Bill Amendment: IL HB1563 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2023-01-10 - Passed Both Houses [HB1563 Detail]
Download: Illinois-2021-HB1563-Senate_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2023-01-10 - Passed Both Houses [HB1563 Detail]
Download: Illinois-2021-HB1563-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1563
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2 | AMENDMENT NO. ______. Amend House Bill 1563 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 10. The Civil Administrative Code of Illinois is | ||||||
5 | amended by changing Section 5-200 as follows:
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6 | (20 ILCS 5/5-200) (was 20 ILCS 5/7.11)
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7 | Sec. 5-200. Director of Aging. The Director of Aging shall | ||||||
8 | be a senior citizen, as that term is
defined
in the Illinois | ||||||
9 | Act on the Aging, who has sufficient experience in
providing | ||||||
10 | services to the aging or shall be an individual who has actual | ||||||
11 | experience in providing services to senior citizens .
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12 | (Source: P.A. 91-239, eff. 1-1-00.)
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13 | Section 25. The Illinois Act on the Aging is amended by | ||||||
14 | changing Section 7.01 as follows:
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1 | (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
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2 | Sec. 7.01.
The Council shall consist of 31 voting members, | ||||||
3 | including: two Senators
appointed by the President of the | ||||||
4 | Senate; two Senators appointed by the
Senate Minority Leader; | ||||||
5 | two Representatives appointed by the Speaker of the
House of | ||||||
6 | Representatives; two Representatives appointed by the House
| ||||||
7 | Minority Leader; and twenty three citizen members, at least | ||||||
8 | sixteen of whom
shall be senior citizens or have actual | ||||||
9 | experience in providing services to senior citizens . Of the | ||||||
10 | citizen members, at least 7 shall represent underrepresented | ||||||
11 | communities as follows:
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12 | (1) one member who is a lesbian, gay, bisexual, or | ||||||
13 | queer individual; | ||||||
14 | (2) one member who is a transgender or | ||||||
15 | gender-expansive individual; | ||||||
16 | (3) one member who is a person living with HIV; | ||||||
17 | (4) one member who is an African-American or Black | ||||||
18 | individual; | ||||||
19 | (5) one member who is a Hispanic or Latino individual; | ||||||
20 | (6) one member who is an Asian-American or Pacific | ||||||
21 | Islander individual; and | ||||||
22 | (7) one member who is an ethnically diverse | ||||||
23 | individual. | ||||||
24 | (Source: P.A. 102-885, eff. 5-16-22.)
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25 | Section 30. The Department of Central Management Services |
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1 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
2 | changing Sections 405-122 and 405-413 as follows:
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3 | (20 ILCS 405/405-122) | ||||||
4 | Sec. 405-122. Employees with a disability. The Department, | ||||||
5 | in cooperation with the Department of Human Services, the | ||||||
6 | Department of Employment Security, and other agencies of State | ||||||
7 | government shall develop and implement programs to increase | ||||||
8 | the number of qualified employees with disabilities working in | ||||||
9 | the State. The programs shall include provisions to increase | ||||||
10 | the number of people with a disability hired for positions | ||||||
11 | with specific job titles for which they have been assessed and | ||||||
12 | met the qualifications awarded a passing grade . The Department | ||||||
13 | shall conduct an annual presentation regarding the programs | ||||||
14 | created under this Section, and each State agency shall | ||||||
15 | designate one or more persons with hiring responsibilities to | ||||||
16 | attend the presentation. The Department and the Department of | ||||||
17 | Human Services must submit a report, annually, to the Governor | ||||||
18 | and the General Assembly concerning their actions under this | ||||||
19 | Section.
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20 | (Source: P.A. 101-540, eff. 8-23-19.)
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21 | (20 ILCS 405/405-413) | ||||||
22 | Sec. 405-413. Geographic consolidation of State employment | ||||||
23 | positions. | ||||||
24 | (a) Notwithstanding any other law to the contrary, it is |
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1 | recognized that the Director of Central Management Services, | ||||||
2 | working in consultation with the Director of any affected | ||||||
3 | State agency, shall direct the relocation to Sangamon County | ||||||
4 | is the preferred location of all State employment positions | ||||||
5 | under the Personnel Code that are not required by their nature | ||||||
6 | or function to be located in a specific geographic area. | ||||||
7 | (b) (Blank). Notwithstanding any other law to the | ||||||
8 | contrary, the Director of Central Management Services, working | ||||||
9 | in consultation with the Director of any affected State | ||||||
10 | agency, shall direct all new State employment positions which | ||||||
11 | may be created under the Personnel Code, and which are not | ||||||
12 | required by their nature or function to be located in a | ||||||
13 | specific geographic area, to be located in Sangamon County. | ||||||
14 | (c) The Director shall determine a geographic location for | ||||||
15 | each State employment position taking into consideration a | ||||||
16 | variety of factors, including, but not limited to, and, if it | ||||||
17 | is other than Sangamon County, the reason for it to be in that | ||||||
18 | geographic location. In determining whether to locate or | ||||||
19 | relocate a State employment position to Sangamon County, the | ||||||
20 | Director shall consult the Director of any affected State | ||||||
21 | agency as to whether the nature or function of a position , | ||||||
22 | whether the position is well-suited for telework or a similar | ||||||
23 | arrangement, where a diverse and equitable applicant pool | ||||||
24 | exists, the preference for State employment positions to be | ||||||
25 | located in Sangamon County, and other similar factors that | ||||||
26 | should determine the geographic location of a State employment |
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1 | position. requires it to be located in a specific geographic | ||||||
2 | area of the State. If no such geographic necessity exists, | ||||||
3 | that position shall be located or relocated to Sangamon | ||||||
4 | County. | ||||||
5 | (d) The rights of employees and the State and its agencies | ||||||
6 | under the Personnel Code and applicable collective bargaining | ||||||
7 | agreements with respect to the relocation of current State | ||||||
8 | employee position holders shall not be affected by the | ||||||
9 | provisions of this Section. The provisions of this Section | ||||||
10 | regarding location or relocation of a position to Sangamon | ||||||
11 | County shall apply only to State employment positions that | ||||||
12 | become vacant or are created on or after the effective date of | ||||||
13 | this amendatory Act of the 100th General Assembly. | ||||||
14 | (e) The provisions of this Section do not apply to: (1) any | ||||||
15 | office of the legislative or judicial branch; (2) Statewide | ||||||
16 | offices under the jurisdiction of any executive branch | ||||||
17 | constitutional officer other than the Governor; or (3) persons | ||||||
18 | employed directly by the Office of the Governor. This Section | ||||||
19 | does apply to departments and agencies of State government | ||||||
20 | under the jurisdiction of the Governor other than persons | ||||||
21 | employed directly by the Office of the Governor.
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22 | (Source: P.A. 100-742, eff. 8-9-18.)
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23 | Section 35. The Personnel Code is amended by changing | ||||||
24 | Sections 4b, 4c, 4d, 8, 8b, 8b.1, 8b.3, 8b.4, 8b.5, 8b.6, 8b.7, | ||||||
25 | 8b.8, 8b.9, 8b.10, 8b.14, 8b.17, 8b.18, 8b.19, 9, 10, 12f, 13, |
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1 | 14, 17a, and 17b as follows:
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2 | (20 ILCS 415/4b) (from Ch. 127, par. 63b104b)
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3 | Sec. 4b. Extension of jurisdiction. Any or all of the | ||||||
4 | three forms of jurisdiction of the Department may be
extended | ||||||
5 | to the positions not initially covered by this Act under a
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6 | department, board, commission, institution, or other | ||||||
7 | independent agency in
the executive, legislative, or judicial | ||||||
8 | branch of State government, or to a
major administrative | ||||||
9 | division, service, or office thereof by the following
process:
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10 | (1) The officer or officers legally charged with control | ||||||
11 | over the
appointments to positions in a department, board, | ||||||
12 | commission, institution,
or other independent agency in the | ||||||
13 | executive, legislative, or judicial
branch of State | ||||||
14 | government, or to a major administrative division, service,
or | ||||||
15 | office thereof, may request in writing to the Governor the | ||||||
16 | extension of
any or all of the three forms of jurisdiction of | ||||||
17 | the Department to such
named group of positions.
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18 | (2) The Governor, if he concurs with the request, may | ||||||
19 | forward the
request to the Director of Central Management | ||||||
20 | Services.
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21 | (3) The Director shall survey the practicability of the | ||||||
22 | requested
extension of the jurisdiction or jurisdictions of | ||||||
23 | the Department, approve
or disapprove same, and notify the | ||||||
24 | Civil Service Commission of his
decision. If he should approve | ||||||
25 | the request he shall provide notice of submit rules to
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1 | accomplish such extension to the Civil Service Commission.
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2 | (4) Such an extension of jurisdiction of the Department of | ||||||
3 | Central Management
Services may
be terminated by the same | ||||||
4 | process of amendment to the rules at any time
after four years | ||||||
5 | from its original effective date with notice to the Civil | ||||||
6 | Service Commission .
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7 | (5) Employees in positions to which jurisdiction B is | ||||||
8 | extended pursuant
to this section shall be continued in their | ||||||
9 | respective positions provided
that they are deemed qualified | ||||||
10 | pass a qualifying examination prescribed by the Director | ||||||
11 | within 6
months after such jurisdiction is extended to such | ||||||
12 | positions , and provided
they satisfactorily complete their | ||||||
13 | respective probationary periods. Such
qualifying examinations | ||||||
14 | shall be of the same kind as those required for
entrance | ||||||
15 | examinations for comparable positions. Appointments of such
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16 | employees shall be without regard to eligible lists and | ||||||
17 | without regard to
the provisions of this Code requiring the | ||||||
18 | appointment of the person
standing among the three highest on | ||||||
19 | the appropriate eligible list to fill a
vacancy or from the | ||||||
20 | highest category ranking group if the list is by
rankings | ||||||
21 | instead of numerical ratings. Nothing herein shall preclude | ||||||
22 | the
reclassification or reallocation as provided by this Act | ||||||
23 | of any position
held by any such incumbent. The Department | ||||||
24 | shall maintain records of all extensions of jurisdiction | ||||||
25 | pursuant to this Section.
