third
Monday in January, 1985 and 5 shall serve until the third
Monday in January, 1987, and until their successors are
appointed and qualified. The members initially appointed
under this amendatory Act of 1985 shall serve until the third
Monday in January 1989. The members initially appointed
under this amendatory Act of the 91st General Assembly shall
serve until the 3rd Monday in January 2004. Each member
appointed under this paragraph who is confirmed by the Senate
shall hold office during the specified time and until his
successor shall be appointed and qualified.
All successors shall hold office for a term of 4 years
commencing the third Monday in January of the year in which
their term commences, except in case of an appointment to
fill a vacancy. In case of vacancy in the office when the
Senate is not in session, the Governor may make a temporary
appointment until the next meeting of the Senate when he
shall nominate such person to fill such office, and any
person so nominated who is confirmed by the Senate, shall
hold his office during the remainder of the term and until
his successor shall be appointed and qualified. If the Senate
is not in session at the time the amendatory Acts of 1983 and
1985 and of the 91st General Assembly take effect, the
Governor may make temporary appointments of the new public
members as in the case of vacancies. Members of the Authority
shall not be entitled to compensation for their services as
members, but shall be entitled to reimbursement for all
necessary expenses incurred in connection with the
performance of their duties as members.
The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office, after service on him of a copy of the
written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not
less than 10 days notice.
The members of the Authority shall appoint an Executive
Director who shall be a person knowledgeable in the areas of
financial markets and instruments and the financing of
business enterprises, to hold office during the pleasure of
the members. The Executive Director shall be the chief
administrative and operational officer of the Authority and
shall direct and supervise its administrative affairs and
general management and perform such other duties as may be
prescribed from time to time by the members and shall receive
compensation fixed by the Authority. The Executive Director
or any committee of the members may carry out such
responsibilities of the members as the members by resolution
may delegate. The Executive Director shall attend all
meetings of the Authority; however, no action of the
Authority shall be invalid on account of the absence of the
Executive Director from a meeting. The Authority may engage
the services of such other agents and employees, including
attorneys, appraisers, engineers, accountants, credit
analysts and other consultants, as it may deem advisable and
may prescribe their duties and fix their compensation.
(Source: P.A. 88-519.)
Section 38. The Illinois Planning Council on
Developmental Disabilities Law is amended by changing
Sections 2001, 2002, 2003, and 2006 and by adding Section
2004.5 as follows:
(20 ILCS 4010/2001) (from Ch. 91 1/2, par. 1951)
Sec. 2001. Short title. This Article may be cited as
the Illinois Planning Council on Developmental Disabilities
Law.
(Source: P.A. 86-1190.)
(20 ILCS 4010/2002) (from Ch. 91 1/2, par. 1952)
Sec. 2002. Definitions. As used in this Article, unless
the context requires otherwise:
(a) "Council" means the Illinois Planning Council on
Developmental Disabilities.
(b) "Chairperson" means the chairperson of the Illinois
Planning Council on Developmental Disabilities.
(c) "Director" means the director of the Illinois
Planning Council on Developmental Disabilities.
(d) "Developmental disability" means, in general, a
severe chronic disability of an individual that a person 5
years of age or older which:
(1) is attributable to a mental or physical
impairment or combination of mental and physical
impairments;
(2) is manifested before the person attains age 22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations
in 3 or more of the following areas of major life
activity: self care, receptive and expressive language,
learning, mobility, self direction, capacity for
independent living, and economic sufficiency; and
(5) reflects the person's need for a combination
and sequence of special interdisciplinary or generic
services care, individualized supports, treatment or
other forms of assistance that services which are of life
long or extended duration and are individually planned
and coordinated.;
except that such term, When applied to infants and young
children, an individual may be considered to have a
"developmental disability" if the individual means
individuals from birth to age 9 5, inclusive, has who have
(i) a substantial developmental delay or specific congenital
or acquired conditions and (ii) does not meet 3 or more of
the criteria described in paragraphs (1) through (5) but who,
without services and support, has a high probability of
meeting those criteria later in life with a high probability
of resulting in developmental disabilities if services are
not provided.
(Source: P.A. 86-1190; 87-1158.)
(20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
Sec. 2003. Planning Council. The Illinois Planning
Council on Developmental Disabilities is hereby created as an
executive agency of State government. The council shall be
composed of 39 members, governed by a chairperson, and headed
by a director. The Council shall be composed of 29 members,
governed by a chairperson, and headed by a director. The
functions of the council shall be as prescribed in Chapter 75
of Title 42 of the United States Code (42 U.S.C. 6000, et
seq.), as now or hereafter amended, and in Section 2006 of
this Article.
The Council shall receive and disburse funds authorized
under Chapter 75 of Title 42 of the United States Code (42
U.S.C. 6000, et seq.), as now or hereafter amended.
(Source: P.A. 86-1190.)
(20 ILCS 4010/2004.5 new)
Sec. 2004.5. Council membership. The General Assembly
intends that the reduction in the membership of the Council
shall occur through attrition between the effective date of
this amendatory Act of the 91st General Assembly and January
1, 2001. In the event that the terms of 10 voting members
have not expired by January 1, 2001, members of the Council
serving on that date shall continue to serve until their
terms expire.
(a) The membership of the Council must reasonably
represent the diversity of this State. Not less than 60% of
the Council's membership must be individuals with
developmental disabilities, parents or guardians of children
with developmental disabilities, or immediate relatives or
guardians of adults with developmental disabilities who
cannot advocate for themselves.
The Council must also include representatives of State
agencies that administer moneys under federal laws that
relate to individuals with developmental disabilities; the
State University Center for Excellence in Developmental
Disabilities Education, Research, and Service; the State
protection and advocacy system; and representatives of local
and non-governmental agencies and private non-profit groups
concerned with services for individuals with developmental
disabilities. The members described in this paragraph must
have sufficient authority to engage in policy-making,
planning, and implementation on behalf of the department,
agency, or program that they represent. Those members may
not take part in any discussion of grants or contracts for
which their departments, agencies, or programs are grantees,
contractors, or applicants and must comply with any other
relevant conflict of interest provisions in the Council's
policies or bylaws.
(b) Seventeen voting members, appointed by the Governor,
must be persons with developmental disabilities, parents or
guardians of persons with developmental disabilities, or
immediate relatives or guardians of persons with
mentally-impairing developmental disabilities. None of these
members may be employees of a State agency that receives
funds or provides services under the federal Developmental
Disabilities Assistance and Bill of Rights Act of 1996 (42
U.S.C. 6000 et seq.), as now or hereafter amended, managing
employees of any other entity that receives moneys or
provides services under the federal Developmental
Disabilities Assistance and Bill of Rights Act of 1996 (42
U.S.C. 6000 et seq.), as now or hereafter amended, or persons
with an ownership interest in or a controlling interest in
such an entity. Of the members appointed under this
subsection (b):
(1) at least 6 must be persons with developmental
disabilities;
(2) at least 6 must be parents, immediate relatives,
or guardians of children and adults with developmental
disabilities, including individuals with
mentally-impairing developmental disabilities who cannot
advocate for themselves; and
(3) 5 members must be a combination of persons
described in paragraphs (1) and (2); at least one of whom
must be (i) an immediate relative or guardian of an
individual with a developmental disability who resides or
who previously resided in an institution or (ii) an
individual with a developmental disability who resides or
who previously resided in an institution.
(c) Two voting members, appointed by the Governor, must
be representatives of local and non-governmental agencies and
private non-profit groups concerned with services for
individuals with developmental disabilities.
(d) Nine voting members shall be the Director of Public
Aid, or his or her designee; the Director of Aging, or his or
her designee; the Director of Children and Family Services,
or his or her designee; a representative of the State Board
of Education; a representative of the State protection and
advocacy system; a representative of the State University
Center for Excellence in Developmental Disabilities
Education, Research, and Service; representatives of the
Office of Developmental Disabilities and the Office of
Community Health and Prevention of the Department of Human
Services (as the State's lead agency for Title V of the
Social Security Act, 42 U.S.C. 701 et seq.) designated by the
Secretary of Human Services; and a representative of the
State entity that administers federal moneys under the
federal Rehabilitation Act.
(e) The Director of the Bureau of the Budget, or his or
her designee, shall be a non-voting member of the Council.
(f) The Governor must provide for the timely rotation of
members.
Appointments to the Council shall be for terms of 3
years. Appointments to fill vacancies occurring before the
expiration of a term shall be for the remainder of the term.
Members shall serve until their successors are appointed.
The Council, at the discretion of the Governor, may
coordinate and provide recommendations for new members to the
Governor based upon their review of the Council's composition
and on input received from other organizations and
individuals representing persons with developmental
disabilities, including the non-State agency members of the
Council. The Council must, at least once each year, advise
the Governor on the Council's membership requirements and
vacancies, including rotation requirements.
No member may serve for more than 2 successive terms.
(g) Members may not receive compensation for their
services, but shall be reimbursed for their reasonable
expenses plus up to $50 per day for any loss of wages
incurred in the performance of their duties.
(h) The total membership of the Council consists of the
number of voting members, as defined in this Section,
excluding any vacant positions. A quorum is a simple majority
of the total membership and is sufficient to constitute the
transaction of the business of the Council unless otherwise
stipulated in the bylaws of the Council.
(i) The Council must meet at least quarterly.
(20 ILCS 4010/2006) (from Ch. 91 1/2, par. 1956)
Sec. 2006. Powers and duties of the Council. The Council
shall serve as an advocate for all persons with developmental
disabilities to assure that they participate in the design of
and have access to needed community services, individualized
supports, and other forms of assistance that promote
self-determination, receive the services and other assistance
and opportunities necessary to enable them to achieve their
maximum potential through increased independence,
productivity, and integration into the community. As such,
the Council shall:
(a) Develop and implement the State plan required by
Chapter 75 of Title 42 of the United States Code (42 U.S.C.
6000, et seq.), as now or hereafter amended.
(a-5) Implement the State plan by conducting and
supporting advocacy, capacity building, and systemic change
activities, including but not limited to the following:
(1) outreach activities to identify, assist, and
enable individuals with developmental disabilities and
their families to obtain services, individualized
supports, and other assistance;
(2) training for individuals with developmental
disabilities, their families, communities, and others
regarding the support, services, and other assistance
necessary to achieve the goals of integration, inclusion,
productivity, and independence for persons with
developmental disabilities;
(3) technical assistance to assist public and
private entities to achieve the goals of this Section;
(4) supporting and educating communities to assist
neighborhoods and communities in responding positively to
individuals with developmental disabilities and their
families and in offering access to and use of services,
resources, and opportunities;
(5) inter-agency collaboration and coordination to
better serve, support, assist, or advocate for
individuals with developmental disabilities and their
families;
(6) coordination with other related councils,
committees, and programs;
(7) barrier elimination, systems design, and
redesign activities that enhance participation by
individuals with developmental disabilities in their
communities;
(8) providing policymakers with information from
Council-supported projects and activities in order to
increase the ability of policymakers to offer
opportunities to enhance or adapt generic or specialized
services to individuals with developmental disabilities
and their families;
(9) demonstration of new approaches to services and
support for people with developmental disabilities and
their families that are part of an overall strategy for
systemic change; and
(10) other advocacy, capacity building, and systemic
changes that promote a coordinated, consumer and
family-centered and directed comprehensive system of
community services.
(b) (Blank). Develop and submit to the Governor and the
General Assembly an annual comprehensive State interagency
plan with input from the principal State agencies that
provide or administer programs for persons with developmental
disabilities. The developmental disabilities services
implementation plan developed under the Developmental
Disabilities Services Law shall be incorporated into and
become a part of the annual plan required by this Law. The
council shall provide assistance and coordination to State
agencies in the development and oversight of the State
Developmental Disabilities System Plan as required by the
Developmental Disabilities Services Law, and all subsequent
and related planning requirements. The council shall submit
the plan, including a report on the status of implementation
of its various components, to the Governor and the General
Assembly on the first Wednesday of April of each year.
(c) Advise the principal State agencies that provide
services or administer programs for persons with
developmental disabilities, the General Assembly, and the
Governor concerning the use of State and federal resources
for persons with developmental disabilities, groups who are
not adequately served by the system, the prevention of
developmental disabilities, and other related matters.
(d) (Blank). Develop principles and values that support
integration, productivity and independence for persons with
developmental disabilities that will guide the design of the
service system.
(e) Recommend and advocate for the adoption of public
policies that which will affect the State service system to
support the independence, productivity, and integration, and
inclusion of persons with developmental disabilities.
(f) (Blank). Increase the capacities and resources of
public and private entities through a variety of activities
that will develop a system for providing specialized services
or special adaptations of generic services that respond to
the needs of persons with developmental disabilities and
their families. This system shall be coordinated among the
principal agencies providing services or administering
programs in the area of developmental disabilities.
(g) Take any other actions as may be reasonable to carry
out the purposes of this Article and Chapter 75 of Title 42
of the United States Code (42 U.S.C. 6000, et seq.), as now
or hereafter amended.
The Council shall promulgate rules and regulations to
implement this Article in accordance with the Illinois
Administrative Procedure Act.
The Council shall have the cooperation of relevant State
agencies in fulfilling its responsibilities.