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26 | (Source: P.A. 82-789.)
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1 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
2 | Sec. 4c. General exemptions. The following positions in | ||||||
3 | State
service shall be exempt from jurisdictions A, B, and C, | ||||||
4 | unless the
jurisdictions shall be extended as provided in this | ||||||
5 | Act:
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6 | (1) All officers elected by the people.
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7 | (2) All positions under the Lieutenant Governor, | ||||||
8 | Secretary of State,
State Treasurer, State Comptroller, | ||||||
9 | State Board of Education, Clerk of
the Supreme Court,
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10 | Attorney General, and State Board of Elections.
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11 | (3) Judges, and officers and employees of the courts, | ||||||
12 | and notaries
public.
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13 | (4) All officers and employees of the Illinois General | ||||||
14 | Assembly, all
employees of legislative commissions, all | ||||||
15 | officers and employees of the
Illinois Legislative | ||||||
16 | Reference Bureau and the Legislative Printing Unit.
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17 | (5) All positions in the Illinois National Guard and | ||||||
18 | Illinois State
Guard, paid from federal funds or positions
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19 | in the State Military Service filled by enlistment and | ||||||
20 | paid from State
funds.
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21 | (6) All employees of the Governor at the executive | ||||||
22 | mansion and on
his immediate personal staff.
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23 | (7) Directors of Departments, the Adjutant General, | ||||||
24 | the Assistant
Adjutant General, the Director of the | ||||||
25 | Illinois Emergency
Management Agency, members of boards |
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1 | and commissions, and all other
positions appointed by the | ||||||
2 | Governor by and with the consent of the
Senate.
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3 | (8) The presidents, other principal administrative | ||||||
4 | officers, and
teaching, research and extension faculties | ||||||
5 | of
Chicago State University, Eastern Illinois University, | ||||||
6 | Governors State
University, Illinois State University, | ||||||
7 | Northeastern Illinois University,
Northern Illinois | ||||||
8 | University, Western Illinois University, the Illinois
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9 | Community College Board, Southern Illinois
University, | ||||||
10 | Illinois Board of Higher Education, University of
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11 | Illinois, State Universities Civil Service System, | ||||||
12 | University Retirement
System of Illinois, and the | ||||||
13 | administrative officers and scientific and
technical staff | ||||||
14 | of the Illinois State Museum.
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15 | (9) All other employees except the presidents, other | ||||||
16 | principal
administrative officers, and teaching, research | ||||||
17 | and extension faculties
of the universities under the | ||||||
18 | jurisdiction of the Board of Regents and
the colleges and | ||||||
19 | universities under the jurisdiction of the Board of
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20 | Governors of State Colleges and Universities, Illinois | ||||||
21 | Community College
Board, Southern Illinois University, | ||||||
22 | Illinois Board of Higher Education,
Board of Governors of | ||||||
23 | State Colleges and Universities, the Board of
Regents, | ||||||
24 | University of Illinois, State Universities Civil Service
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25 | System, University Retirement System of Illinois, so long | ||||||
26 | as these are
subject to the provisions of the State |
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1 | Universities Civil Service Act.
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2 | (10) The Illinois State Police so long as they are | ||||||
3 | subject to the merit
provisions of the Illinois State | ||||||
4 | Police Act.
Employees of the Illinois State Police Merit | ||||||
5 | Board are subject to the provisions of this Code.
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6 | (11) (Blank).
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7 | (12) The technical and engineering staffs of the | ||||||
8 | Department of
Transportation, the Division Department of | ||||||
9 | Nuclear Safety at the Illinois Emergency Management | ||||||
10 | Agency , the Pollution Control
Board, and the Illinois | ||||||
11 | Commerce Commission, and the technical and engineering
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12 | staff providing architectural and engineering services in | ||||||
13 | the Department of
Central Management Services.
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14 | (13) All employees of the Illinois State Toll Highway | ||||||
15 | Authority.
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16 | (14) The Secretary of the Illinois Workers' | ||||||
17 | Compensation Commission.
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18 | (15) All persons who are appointed or employed by the | ||||||
19 | Director of
Insurance under authority of Section 202 of | ||||||
20 | the Illinois Insurance Code
to assist the Director of | ||||||
21 | Insurance in discharging his responsibilities
relating to | ||||||
22 | the rehabilitation, liquidation, conservation, and
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23 | dissolution of companies that are subject to the | ||||||
24 | jurisdiction of the
Illinois Insurance Code.
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25 | (16) All employees of the St. Louis Metropolitan Area | ||||||
26 | Airport
Authority.
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1 | (17) All investment officers employed by the Illinois | ||||||
2 | State Board of
Investment.
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3 | (18) Employees of the Illinois Young Adult | ||||||
4 | Conservation Corps program,
administered by the Illinois | ||||||
5 | Department of Natural Resources, authorized
grantee under | ||||||
6 | Title VIII of the Comprehensive
Employment and Training | ||||||
7 | Act of 1973, 29 U.S.C. 993.
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8 | (19) Seasonal employees of the Department of | ||||||
9 | Agriculture for the
operation of the Illinois State Fair | ||||||
10 | and the DuQuoin State Fair, no one
person receiving more | ||||||
11 | than 29 days of such employment in any calendar year.
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12 | (20) All "temporary" employees hired under the | ||||||
13 | Department of Natural
Resources' Illinois Conservation | ||||||
14 | Service, a youth
employment program that hires young | ||||||
15 | people to work in State parks for a period
of one year or | ||||||
16 | less.
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17 | (21) All hearing officers of the Human Rights | ||||||
18 | Commission.
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19 | (22) All employees of the Illinois Mathematics and | ||||||
20 | Science Academy.
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21 | (23) All employees of the Kankakee River Valley Area
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22 | Airport Authority.
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23 | (24) The commissioners and employees of the Executive | ||||||
24 | Ethics
Commission.
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25 | (25) The Executive Inspectors General, including | ||||||
26 | special Executive
Inspectors General, and employees of |
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1 | each Office of an
Executive Inspector General.
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2 | (26) The commissioners and employees of the | ||||||
3 | Legislative Ethics
Commission.
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4 | (27) The Legislative Inspector General, including | ||||||
5 | special Legislative
Inspectors General, and employees of | ||||||
6 | the Office of
the Legislative Inspector General.
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7 | (28) The Auditor General's Inspector General and | ||||||
8 | employees of the Office
of the Auditor General's Inspector | ||||||
9 | General.
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10 | (29) All employees of the Illinois Power Agency. | ||||||
11 | (30) Employees having demonstrable, defined advanced | ||||||
12 | skills in accounting, financial reporting, or technical | ||||||
13 | expertise who are employed within executive branch | ||||||
14 | agencies and whose duties are directly related to the | ||||||
15 | submission to the Office of the Comptroller of financial | ||||||
16 | information for the publication of the annual | ||||||
17 | comprehensive financial report. | ||||||
18 | (31) All employees of the Illinois Sentencing Policy | ||||||
19 | Advisory Council. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21; | ||||||
21 | 102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff. | ||||||
22 | 5-13-22.)
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23 | (20 ILCS 415/4d) (from Ch. 127, par. 63b104d)
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24 | Sec. 4d. Partial exemptions. The following positions in | ||||||
25 | State service are
exempt from jurisdictions A, B, and C to the |
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1 | extent stated for each, unless
those jurisdictions are | ||||||
2 | extended as provided in this Act:
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3 | (1) In each department, board or commission that now | ||||||
4 | maintains or may
hereafter maintain a major administrative | ||||||
5 | division, service or office in
both Sangamon County and | ||||||
6 | Cook County, 2 private secretaries for the
director or | ||||||
7 | chairman thereof, one located in the Cook County office | ||||||
8 | and the
other located in the Sangamon County office, shall | ||||||
9 | be exempt from
jurisdiction B; in all other departments, | ||||||
10 | boards and commissions one
private secretary for the | ||||||
11 | director or chairman thereof shall be exempt from
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12 | jurisdiction B. In all departments, boards and commissions | ||||||
13 | one confidential
assistant for the director or chairman | ||||||
14 | thereof shall be exempt from
jurisdiction B. This | ||||||
15 | paragraph is subject to such modifications or waiver
of | ||||||
16 | the exemptions as may be necessary to assure the | ||||||
17 | continuity of federal
contributions in those agencies | ||||||
18 | supported in whole or in part by federal
funds.
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19 | (2) The resident administrative head of each State | ||||||
20 | charitable, penal and
correctional institution, the | ||||||
21 | chaplains thereof, and all member, patient
and inmate | ||||||
22 | employees are exempt from jurisdiction B.
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23 | (3) The Civil Service Commission, upon written | ||||||
24 | recommendation of the
Director of Central Management | ||||||
25 | Services, shall exempt
from jurisdiction B other positions
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26 | which, in the judgment of the Commission, involve either |
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1 | principal
administrative responsibility for the | ||||||
2 | determination of policy or principal
administrative | ||||||
3 | responsibility for the way in which policies are carried
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4 | out, except positions in agencies which receive federal | ||||||
5 | funds if such
exemption is inconsistent with federal | ||||||
6 | requirements, and except positions
in agencies supported | ||||||
7 | in whole by federal funds.
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8 | (4) All individuals in positions paid in accordance | ||||||
9 | with prevailing wage laws, as well as beauticians and | ||||||
10 | teachers of beauty culture and teachers of
barbering , and | ||||||
11 | all positions heretofore paid under Section 1.22 of "An | ||||||
12 | Act
to standardize position titles and salary rates", | ||||||
13 | approved June 30, 1943,
as amended, shall be exempt from | ||||||
14 | jurisdiction B .
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15 | (5) Licensed attorneys in positions as legal or | ||||||
16 | technical advisors; positions in the Department of Natural | ||||||
17 | Resources requiring incumbents
to be either a registered | ||||||
18 | professional engineer or to hold a bachelor's degree
in | ||||||
19 | engineering from a recognized college or university;
| ||||||
20 | licensed physicians in positions of medical administrator | ||||||
21 | or physician or
physician specialist (including | ||||||
22 | psychiatrists); all positions within the Department of | ||||||
23 | Juvenile Justice requiring licensure by the State Board of | ||||||
24 | Education under Article 21B of the School Code; all | ||||||
25 | positions within the Illinois School for the Deaf and the | ||||||
26 | Illinois School for the Visually Impaired requiring |
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1 | licensure by the State Board of Education under Article | ||||||
2 | 21B of the School Code and all rehabilitation/mobility | ||||||
3 | instructors and rehabilitation/mobility instructor | ||||||
4 | trainees at the Illinois School for the Visually Impaired; | ||||||
5 | and registered nurses (except
those registered nurses | ||||||
6 | employed by the Department of Public Health); except
those | ||||||
7 | in positions in agencies which receive federal funds if | ||||||
8 | such
exemption is inconsistent with federal requirements | ||||||
9 | and except those in
positions in agencies supported in | ||||||
10 | whole by federal funds, are exempt from
jurisdiction B | ||||||
11 | only to the extent that the requirements of Section 8b.1,
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12 | 8b.3 and 8b.5 of this Code need not be met.
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13 | (6) All positions established outside the geographical | ||||||
14 | limits of the
State of Illinois to which appointments of | ||||||
15 | other than Illinois citizens may
be made are exempt from | ||||||
16 | jurisdiction B.
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17 | (7) Staff attorneys reporting directly to individual | ||||||
18 | Commissioners of
the Illinois Workers' Compensation
| ||||||
19 | Commission are exempt from jurisdiction B.
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20 | (8) (Blank). Twenty-one senior public service | ||||||
21 | administrator positions within the Department of | ||||||
22 | Healthcare and Family Services, as set forth in this | ||||||
23 | paragraph (8), requiring the specific knowledge of | ||||||
24 | healthcare administration, healthcare finance, healthcare | ||||||
25 | data analytics, or information technology described are | ||||||
26 | exempt from jurisdiction B only to the extent that the |
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1 | requirements of Sections 8b.1, 8b.3, and 8b.5 of this Code | ||||||
2 | need not be met. The General Assembly finds that these | ||||||
3 | positions are all senior policy makers and have | ||||||
4 | spokesperson authority for the Director of the Department | ||||||
5 | of Healthcare and Family Services. When filling positions | ||||||
6 | so designated, the Director of Healthcare and Family | ||||||
7 | Services shall cause a position description to be | ||||||
8 | published which allots points to various qualifications | ||||||
9 | desired. After scoring qualified applications, the | ||||||
10 | Director shall add Veteran's Preference points as | ||||||
11 | enumerated in Section 8b.7 of this Code. The following are | ||||||
12 | the minimum qualifications for the senior public service | ||||||
13 | administrator positions provided for in this paragraph | ||||||
14 | (8): | ||||||
15 | (A) HEALTHCARE ADMINISTRATION. | ||||||
16 | Medical Director: Licensed Medical Doctor in | ||||||
17 | good standing; experience in healthcare payment | ||||||
18 | systems, pay for performance initiatives, medical | ||||||
19 | necessity criteria or federal or State quality | ||||||
20 | improvement programs; preferred experience serving | ||||||
21 | Medicaid patients or experience in population | ||||||
22 | health programs with a large provider, health | ||||||
23 | insurer, government agency, or research | ||||||
24 | institution. | ||||||
25 | Chief, Bureau of Quality Management: Advanced | ||||||
26 | degree in health policy or health professional |
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1 | field preferred; at least 3 years experience in | ||||||
2 | implementing or managing healthcare quality | ||||||
3 | improvement initiatives in a clinical setting. | ||||||
4 | Quality Management Bureau: Manager, Care | ||||||
5 | Coordination/Managed Care Quality: Clinical degree | ||||||
6 | or advanced degree in relevant field required; | ||||||
7 | experience in the field of managed care quality | ||||||
8 | improvement, with knowledge of HEDIS measurements, | ||||||
9 | coding, and related data definitions. | ||||||
10 | Quality Management Bureau: Manager, Primary | ||||||
11 | Care Provider Quality and Practice Development: | ||||||
12 | Clinical degree or advanced degree in relevant | ||||||
13 | field required; experience in practice | ||||||
14 | administration in the primary care setting with a | ||||||
15 | provider or a provider association or an | ||||||
16 | accrediting body; knowledge of practice standards | ||||||
17 | for medical homes and best evidence based | ||||||
18 | standards of care for primary care. | ||||||
19 | Director of Care Coordination Contracts and | ||||||
20 | Compliance: Bachelor's degree required; multi-year | ||||||
21 | experience in negotiating managed care contracts, | ||||||
22 | preferably on behalf of a payer; experience with | ||||||
23 | health care contract compliance. | ||||||
24 | Manager, Long Term Care Policy: Bachelor's | ||||||
25 | degree required; social work, gerontology, or | ||||||
26 | social service degree preferred; knowledge of |
| |||||||
| |||||||
1 | Olmstead and other relevant court decisions | ||||||
2 | required; experience working with diverse long | ||||||
3 | term care populations and service systems, federal | ||||||
4 | initiatives to create long term care community | ||||||
5 | options, and home and community-based waiver | ||||||
6 | services required. The General Assembly finds that | ||||||
7 | this position is necessary for the timely and | ||||||
8 | effective implementation of this amendatory Act of | ||||||
9 | the 97th General Assembly. | ||||||
10 | Manager, Behavioral Health Programs: Clinical | ||||||
11 | license or advanced degree required, preferably in | ||||||
12 | psychology, social work, or relevant field; | ||||||
13 | knowledge of medical necessity criteria and | ||||||
14 | governmental policies and regulations governing | ||||||
15 | the provision of mental health services to | ||||||
16 | Medicaid populations, including children and | ||||||
17 | adults, in community and institutional settings of | ||||||
18 | care. The General Assembly finds that this | ||||||
19 | position is necessary for the timely and effective | ||||||
20 | implementation of this amendatory Act of the 97th | ||||||
21 | General Assembly. | ||||||
22 | Manager, Office of Accountable Care Entity | ||||||
23 | Development: Bachelor's degree required, clinical | ||||||
24 | degree or advanced degree in relevant field | ||||||
25 | preferred; experience in developing integrated | ||||||
26 | delivery systems, including knowledge of health |
| |||||||
| |||||||
1 | homes and evidence-based standards of care | ||||||
2 | delivery; multi-year experience in health care or | ||||||
3 | public health management; knowledge of federal ACO | ||||||
4 | or other similar delivery system requirements and | ||||||
5 | strategies for improving health care delivery. | ||||||
6 | Manager of Federal Regulatory Compliance: | ||||||
7 | Bachelor's degree required, advanced degree | ||||||
8 | preferred, in healthcare management or relevant | ||||||
9 | field; experience in healthcare administration or | ||||||
10 | Medicaid State Plan amendments preferred; | ||||||
11 | experience interpreting federal rules; experience | ||||||
12 | with either federal health care agency or with a | ||||||
13 | State agency in working with federal regulations. | ||||||
14 | Manager, Office of Medical Project Management: | ||||||
15 | Bachelor's degree required, project management | ||||||
16 | certification preferred; multi-year experience in | ||||||
17 | project management and developing business analyst | ||||||
18 | skills; leadership skills to manage multiple and | ||||||
19 | complex projects. | ||||||
20 | Manager of Medicare/Medicaid Coordination: | ||||||
21 | Bachelor's degree required, knowledge and | ||||||
22 | experience with Medicare Advantage rules and | ||||||
23 | regulations, knowledge of Medicaid laws and | ||||||
24 | policies; experience with contract drafting | ||||||
25 | preferred. | ||||||
26 | Chief, Bureau of Eligibility Integrity: |
| |||||||
| |||||||
1 | Bachelor's degree required, advanced degree in | ||||||
2 | public administration or business administration | ||||||
3 | preferred; experience equivalent to 4 years of | ||||||
4 | administration in a public or business | ||||||
5 | organization required; experience with managing | ||||||
6 | contract compliance required; knowledge of | ||||||
7 | Medicaid eligibility laws and policy preferred; | ||||||
8 | supervisory experience preferred. The General | ||||||
9 | Assembly finds that this position is necessary for | ||||||
10 | the timely and effective implementation of this | ||||||
11 | amendatory Act of the 97th General Assembly. | ||||||
12 | (B) HEALTHCARE FINANCE. | ||||||
13 | Director of Care Coordination Rate and | ||||||
14 | Finance: MBA, CPA, or Actuarial degree required; | ||||||
15 | experience in managed care rate setting, | ||||||
16 | including, but not limited to, baseline costs and | ||||||
17 | growth trends; knowledge and experience with | ||||||
18 | Medical Loss Ratio standards and measurements. | ||||||
19 | Director of Encounter Data Program: Bachelor's | ||||||
20 | degree required, advanced degree preferred, | ||||||
21 | preferably in health care, business, or | ||||||
22 | information systems; at least 2 years healthcare | ||||||
23 | or other similar data reporting experience, | ||||||
24 | including, but not limited to, data definitions, | ||||||
25 | submission, and editing; background in HIPAA | ||||||
26 | transactions relevant to encounter data |
| |||||||
| |||||||
1 | submission; experience with large provider, health | ||||||
2 | insurer, government agency, or research | ||||||
3 | institution or other knowledge of healthcare | ||||||
4 | claims systems. | ||||||