(Source: P.A. 86-1190; 87-1158.)
Section 40. The Compensation Review Act is amended by
changing Section 2 as follows:
(25 ILCS 120/2) (from Ch. 63, par. 902)
Sec. 2. There is created the Compensation Review Board,
hereinafter referred to as the Board.
The Board shall consist of l2 members, appointed 3 each
by the Speaker of the House of Representatives, the Minority
Leader thereof, the President of the Senate, and the Minority
Leader thereof. Members shall be adults and be residents of
Illinois. Members may not be members or employees or former
members or employees of the judicial, executive or
legislative branches of State government; nor may members be
persons registered under the Lobbyist Registration Act. Any
member may be reappointed for a consecutive term but no
member may serve for more than 10 years total on the Board.
The respective appointing legislative leader may remove any
such appointed member prior to the expiration of his term on
the Board for official misconduct, incompetence or neglect of
duty.
Members shall serve without compensation but shall
receive an allowance for living expenses incurred in the
performance of their official duties in an amount per day
equal to the amount permitted to be deducted for such
expenses by members of the General Assembly under the federal
Internal Revenue Code, as now or hereafter amended. The rate
for reimbursement of mileage expenses shall be equal to the
amount established from time to time for members of the
General Assembly. The Board may, without regard to the
Personnel Code, employ and fix the compensation or
remuneration of employees as it considers necessary or
desirable. The General Assembly shall appropriate the funds
necessary to operate the Board.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 3620/8 rep.)
Section 50. The Public Transit Employee Training
Programs Act is amended by repealing Section 8.
Section 55. The Illinois Educational Labor Relations Act
is amended by changing Sections 5 and 17.1 as follows:
(115 ILCS 5/5) (from Ch. 48, par. 1705)
Sec. 5. Illinois Educational Labor Relations Board.
(a) There is hereby created the Illinois Educational
Labor Relations Board consisting of 7 of 5 members, no more
than 4 of 3 of whom may be of the same political party, who
are residents of Illinois appointed by the Governor with the
advice and consent of the Senate. The Governor shall appoint
to the Board only persons who have had a minimum of 5 years
of experience directly related to labor and employment
relations in representing educational employers or
educational employees in collective bargaining matters. One
appointed member shall be designated at the time of his or
her appointment to serve as chairman.
Of the 2 additional members appointed pursuant to this
amendatory Act of 1997, one shall be designated at the time
of his or her appointment to serve a term of 6 years and the
other shall be designated at the time of his or her
appointment to serve a term of 4 years, with each to serve
until his or her successor is appointed and qualified. In
the event the Senate is not in session at the time the 2
additional members are appointed pursuant to this amendatory
Act of 1997, the Governor shall make those appointments as
temporary appointments until the next meeting of the Senate
when he shall appoint, by and with the advice and consent of
the Senate, 2 persons to fill those memberships for their
unexpired terms.
The 2 additional members appointed pursuant to this
amendatory Act of the 91st General Assembly shall each serve
initial terms of 6 years.
(b) Each subsequent member shall be appointed in like
manner for a term of 6 years and until his or her successor
is appointed and qualified. Each member of the Board is
eligible for reappointment. Vacancies shall be filled in the
same manner as original appointments for the balance of the
unexpired term.
(c) The chairman shall be paid $50,000 per year, or an
amount set by the Compensation Review Board, whichever is
greater. Other members of the Board shall each be paid
$45,000 per year, or an amount set by the Compensation Review
Board, whichever is greater. They shall be entitled to
reimbursement for necessary traveling and other official
expenditures necessitated by their official duties.
(d) Four Three members of the Board constitute a quorum
and a vacancy on the board does not impair the right of the
remaining members to exercise all of the powers of the Board.
(e) Any member of the Board may be removed by the
Governor, upon notice, for neglect of duty or malfeasance in
office, but for no other cause.
(f) The Board may appoint or employ an executive
director, attorneys, hearing officers, and such other
employees as it deems necessary to perform its functions.
The Board shall prescribe the duties and qualifications of
such persons appointed and, subject to the annual
appropriation, fix their compensation and provide for
reimbursement of actual and necessary expenses incurred in
the performance of their duties.
(g) The Board may promulgate rules and regulations which
allow parties in proceedings before the Board to be
represented by counsel or any other person knowledgeable in
the matters under consideration.
(h) To accomplish the objectives and to carry out the
duties prescribed by this Act, the Board may subpoena
witnesses, subpoena the production of books, papers, records
and documents which may be needed as evidence on any matter
under inquiry and may administer oaths and affirmations.
In cases of neglect or refusal to obey a subpoena issued
to any person, the circuit court in the county in which the
investigation or the public hearing is taking place, upon
application by the Board, may issue an order requiring such
person to appear before the Board or any member or agent of
the Board to produce evidence or give testimony. A failure to
obey such order may be punished by the court as in civil
contempt.
Any subpoena, notice of hearing, or other process or
notice of the Board issued under the provisions of this Act
may be served personally, by registered mail or by leaving a
copy at the principal office of the respondent required to be
served. A return, made and verified by the individual making
such service and setting forth the manner of such service, is
proof of service. A post office receipt, when registered mail
is used, is proof of service. All process of any court to
which application may be made under the provisions of this
Act may be served in the county where the persons required to
be served reside or may be found.
(i) The Board shall adopt, promulgate, amend, or rescind
rules and regulations in accordance with "The Illinois
Administrative Procedure Act", as now or hereafter amended,
as it deems necessary and feasible to carry out this Act.
(j) The Board at the end of every State fiscal year
shall make a report in writing to the Governor and the
General Assembly, stating in detail the work it has done in
hearing and deciding cases and otherwise.
(Source: P.A. 90-548, eff. 1-1-98.)
(115 ILCS 5/17.1) (from Ch. 48, par. 1717.1)
Sec. 17.1. Precedents established by other labor boards.
Unless contradicted by administrative precedent previously
established by the Board, all final decisions in
representation and unfair labor practice cases decided by the
State or Local Panel of the Illinois Labor Relations Board or
their predecessors, the Illinois State Labor Relations Board
and the Illinois Local Labor Relations Board previously
created under the Illinois Public Labor Relations Act, which
have not been reversed by subsequent court rulings, shall be
considered, but need not be followed, by the Board.
(Source: P.A. 85-924.)
Section 60. The Illinois Banking Act is amended by
changing Sections 78 and 79 as follows:
(205 ILCS 5/78) (from Ch. 17, par. 390)
Sec. 78. Board of banks and trust companies; creation,
members, appointment. There is created a Board which shall
be known as the State Banking Board of Illinois which shall
consist of the Commissioner, who shall be its chairman, and
16 14 additional members divided into 3 two classes
designated Class A members, and Class B members, and Class C
members who are appointed by the Governor by and with the
advice and consent of the Senate and made up as follows:
Class A shall consist of 4 persons, none of whom shall be
an officer or director of or owner, whether direct or
indirect, of more than 5% of the outstanding capital stock of
any bank.
Class B shall consist of 10 persons who at the time of
their respective appointments shall have had not less than 10
years banking experience. Of the 10 Class B members, 2 shall
be from State banks having total assets of not more than
$20,000,000 at the time of their appointment, 2 shall be from
State banks having total assets of more than $20,000,000 but
not more than $50,000,000 at the time of their appointment, 2
shall be from State banks having total assets of more than
$50,000,000, but not more than $125,000,000 at the time of
their appointment, one shall be from a State bank having
total assets of more than $125,000,000 but not more than
$250,000,000 at the time of appointment, one shall be from a
State bank having total assets of more than $250,000,000 but
not more than $1,000,000,000 at the time of appointment, one
shall be from a State bank having total assets of more than
$1,000,000,000 at the time of appointment and one shall be
from a foreign banking corporation certificated pursuant to
the Foreign Banking Office Act.
Class C shall consist of 2 persons who shall be at-large
members representing the banking industry generally.
(Source: P.A. 84-905; 84-1004.)
(205 ILCS 5/79) (from Ch. 17, par. 391)
Sec. 79. Board, terms of office. The terms of office of
the Class A and Class B members of the Board of Banks and
Trust Companies who are in office on the effective date of
this Amendatory Act of 1985 shall expire on December 31,
1985. The terms of office of Class A, and Class B, and Class
C members of the State Banking Board shall be as follows:
(a) The terms of office of all Class A and Class B
members of the State Banking Board shall begin on January 1,
1986.
(b) The persons first appointed as the Class A members
of the State Banking Board shall have the following terms as
designated by the Governor; one person for a term of one
year, one person for a term of 2 years, one person for a term
of 3 years and one person for a term of 4 years. Thereafter,
the term of office of each Class A member shall be 4 years,
except that an appointment to fill a vacancy shall be for the
unexpired term of the member whose term is being filled.
(c) The persons first appointed as Class B members of
the State Banking Board shall have the following terms as
designated by the Governor; one member for a term of one
year, 3 members for a term of 2 years, 3 members for a term
of 3 years, and 3 members for a term of 4 years. Thereafter,
the term of office of each Class B member shall be 4 years,
except that an appointment to fill a vacancy shall be for the
unexpired term of the member whose term is being filled.
(c-5) The initial term of office of each Class C member
of the State Banking Board appointed pursuant to this
amendatory Act of the 91st General Assembly shall expire on
January 1, 2004. Thereafter, the term of office of each
Class C member shall be 4 years, except that an appointment
to fill a vacancy shall be for the unexpired term of the
member whose term is being filled.
(d) No Class A, or Class B, or Class C State Banking
Board member shall serve more than 2 full 4-year terms of
office.
(e) The term of office of a State Banking Board member
shall terminate automatically when the member no longer meets
the qualifications for the member's appointment to the Board
provided that an increase or decrease in the asset size of
the member's bank during the member's term of office on the
State Banking Board shall not result in the termination of
the member's term of office.
(Source: P.A. 90-301, eff. 8-1-97.)
Section 65. The Illinois Insurance Code is amended by
changing Section 143.28 as follows:
(215 ILCS 5/143.28) (from Ch. 73, par. 755.28)
Sec. 143.28. The rates and premium charges for all
policies of automobile insurance, as described in sub-section
(a) of Section 143.13 of this Code, shall include appropriate
reductions for insured automobiles which are equipped with
anti-theft mechanisms or devices approved by the Director.
To implement the provisions of this section, the Director
shall promulgate rules and regulations., and shall appoint an
Automotive Engineering Advisory Panel consisting of qualified
persons with expertise in automotive design, vehicle service,
and theft deterrent measures, to develop minimum performance
standards for certification of such anti-theft mechanisms and
devices and to develop minimum performance standards for
their certification. The Secretary of State or his
designated representative shall be a member of the Automotive
Engineering Advisory Panel, and shall provide the Panel with
technical and other assistance, as it shall require. The
rules and regulations promulgated hereunder shall include
procedures for certification to insurers that anti-theft
mechanisms and devices have been installed properly in
insured vehicles.
(Source: P.A. 81-0871; 81-1509.)
Section 70. The Environmental Health Practitioner
Licensing Act is amended by changing Section 18 as follows:
(225 ILCS 37/18)
Sec. 18. Board of Environmental Health Practitioners.
The Board of Environmental Health Practitioners is created
and shall exercise its duties as provided in this Act. The
Board shall consist of 7 members appointed by the Director.
Of the 7 members, 4 shall be environmental health
practitioners, one a Public Health Administrator who meets
the minimum qualifications for public health personnel
employed by full time local health departments as prescribed
by the Illinois Department of Public Health and is actively
engaged in the administration of a local health department
within this State, one full time professor teaching in the
field of environmental health practice, and one member of the
general public. In making the appointments to the Board, the
Director shall consider the recommendations of related
professional and trade associations including the Illinois
Environmental Health Association and the Illinois Public
Health Association and of the Director of Public Health.
Each of the environmental health practitioners shall have at
least 5 years of full time employment in the field of
environmental health practice before the date of appointment.
Each appointee filling the seat of an environmental health
practitioner appointed to the Board must be licensed under
this Act, however, in appointing the environmental health
practitioner members of the first Board, the Director may
appoint any environmental health practitioner who possesses
the qualifications set forth in Section 20 of this Act. Of
the initial appointments, 3 members shall be appointed for
3-year terms, 2 members for 2-year terms, and 2 members for
one-year terms. Each succeeding member shall serve for a
3-year term. No member may serve more than 2 consecutive
terms.
The membership of the Board shall reasonably reflect
representation from the various geographic areas of the
State.
A vacancy in the membership of the Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Board.
The members of the Board are entitled to receive as
compensation a reasonable sum as determined by the Director
for each day actually engaged in the duties of the office and
all legitimate and necessary expenses incurred in attending
the meetings of the Board.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
The Director may remove any member of the Board for any
cause that, in the opinion of the Director, reasonably
justifies termination.
(Source: P.A. 89-61, eff. 6-30-95.)
Section 75. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 4 and 5 as follows:
(230 ILCS 5/4) (from Ch. 8, par. 37-4)
Sec. 4. The Board shall consist of 11 9 members to be
appointed by the Governor with the advice and consent of the
Senate, not more than 6 5 of whom shall be of the same
political party, and one of whom shall be designated by the
Governor to be chairman. Each member shall have a reasonable
knowledge of harness or thoroughbred racing practices and
procedure and of the principles of harness or thoroughbred
racing and breeding and, at the time of his appointment,
shall be a resident of the State of Illinois and shall have
resided therein for a period of at least 5 years next
preceding his appointment and qualification and he shall be a
qualified voter therein and not less than 25 years of age.