5 | Manager of Medical Finance, Division of | ||||||
6 | Finance: Requires relevant advanced degree or | ||||||
7 | certification in relevant field, such as Certified | ||||||
8 | Public Accountant; coursework in business or | ||||||
9 | public administration, accounting, finance, data | ||||||
10 | analysis, or statistics preferred; experience in | ||||||
11 | control systems and GAAP; financial management | ||||||
12 | experience in a healthcare or government entity | ||||||
13 | utilizing Medicaid funding. | ||||||
14 | (C) HEALTHCARE DATA ANALYTICS. | ||||||
15 | Data Quality Assurance Manager: Bachelor's | ||||||
16 | degree required, advanced degree preferred, | ||||||
17 | preferably in business, information systems, or | ||||||
18 | epidemiology; at least 3 years of extensive | ||||||
19 | healthcare data reporting experience with a large | ||||||
20 | provider, health insurer, government agency, or | ||||||
21 | research institution; previous data quality | ||||||
22 | assurance role or formal data quality assurance | ||||||
23 | training. | ||||||
24 | Data Analytics Unit Manager: Bachelor's degree | ||||||
25 | required, advanced degree preferred, in | ||||||
26 | information systems, applied mathematics, or |
| |||||||
| |||||||
1 | another field with a strong analytics component; | ||||||
2 | extensive healthcare data reporting experience | ||||||
3 | with a large provider, health insurer, government | ||||||
4 | agency, or research institution; experience as a | ||||||
5 | business analyst interfacing between business and | ||||||
6 | information technology departments; in-depth | ||||||
7 | knowledge of health insurance coding and evolving | ||||||
8 | healthcare quality metrics; working knowledge of | ||||||
9 | SQL and/or SAS. | ||||||
10 | Data Analytics Platform Manager: Bachelor's | ||||||
11 | degree required, advanced degree preferred, | ||||||
12 | preferably in business or information systems; | ||||||
13 | extensive healthcare data reporting experience | ||||||
14 | with a large provider, health insurer, government | ||||||
15 | agency, or research institution; previous | ||||||
16 | experience working on a health insurance data | ||||||
17 | analytics platform; experience managing contracts | ||||||
18 | and vendors preferred. | ||||||
19 | (D) HEALTHCARE INFORMATION TECHNOLOGY. | ||||||
20 | Manager of MMIS Claims Unit: Bachelor's degree | ||||||
21 | required, with preferred coursework in business, | ||||||
22 | public administration, information systems; | ||||||
23 | experience equivalent to 4 years of administration | ||||||
24 | in a public or business organization; working | ||||||
25 | knowledge with design and implementation of | ||||||
26 | technical solutions to medical claims payment |
| |||||||
| |||||||
1 | systems; extensive technical writing experience, | ||||||
2 | including, but not limited to, the development of | ||||||
3 | RFPs, APDs, feasibility studies, and related | ||||||
4 | documents; thorough knowledge of IT system design, | ||||||
5 | commercial off the shelf software packages and | ||||||
6 | hardware components. | ||||||
7 | Assistant Bureau Chief, Office of Information | ||||||
8 | Systems: Bachelor's degree required, with | ||||||
9 | preferred coursework in business, public | ||||||
10 | administration, information systems; experience | ||||||
11 | equivalent to 5 years of administration in a | ||||||
12 | public or private business organization; extensive | ||||||
13 | technical writing experience, including, but not | ||||||
14 | limited to, the development of RFPs, APDs, | ||||||
15 | feasibility studies and related documents; | ||||||
16 | extensive healthcare technology experience with a | ||||||
17 | large provider, health insurer, government agency, | ||||||
18 | or research institution; experience as a business | ||||||
19 | analyst interfacing between business and | ||||||
20 | information technology departments; thorough | ||||||
21 | knowledge of IT system design, commercial off the | ||||||
22 | shelf software packages and hardware components. | ||||||
23 | Technical System Architect: Bachelor's degree | ||||||
24 | required, with preferred coursework in computer | ||||||
25 | science or information technology; prior | ||||||
26 | experience equivalent to 5 years of computer |
| |||||||
| |||||||
1 | science or IT administration in a public or | ||||||
2 | business organization; extensive healthcare | ||||||
3 | technology experience with a large provider, | ||||||
4 | health insurer, government agency, or research | ||||||
5 | institution; experience as a business analyst | ||||||
6 | interfacing between business and information | ||||||
7 | technology departments. | ||||||
8 | The provisions of this paragraph (8), other than this | ||||||
9 | sentence, are inoperative after January 1, 2014. | ||||||
10 | (Source: P.A. 99-45, eff. 7-15-15; 100-258, eff. 8-22-17; | ||||||
11 | 100-771, eff. 8-10-18.)
| ||||||
12 | (20 ILCS 415/8) (from Ch. 127, par. 63b108)
| ||||||
13 | Sec. 8. Rules. The Department Director of Central | ||||||
14 | Management Services shall adopt prepare
and submit to the | ||||||
15 | Civil Service Commission proposed rules for all positions
and | ||||||
16 | employees subject to this Act. Such rules may provide for such
| ||||||
17 | exemptions or modifications as may be necessary to assure the | ||||||
18 | continuity of
federal contributions in those agencies | ||||||
19 | supported in whole or in part by
federal funds. Such rules | ||||||
20 | shall provide for the implementation of
recruitment | ||||||
21 | requirements necessary to fulfill any agency's special needs,
| ||||||
22 | such as linguistic abilities or cultural knowledge, to better | ||||||
23 | serve the
residents of Illinois or to comply with federal or | ||||||
24 | other State
requirements. Upon compliance with the | ||||||
25 | requirements under The Illinois
Administrative Procedure Act |
| |||||||
| |||||||
1 | and filing with the Secretary of State such
rules or any part | ||||||
2 | thereof shall have the force and effect of law.
| ||||||
3 | The rules and amendments thereto shall provide: | ||||||
4 | (Source: P.A. 86-1004 .)
| ||||||
5 | (20 ILCS 415/8b) (from Ch. 127, par. 63b108b)
| ||||||
6 | Sec. 8b. Jurisdiction B - Merit and fitness. | ||||||
7 | (a) For positions in the State service subject to the | ||||||
8 | jurisdiction of the
Department of Central Management Services | ||||||
9 | with respect to selection
and tenure on the basis of merit and | ||||||
10 | fitness, those matters specified
in this Section and Sections | ||||||
11 | 8b.1 through 8b.17.
| ||||||
12 | (b) Application, testing and hiring procedures for all | ||||||
13 | State
employment vacancies for positions not exempt under
| ||||||
14 | Section 4c shall be reduced to writing and made available to | ||||||
15 | the public via the Department's website or equivalent . All | ||||||
16 | vacant positions subject to Jurisdiction B shall be posted at | ||||||
17 | the State's hiring website and shall be filled according to | ||||||
18 | the Department's written procedures. The written procedures | ||||||
19 | shall be
provided to each State agency and university for | ||||||
20 | posting and public
inspection at each agency's office and each | ||||||
21 | university's placement office.
The Director shall also | ||||||
22 | annually prepare and distribute a listing of entry
level | ||||||
23 | non-professional and professional positions that are most | ||||||
24 | utilized by
State agencies under the jurisdiction of the | ||||||
25 | Governor. The position
listings shall identify the entry level |
| |||||||
| |||||||
1 | positions, localities of usage,
description of position duties | ||||||
2 | and responsibilities, salary ranges,
eligibility requirements | ||||||
3 | and test scheduling instructions. The position
listings shall | ||||||
4 | further identify special linguistic skills that may be
| ||||||
5 | required for any of the positions.
| ||||||
6 | (Source: P.A. 86-1004.)
| ||||||
7 | (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
| ||||||
8 | Sec. 8b.1. For assessment open competitive
examinations to | ||||||
9 | test the relative fitness of
applicants for the respective | ||||||
10 | positions. Assessment shall be designed to objectively | ||||||
11 | eliminate those who are not qualified for the position into | ||||||
12 | which they are applying, whether for entrance into State | ||||||
13 | service or for promotion within the service, and Tests shall | ||||||
14 | be designed to eliminate those who are not qualified for
| ||||||
15 | entrance into or promotion within the service, and to discover | ||||||
16 | the relative
fitness of those who are qualified. The Director | ||||||
17 | may use any one of or any
combination of the following | ||||||
18 | examination methods or equivalent, which in his judgment best
| ||||||
19 | serves this end: investigation of education; investigation of | ||||||
20 | experience;
test of cultural knowledge; test of capacity; test | ||||||
21 | of knowledge; test of
manual skill; test of linguistic | ||||||
22 | ability; test of character; test of
physical fitness; test of | ||||||
23 | psychological fitness. No person with a record of
misdemeanor | ||||||
24 | convictions except those under Sections 11-1.50, 11-6, 11-7, | ||||||
25 | 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, |
| |||||||
| |||||||
1 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, | ||||||
2 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
3 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
4 | paragraphs (1), (6), and (8) of subsection (a)
of Section 24-1 | ||||||
5 | of the Criminal Code of 1961 or the Criminal Code of 2012, or
| ||||||
6 | arrested for any cause but not convicted thereon shall be | ||||||
7 | disqualified from
taking such examinations or subsequent | ||||||
8 | appointment, unless the person is
attempting to qualify for a | ||||||
9 | position which would give him the powers of a
peace officer, in | ||||||
10 | which case the person's conviction or arrest record may
be | ||||||
11 | considered as a factor in determining the person's fitness for | ||||||
12 | the
position. The eligibility conditions specified for the | ||||||
13 | position of
Assistant Director of Healthcare and Family | ||||||
14 | Services in the Department of Healthcare and Family Services | ||||||
15 | in Section
5-230 of the Departments of State Government Law of | ||||||
16 | the Civil Administrative Code of Illinois shall be applied to | ||||||
17 | that position in addition to other
standards, tests or | ||||||
18 | criteria established by the Director. All examinations
shall | ||||||
19 | be announced publicly at least 2 weeks in advance of the date | ||||||
20 | of the
examinations and may be advertised through the press, | ||||||
21 | radio and other
media. The Director may, however, in his | ||||||
22 | discretion, continue to receive
applications and examine | ||||||
23 | candidates long enough to assure a sufficient
number of | ||||||
24 | eligibles to meet the needs of the service and may add the | ||||||
25 | names
of successful candidates to existing eligible lists in | ||||||
26 | accordance with
their respective ratings.