(Source: P.A. 84-1240.)
(230 ILCS 5/5) (from Ch. 8, par. 37-5)
Sec. 5. As soon as practicable following the effective
date of this amendatory Act of 1995, the Governor shall
appoint, with the advice and consent of the Senate, members
to the Board as follows: 3 members for terms expiring July 1,
1996; 3 members for terms expiring July 1, 1998; and 3
members for terms expiring July 1, 2000. Of the 2 additional
members appointed pursuant to this amendatory Act of the 91st
General Assembly, the initial term of one member shall expire
on July 1, 2002 and the initial term of the other member
shall expire on July 1, 2004. Thereafter, the terms of
office of the Board members shall be 6 years. Incumbent
members on the effective date of this amendatory Act of 1995
shall continue to serve only until their successors are
appointed and have qualified.
Each member of the Board shall receive $300 per day for
each day the Board meets and for each day the member conducts
a hearing pursuant to Section 16 of this Act, provided that
no Board member shall receive more than $5,000 in such fees
during any calendar year, or an amount set by the
Compensation Review Board, whichever is greater. Members of
the Board shall also be reimbursed for all actual and
necessary expenses and disbursements incurred in the
execution of their official duties.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 80. The Liquor Control Act of 1934 is amended by
changing Sections 3-1, 3-2, 3-9, and 7-8 as follows:
(235 ILCS 5/3-1) (from Ch. 43, par. 97)
Sec. 3-1. There is hereby created an Illinois Liquor
Control Commission consisting of 7 5 members to be appointed
by the Governor with the advice and consent of the Senate, no
more than 4 3 of whom shall be members of the same political
party.
(Source: P.A. 83-779.)
(235 ILCS 5/3-2) (from Ch. 43, par. 98)
Sec. 3-2. Immediately, or soon as may be after the
effective date of this Act, the Governor shall appoint 3
members of the commission, one of whom shall be designated as
"Chairman", one to hold office for a period of 2 years, one
to hold office for a period of 4 years and one to hold office
for a period of 6 years. Immediately, or as soon as may be
after the effective date of this amendatory Act of 1983, the
Governor shall appoint 2 members to the commission to the
offices created by this amendatory Act of 1983, one for an
initial term expiring the third Monday in January of 1986 and
one for an initial term expiring the third Monday in January
of 1988. At the expiration of the term of any such
commissioner the Governor shall reappoint said commissioner
or appoint a successor of said commissioner for a period of 6
years. The Governor shall have power to fill vacancies in the
office of any commissioner.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the commission
is abolished on the effective date of this amendatory Act of
1985, but the incumbent members shall continue to exercise
all of the powers and be subject to all of the duties of
members of the commission until their respective successors
are appointed and qualified. The Governor shall appoint 2
members of the commission whose terms of office shall expire
on February 1, 1986, 2 members of the commission whose terms
of office shall expire on February 1, 1988, and one member of
the commission whose term shall expire on February 1, 1990.
Their respective successors shall be appointed for terms of 6
years from the first day of February of the year of
appointment. Each member shall serve until his successor is
appointed and qualified.
The initial term of both of the 2 additional members
appointed pursuant to this amendatory Act of the 91st General
Assembly shall expire on February 1, 2006. Their respective
successors shall be appointed for terms of 6 years from the
first day of February of the year of appointment. Each
member shall serve until his or her successor is appointed
and qualified.
(Source: P.A. 84-115.)
(235 ILCS 5/3-9) (from Ch. 43, par. 105)
Sec. 3-9. Compensation of commissioners, secretary, and
employees. The chairman of the Commission shall receive an
annual salary of $32,000 or such greater amount as may be set
by the Compensation Review Board. The other commissioners
shall receive an annual salary of $28,000 or such greater
amount as may be set by the Compensation Review Board. The
chairman, commissioners, and secretary of the Commission
shall receive an annual salary as set by the Compensation
Review Board. All clerks, inspectors, and employees of the
Commission shall receive reasonable compensation in an amount
fixed by the Commission, subject to the approval in writing
of the Governor.
(Source: P.A. 89-250, eff. 1-1-96.)
(235 ILCS 5/7-8) (from Ch. 43, par. 152)
Sec. 7-8. For each city, village or incorporated town
having a population of 500,000 or more inhabitants, there is
established a license appeal commission consisting of the
chairman of the Illinois Liquor Control Commission, the most
senior member of the Illinois Liquor Control Commission who
is not of the same political party as the chairman, and one
person who is a resident of the particular city, village or
incorporated town selected by the council or president and
board of trustees, as the case may be, who shall serve for a
term of 4 years and until his successor is selected and takes
office. Neither the mayor, president of the board of
trustees, nor any member of the council or board of trustees
shall be eligible for membership on a license appeal
commission. Each of the 2 members of the Illinois Liquor
Control Commission shall receive a $200 $100 per diem for
their work on the license appeal commission, and the other
member shall receive an annual salary which shall be paid by
the particular city, village or incorporated town. The
secretary of the Illinois Liquor Control Commission shall be
ex-officio the secretary for each license appeal commission.
(Source: P.A. 84-1282.)
(410 ILCS 425/9 rep.)
Section 85. The High Blood Pressure Control Act is
amended by repealing Section 9.
(410 ILCS 435/Act rep.)
Section 90. The Rheumatic Diseases Treatment Act is
repealed.
(415 ILCS 20/6.3 rep.)
Section 95. The Illinois Solid Waste Management Act is
amended by repealing Section 6.3.
Section 100. The Alternate Fuels Act is amended by
changing Section 20 as follows:
(415 ILCS 120/20)
Sec. 20. Rules. Alternate Fuels Advisory Board. The
Governor shall appoint an Alternate Fuels Advisory Board
representing all alternate fuels industries designated in
this Act and Illinois private fleet operators. The Advisory
Board shall be chaired by the Director. Other members
appointed by the Governor shall consist of 2 representatives
each from the ethanol and natural gas industries, one
representative from the liquid petroleum industry, one
representative from the electric industry, one representative
from the heavy duty engine manufacturing industry, and one
representative from Illinois private fleet operators. The
Advisory Board shall prepare and recommend to the Agency
Rules implementing Section 30 of this Act shall include, but
are, including, but not limited to, calculation of fuel cost
differential rebates and designation of acceptable conversion
and OEM technologies.
Members of the Advisory Board shall not be reimbursed
their costs and expenses of participation. All decisions of
the Advisory Board shall be decided on a one vote per member
basis with a majority of the Advisory Board membership to
rule.
In designating acceptable conversion or OEM technologies,
the Advisory Board and Agency shall favor, when available,
technology that is in compliance with the federal Clean Air
Act Amendments of 1990 and applicable implementing federal
regulations. Conversion and OEM technologies that
demonstrate emission reduction capabilities that meet or
exceed emission standards applicable for the vehicle's model
year and weight class shall be acceptable. Standards
requiring proper installation of approved conversion
technologies shall be included in the recommended rules.
Notwithstanding the above, engines used in alternate fuel
vehicles greater than 8500 pounds GVWR, whether new or
remanufactured, shall meet the appropriate United States
Environmental Protection Agency emissions standards at the
time of manufacture, and if converted, shall meet the
standards in effect at the time of conversion.
(Source: P.A. 89-410; 90-726, eff. 8-7-98.)
Section 105. The Attorney Act is amended by changing
Section 1 as follows:
(705 ILCS 205/1) (from Ch. 13, par. 1)
Sec. 1. No person shall be permitted to practice as an
attorney or counselor at law within this State without having
previously obtained a license for that purpose from the
Supreme Court of this State.
No person shall receive any compensation directly or
indirectly for any legal services other than a regularly
licensed attorney.
A license, as provided for herein, constitutes the person
receiving the same an attorney and counselor at law,
according to the law and customs thereof, for and during his
good behavior in the practice and authorizes him to demand
and receive fees for any services which he may render as an
attorney and counselor at law in this State. No person shall
be granted a license or renewal authorized by this Act who
has defaulted on an educational loan guaranteed by the
Illinois Student Assistance Commission; however, a license or
renewal may be issued to the aforementioned persons who have
established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission. No person shall
be granted a license or renewal authorized by this Act who is
more than 30 days delinquent in complying with a child
support order; a license or renewal may be issued, however,
if the person has established a satisfactory repayment record
as determined (i) by the Illinois Department of Public Aid
for cases being enforced under Article X of the Illinois
Public Aid Code or (ii) in all other cases by order of court
or by written agreement between the custodial parent and
non-custodial parent. No person shall be refused a license
under this Act on account of sex.
Any person practicing, charging or receiving fees for
legal services within this State, either directly or
indirectly, without being licensed to practice as herein
required, is guilty of contempt of court and shall be
punished accordingly, upon complaint being filed in any
Circuit Court of this State. Such proceedings shall be
conducted in the Courts of the respective counties where the
alleged contempt has been committed in the same manner as in
cases of indirect contempt and with the right of review by
the parties thereto.
The provisions of this Act shall be in addition to other
remedies permitted by law and shall not be construed to
deprive courts of this State of their inherent right to
punish for contempt or to restrain the unauthorized practice
of law.
Nothing in this Act shall be construed to prohibit
representation of a party by a person who is not an attorney
in a proceeding before either panel of the Illinois State
Labor Relations Board or the Illinois Local Labor Relations
Board under the Illinois Public Labor Relations Act, as now
or hereafter amended, the Illinois Educational Labor
Relations Board under the Illinois Educational Labor
Relations Act, as now or hereafter amended, the State Civil
Service Commission, the local Civil Service Commissions, or
the University Civil Service Merit Board, to the extent
allowed pursuant to rules and regulations promulgated by
those Boards and Commissions.
(Source: P.A. 89-6, eff. 3-6-95.)
Section 110. The Unified Code of Corrections is amended
by changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows:
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and Appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent
of the Department of Corrections which shall be:
(1) the paroling authority for persons sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977;
(2) the board of review for cases involving the
revocation of good conduct credits or a suspension or
reduction in the rate of accumulating such credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates for
certain prisoners sentenced under the law in existence prior
to the effective date of this amendatory Act of 1977, in
accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole and
mandatory supervised release under Section 5-8-1(a) of this
Code, and determining whether a violation of those conditions
warrant revocation of parole or mandatory supervised release
or the imposition of other sanctions.
(b) The Board shall consist of 15 12 persons appointed
by the Governor by and with the advice and consent of the
Senate. One member of the Board shall be designated by the
Governor to be Chairman and shall serve as Chairman at the
pleasure of the Governor. The members of the Board shall have
had at least 5 years of actual experience in the fields of
penology, corrections work, law enforcement, sociology, law,
education, social work, medicine, psychology, other
behavioral sciences, or a combination thereof. At least 7 6
members so appointed must have had at least 3 years
experience in the field of juvenile matters. No more than 8 6
Board members may be members of the same political party.
Each member of the Board shall serve on a full time basis and
shall not hold any other salaried public office, whether
elective or appointive. The Chairman of the Board shall
receive $35,000 a year, or an amount set by the Compensation
Review Board, whichever is greater, and each other member
$30,000, or an amount set by the Compensation Review Board,
whichever is greater.
(c) The terms of the present members of the Prisoner
Review Board shall expire on the effective date of this
amendatory Act of 1985, but the incumbent members shall
continue to exercise all of the powers and be subject to all
the duties of members of the Board until their respective
successors are appointed and qualified. The Governor shall
appoint 3 members to the Prisoner Review Board whose terms
shall expire on the third Monday in January 1987, 4 members
whose terms shall expire on the third Monday in January 1989,
and 3 members whose terms shall expire on the third Monday in
January 1991. The term of one of the members created by this
amendatory Act of 1986 shall expire on the third Monday in
January 1989 and the term of the other shall expire on the
third Monday in January 1991. The initial terms of the 3
additional members appointed pursuant to this amendatory Act
of the 91st General Assembly shall expire on the third Monday
in January 2006. Their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of the year of appointment. Each member shall serve
until his successor is appointed and qualified. Any member
may be removed by the Governor for incompetence, neglect of
duty, malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief
executive and administrative officer.