|
| |||||||
| |||||||
1 | The Director may, in his discretion, accept the results of | ||||||
2 | competitive
examinations conducted by any merit system | ||||||
3 | established by federal law or by
the law of any state, and may | ||||||
4 | compile eligible lists therefrom or may add
the names of | ||||||
5 | successful candidates in examinations conducted by those merit
| ||||||
6 | systems to existing eligible lists in accordance with their | ||||||
7 | respective
ratings. No person who is a non-resident of the | ||||||
8 | State of Illinois may be
appointed from those eligible lists, | ||||||
9 | however, unless the requirement that
applicants be residents | ||||||
10 | of the State of Illinois is waived by the Director
of Central | ||||||
11 | Management Services and unless there are less than 3 Illinois
| ||||||
12 | residents available
for appointment from the appropriate | ||||||
13 | eligible list. The results of the
examinations conducted by | ||||||
14 | other merit systems may not be used unless they
are comparable | ||||||
15 | in difficulty and comprehensiveness to examinations
conducted | ||||||
16 | by the Department of Central Management Services
for similar | ||||||
17 | positions. Special
linguistic options may also be established | ||||||
18 | where deemed appropriate.
| ||||||
19 | When an agency requests an open competitive eligible list | ||||||
20 | from the Department, the Director shall also provide to the | ||||||
21 | agency a Successful Disability Opportunities Program eligible | ||||||
22 | candidate list. | ||||||
23 | (Source: P.A. 101-192, eff. 1-1-20; 102-813, eff. 5-13-22.)
| ||||||
24 | (20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3)
| ||||||
25 | Sec. 8b.3.
For the establishment of qualification |
| |||||||
| |||||||
1 | assessments of applicants to determine those candidates who | ||||||
2 | are eligible lists for appointment and
promotion and , upon | ||||||
3 | which lists shall be placed the names of successful
candidates | ||||||
4 | in order of their relative excellence in respective
| ||||||
5 | examinations . The Director may substitute rankings such as | ||||||
6 | superior,
excellent, well-qualified and qualified for | ||||||
7 | numerical ratings and establish qualification assessments or | ||||||
8 | assessment equivalents
eligible lists accordingly. The | ||||||
9 | Department may adopt rules regarding the assessment of | ||||||
10 | applicants and the appointment of qualified candidates. Such | ||||||
11 | rules may provide for lists by area or
location, by department | ||||||
12 | or other agency, for removal of those not available
for or | ||||||
13 | refusing employment, for minimum and maximum duration of such | ||||||
14 | lists,
and for such other provisions as may be necessary to | ||||||
15 | provide rapid and
satisfactory service to the operating | ||||||
16 | agencies. The Director may approve
the written request of an | ||||||
17 | agency or applicant to extend the eligibility of
a qualified | ||||||
18 | eligible candidate when the extension is necessary to assist | ||||||
19 | in
achieving affirmative action goals in employment. The | ||||||
20 | extended period of
eligibility shall not exceed the duration | ||||||
21 | of the original period of
eligibility and shall not be | ||||||
22 | renewed. The rules may authorize removal of
eligibles from | ||||||
23 | lists if those eligibles fail to furnish evidence
of | ||||||
24 | availability upon forms sent to them by the Director.
| ||||||
25 | (Source: P.A. 87-545.)
|
| |||||||
| |||||||
1 | (20 ILCS 415/8b.4) (from Ch. 127, par. 63b108b.4)
| ||||||
2 | Sec. 8b.4.
For the rejection of candidates or eligibles | ||||||
3 | who fail to comply
with reasonable previously specified job | ||||||
4 | requirements of the Director in
regard to
training and | ||||||
5 | experience; who have been guilty of infamous or disgraceful
| ||||||
6 | conduct; or who have attempted any deception or fraud in
| ||||||
7 | connection with the hiring process an examination . The | ||||||
8 | Department may adopt rules and implement procedures regarding | ||||||
9 | candidate rejection. Those candidates who are alleged to have | ||||||
10 | attempted deception or fraud in connection with an examination | ||||||
11 | shall be afforded the opportunity to appeal and provide | ||||||
12 | information to support their appeal which shall be considered | ||||||
13 | when determining their eligibility as a candidate for | ||||||
14 | employment.
| ||||||
15 | (Source: P.A. 102-617, eff. 1-1-22 .)
| ||||||
16 | (20 ILCS 415/8b.5) (from Ch. 127, par. 63b108b.5)
| ||||||
17 | Sec. 8b.5.
For the appointment of eligible candidates in | ||||||
18 | rank order the person standing among the 3 highest
on the | ||||||
19 | appropriate eligible list to fill a vacancy, or from the | ||||||
20 | highest
ranking group if the list is by rankings instead of | ||||||
21 | numerical ratings,
except as otherwise provided in Sections 4b | ||||||
22 | and 17a of this Act .
| ||||||
23 | The Director may approve the appointment of a lower | ||||||
24 | ranking candidate when higher ranking candidates have been | ||||||
25 | exhausted or duly bypassed person from the next
lower ranking |
| |||||||
| |||||||
1 | group when the highest ranking group contains less than 3 | ||||||
2 | eligibles .
| ||||||
3 | (Source: P.A. 86-12.)
| ||||||
4 | (20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
| ||||||
5 | Sec. 8b.6. For a period of probation not to exceed one year | ||||||
6 | before
appointment or promotion is complete, and during which | ||||||
7 | period a probationer
may with the consent of the Director of | ||||||
8 | Central Management Services, be separated,
discharged , or | ||||||
9 | reduced
in class or rank , or replaced on the eligible list .
For | ||||||
10 | a person appointed to a term appointment under Section 8b.18 | ||||||
11 | or 8b.19,
the period of probation shall not be less than 6 | ||||||
12 | months.
| ||||||
13 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
14 | (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
| ||||||
15 | Sec. 8b.7. Veteran preference. For the granting of | ||||||
16 | appropriate
preference in entrance examinations to qualified | ||||||
17 | veterans, persons who have been members
of the armed forces of | ||||||
18 | the United States or to qualified persons who, while
citizens | ||||||
19 | of the United States, were members of the armed forces of | ||||||
20 | allies of
the United States in time of hostilities with a | ||||||
21 | foreign country, and to certain
other persons as set forth in | ||||||
22 | this Section.
| ||||||
23 | (a) As used in this Section:
| ||||||
24 | (1) "Time of hostilities with a foreign country" means |
| |||||||
| |||||||
1 | any period of
time in the past, present, or future during | ||||||
2 | which a declaration of war by
the United States Congress | ||||||
3 | has been or is in effect or during which an
emergency | ||||||
4 | condition has been or is in effect that is recognized by | ||||||
5 | the
issuance of a Presidential proclamation or a | ||||||
6 | Presidential executive order
and in which the armed forces | ||||||
7 | expeditionary medal or other campaign service
medals are | ||||||
8 | awarded according to Presidential executive order.
| ||||||
9 | (2) "Armed forces of the United States" means the | ||||||
10 | United States Army,
Navy, Air Force, Marine Corps, and | ||||||
11 | Coast Guard. Service in the Merchant
Marine that | ||||||
12 | constitutes active duty under Section 401 of federal | ||||||
13 | Public Law
95-202 shall also be considered service in the | ||||||
14 | Armed Forces of the United
States for purposes of this | ||||||
15 | Section.
| ||||||
16 | (3) "Veteran" means a member of the armed forces of | ||||||
17 | the United States, the Illinois National Guard, or a | ||||||
18 | reserve component of the armed forces of the United | ||||||
19 | States. | ||||||
20 | (b) The preference granted under this Section shall be in | ||||||
21 | the form of points , or the equivalent,
added to the applicable | ||||||
22 | scores final grades of the persons if they otherwise qualify | ||||||
23 | and are
entitled to be considered for appointment appear on | ||||||
24 | the list of those eligible for appointments .
| ||||||
25 | (c) A veteran is qualified for a preference of 10 points if | ||||||
26 | the veteran
currently holds proof of a service connected |
| |||||||
| |||||||
1 | disability from the United
States Department of Veterans | ||||||
2 | Affairs or an allied country or if the
veteran is a recipient | ||||||
3 | of the Purple Heart.
| ||||||
4 | (d) A veteran who has served during a time of hostilities | ||||||
5 | with a foreign
country is qualified for a preference of 5 | ||||||
6 | points if the veteran served
under one or more of the following | ||||||
7 | conditions:
| ||||||
8 | (1) The veteran served a total of at least 6 months, or
| ||||||
9 | (2) The veteran served for the duration of hostilities | ||||||
10 | regardless of
the length of engagement, or
| ||||||
11 | (3) The veteran was discharged on the basis of | ||||||
12 | hardship, or
| ||||||
13 | (4) The veteran was released from active duty because | ||||||
14 | of a service connected disability and was discharged under | ||||||
15 | honorable conditions.
| ||||||
16 | (e) A person not eligible for a preference under | ||||||
17 | subsection (c) or (d)
is qualified for a preference of 3 points | ||||||
18 | if the person has served in the
armed forces of the United | ||||||
19 | States, the Illinois National Guard, or any
reserve component | ||||||
20 | of the armed forces of the United States if the person:
(1) | ||||||
21 | served for at least 6 months and has been discharged under | ||||||
22 | honorable
conditions; (2) has been discharged on the ground of | ||||||
23 | hardship; (3) was
released from active duty because of a | ||||||
24 | service connected disability; or (4) served a minimum of 4 | ||||||
25 | years in the Illinois National Guard or reserve component of | ||||||
26 | the armed forces of the United States regardless of whether or |
| |||||||
| |||||||
1 | not the person was mobilized to active duty. An
active member | ||||||
2 | of the National Guard or a reserve component of the armed
| ||||||
3 | forces of the United States is eligible for the preference if | ||||||
4 | the member
meets the service requirements of this subsection | ||||||
5 | (e).
| ||||||
6 | (f) The augmented ratings shall be used when determining | ||||||
7 | the rank order of persons to be appointed entitled to a | ||||||
8 | preference on eligible lists
shall be determined on the basis | ||||||
9 | of their augmented ratings. When the
Director establishes | ||||||
10 | eligible lists on the basis of category ratings such as
| ||||||
11 | "superior", "excellent", "well-qualified", and "qualified", | ||||||
12 | the veteran
eligibles in each such category shall be preferred | ||||||
13 | for appointment before the
non-veteran eligibles in the same | ||||||
14 | category .
| ||||||
15 | (g) Employees in positions covered by jurisdiction B who, | ||||||
16 | while in good
standing, leave to engage in military service | ||||||
17 | during a period of hostility,
shall be given credit for | ||||||
18 | seniority purposes for time served in the armed
forces.
| ||||||
19 | (h) A surviving unremarried spouse of a veteran who | ||||||
20 | suffered a service
connected death or the spouse of a veteran | ||||||
21 | who suffered a service connected
disability that prevents the | ||||||
22 | veteran from qualifying for civil service
employment shall be | ||||||
23 | entitled to the same preference to which the veteran
would | ||||||
24 | have been entitled under this Section.
| ||||||
25 | (i) A preference shall also be given to the following | ||||||
26 | individuals: 10
points for one parent of an unmarried veteran |
| |||||||
| |||||||
1 | who suffered a service
connected death or a service connected | ||||||
2 | disability that prevents the veteran
from qualifying for civil | ||||||
3 | service employment. The first parent to receive a
civil | ||||||
4 | service appointment shall be the parent entitled to the | ||||||
5 | preference.
| ||||||
6 | (j) The Department of Central Management Services shall | ||||||
7 | adopt rules and
implement procedures to verify that any person | ||||||
8 | seeking a preference under this
Section is entitled to the | ||||||
9 | preference. A person seeking a preference under
this Section | ||||||
10 | shall provide documentation or execute any consents or other
| ||||||
11 | documents required by the Department of Central Management | ||||||
12 | Services or any
other State department or agency to enable the | ||||||
13 | department or agency to verify
that the person is entitled to | ||||||
14 | the preference.
| ||||||
15 | (k) If an applicant claims to be a veteran, the Department | ||||||
16 | of Central
Management Services must verify that status before | ||||||
17 | granting a veteran
preference by requiring a certified copy of | ||||||
18 | the applicant's most recent
DD214 (Certificate of Release or | ||||||
19 | Discharge from Active Duty), NGB-22 (Proof of National Guard | ||||||
20 | Service), or other evidence
of the applicant's most recent | ||||||
21 | honorable discharge from the Armed Forces of the
United States | ||||||
22 | that is determined to be acceptable by the Department of | ||||||
23 | Central
Management Services.
| ||||||
24 | (Source: P.A. 100-496, eff. 9-8-17.)
| ||||||
25 | (20 ILCS 415/8b.8) (from Ch. 127, par. 63b108b.8)
|
| |||||||
| |||||||
1 | Sec. 8b.8.
For emergency appointments to any positions in | ||||||
2 | the State service
for a period not to exceed 90 60 days, to | ||||||
3 | meet emergency situations. Emergency
appointments may be made | ||||||
4 | without regard to competitive selection eligible lists but may | ||||||
5 | not be
renewed. Notice of such appointments and terminations | ||||||
6 | shall be reported
simultaneously to the Director of Central | ||||||
7 | Management Services.
| ||||||
8 | (Source: P.A. 82-789.)
| ||||||
9 | (20 ILCS 415/8b.9) (from Ch. 127, par. 63b108b.9)
| ||||||
10 | Sec. 8b.9.
For temporary appointments to any positions in | ||||||
11 | the State service
which are determined to be temporary or | ||||||
12 | seasonal in nature by the Director
of Central Management | ||||||
13 | Services. Temporary appointments
may be made for not more than | ||||||
14 | 6 months
and may be taken from eligible lists to the extent | ||||||
15 | determined to be
practicable . No position in the State service | ||||||
16 | may be filled by temporary
appointment for more than 6 months | ||||||
17 | out of any 12 month period.
| ||||||
18 | (Source: P.A. 82-789.)
| ||||||
19 | (20 ILCS 415/8b.10) (from Ch. 127, par. 63b108b.10)
| ||||||
20 | Sec. 8b.10.
For provisional appointment to a position | ||||||
21 | without competitive
qualification assessment examination when | ||||||
22 | there is no appropriate eligible list available . No
position | ||||||
23 | within jurisdiction B may be filled by provisional appointment | ||||||
24 | for
longer than 6 months out of any 12 month period.
|
| |||||||
| |||||||
1 | (Source: P.A. 76-628.)
| ||||||
2 | (20 ILCS 415/8b.14) (from Ch. 127, par. 63b108b.14)
| ||||||
3 | Sec. 8b.14.
For the promotion of staff development and | ||||||
4 | utilization by means
of records of performance of all | ||||||
5 | employees in the State service. The
performance records may be | ||||||
6 | considered in determining salary increases,
provided in the | ||||||
7 | pay plan, and as a factor in promotion tests , or promotions . | ||||||
8 | The
performance records shall be considered as a factor in | ||||||
9 | determining salary
decreases, the order of layoffs because of | ||||||
10 | lack of funds or work,
reinstatement, demotions, discharges | ||||||
11 | and geographical transfers.
| ||||||
12 | (Source: Laws 1968, p. 472.)
| ||||||
13 | (20 ILCS 415/8b.17) (from Ch. 127, par. 63b108b.17)
| ||||||
14 | Sec. 8b.17.
For trainee programs, and for the appointment | ||||||
15 | of persons to
positions in trainee programs, hereinafter | ||||||
16 | called "trainee appointments".
Trainee appointments may be | ||||||
17 | made with or without examination,
with consideration of the | ||||||
18 | needs of Illinois residents,
but may not
be made to positions | ||||||
19 | in any class that is not in a trainee program approved
by the | ||||||
20 | Director of Central
Management Services.
Trainee programs will | ||||||
21 | be developed with consideration of the need for
employees with | ||||||
22 | linguistic abilities or cultural knowledge. The Director
shall | ||||||
23 | work with the Department of Human Services and the
Department | ||||||
24 | of
Employment Security in trainee position placements for |
| |||||||
| |||||||
1 | those persons who
receive benefits from those Departments.
| ||||||
2 | Persons who receive trainee appointments do not
acquire any | ||||||
3 | rights under jurisdiction B of the Personnel Code by
virtue of | ||||||
4 | their appointments.
| ||||||
5 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
6 | (20 ILCS 415/8b.18) (from Ch. 127, par. 63b108b.18)
| ||||||
7 | Sec. 8b.18. Probationary separation Term Appointments . For | ||||||
8 | the separation of employees who fail to successfully complete | ||||||
9 | the probationary period with the prior approval of the | ||||||
10 | Director of Central Management Services. Unless otherwise | ||||||
11 | required by rule or the employee is a member of a collective | ||||||
12 | bargaining unit, the Director of Central Management Services | ||||||
13 | may approve a probationary separation when an employee fails | ||||||
14 | to satisfactorily complete the probationary period. (a) | ||||||
15 | Appointees for all positions not
subject to paragraphs (1), | ||||||
16 | (2), (3) and (6) of Section 4d in or above merit
compensation | ||||||
17 | grade 12 or its equivalent shall be appointed for a term of 4
| ||||||
18 | years. During the term of such appointments, Jurisdictions A, | ||||||
19 | B and C
shall apply to such positions. When a term expires, the | ||||||
20 | Director or
Chairman of the Department, Board or Commission in | ||||||
21 | which the position is
located, shall terminate the incumbent | ||||||
22 | or renew the term for another 4 year
term. Failure to renew the | ||||||
23 | term is not grievable or appealable to the
Civil Service | ||||||
24 | Commission.
| ||||||
25 | For the purpose of implementing the above Section, the |
| |||||||
| |||||||
1 | Director of Central
Management Services shall supply each such | ||||||
2 | Director or Chairman
with a list of employees selected | ||||||
3 | randomly by social security numbers in
his particular | ||||||
4 | Department, Board or Commission who are in salary
grades | ||||||
5 | subject to this Section on February 1, 1980. Such list shall | ||||||
6 | include
25% of all such employees in the Department, Board or | ||||||
7 | Commission. Those
employees shall only continue in State | ||||||
8 | employment in those positions if
an appointment is made | ||||||
9 | pursuant to this Section by the Director or Chairman
of that | ||||||
10 | Department, Board or Commission.