(Source: P.A. 85-1433.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the
term "Parole and Pardon Board" as used in any law of
Illinois, shall read "Prisoner Review Board." After the
effective date of this amendatory Act of 1977, the Prisoner
Review Board shall provide by rule for the orderly transition
of all files, records, and documents of the Parole and Pardon
Board and for such other steps as may be necessary to effect
an orderly transition and shall:
(1) hear by at least one member and through a panel
of at least 5 3 members decide, cases of prisoners who
were sentenced under the law in effect prior to the
effective date of this amendatory Act of 1977, and who
are eligible for parole;
(2) hear by at least one member and through a panel
of at least 5 3 members decide, the conditions of parole
and the time of discharge from parole, impose sanctions
for violations of parole, and revoke parole for those
sentenced under the law in effect prior to this
amendatory Act of 1977; provided that the decision to
parole and the conditions of parole for all prisoners who
were sentenced for first degree murder or who received a
minimum sentence of 20 years or more under the law in
effect prior to February 1, 1978 shall be determined by a
majority vote of the Prisoner Review Board;
(3) hear by at least one member and through a panel
of at least 5 3 members decide, the conditions of
mandatory supervised release and the time of discharge
from mandatory supervised release, impose sanctions for
violations of mandatory supervised release, and revoke
mandatory supervised release for those sentenced under
the law in effect after the effective date of this
amendatory Act of 1977;
(4) hear by at least 1 member and through a panel
of at least 5 3 members, decide cases brought by the
Department of Corrections against a prisoner in the
custody of the Department for alleged violation of
Department rules with respect to good conduct credits
pursuant to Section 3-6-3 of this Code in which the
Department seeks to revoke good conduct credits, if the
amount of time at issue exceeds 30 days or when, during
any 12 month period, the cumulative amount of credit
revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled
release. In such cases, the Department of Corrections may
revoke up to 30 days of good conduct credit. The Board
may subsequently approve the revocation of additional
good conduct credit, if the Department seeks to revoke
good conduct credit in excess of thirty days. However,
the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days
of good conduct credit for any prisoner or to increase
any penalty beyond the length requested by the
Department;
(5) hear by at least one member and through a panel
of at least 5 3 members decide, the release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of
1977, in accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel
of at least 5 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act; and
(8) hear by at least one member and, through a
panel of at least 5 3 members, decide cases brought by
the Department of Corrections against a prisoner in the
custody of the Department for court dismissal of a
frivolous lawsuit pursuant to Section 3-6-3(d) of this
Code in which the Department seeks to revoke up to 180
days of good conduct credit, and if the prisoner has not
accumulated 180 days of good conduct credit at the time
of the dismissal, then all good conduct credit
accumulated by the prisoner shall be revoked.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall
implement a pilot project in 3 correctional institutions
providing for the conduct of hearings under paragraphs (1)
and (4) of subsection (a) of this Section through interactive
video conferences. The project shall be implemented within 6
months after the effective date of this amendatory Act of
1996. Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall report
to the Governor and the General Assembly regarding the use,
costs, effectiveness, and future viability of interactive
video conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore good conduct credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of
its work, and the Chairman shall file a copy of such rules
and any amendments thereto with the Director and with the
Secretary of State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his parole or mandatory supervised release may
require by subpoena the attendance and testimony of witnesses
and the production of documentary evidence relating to any
matter under investigation or hearing. The Chairman of the
Board may sign subpoenas which shall be served by any agent
or public official authorized by the Chairman of the Board,
or by any person lawfully authorized to serve a subpoena
under the laws of the State of Illinois. The attendance of
witnesses, and the production of documentary evidence, may be
required from any place in the State to a hearing location in
the State before the Chairman of the Board or his designated
agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be
paid the same fees and mileage that are paid witnesses in the
circuit courts of the State, and witnesses whose depositions
are taken and the persons taking those depositions are each
entitled to the same fees as are paid for like services in
actions in the circuit courts of the State. Fees and mileage
shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order
requiring the attendance and testimony of witnesses or the
production of documentary evidence or both. A copy of such
petition shall be served by personal service or by registered
or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a
hearing upon the petition will be requested in a court room
to be designated in such notice before the judge hearing
motions or extraordinary remedies at a specified time, on a
specified date, not less than 10 nor more than 15 days after
the deposit of the copy of the written notice and petition in
the U.S. mails addressed to the person at his last known
address or after the personal service of the copy of the
notice and petition upon such person. The court upon the
filing of such a petition, may order the person refusing to
obey the subpoena to appear at an investigation or hearing,
or to there produce documentary evidence, if so ordered, or
to give evidence relative to the subject matter of that
investigation or hearing. Any failure to obey such order of
the circuit court may be punished by that court as a contempt
of court.
Each member of the Board and any hearing officer
designated by the Board shall have the power to administer
oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a
majority of the members then appointed to the Prisoner Review
Board shall constitute a quorum for the transaction of all
business of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 89-490, eff. 1-1-97; 89-656, eff. 1-1-97;
90-14, eff. 7-1-97.)
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. Hearing and Determination.
(a) The Prisoner Review Board shall meet as often as
need requires to consider the cases of persons eligible for
parole. Except as otherwise provided in paragraph (2) of
subsection (a) of Section 3-3-2 of this Act, the Prisoner
Review Board may meet and order its actions in panels of 5 3
or more members. The action of a majority of the panel shall
be the action of the Board. In consideration of persons
committed to the Juvenile Division, the panel shall have at
least a majority of members experienced in juvenile matters.
(b) If the person under consideration for parole is in
the custody of the Department, at least one member of the
Board shall interview him, and a report of that interview
shall be available for the Board's consideration. However,
in the discretion of the Board, the interview need not be
conducted if a psychiatric examination determines that the
person could not meaningfully contribute to the Board's
consideration. The Board may in its discretion parole a
person who is then outside the jurisdiction on his record
without an interview. The Board need not hold a hearing or
interview a person who is paroled under paragraphs (d) or (e)
of this Section or released on Mandatory release under
Section 3-3-10.
(c) The Board shall not parole a person eligible for
parole if it determines that:
(1) there is a substantial risk that he will not
conform to reasonable conditions of parole; or
(2) his release at that time would deprecate the
seriousness of his offense or promote disrespect for the
law; or
(3) his release would have a substantially adverse
effect on institutional discipline.
(d) A person committed under the Juvenile Court Act or
the Juvenile Court Act of 1987 who has not been sooner
released shall be paroled on or before his 20th birthday to
begin serving a period of parole under Section 3-3-8.
(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time
credit for good behavior shall be released on parole to serve
a period of parole under Section 5-8-1.
(f) The Board shall render its decision within a
reasonable time after hearing and shall state the basis
therefor both in the records of the Board and in written
notice to the person on whose application it has acted. In
its decision, the Board shall set the person's time for
parole, or if it denies parole it shall provide for a
rehearing not less frequently than once every year, except
that the Board may, after denying parole, schedule a
rehearing no later than 3 years from the date of the parole
denial, if the Board finds that it is not reasonable to
expect that parole would be granted at a hearing prior to the
scheduled rehearing date. If the Board shall parole a person,
and, if he is not released within 90 days from the effective
date of the order granting parole, the matter shall be
returned to the Board for review.
(g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name
and case number of the prisoner, the highest charge for which
the prisoner was sentenced, the length of sentence imposed,
the date of the sentence, the date of the parole, the basis
for the decision of the Board to grant parole and the vote of
the Board on any such decisions. The registry shall be made
available for public inspection and copying during business
hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the
exercise of its discretion under this Section.
(Source: P.A. 89-428, eff. 12-13-95; 89-689, eff. 12-31-96.)
Section 115. The Motor Vehicle Franchise Act is amended
by changing Section 16 as follows:
(815 ILCS 710/16)
Sec. 16. Motor Vehicle Review Board; Appointment. The
Secretary of State shall, within 6 months of the effective
date of this Act, establish a Motor Vehicle Review Board.
The Motor Vehicle Review Board shall be composed of 7 5
members appointed by the Secretary of State. The members
shall represent the public interest at large and shall not
have engaged in the sale, manufacture, or distribution of
motor vehicles at retail in this State. Each member of the
Board shall receive compensation as provided in the
regulations for performance of the duties of the office, and
in addition, shall be paid all travel and other necessary
expenses incurred while performing official duties. Terms of
office of the members shall be for 3 years, except that, of
the members first appointed to take office after the
effective date of this amendatory Act of 1995, 2 shall be
appointed for a 3-year term, and one shall be appointed for a
2-year term. Of the members first appointed under this
amendatory Act of 1996, one shall be appointed to a 3-year
term, and one shall be appointed to a 2-year term. Of the
members first appointed to take office after the effective
date of this amendatory Act of the 91st General Assembly, one
shall be appointed to a 3-year term and one shall be
appointed to a 2-year term. Thereafter, each member shall be
appointed for a 3-year term. As terms of appointment expire,
members shall serve until their respective successors are
appointed and qualified. No more than 4 members of the Board
may be of the same political party. No member shall serve
for more than 2 consecutive terms. A member who tenders a
written resignation shall serve only until the resignation is
accepted by the Chairperson. A member who fails to attend 3
consecutive Board meetings without an excused absence shall
no longer serve as a member. The Secretary of State shall
fill any vacancy by the appointment of a member for the
unexpired term of the member in the same manner as in the
making of original appointments. Annually, the Board shall
organize by selecting a Chairperson from one of the 7 5
members from the public at large.
(Source: P.A. 89-145, eff. 7-14-95; 89-687, eff. 6-1-97.)
(820 ILCS 220/2a rep.)
Section 120. The Safety Inspection and Education Act is
amended by repealing Section 2a.
Section 125. The Departments of State Government Law of
the Civil Administrative Code of Illinois is amended by
changing Sections 5-525 and 5-565 as follows:
(20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
Sec. 5-525. In the Department of Agriculture.
(a) (Blank). A Board of Agricultural Advisors composed
of 17 persons engaged in agricultural industries, including
representatives of the agricultural press and of the State
Agricultural Experiment Station.
(b) An Advisory Board of Livestock Commissioners to
consist of 25 persons. The Board shall consist of the
administrator of animal disease programs, the Dean of the
College of Agriculture of the University of Illinois, the
Dean of the College of Veterinary Medicine of the University
of Illinois, and commencing on January 1, 1990 the Deans or
Chairmen of the Colleges or Departments of Agriculture of
Illinois State University, Southern Illinois University, and
Western Illinois University in that order who shall each
serve for 1 year terms, provided that commencing on January
1, 1993 such terms shall be for 2 years in the same order,
the Director of Public Health, the Director of Natural
Resources, the chairman of the Agriculture, Conservation and
Energy Committee of the Senate, and the chairman of the
Committee on Agriculture of the House of Representatives, who
shall ex-officio be members of the Board, and 17 additional
persons interested in the prevention, elimination and control
of diseases of domestic animals and poultry who shall be
appointed by the Governor to serve at the Governor's
pleasure. An appointed member's office becomes vacant upon
the member's absence from 3 consecutive meetings. Of the 17
additional persons, one shall be a representative of breeders
of beef cattle, one shall be a representative of breeders of
dairy cattle, one shall be a representative of breeders of
dual purpose cattle, one shall be a representative of
breeders of swine, one shall be a representative of poultry
breeders, one shall be a representative of sheep breeders,
one shall be a veterinarian licensed in this State, one shall
be a representative of general or diversified farming, one
shall be a representative of deer or elk breeders, one shall
be a representative of livestock auction markets, one shall
be a representative of cattle feeders, one shall be a
representative of pork producers, one shall be a
representative of the State licensed meat packers, one shall
be a representative of canine breeders, one shall be a
representative of equine breeders, one shall be a
representative of the Illinois licensed renderers, and one
shall be a representative of livestock dealers. The members
shall receive no compensation but shall be reimbursed for
expenses necessarily incurred in the performance of their
duties. In the appointment of the Advisory Board of
Livestock Commissioners, the Governor shall consult with
representative persons and recognized organizations in the
respective fields concerning the appointments.
Rules and regulations of the Department of Agriculture
pertaining to the prevention, elimination, and control of
diseases of domestic animals and poultry shall be submitted
to the Advisory Board of Livestock Commissioners for approval
at its duly called meeting. The chairman of the Board shall
certify the official minutes of the Board's action and shall
file the certified minutes with the Department of Agriculture
within 30 days after the proposed rules and regulations are
submitted and before they are promulgated and made effective.
If the Board fails to take action within 30 days this
limitation shall not apply and the rules and regulations may
be promulgated and made effective. In the event it is deemed
desirable, the Board may hold hearings upon the rules and
regulations or proposed revisions. The Board members shall be
familiar with the Acts relating to the prevention,
elimination, and control of diseases among domestic animals
and poultry. The Department shall, upon the request of a
Board member, advise the Board concerning the administration
of the respective Acts.
The Director of Agriculture or his representative from
the Department shall act as chairman of the Board. The
Director shall call meetings of the Board from time to time
or when requested by 3 or more appointed members of the
Board. A quorum of appointed members must be present to
convene an official meeting. The chairman and ex-officio
members shall not be included in a quorum call. Ex-officio
members may be represented by a duly authorized
representative from their department, division, college, or
committee. Appointed members shall not be represented at a
meeting by another person. Ex-officio members and appointed
members shall have the right to vote on all proposed rules
and regulations; voting that in effect would pertain to
approving rules and regulations shall be taken by an oral
roll call. No member shall vote by proxy. The chairman
shall not vote except in the case of a tie vote. Any
ex-officio or appointed member may ask for and shall receive
an oral roll call on any motion before the Board. The
Department shall provide a clerk to take minutes of the
meetings and record transactions of the Board. The Board, by
oral roll call, may require an official court reporter to
record the minutes of the meetings.
(Source: P.A. 91-239, eff. 1-1-00; 91-457, eff. 1-1-00;
revised 8-25-99.)