| ||||||
11 | The same process shall occur on February 1, 1981, 1982 and | ||||||
12 | 1983 with an
additional 25% of the employees subject to this | ||||||
13 | Section who are employed
on January 1, 1980 being submitted by | ||||||
14 | the Director of Central Management
Services for appointment | ||||||
15 | each year.
| ||||||
16 | New appointments to such positions after January 1, 1980 | ||||||
17 | shall be appointed
pursuant to this Section.
| ||||||
18 | The Director of Central Management Services may exempt | ||||||
19 | specific positions
in agencies receiving federal funds from | ||||||
20 | the operation of this Section if
he finds and reports to the | ||||||
21 | Speaker of the House and the President of the
Senate, after | ||||||
22 | good faith negotiations, that such exemption is necessary to
| ||||||
23 | maintain the availability of federal funds.
| ||||||
24 | All positions, the duties and responsibilities of which | ||||||
25 | are wholly
professional but do not include policy-making or | ||||||
26 | major administrative
responsibilities and those positions |
| |||||||
| |||||||
1 | which have either salaries at
negotiated rates or salaries at | ||||||
2 | prevailing rates shall be exempt from the
provisions of this | ||||||
3 | Section.
| ||||||
4 | (b) Beginning January 1, 1985 and thereafter, any | ||||||
5 | incumbent holding
probationary or certified status in a | ||||||
6 | position in or above merit
compensation grade 12 or its | ||||||
7 | equivalent and subject to paragraph (1), (2),
(3) or (6) of | ||||||
8 | Section 4d shall be subject to review and appointment for a
| ||||||
9 | term of 4 years unless such incumbent has received an | ||||||
10 | appointment or
renewal under paragraph (a) of this Section. | ||||||
11 | During the term of such
appointment, Jurisdiction A, B and C | ||||||
12 | shall apply to such incumbent. When a
term expires, the | ||||||
13 | Director or Chairman of the Department, Board or
Commission in | ||||||
14 | which the position is located, shall terminate the incumbent
| ||||||
15 | or renew the term for another 4 year term. Failure to renew the | ||||||
16 | term is not
grievable or appealable to the Civil Service | ||||||
17 | Commission.
| ||||||
18 | (Source: P.A. 83-1362; 83-1369; 83-1528.)
| ||||||
19 | (20 ILCS 415/8b.19) (from Ch. 127, par. 63b108b.19)
| ||||||
20 | Sec. 8b.19. Term appointments. | ||||||
21 | (a) Appointees and renewal appointees
for all positions | ||||||
22 | not subject to paragraphs (1), (2), (3) and (6) of
Section 4d | ||||||
23 | in or above merit compensation grade 12 or its equivalent | ||||||
24 | shall
be appointed for a term of 4 years beginning on the | ||||||
25 | effective date of the
appointment or renewal. During the term |
| |||||||
| |||||||
1 | of such appointments,
Jurisdictions A, B and C shall apply to | ||||||
2 | such positions. When a term
expires, the Director or Chairman | ||||||
3 | of the Department, Board or Commission in
which the position | ||||||
4 | is located shall terminate the incumbent or renew the
term for | ||||||
5 | another 4 year term. Failure to renew the term is not grievable
| ||||||
6 | or appealable to the Civil Service Commission.
| ||||||
7 | New appointments to such positions after the effective | ||||||
8 | date of this
amendatory Act of 1988 shall be appointed | ||||||
9 | pursuant to this Section.
| ||||||
10 | The Director of Central Management Services may exempt | ||||||
11 | specific positions
in agencies receiving federal funds from | ||||||
12 | the operation of this Section if
he or she finds and reports to | ||||||
13 | the Speaker of the House and the President
of the Senate, after | ||||||
14 | good faith negotiations, that the exemption is
necessary to | ||||||
15 | maintain the availability of federal funds.
| ||||||
16 | All positions, the duties and responsibilities of which | ||||||
17 | are wholly
professional but do not include policy making or | ||||||
18 | major administrative
responsibilities, and those positions | ||||||
19 | which have either salaries at
negotiated rates or salaries at | ||||||
20 | prevailing rates shall be exempt from the
provisions of this | ||||||
21 | Section.
| ||||||
22 | (b) Any incumbent who has received an appointment or | ||||||
23 | renewal either
before the effective date of this amendatory | ||||||
24 | Act of 1988 or under paragraph
(a) of this Section and who is | ||||||
25 | holding probationary or certified status in
a position in or | ||||||
26 | above merit compensation grade 12 or its equivalent and
|
| |||||||
| |||||||
1 | subject to paragraph (1), (2), (3) or (6) of Section 4d shall | ||||||
2 | be subject to
review and appointment when the term expires. | ||||||
3 | During the term of such
appointment, Jurisdictions A, B and C | ||||||
4 | shall apply to such incumbent. When
a term expires, the | ||||||
5 | Director or Chairman of the Department, Board or
Commission in | ||||||
6 | which the position is located shall terminate the incumbent
or | ||||||
7 | renew the term for another 4 year term. Failure to renew the | ||||||
8 | term is
not grievable or appealable to the Civil Service | ||||||
9 | Commission.
| ||||||
10 | (c) The term of any person appointed to or renewed in a | ||||||
11 | term position
before the effective date of this amendatory Act | ||||||
12 | of 1988 shall expire 4
years after the effective date of the | ||||||
13 | appointment or renewal. However, appointment to a different | ||||||
14 | position, also subject to the 4-year term, shall restart the | ||||||
15 | 4-year term appointment period.
| ||||||
16 | (d) All appointments to and renewals in term positions | ||||||
17 | made before the
effective date of this amendatory Act of 1988 | ||||||
18 | are ratified and confirmed.
| ||||||
19 | (Source: P.A. 85-1152.)
| ||||||
20 | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
| ||||||
21 | Sec. 9. Director, powers and duties. The Director, as | ||||||
22 | executive
head of the Department, shall direct and supervise | ||||||
23 | all its
administrative and technical activities. In addition | ||||||
24 | to the duties
imposed upon him elsewhere in this law, it shall | ||||||
25 | be his duty:
|
| |||||||
| |||||||
1 | (1) To apply and carry out this law and the rules | ||||||
2 | adopted
thereunder.
| ||||||
3 | (2) To attend meetings of the Commission.
| ||||||
4 | (3) To establish and maintain a roster of all | ||||||
5 | employees subject to
this Act, in which there shall be set | ||||||
6 | forth, as to each employee, the
class, title, pay, status, | ||||||
7 | and other pertinent data.
| ||||||
8 | (4) To appoint, subject to the provisions of this Act, | ||||||
9 | such
employees of the Department and such experts and | ||||||
10 | special assistants as
may be necessary to carry out | ||||||
11 | effectively this law.
| ||||||
12 | (5) Subject to such exemptions or modifications as may | ||||||
13 | be necessary
to assure the continuity of federal | ||||||
14 | contributions in those agencies
supported in whole or in | ||||||
15 | part by federal funds, to make appointments to
vacancies; | ||||||
16 | to approve all written charges seeking discharge, | ||||||
17 | demotion,
or other disciplinary measures provided in this | ||||||
18 | Act and to approve
transfers of employees from one | ||||||
19 | geographical area to another in the
State, in offices, | ||||||
20 | positions or places of employment covered by this
Act, | ||||||
21 | after consultation with the operating unit.
| ||||||
22 | (6) To formulate and administer service wide policies | ||||||
23 | and programs
for the improvement of employee | ||||||
24 | effectiveness, including training,
safety, health, | ||||||
25 | incentive recognition, counseling, welfare and employee
| ||||||
26 | relations. The Department shall formulate and administer |
| |||||||
| |||||||
1 | recruitment
plans and testing of potential employees for | ||||||
2 | agencies having direct
contact with significant numbers of | ||||||
3 | non-English speaking or otherwise
culturally distinct | ||||||
4 | persons. The Department shall require each State agency
to | ||||||
5 | annually assess the need for employees with appropriate | ||||||
6 | bilingual
capabilities to serve the significant numbers of | ||||||
7 | non-English speaking or
culturally distinct persons. The | ||||||
8 | Department shall develop a uniform
procedure for assessing | ||||||
9 | an agency's need for employees with appropriate
bilingual | ||||||
10 | capabilities. Agencies shall establish occupational titles | ||||||
11 | or
designate positions as "bilingual option" for persons | ||||||
12 | having sufficient
linguistic ability or cultural knowledge | ||||||
13 | to be able to render effective
service to such persons. | ||||||
14 | The Department shall ensure that any such option
is | ||||||
15 | exercised according to the agency's needs assessment and | ||||||
16 | the
requirements of this Code. The Department shall make | ||||||
17 | annual reports of the
needs assessment of each agency and | ||||||
18 | the number of positions calling for
non-English linguistic | ||||||
19 | ability to whom vacancy postings were sent, and the
number | ||||||
20 | filled by each agency. Such policies and programs shall be | ||||||
21 | subject
to approval by the Governor, provided that for | ||||||
22 | needs that require a certain linguistic ability that: (i) | ||||||
23 | have not been met for a posted position for a period of at | ||||||
24 | least one year; or (ii) arise when an individual's health | ||||||
25 | or safety would be placed in immediate risk, the | ||||||
26 | Department shall accept certifications of linguistic |
| |||||||
| |||||||
1 | competence from pre-approved third parties. To facilitate | ||||||
2 | expanding the scope of sources to demonstrate linguistic | ||||||
3 | competence, the Department shall issue standards for | ||||||
4 | demonstrating linguistic competence. No later than January | ||||||
5 | 2024, the Department shall authorize at least one if not | ||||||
6 | more community colleges in the regions involving the | ||||||
7 | counties of Cook, Lake, McHenry, Kane, DuPage, Kendall, | ||||||
8 | Will, Sangamon, and 5 other geographically distributed | ||||||
9 | counties within the State to pre-test and certify | ||||||
10 | linguistic ability, and such certifications by candidates | ||||||
11 | shall be presumed to satisfy the linguistic ability | ||||||
12 | requirements for the job position. Such policies, program | ||||||
13 | reports and needs
assessment reports, as well as | ||||||
14 | linguistic certification standards, shall be filed with | ||||||
15 | the General Assembly
by January 1 of each year and shall be | ||||||
16 | available to the public.