(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
Sec. 5-565. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are
entitled to lead healthy lives. Governmental public health
has a specific responsibility to ensure that a system is in
place to allow the public health mission to be achieved. To
develop a system requires certain core functions to be
performed by government. The State Board of Health is to
assume the leadership role in advising the Director in
meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 17
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by
the Governor on and after June 30, 1998, and one of whom
shall be a senior citizen age 60 or over. Five members shall
be physicians licensed to practice medicine in all its
branches, one representing a medical school faculty, one who
is board certified in preventive medicine, and 2 who are
engaged in private practice. One member shall be a dentist;
one an environmental health practitioner; one a local public
health administrator; one a local board of health member; one
a registered nurse; one a veterinarian; one a public health
academician; one a health care industry representative; and 4
shall be citizens at large.
In the appointment of the first Board of Health members
appointed after September 19, 1991 (the effective date of
Public Act 87-633), the Governor shall appoint 5 members to
serve for terms of 5 years; 5 members to serve for terms of 2
years; and 5 members to serve for a term of one year. Members
appointed thereafter shall be appointed for terms of 3 years,
except that when an appointment is made to fill a vacancy,
the appointment shall be for the remaining term of the
position vacated. The initial terms for the 2 additional
members of the board who are citizens at large appointed
under Public Act 90-607 shall be for 3 years each, with these
positions thereafter being filled as with other members
appointed by the Governor. All members shall be legal
residents of the State of Illinois. The duties of the Board
shall include, but not be limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of,
the Department of Public Health or its Director for the
purpose of recommending to the Director one or more of
the following:
(i) The elimination of bodies whose activities
are not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose
activities encompass compatible programmatic
subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the
Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director
for public health emergencies and control of health
hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the
Director.
(5) To present public health issues to the Director
and to make recommendations for the resolution of those
issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through
the Director regarding the coordination of State public
health activities with other State and local public
health agencies and organizations.
(8) To report on or before February 1 of each year
on the health of the residents of Illinois to the
Governor, the General Assembly, and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or preemptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time
period, of the Department after September 19, 1991 (the
effective date of Public Act 87-633). The Board shall
review the proposed rules within 90 days of submission by
the Department. The Department shall take into
consideration any comments and recommendations of the
Board regarding the proposed rules prior to submission to
the Secretary of State for initial publication. If the
Department disagrees with the recommendations of the
Board, it shall submit a written response outlining the
reasons for not accepting the recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout
the State. At the conclusion of the hearings, the State
Board of Health shall issue a report, including its
recommendations, to the Director. The Director shall
take into consideration any comments or recommendations
made by the Board based on these hearings.
(10) To make recommendations to the Governor
through the Director concerning the development and
periodic updating of Statewide health objectives
encompassing, in part, the periodically published federal
health objectives for the nation, which will provide the
basis for the policy development and assurance roles of
the State Health Department, and to make recommendations
to the Governor through the Director regarding
legislation and funding necessary to implement the
objectives.
(11) Upon the request of the Governor, to recommend
to the Governor candidates for Director of Public Health
when vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
Upon appointment, the Board shall elect a chairperson
from among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000
per year, as designated by the Director for each day required
for transacting the business of the Board and shall be
reimbursed for necessary expenses incurred in the performance
of their duties. The Board shall meet from time to time at
the call of the Department, at the call of the chairperson,
or upon the request of 3 of its members, but shall not meet
less than 4 times per year.
(b) (Blank). An Advisory Board of Cancer Control which
shall consist of 9 members, one of whom shall be a senior
citizen age 60 or over, appointed by the Governor, one of
whom shall be designated as chairman by a majority of the
members of the Board. No less than 4 members shall be
recognized authorities in cancer control, and at least 4
members shall be physicians licensed to practice medicine in
all of its branches in the State of Illinois. In the
appointment of the first board the Governor shall appoint 2
members to serve for terms of 1 year, 2 for terms of 2 years,
and 3 for terms of 3 years. The members first appointed under
Public Act 83-1538 shall serve for a term of 3 years. All
members appointed thereafter shall be appointed for terms of
3 years, except that when an appointment is made to fill a
vacancy, the appointment shall be for the remaining term of
the position vacant. The members of the Board shall be
citizens of the State of Illinois. In the appointment of the
Advisory Board the Governor shall invite nominations from
recognized medical organizations of this State. The Board is
authorized to receive voluntary contributions from any source
and to expend the contributions for the purpose of cancer
control as authorized by this Act, and the laws of this
State.
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor
shall appoint 3 members to serve for terms of 1 year, 3 for
terms of 2 years, and 3 for terms of 3 years. The members
first appointed under Public Act 83-1538 shall serve for a
term of 3 years. All members appointed thereafter shall be
appointed for terms of 3 years, except that when an
appointment is made to fill a vacancy, the appointment shall
be for the remaining term of the position vacant. The members
of the Board shall be citizens of the State of Illinois. In
the appointment of members of the Advisory Board the Governor
shall appoint 3 members who shall be persons licensed to
practice medicine and surgery in the State of Illinois, at
least 2 of whom shall have received post-graduate training in
the field of pathology; 3 members who are duly elected
coroners in this State; and 5 members who shall have interest
and abilities in the field of forensic medicine but who shall
be neither persons licensed to practice any branch of
medicine in this State nor coroners. In the appointment of
medical and coroner members of the Board, the Governor shall
invite nominations from recognized medical and coroners
organizations in this State respectively. Board members,
while serving on business of the Board, shall receive actual
necessary travel and subsistence expenses while so serving
away from their places of residence.
(Source: P.A. 90-607, eff. 6-30-98; 91-239, eff. 1-1-00.)
(20 ILCS 225/Act rep.)
Section 135. The State Export Promotion Coordinating Act
is repealed.
(20 ILCS 505/17a-1 rep.)
Section 140. The Children and Family Services Act is
amended by repealing Section 17a-1.
(20 ILCS 1705/65 rep.)
Section 145. The Mental Health and Developmental
Disabilities Administration Act is amended by repealing
Section 65.
(20 ILCS 2310/2310-300 rep.)
Section 150. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Section 2310-300.
(20 ILCS 3937/Act rep.)
Section 155. The First Aid Task Force Act is repealed.
(20 ILCS 4035/Act rep.)
Section 160. The Year 2000 Technology Task Force Act is
repealed.
(70 ILCS 1705/37.2 rep.)
(70 ILCS 1705/37.3 rep.)
Section 165. The Northeastern Illinois Planning Act is
amended by repealing Sections 37.2 and 37.3.
(110 ILCS 370/2 rep.)
Section 170. The Police Training Institute Act is
amended by repealing Section 2.
(110 ILCS 925/4.03b rep.)
(110 ILCS 925/6 rep.)
Section 175. The Dental Student Grant Act is amended by
repealing Sections 4.03b and 6.
(210 ILCS 45/3-108a rep.)
Section 180. The Nursing Home Care Act is amended by
repealing Section 3-108a.
Section 185. The Campground Licensing and Recreational
Area Act is amended by changing Section 21 as follows:
(210 ILCS 95/21) (from Ch. 111 1/2, par. 781)
Sec. 21. (a) After consideration of the recommendations
of the Campground Licensing and Recreational Area Advisory
Council, provided by Section 22, The Department shall
promulgate such rules and regulations as may be necessary for
the proper enforcement of this Act, to protect the health and
safety of the public using such recreational areas and
campgrounds and may, when necessary, utilize the services of
any other State agencies to assist in carrying out the
purposes of this Act. These regulations shall include, but
are not limited to, standards relating to water supply,
sewage and solid waste disposal, food service sanitation,
design of buildings, rodent and insect control, water and
swimming hazards, first aid, communicable disease control,
safety, cleanliness and sanitation.
(b) The Department may designate county and
multiple-county health departments or municipal boards of
health to make inspections relating to compliance with this
Act and the standards prescribed by the Department. The
reports and recommendations of any such agency shall be in
writing and shall state its findings with respect to
compliance or non-compliance with this Act and the
regulations. The Department or the designated agency shall
make at least 1 annual inspection of each campground and
inspect any recreational area when deemed necessary.
(Source: P.A. 84-650.)
(210 ILCS 95/22 rep.)
Section 190. The Campground Licensing and Recreational
Area Act is amended by repealing Section 22.
Section 195. The Environmental Protection Act is amended
by changing Section 22.28 as follows:
(415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
Sec. 22.28. White goods.
(a) Beginning July 1, 1994, no person shall knowingly
offer for collection or collect white goods for the purpose
of disposal by landfilling unless the white good components
have been removed.
(b) Beginning July 1, 1994, no owner or operator of a
landfill shall accept any white goods for final disposal,
except that white goods may be accepted if:
(1) the landfill participates in the Industrial
Materials Exchange Service by communicating the
availability of white goods;
(2) prior to final disposal, any white good
components have been removed from the white goods; and
(3) if white good components are removed from the
white goods at the landfill, a site operating plan
satisfying this Act has been approved under the site
operating permit and the conditions of such operating
plan are met.
(c) For the purposes of this Section:
(1) "White goods" shall include all discarded
refrigerators, ranges, water heaters, freezers, air
conditioners, humidifiers and other similar domestic and
commercial large appliances.
(2) "White good components" shall include:
(i) any chlorofluorocarbon refrigerant gas;
(ii) any electrical switch containing mercury;
(iii) any device that contains or may contain
PCBs in a closed system, such as a dielectric fluid
for a capacitor, ballast or other component; and
(iv) any fluorescent lamp that contains
mercury.
(d) The Agency is authorized to provide financial
assistance to units of local government from the Solid Waste
Management Fund to plan for and implement programs to
collect, transport and manage white goods. Units of local
government may apply jointly for financial assistance under
this Section.
Applications for such financial assistance shall be
submitted to the Agency and must provide a description of:
(A) the area to be served by the program;
(B) the white goods intended to be included in
the program;
(C) the methods intended to be used for
collecting and receiving materials;
(D) the property, buildings, equipment and
personnel included in the program;
(E) the public education systems to be used as
part of the program;
(F) the safety and security systems that will
be used;
(G) the intended processing methods for each
white goods type;
(H) the intended destination for final
material handling location; and
(I) any staging sites used to handle collected
materials, the activities to be performed at such
sites and the procedures for assuring removal of
collected materials from such sites.
The application may be amended to reflect changes in
operating procedures, destinations for collected materials,
or other factors.
Financial assistance shall be awarded for a State fiscal
year, and may be renewed, upon application, if the Agency
approves the operation of the program.
(e) All materials collected or received under a program
operated with financial assistance under this Section shall
be recycled whenever possible. Treatment or disposal of
collected materials are not eligible for financial assistance
unless the applicant shows and the Agency approves which
materials may be treated or disposed of under various
conditions.
Any revenue from the sale of materials collected under
such a program shall be retained by the unit of local
government and may be used only for the same purposes as the
financial assistance under this Section.
(f) The Agency is authorized to adopt rules necessary or
appropriate to the administration of this Section.
(g) (Blank). There is established a White Goods Task
Force. The task force shall be composed of representatives
of all of the following:
(1) White goods retailers and manufacturers.
(2) Local governments.
(3) Affected businesses and utilities.
(4) Businesses involved in the processing, hauling,
and disposing of used white goods.
(5) Environmental advocacy groups.
The Director of the Agency and the Director of the
Department shall appoint the members of the task force, and
they or their designees shall serve as co-chairs of the task
force. The task force shall develop and propose desired
statutory, regulatory, and programmatic changes necessary to
effectively implement the provisions of this Section. The
task force shall report its recommendations to the Governor
and General Assembly by July 1, 1993.
(Source: P.A. 89-619, eff. 1-1-97.)
(415 ILCS 5/57.14 rep.)
Section 200. The Environmental Protection Act is amended
by repealing Section 57.14.
(415 ILCS 115/20 rep.)
Section 205. The Illinois Pollution Prevention Act is
amended by repealing Section 20.
Section 215. The Illinois Commission on Community
Service Act is amended by changing the Act title and Sections
0.01, 1, 2, 3, 4, 5.1, 6.1, and 7 as follows:
(20 ILCS 710/Act title)
An Act to create a Commission on Volunteerism and
Community Service and to define its powers and duties.
(Source: P.A. 86-1192. Title amended by P.A. 87-902; 88-597,
eff. 1-9-95; 89-626, eff. 8-9-96.)
(20 ILCS 710/0.01) (from Ch. 127, par. 3800)
Sec. 0.01. Short title. This Act may be cited as the
Illinois Commission on Volunteerism and Community Service
Act.
(Source: P.A. 88-597; 89-84, eff. 7-1-95.)
(20 ILCS 710/1) (from Ch. 127, par. 3801)
Sec. 1. Creation. There is created in the Department of
Human Services Commerce and Community Affairs the Illinois
Commission on Volunteerism and Community Service.
(Source: P.A. 88-597; 89-84, eff. 7-1-95.)
(20 ILCS 710/2) (from Ch. 127, par. 3802)
Sec. 2. Purpose. The purpose of the Illinois Commission
on Volunteerism and Community Service is to promote and
support community service in public and private programs to
meet the needs of Illinois citizens; to stimulate new
volunteerism and community service initiatives and
partnerships; and to serve as a resource and advocate within
the Department of Human Services Commerce and Community
Affairs for community service agencies, volunteers, and
programs which utilize State and private volunteers.
(Source: P.A. 88-597; 89-84, eff. 7-1-95.)
(20 ILCS 710/3) (from Ch. 127, par. 3803)
Sec. 3. Definitions.
"Commission" means the Illinois Commission on
Volunteerism and Community Service.
"Director" means the Executive Director of the Illinois
Commission on Volunteerism and Community Service.
"Staff" means the Illinois Commission on Volunteerism and
Community Service staff.
(Source: P.A. 88-597; 89-84, eff. 7-1-95.)
(20 ILCS 710/4) (from Ch. 127, par. 3804)
Sec. 4. Operation. The Lieutenant Governor shall
appoint a Director of the Lieutenant Governor's Commission on
Volunteerism and Community Service who shall serve at the
Lieutenant Governor's pleasure and who shall receive such
compensation as is determined by the Lieutenant Governor.
The Director shall employ such staff as is necessary to carry
out the purpose of this Act. The Commission, working in
cooperation with State agencies, individuals, local groups,
and organizations throughout the State, may undertake
programs and activities which further the purposes of this
Act including, but not limited to, the following:
(a) providing technical assistance to programs
which depend upon volunteers;
(b) initiating community service programs to meet
previously unmet needs in Illinois;
(c) promoting and coordinating efforts to expand
and improve the statewide community service network;
(d) recognizing outstanding community service
accomplishments;
(e) disseminating information to support community
service programs and to broaden community service
involvement throughout the State;
(f) implementing federally funded grant programs in
Illinois such as the National and Community Service Trust
Act.
The Commission may receive and expend funds, grants and
services from any source for purposes reasonable and
necessary to carry out a coordinated plan of community
service throughout the State.
(Source: P.A. 87-902; 88-597, eff. 1-9-95.)
(20 ILCS 710/5.1)
Sec. 5.1. Commission. The Commission is established to
encourage community service and volunteer participation as a
means of community and State problem-solving; to promote and
support voluntary citizen involvement in government and
private programs throughout the State; to develop a
long-term, comprehensive vision and plan of action for
national volunteerism and community service initiatives in
Illinois; and to serve as the State's liaison to national and
State organizations that support its mission.
The Commission shall consist of 15 to 25 bipartisan
voting members and up to 15 bipartisan nonvoting members. At
least 25% of the members must be from the City of Chicago.
The Governor shall appoint up to 25 voting members and up
to 15 nonvoting members. Of those initial 25 voting
members, 10 shall serve for 3 years, 8 shall serve for 2
years, and 7 shall serve for one year. Voting members
appointed by the Governor shall include at least one
representative of the following: an expert in the education,
training, and development needs of youth; the chairman of the
City Colleges of a municipality having a population of more
than 2 million; labor organizations; business; the human
services department of a municipality with a population of
more than 2 million; community based organizations; the State
Superintendent of Education; the Superintendent of Police of
a municipality having a population of more than 2 million; a
youth between 16 and 25 years old who is a participant or
supervisor in a community service program; the President of a
County Board of a county having a population of more than 3
million; an expert in older adult volunteerism; the public
health commissioner of a municipality having a population of
more than 2 million; local government; and a national service
program. A representative of; and the federal Corporation
for National Service shall be appointed as a nonvoting
member.
Appointing authorities shall ensure, to the maximum
extent practicable, that the Commission is diverse with
respect to race, ethnicity, age, gender, geography, and
disability. Not more than 50% of the Commission appointed by
the Governor may be from the same political party.
Subsequent voting members of the Commission shall serve
3-year terms. Commissioners must be allowed to serve until
new commissioners are appointed in order to maintain the
federally required number of commissioners.
Each nonvoting member shall serve at the pleasure of the
Governor.
Members of the Commission may not serve more than 3 2
consecutive terms. Vacancies shall be filled in the same
manner as the original appointments and any member so
appointed shall serve during the remainder of the term for
which the vacancy occurred. The members shall not receive
any compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties.
(Source: P.A. 88-597, eff. 1-9-95.)
(20 ILCS 710/6.1)
Sec. 6.1. Functions of Commission. The Commission shall
meet at least quarterly and shall advise and consult with the
Department of Human Services Commerce and Community Affairs
and the Director on all matters relating to community service
in Illinois. In addition, the Commission shall have the
following duties:
(a) prepare a 3-year national and community service
plan, developed through an open, public process and updated
annually;
(b) prepare the financial assistance applications of the
State under the National and Community Service Trust Fund Act
of 1993;
(c) assist in the preparation of the application by the
State Board of Education for assistance under that Act;
(d) prepare the State's application under that Act for
the approval of national service positions;
(e) assist in the provision of health care and child
care benefits under that Act;
(f) develop a State recruitment, placement, and
information dissemination system for participants in programs
that receive assistance under the national service laws;
(g) administer the State's grant program including
selection, oversight, and evaluation of grant recipients;
(h) make technical assistance available to enable
applicants to plan and implement service programs and to
apply for assistance under the national service laws;
(i) develop projects, training methods, curriculum
materials, and other activities related to service;
(j) coordinate its functions with any division of the
federal Corporation for National and Community Service
outlined in the National and Community Service Trust Fund Act
of 1993.
(k) publicize Commission Office services and promote
community involvement in the activities of the Commission
Office;
(l) promote increased visibility and support for
volunteers of all ages, especially youth and senior citizens,
and community service in meeting the needs of Illinois
citizens; and
(m) represent the Department of Human Services Commerce
and Community Affairs on such occasions and in such manner as
the Department of Commerce and Community Affairs may provide.
(Source: P.A. 88-597; 89-84, eff. 7-1-95.)
(20 ILCS 710/7)
Sec. 7. On the effective date of this amendatory Act of
the 91st General Assembly 1995, the authority, powers, and
duties in this Act of the Lieutenant Governor are transferred
to the Department of Commerce and Community Affairs are
transferred to the Department of Human Services.
(Source: P.A. 89-84, eff. 7-1-95.)
(20 ILCS 710/10 rep.)
Section 220. The Illinois Commission on Community
Service Act is amended by repealing Section 10.
Section 225. The Illinois Criminal Justice Information
Act is amended by changing Section 4 as follows:
(20 ILCS 3930/4) (from Ch. 38, par. 210-4)
Sec. 4. Illinois Criminal Justice Information Authority;
creation, membership, and meetings. There is created an
Illinois Criminal Justice Information Authority consisting of
18 16 members. The membership of the Authority shall consist
of the Illinois Attorney General, or his or her designee, the
Director of the Illinois Department of Corrections, the
Director of the Illinois Department of State Police, the
Sheriff of Cook County, the State's Attorney of Cook County,
the clerk of the circuit court of Cook County, the
Superintendent of the Chicago Police Department, the Director
of the Office of the State's Attorneys Appellate Prosecutor,
the Executive Director of the Illinois Law Enforcement
Training and Standards Board, and the following additional
members, each of whom shall be appointed by the Governor: a
circuit court clerk, a sheriff, and a State's Attorney of a
county other than Cook, a chief of police, and 5 members of
the general public.
The Governor from time to time shall designate a Chairman
of the Authority from the membership. All members of the
Authority appointed by the Governor shall serve at the
pleasure of the Governor for a term not to exceed 4 years.
The initial appointed members of the Authority shall serve
from January, 1983 until the third Monday in January, 1987 or
until their successors are appointed.
The Authority shall meet at least quarterly, and all
meetings of the Authority shall be called by the Chairman.
(Source: P.A. 91-483, eff. 1-1-00; revised 2-23-00.)
Section 230. The Sex Offender Management Board Act is
amended by changing Section 15 as follows:
(20 ILCS 4026/15)
Sec. 15. Sex Offender Management Board; creation;
duties.
(a) There is created the Sex Offender Management Board,
which shall consist of 20 members. The membership of the
Board shall consist of the following persons:
(1) Two members appointed by the Governor
representing the judiciary, one representing juvenile
court matters and one representing adult criminal court
matters;
(2) One member appointed by the Governor
representing Probation Services;
(3) One member appointed by the Governor
representing the Department of Corrections;
(4) One member appointed by the Governor
representing the Department of Human Services;
(5) One member appointed by the Governor
representing the Illinois State Police;
(6) One member appointed by the Governor
representing the Department of Children and Family
Services;
(7) One member appointed by the Attorney General
representing the Office of the Attorney General;
(8) Two members appointed by the Attorney General
who are licensed mental health professionals with
documented expertise in the treatment of sex offenders;
(9) Two members appointed by the Attorney General
who are State's Attorneys or assistant State's Attorneys,
one representing juvenile court matters and one
representing felony court matters;
(10) One member being the Cook County State's
Attorney or his or her designee;
(11) One member being the Director of the State's
Attorneys Appellate Prosecutor or his or her designee;
(12) One member being the Cook County Public
Defender or his or her designee;
(13) Two members appointed by the Governor who are
representatives of law enforcement, one juvenile officer
and one sex crime investigator;
(14) Two members appointed by the Attorney General
who are recognized experts in the field of sexual assault
and who can represent sexual assault victims and victims'
rights organizations; and
(15) One member being the State Appellate Defender
or his or her designee.
(b) The Governor and the Attorney General shall appoint
a presiding officer for the Board from among the board
members appointed under subsection (a) of this Section, which
presiding officer shall serve at the pleasure of the Governor
and the Attorney General.
(c) Each member of the Board shall demonstrate
substantial expertise and experience in the field of sexual
assault.
(d) (1) Any member of the Board created in subsection
(a) of this Section who is appointed under paragraphs (1)
through (7) of subsection (a) of this Section shall serve at
the pleasure of the official who appointed that member, for a
term of 5 years and may be reappointed. The members shall
serve without additional compensation.
(2) Any member of the Board created in subsection
(a) of this Section who is appointed under paragraphs (8)
through (14) of subsection (a) of this Section shall
serve for a term of 5 years and may be reappointed. The
members shall serve without compensation.
(3) The travel costs associated with membership on
the Board created in subsection (a) of this Section will
be reimbursed subject to availability of funds.
(e) The first meeting of this Board shall be held within
45 days of the effective date of this Act.
(f) The Board shall carry out the following duties:
(1) Not later than December 31, 2001 36 months
after the effective date of this Act, the Board shall
develop and prescribe separate standardized procedures
for the evaluation and identification of the offender and
recommend behavior management, monitoring, and counseling
based upon the knowledge that sex offenders are extremely
habituated and that there is no known cure for the
propensity to commit sex abuse. The Board shall develop
and implement measures of success based upon a no-cure
policy for intervention. The Board shall develop and
implement methods of intervention for sex offenders which
have as a priority the physical and psychological safety
of victims and potential victims and which are
appropriate to the needs of the particular offender, so
long as there is no reduction of the safety of victims
and potential victims.
(2) Not later than December 31, 2001 36 months
after the effective date of this Act, the Board shall
develop separate guidelines and standards for a system of
programs for the counseling of both juvenile and adult
sex offenders which can be utilized by offenders who are
placed on probation, committed to the Department of
Corrections or Department of Human Services, or placed on
mandatory supervised release or parole. The programs
developed under this paragraph (f) shall be as flexible
as possible so that the programs may be utilized by each
offender to prevent the offender from harming victims and
potential victims. The programs shall be structured in
such a manner that the programs provide a continuing
monitoring process as well as a continuum of counseling
programs for each offender as that offender proceeds
through the justice system. Also, the programs shall be
developed in such a manner that, to the extent possible,
the programs may be accessed by all offenders in the
justice system.
(3) There is established the Sex Offender
Management Board Fund in the State Treasury into which
funds received from public or private sources shall be
deposited, and from which funds shall be appropriated to
the Sex Offender Management Board for planning and
research.
(4) The Board shall develop and prescribe a plan to
research and analyze the effectiveness of the evaluation,
identification, and counseling procedures and programs
developed under this Act. The Board shall also develop
and prescribe a system for implementation of the
guidelines and standards developed under paragraph (2) of
this subsection (f) and for tracking offenders who have
been subjected to evaluation, identification, and
counseling under this Act. In addition, the Board shall
develop a system for monitoring offender behaviors and
offender adherence to prescribed behavioral changes. The
results of the tracking and behavioral monitoring shall
be a part of any analysis made under this paragraph (4).
(g) The Board may promulgate rules as are necessary to
carry out the duties of the Board.
(h) The Board and the individual members of the Board
shall be immune from any liability, whether civil or
criminal, for the good faith performance of the duties of the
Board as specified in this Section.
(Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98;
91-235, eff. 7-22-99.)
Section 235. The Compensation Review Act is amended by
changing Section 4 as follows:
(25 ILCS 120/4) (from Ch. 63, par. 904)
Sec. 4. Meetings of the Board; determining compensation;
public hearings; reports. The Board shall meet as often as
may be necessary and shall determine, upon a vote requiring
at least 7 affirmative votes, the compensation for members of
the General Assembly, judges, other than the county
supplement, State's attorneys, other than the county
supplement, the elected constitutional officers of State
government, and certain appointed officers of State
government.
In determining the compensation for each office, the
Compensation Review Board shall consider the following
factors:
(a) the skill required,
(b) the time required,
(c) the opportunity for other earned income,
(d) the value of public services as performed in
comparable states,
(e) the value of such services as performed in the
private sector in Illinois and comparable states based on the
responsibility and discretion required in the office,
(f) the average consumer prices commonly known as the
cost of living,
(g) the overall compensation presently received by the
public officials and all other benefits received,
(h) the interests and welfare of the public and the
financial ability of the State to meet those costs, and
(i) such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of such compensation.
The Board shall conduct public hearings prior to filing
its report.
At the public hearings, the Board shall allow interested
persons to present their views and comments. The Board may
prescribe reasonable rules for the conduct of public
hearings, to prevent undue repetition. The meetings of the
Board are subject to the Open Meetings Act.
The Board shall file an initial report with the House of
Representatives, the Senate, the Comptroller and the
Secretary of State. Subsequent reports shall be filed
therewith before April 1 May 1 in each even-numbered year
thereafter stating the annual salary for members of the
General Assembly, the elected State constitutional officers
and certain appointed State officers and compensated
employees and members of certain State departments, agencies,
boards and commissions whose terms begin in the next calendar
year; the annual salary for State's attorneys; and the annual
salary for the Auditor General and for Supreme Court,
Appellate Court, Circuit Court and Associate judges. If the
report increases the annual salary of judges, State's
attorneys, and the Auditor General, such increase shall take
effect as soon as the time period for disapproval or
reduction, as provided in subsection (b) of Section 5, has
expired.
The salaries in the report or as reduced by the General
Assembly, other than for judges, State's attorneys, and the
Auditor General, shall take effect as provided by law.
(Source: P.A. 90-375, eff. 8-14-97.)
Section 240. The Nonresident College Trustees Act is
amended by changing Section 1 as follows:
(110 ILCS 60/1) (from Ch. 144, par. 7)
Sec. 1. (a) In all colleges, universities and other
institutions of learning in the State of Illinois, not placed
under the control of the officers of this State, whether
organized under any general or special law, non-residents of
this State shall be eligible to the office of trustee;
provided, that at least 3 three members of the board of
trustees of any such institution of learning shall be
residents of this State. This subsection (a) does not apply
to the Board of Trustees of the University of Illinois,
Southern Illinois University, Chicago State University,
Eastern Illinois University, Governors State University,
Illinois State University, Northeastern Illinois University,
Northern Illinois University, or Western Illinois University.
(b) : Provided further, that No institution of learning
in this State shall be removed from this State unless by a
unanimous vote of the board of trustees.
(Source: P.A. 84-1308.)
Section 245. The University of Illinois Trustees Act is
amended by changing Section 1 as follows:
(110 ILCS 310/1) (from Ch. 144, par. 41)
Sec. 1. The Board of Trustees of the University of
Illinois shall consist of 9 trustees appointed by the
Governor, by and with the advice and consent of the Senate,
the Governor, and, until July 1, 2001, one voting student
member designated by the Governor from one campus of the
University and one nonvoting student member from each campus
of the University not represented by the voting student
member. The Governor shall designate one of the student
members serving on the Board on the effective date of this
amendatory Act of 1997 to serve as the voting student member
for the remainder of that student's term on the Board.
Beginning on July 1, 2001, and thereafter, the student
members of the Board shall all be nonvoting members, one
selected from each campus of the University.
Each student member shall serve a term of one year,
beginning on July 1 of each year or on the date of his or her
selection, whichever is later, and expiring on the next
succeeding June 30. The student members shall have all of
the privileges of membership, including the right to make and
second motions and to attend executive sessions, other than
the right to vote, except that until July 1, 2001 the student
member designated by the Governor as the voting student
member shall have the right to vote on all Board matters
except those involving faculty tenure, faculty promotion or
any issue on which the student member has a direct conflict
of interest. The method of selecting these student members
shall be determined by campus-wide student referendum, and
any student designated by the Governor to be a voting student
member shall be one of the students selected by this method.
A student member who is not entitled to vote on a measure at
a meeting of the Board or any of its committees shall not be
considered a member for the purpose of determining whether a
quorum is present at the time that measure is voted upon.
To be eligible for selection as a student member and to be
eligible to remain as a voting or nonvoting student member of
the Board, a student member must be a resident of this State,
must have and maintain a grade point average that is
equivalent to at least 2.5 on a 4.0 scale, and must be a full
time student enrolled at all times during his or her term of
office except for that part of the term which follows the
completion of the last full regular semester of an academic
year and precedes the first full regular semester of the
succeeding academic year at the university (sometimes
commonly referred to as the summer session or summer school).
If a voting or nonvoting student member serving on the Board
fails to continue to meet or maintain the residency, minimum
grade point average, or enrollment requirement established by
this Section, his or her membership on the Board shall be
deemed to have terminated by operation of law.
The term of each elected trustee who is in office on the
effective date of this amendatory Act of 1995 shall terminate
on the second Monday in January, 1996, or when a quorum of
the trustees initially to be appointed under this amendatory
Act of 1995 is appointed and qualified, whichever last
occurs.
No more than 5 of the 9 trustees appointed by the
Governor shall be affiliated with the same political party.
Each trustee appointed by the Governor must be a resident of
this State. A failure to meet or maintain this residency
requirement constitutes a resignation from and creates a
vacancy in the Board. The term of office of each appointed
trustee shall be 6 years from the third Monday in January of
each odd numbered year, except that of the 9 trustees
initially appointed by the Governor, 3 shall be appointed for
terms that commence on the date of their appointment and
expire on the second Monday in January, 1997; 3 shall be
appointed for terms that commence on the date of their
appointment and expire on the second Monday in January, 1999;
and 3 shall be appointed for terms that commence on the date
of their appointment and expire on the second Monday in
January, 2001. Upon expiration of the terms of the members
initially appointed by the Governor, their respective
successors shall be appointed for terms of 6 years from the
second Monday in January of each odd numbered year and until
their respective successors are appointed and qualified.
Vacancies shall be filled for the unexpired term in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make temporary appointments until
the next meeting of the Senate, when he shall appoint persons
to fill such memberships for the remainder of their
respective terms. If the Senate is not in session when
appointments for a full term are made, appointments shall be
made as in the case of vacancies.
No action of the board shall be invalidated by reason of
any vacancies on the board, or by reason of any failure to
select student members.
(Source: P.A. 89-4, eff. 7-1-95 (eff. date changed from
1-1-96 by P.A. 89-24); 89-5, eff. 1-1-96; 90-630, eff.
7-24-98.)
Section 250. The Southern Illinois University Management
Act is amended by changing Section 2 as follows:
(110 ILCS 520/2) (from Ch. 144, par. 652)
Sec. 2. The Board shall consist of 7 members appointed by
the Governor, by and with the advice and consent of the
Senate, the Superintendent of Public Instruction, or his
chief assistant for liaison with higher education when
designated to serve in his place, ex-officio, and, until July
1, 2001, one voting student member designated by the Governor
from one campus of the University and one nonvoting student
member from the campus of the University not represented by
the voting student member. The Governor shall designate one
of the student members serving on the Board on the effective
date of this amendatory Act of 1997 to serve as the voting
student member for the remainder of that student's term on
the Board. Beginning on July 1, 2001, and thereafter, the 2
student members of the Board shall be nonvoting members, each
to be selected by the respective campuses of Southern
Illinois University at Carbondale and Edwardsville. The
method of selecting these student members shall be determined
by campus-wide student referendum, and any student designated
by the Governor to be a voting student member shall be one of
the students selected by this method. The student members
shall serve terms of one year beginning on July 1 of each
year, except that the student members initially selected
shall serve a term beginning on the date of such selection
and expiring on the next succeeding June 30. To be eligible
for selection as a student member and to be eligible to
remain as a voting or nonvoting student member of the Board,
a student member must be a resident of this State, must have
and maintain a grade point average that is equivalent to at
least 2.5 on a 4.0 scale, and must be a full time student
enrolled at all times during his or her term of office
except for that part of the term which follows the completion
of the last full regular semester of an academic year and
precedes the first full regular semester of the succeeding
academic year at the university (sometimes commonly referred
to as the summer session or summer school). If a voting or
nonvoting student member serving on the Board fails to
continue to meet or maintain the residency, minimum grade
point average, or enrollment requirement established by this
Section, his or her membership on the Board shall be deemed
to have terminated by operation of law. No more than 4 of the
members appointed by the Governor shall be affiliated with
the same political party. Each member appointed by the
Governor must be a resident of this State. A failure to meet
or maintain this residency requirement constitutes a
resignation from and creates a vacancy in the Board. Upon the
expiration of the terms of members appointed by the Governor,
their respective successors shall be appointed for terms of 6
years from the third Monday in January of each odd-numbered
year and until their respective successors are appointed for
like terms. If the Senate is not in session appointments
shall be made as in the case of vacancies.
(Source: P.A. 90-630, eff. 7-24-98.)
Section 255. The Chicago State University Law is amended
by changing Section 5-15 as follows:
(110 ILCS 660/5-15)
Sec. 5-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor
by and with the advice and consent of the Senate, and, until
July 1, 2001, one voting member who is a student at Chicago
State University. The student member serving on the Board on
the effective date of this amendatory Act of 1997 shall be a
voting student member for the remainder of his or her term on
the Board. Beginning on July 1, 2001, and thereafter, the
student member of the Board shall be a nonvoting member. The
method of selecting the student member shall continue to be
determined by a campus-wide student referendum. The student
member shall serve a term of one year beginning on July 1 of
each year, except that the student member initially selected
shall serve a term beginning on the date of his or her
selection and expiring on the next succeeding June 30. To be
eligible for selection as a student member and to be eligible
to remain as a student member of the Board, the student
member must be a resident of this State, must have and
maintain a grade point average that is equivalent to at least
2.5 on a 4.0 scale, and must be a full time student enrolled
at all times during his or her term of office except for that
part of the term which follows the completion of the last
full regular semester of an academic year and precedes the
first full regular semester of the succeeding academic year
at the university (sometimes commonly referred to as the
summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain
the residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. Of the members first appointed by the
Governor, 4 shall be appointed for terms to expire on the
third Monday in January, 1999, and 3 shall be appointed for
terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this
Article, or if a vacancy in an appointive membership occurs
at a time when the Senate is not in session, the Governor
shall make temporary appointments until the next meeting of
the Senate when he shall nominate persons to fill such
memberships for the remainder of their respective terms. No
more than 4 of the members appointed by the Governor shall be
affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
90-814, eff. 2-4-99.)
Section 260. The Eastern Illinois University Law is
amended by changing Section 10-15 as follows:
(110 ILCS 665/10-15)
Sec. 10-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor
by and with the advice and consent of the Senate, and, until
July 1, 2001, one voting member who is a student at Eastern
Illinois University. The student member serving on the Board
on the effective date of this amendatory Act of 1997 shall be
a voting student member for the remainder of his or her term
on the Board. Beginning on July 1, 2001, and thereafter, the
student member of the Board shall be a nonvoting member. The
method of selecting the student member shall continue to be
determined by a campus-wide student referendum. The student
member shall serve a term of one year beginning on July 1 of
each year, except that the student member initially selected
shall serve a term beginning on the date of his or her
selection and expiring on the next succeeding June 30. To be
eligible for selection as a student member and to be eligible
to remain as a student member of the Board, the student
member must be a resident of this State, must have and
maintain a grade point average that is equivalent to at least
2.5 on a 4.0 scale, and must be a full time student enrolled
at all times during his or her term of office except for that
part of the term which follows the completion of the last
full regular semester of an academic year and precedes the
first full regular semester of the succeeding academic year
at the university (sometimes commonly referred to as the
summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain
the residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. Of the members first appointed by the
Governor, 4 shall be appointed for terms to expire on the
third Monday in January, 1999, and 3 shall be appointed for
terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this
Article, or if a vacancy in an appointive membership occurs
at a time when the Senate is not in session, the Governor
shall make temporary appointments until the next meeting of
the Senate when he shall nominate persons to fill such
memberships for the remainder of their respective terms. No
more than 4 of the members appointed by the Governor shall be
affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
90-814, eff. 2-4-99.)
Section 265. The Governors State University Law is
amended by changing Section 15-15 as follows:
(110 ILCS 670/15-15)
Sec. 15-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor
by and with the advice and consent of the Senate, and, until
July 1, 2001, one voting member who is a student at Governors
State University. The student member serving on the Board on
the effective date of this amendatory Act of 1997 shall be a
voting student member for the remainder of his or her term on
the Board. Beginning on July 1, 2001, and thereafter, the
student member of the Board shall be a nonvoting member. The
method of selecting the student member shall continue to be
determined by a campus-wide student referendum. The student
member shall serve a term of one year beginning on July 1 of
each year, except that the student member initially selected
shall serve a term beginning on the date of his or her
selection and expiring on the next succeeding June 30. To be
eligible for selection as a student member and to be eligible
to remain as a student member of the Board, the student
member must be a resident of this State, must have and
maintain a grade point average that is equivalent to at least
2.5 on a 4.0 scale, and must be a full time student enrolled
at all times during his or her term of office except for that
part of the term which follows the completion of the last
full regular semester of an academic year and precedes the
first full regular semester of the succeeding academic year
at the university (sometimes commonly referred to as the
spring/summer semester). If a student member serving on the
Board fails to continue to meet or maintain the residency,
minimum grade point average, or enrollment requirement
established by this Section, his or her membership on the
Board shall be deemed to have terminated by operation of law.
Of the members first appointed by the Governor, 4 shall be
appointed for terms to expire on the third Monday in January,
1999, and 3 shall be appointed for terms to expire on the
third Monday in January, 2001. If the Senate is not in
session on the effective date of this Article, or if a
vacancy in an appointive membership occurs at a time when the
Senate is not in session, the Governor shall make temporary
appointments until the next meeting of the Senate when he
shall nominate persons to fill such memberships for the
remainder of their respective terms. No more than 4 of the
members appointed by the Governor shall be affiliated with
the same political party. Each member appointed by the
Governor must be a resident of this State. A failure to meet
or maintain this residency requirement constitutes a
resignation from and creates a vacancy in the Board. Upon the
expiration of the terms of members appointed by the Governor,
their respective successors shall be appointed for terms of 6
years from the third Monday in January of each odd-numbered
year. Any members appointed to the Board shall continue to
serve in such capacity until their successors are appointed
and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
90-814, eff. 2-4-99.)
Section 270. The Illinois State University Law is
amended by changing Section 20-15 as follows:
(110 ILCS 675/20-15)
Sec. 20-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor
by and with the advice and consent of the Senate, and, until
July 1, 2001, one voting member who is a student at Illinois
State University. The student member serving on the Board on
the effective date of this amendatory Act of 1997 shall be a
voting student member for the remainder of his or her term on
the Board. Beginning on July 1, 2001, and thereafter, the
student member of the Board shall be a nonvoting member. The
method of selecting the student member shall continue to be
determined by a campus-wide student referendum. The student
member shall serve a term of one year beginning on July 1 of
each year, except that the student member initially selected
shall serve a term beginning on the date of his or her
selection and expiring on the next succeeding June 30. To be
eligible to remain as a student member of the Board, the
student member must be a resident of this State, must have
and maintain a grade point average that is equivalent to at
least 2.5 on a 4.0 scale, and must be a full time student
enrolled at all times during his or her term of office except
for that part of the term which follows the completion of the
last full regular semester of an academic year and precedes
the first full regular semester of the succeeding academic
year at the university (sometimes commonly referred to as the
summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain
the residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. Of the members first appointed by the
Governor, 4 shall be appointed for terms to expire on the
third Monday in January, 1999, and 3 shall be appointed for
terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this
Article, or if a vacancy in an appointive membership occurs
at a time when the Senate is not in session, the Governor
shall make temporary appointments until the next meeting of
the Senate when he shall nominate persons to fill such
memberships for the remainder of their respective terms. No
more than 4 of the members appointed by the Governor shall be
affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
90-814, eff. 2-4-99.)
Section 275. The Northeastern Illinois University Law is
amended by changing Section 25-15 as follows:
(110 ILCS 680/25-15)
Sec. 25-15. Membership; terms; vacancies. The Board
shall consist of 9 voting members who are residents of this
State and are appointed by the Governor by and with the
advice and consent of the Senate, and, until July 1, 2001,
one voting member who is a student at Northeastern Illinois
University. The student member serving on the Board on the
effective date of this amendatory Act of 1997 shall be a
voting student member for the remainder of his or her term on
the Board. Beginning on July 1, 2001, and thereafter, the
student member of the Board shall be a nonvoting member.
Beginning with the 1999-2000 academic year, the student
member shall be elected by a campus-wide referendum of all
students of the University. The student member shall serve a
term of one year beginning on July 1 of each year, except
that the student member initially selected under this
amendatory Act of the 91st General Assembly shall serve a
term beginning on the date of his or her selection and
expiring on the next succeeding June 30. To be eligible to
remain as a student member of the Board, the student member
must be a resident of this State, must have and maintain a
grade point average that is equivalent to at least 2.5 on a
4.0 scale, and must be a full time undergraduate student
enrolled at all times during his or her term of office except
for that part of the term which follows the completion of the
last full regular semester of an academic year and precedes
the first full regular semester of the succeeding academic
year at the university (sometimes commonly referred to as the
summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain
the residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. If any member of the Board appointed by the
Governor fails to continue to meet or maintain the residency
requirement established by this Section, he or she shall
resign membership on the Board within 30 days thereafter and,
failing submission of this resignation, his or her membership
on the Board shall be deemed to have terminated by operation
of law. Of the members first appointed by the Governor, 4
shall be appointed for terms to expire on the third Monday in
January, 1999 and until their successors are appointed and
qualified, and 3 shall be appointed for terms to expire on
the third Monday in January, 2001 and until their successors
are appointed and qualified. The 2 additional members
appointed by the Governor, by and with the advice and consent
of the Senate, under this amendatory Act of the 91st General
Assembly, shall not be from the same political party and
shall be appointed for terms to expire on the third Monday in
January, 2003 and until their successors are appointed and
qualified. Any vacancy in membership existing on January 1,
1999 shall be filled by appointment by the Governor, with the
advice and consent of the Senate, for a term to expire on the
third Monday in January, 2003. If the Senate is not in
session on the effective date of this Article, or if a
vacancy in an appointive membership occurs at a time when the
Senate is not in session, the Governor shall make temporary
appointments to fill the vacancy. Members with these
temporary appointments shall be deemed qualified to serve
upon appointment and shall continue to serve until the next
meeting of the Senate when the Governor shall appoint persons
to fill such memberships, by and with the advice and consent
of the Senate, for the remainder of their respective terms.
No more than 5 of the members appointed by the Governor shall
be affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor for other than temporary appointments, their
respective successors shall be appointed, by and with the
advice and consent of the Senate, for terms of 6 years from
the third Monday in January of each odd-numbered year. Any
members appointed to the Board shall continue to serve in
such capacity until their successors are appointed and
qualified.
(Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99;
91-565, 8-14-99.)
Section 280. The Northern Illinois University Law is
amended by changing Section 30-15 as follows:
(110 ILCS 685/30-15)
Sec. 30-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor
by and with the advice and consent of the Senate, and, until
July 1, 2001, one voting member who is a student at Northern
Illinois University. The student member serving on the Board
on the effective date of this amendatory Act of 1997 shall be
a voting student member for the remainder of his or her term
on the Board. Beginning on July 1, 2001, and thereafter, the
student member of the Board shall be a nonvoting member. The
method of selecting the student member shall continue to be
determined by a campus-wide student referendum. The student
member shall serve a term of one year beginning on July 1 of
each year, except that the student member initially selected
shall serve a term beginning on the date of his or her
selection and expiring on the next succeeding June 30. To be
eligible to remain as a student member of the Board, the
student member must be a resident of this State, must have
and maintain a grade point average that is equivalent to at
least 2.5 on a 4.0 scale, and must be a full time student
enrolled at all times during his or her term of office except
for that part of the term which follows the completion of the
last full regular semester of an academic year and precedes
the first full regular semester of the succeeding academic
year at the university (sometimes commonly referred to as the
summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain
the residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. Of the members first appointed by the
Governor, 4 shall be appointed for terms to expire on the
third Monday in January, 1999, and 3 shall be appointed for
terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this
Article, or if a vacancy in an appointive membership occurs
at a time when the Senate is not in session, the Governor
shall make temporary appointments until the next meeting of
the Senate when he shall nominate persons to fill such
memberships for the remainder of their respective terms. No
more than 4 of the members appointed by the Governor shall be
affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
90-814, eff. 2-4-99.)
Section 285. The Western Illinois University Law is
amended by changing Section 35-15 as follows:
(110 ILCS 690/35-15)
Sec. 35-15. Membership; terms; vacancies. The Board
shall consist of 7 voting members appointed by the Governor
by and with the advice and consent of the Senate, and, until
July 1, 2001, one voting member who is a student at Western
Illinois University. The student member serving on the Board
on the effective date of this amendatory Act of 1997 shall be
a voting student member for the remainder of his or her term
on the Board. Beginning on July 1, 2001, and thereafter,
the student member of the Board shall be a nonvoting member.
The method of selecting the student member shall continue to
be determined by a campus-wide student referendum. The
student member shall serve a term of one year beginning on
July 1 of each year, except that the student member initially
selected shall serve a term beginning on the date of his or
her selection and expiring on the next succeeding June 30. To
be eligible to remain as a student member of the Board, the
student member must be a resident of this State, must have
and maintain a grade point average that is equivalent to at
least 2.5 on a 4.0 scale, and must be a full time student
enrolled at all times during his or her term of office except
for that part of the term which follows the completion of the
last full regular semester of an academic year and precedes
the first full regular semester of the succeeding academic
year at the university (sometimes commonly referred to as the
summer session or summer school). If a student member
serving on the Board fails to continue to meet or maintain
the residency, minimum grade point average, or enrollment
requirement established by this Section, his or her
membership on the Board shall be deemed to have terminated by
operation of law. Of the members first appointed by the
Governor, 4 shall be appointed for terms to expire on the
third Monday in January, 1999, and 3 shall be appointed for
terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this
Article, or if a vacancy in an appointive membership occurs
at a time when the Senate is not in session, the Governor
shall make temporary appointments until the next meeting of
the Senate when he shall nominate persons to fill such
memberships for the remainder of their respective terms. No
more than 4 of the members appointed by the Governor shall be
affiliated with the same political party. Each member
appointed by the Governor must be a resident of this State.
A failure to meet or maintain this residency requirement
constitutes a resignation from and creates a vacancy in the
Board. Upon the expiration of the terms of members appointed
by the Governor, their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of each odd-numbered year. Any members appointed to
the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98;
90-814, eff. 2-4-99.)
Section 290. The Departments of State Government Law of
the Civil Administrative Code of Illinois is amended by
changing Section 5-405 as follows:
(20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
Sec. 5-405. In the Department of Revenue. The Director
of Revenue shall receive an annual salary as set by the
Governor from time to time or as set by the Compensation
Review Board, whichever is greater.
The Assistant Director of Revenue shall receive an annual
salary as set by the Governor from time to time or as set by
the Compensation Review Board, whichever is greater.
Beginning July 1, 1990, the annual salary of the Taxpayer
Ombudsman shall be the greater of an amount set by the
Compensation Review Board or $69,000, adjusted each July 1
thereafter by a percentage increase equivalent to that of the
"Employment Cost Index, Wages and Salaries, By Occupation and
Industry Groups: State and Local Government Workers: Public
Administration" as published by the Bureau of Labor
Statistics of the U.S. Department of Labor for the calendar
year immediately preceding the year of the respective July
1st increase date, the increase to be no less than zero nor
greater than 5% and to be added to the then current annual
salary.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
Section 295. The Personnel Code is amended by changing
Section 7d as follows:
(20 ILCS 415/7d) (from Ch. 127, par. 63b107d)
Sec. 7d. Compensation. The chairman shall be paid an
annual salary of $8,200 from the third Monday in January,
1979 to the third Monday in January, 1980; $8,700 from the
third Monday in January, 1980 to the third Monday in January,
1981; $9,300 from the third Monday in January, 1981 to the
third Monday in January 1982;, and $10,000 from the third
Monday in January, 1982 to the effective date of this
amendatory Act of the 91st General Assembly; and $25,000
thereafter, or as set by the Compensation Review Board,
whichever is greater. Other members of the Commission shall
each be paid an annual salary of $5,500 from the third Monday
in January, 1979 to the third Monday in January, 1980; $6,000
from the third Monday in January, 1980 to the third Monday in
January, 1981; $6,500 from the third Monday in January, 1981
to the third Monday in January, 1982;, and $7,500 from the
third Monday in January, 1982 to the effective date of this
amendatory Act of the 91st General Assembly; and $20,000
thereafter, or as set by the Compensation Review Board,
whichever is greater. They shall be entitled to reimbursement
for necessary traveling and other official expenditures
necessitated by their official duties.
(Source: P.A. 83-1177.)
Section 300. The State Fire Marshal Act is amended by
changing Section 1 as follows:
(20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
Sec. 1. There is hereby created the Office of the State
Fire Marshal, hereinafter referred to as the Office.
The Office shall be under an executive director who shall
be appointed by the Governor with the advice and consent of
the Senate.
The executive director of the Office shall be known as
the State Fire Marshal and shall receive an annual salary as
set by the Governor from time to time $70,197 per year, or as
an amount set by the Compensation Review Board, whichever is
greater. If set by the Governor, the annual salary may not
exceed 85% of the annual salary of the Governor.
The Office of the State Fire Marshal shall have a
Division of Fire Prevention which shall assume the duties of
the Division of Fire Prevention, Department of Law
Enforcement, and a Division of Personnel Standards and
Education which shall assume the duties of Illinois Fire
Protection Personnel Standards and Education Commission.
Each Division shall be headed by a deputy State Fire Marshal.
The deputy State Fire Marshals shall be employed by the Fire
Marshal, subject to the Personnel Code, and shall be
responsible to the Fire Marshal.
(Source: P.A. 89-703, eff. 1-17-97.)
(220 ILCS 5/Art. XI rep.)
Section 305. The Public Utilities Act is amended by
repealing Article XI.
Section 999. Effective date. This Act takes effect 30
days after becoming law.
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