| ||||||
17 | The Department shall include within the report | ||||||
18 | required above
the number of persons receiving the | ||||||
19 | bilingual pay supplement established by
Section 8a.2 of | ||||||
20 | this Code. The report shall provide the number of persons
| ||||||
21 | receiving the bilingual pay supplement for languages other | ||||||
22 | than English and for
signing. The report shall also | ||||||
23 | indicate the number of persons, by the
categories of | ||||||
24 | Hispanic and non-Hispanic, who are receiving the bilingual | ||||||
25 | pay
supplement for language skills other than signing, in | ||||||
26 | a language other than
English.
|
| |||||||
| |||||||
1 | (7) To conduct negotiations affecting pay, hours of | ||||||
2 | work, or other
working conditions of employees subject to | ||||||
3 | this Act.
| ||||||
4 | (8) To make continuing studies to improve the | ||||||
5 | efficiency of State
services to the residents of Illinois, | ||||||
6 | including but not limited to those
who are non-English | ||||||
7 | speaking or culturally distinct, and to report his
| ||||||
8 | findings and recommendations to the Commission and the | ||||||
9 | Governor.
| ||||||
10 | (9) To investigate from time to time the operation and | ||||||
11 | effect of
this law and the rules made thereunder and to | ||||||
12 | report his findings and
recommendations to the Commission | ||||||
13 | and to the
Governor.
| ||||||
14 | (10) To make an annual report regarding the work of | ||||||
15 | the Department,
and such special reports as he may | ||||||
16 | consider desirable, to the Commission
and to the Governor, | ||||||
17 | or as the Governor or Commission may request.
| ||||||
18 | (11) To make continuing studies to encourage State | ||||||
19 | employment for persons with disabilities, including, but | ||||||
20 | not limited to, the Successful Disability Opportunities | ||||||
21 | Program. (Blank).
| ||||||
22 | (12) To make available on the Department's website | ||||||
23 | information regarding all exempt positions in State | ||||||
24 | service no less frequently than quarterly. To prepare and | ||||||
25 | publish a semi-annual statement showing the
number of | ||||||
26 | employees exempt and non-exempt from merit selection in |
| |||||||
| |||||||
1 | each
department. This report shall be in addition to other | ||||||
2 | information on
merit selection maintained for public | ||||||
3 | information under existing law.
| ||||||
4 | (13) To establish policies to increase the flexibility | ||||||
5 | of the State work force for every department or agency | ||||||
6 | subject to Jurisdiction C, including the use of flexible | ||||||
7 | time, location, workloads, and positions. To authorize in | ||||||
8 | every department or agency subject to
Jurisdiction C the | ||||||
9 | use of flexible hours positions. A flexible hours
position | ||||||
10 | is one that does not require an ordinary work schedule as
| ||||||
11 | determined by the Department and includes but is not | ||||||
12 | limited to: 1) a
part time job of 20 hours or more per | ||||||
13 | week, 2) a job which is shared by
2 employees or a | ||||||
14 | compressed work week consisting of an ordinary number
of | ||||||
15 | working hours performed on fewer than the number of days | ||||||
16 | ordinarily
required to perform that job. The Department | ||||||
17 | may define flexible time , location, workloads, and | ||||||
18 | positions based on a variety of relevant factors, | ||||||
19 | including, but not limited to, State operational needs
to | ||||||
20 | include other types of jobs that are defined above .
| ||||||
21 | The Director and the director of each department or | ||||||
22 | agency shall
together establish goals for flexibility | ||||||
23 | flexible hours positions to be available in
every | ||||||
24 | department or agency.
| ||||||
25 | The Department shall give technical assistance to | ||||||
26 | departments and
agencies in achieving their goals, and |
| |||||||
| |||||||
1 | shall report to the Governor and
the General Assembly each | ||||||
2 | year on the progress of each department and
agency.
| ||||||
3 | When a goal of 10% of the positions in a department or | ||||||
4 | agency being
available on a flexible hours basis has been | ||||||
5 | reached, the Department
shall evaluate the effectiveness | ||||||
6 | and efficiency of the program and
determine whether to | ||||||
7 | expand the number of positions available for
flexible | ||||||
8 | hours to 20%.
| ||||||
9 | When a goal of 20% of the positions in a department or | ||||||
10 | agency being
available on a flexible hours basis has been | ||||||
11 | reached, the Department
shall evaluate the effectiveness | ||||||
12 | and efficiency of the program and
determine whether to | ||||||
13 | expand the number of positions available for
flexible | ||||||
14 | hours.
| ||||||
15 | Each department shall develop a plan for | ||||||
16 | implementation of flexible
work requirements designed to | ||||||
17 | reduce the need for day care of employees'
children | ||||||
18 | outside the home. Each department shall submit a report of | ||||||
19 | its
plan to the Department of Central Management Services | ||||||
20 | and the General
Assembly. This report shall be submitted | ||||||
21 | biennially by March 1, with the
first report due March 1, | ||||||
22 | 1993.
| ||||||
23 | (14) To perform any other lawful acts which he may | ||||||
24 | consider
necessary or desirable to carry out the purposes | ||||||
25 | and provisions of this
law.
| ||||||
26 | The requirement for reporting to the General Assembly |
| |||||||
| |||||||
1 | shall be satisfied
by filing copies of the report as required | ||||||
2 | by Section 3.1 of the General Assembly Organization Act, and
| ||||||
3 | filing such additional copies with the State Government Report | ||||||
4 | Distribution
Center for the General Assembly as is required | ||||||
5 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
6 | (Source: P.A. 102-952, eff. 1-1-23 .)
| ||||||
7 | (20 ILCS 415/10) (from Ch. 127, par. 63b110)
| ||||||
8 | Sec. 10. Duties and powers of the Commission. The Civil | ||||||
9 | Service Commission shall have duties and powers as follows:
| ||||||
10 | (1) Upon written recommendations by the Director of | ||||||
11 | the Department
of Central Management Services to exempt | ||||||
12 | from jurisdiction B of this Act
positions which, in the | ||||||
13 | judgment of the Commission, involve either
principal | ||||||
14 | administrative responsibility for the determination of | ||||||
15 | policy or
principal administrative responsibility for the | ||||||
16 | way in which policies are
carried out. This authority may | ||||||
17 | not be exercised, however, with respect to
the position of | ||||||
18 | Assistant Director of Healthcare and Family Services in | ||||||
19 | the Department of Healthcare and Family Services.
| ||||||
20 | (2) To require such special reports from the Director | ||||||
21 | as it may
consider desirable.
| ||||||
22 | (3) (Blank). To disapprove original rules or any part | ||||||
23 | thereof within 90 days
and any amendment thereof within 30 | ||||||
24 | days after the submission of such
rules to the Civil | ||||||
25 | Service Commission by the Director, and to disapprove
any |
| |||||||
| |||||||
1 | amendments thereto in the same manner.
| ||||||
2 | (4) To approve or disapprove within 60 days from date | ||||||
3 | of submission
the position classification plan submitted | ||||||
4 | by the Director as provided
in the rules, and any | ||||||
5 | revisions thereof within 30 days from the date of
| ||||||
6 | submission.
| ||||||
7 | (5) To hear appeals of employees who do not accept the | ||||||
8 | allocation of
their positions under the position | ||||||
9 | classification plan.
| ||||||
10 | (6) To hear and determine written charges filed | ||||||
11 | seeking the
discharge, demotion of employees and | ||||||
12 | suspension totaling more than
thirty days in any 12-month | ||||||
13 | period, as provided in Section 11 hereof,
and appeals from | ||||||
14 | transfers from one geographical area in the State to
| ||||||
15 | another, and in connection therewith to administer oaths, | ||||||
16 | subpoena
witnesses, and compel the production of books and | ||||||
17 | papers.
| ||||||
18 | (7) The fees of subpoenaed witnesses under this Act | ||||||
19 | for attendance and
travel shall be the same as fees of | ||||||
20 | witnesses before the circuit courts
of the State, such | ||||||
21 | fees to be paid when the witness is excused from further
| ||||||
22 | attendance. Whenever a subpoena is issued the Commission | ||||||
23 | may require that
the cost of service and the fee of the | ||||||
24 | witness shall be borne by the party
at whose insistence | ||||||
25 | the witness is summoned. The Commission has the power,
at | ||||||
26 | its discretion, to require a deposit from such party to |
| |||||||
| |||||||
1 | cover the cost
of service and witness fees and the payment | ||||||
2 | of the legal witness fee and
mileage to the witness served | ||||||
3 | with the subpoena. A subpoena issued under
this Act shall | ||||||
4 | be served in the same manner as a subpoena issued out of a | ||||||
5 | court.
| ||||||
6 | Upon the failure or refusal to obey a subpoena, a | ||||||
7 | petition shall be prepared
by the party serving the | ||||||
8 | subpoena for enforcement in the circuit court of
the | ||||||
9 | county in which the person to whom the subpoena was | ||||||
10 | directed either
resides or has his or her principal place | ||||||
11 | of business.
| ||||||
12 | Not less than five days before the petition is filed | ||||||
13 | in the appropriate
court, it shall be served on the person | ||||||
14 | along with a notice of the time and
place the petition is | ||||||
15 | to be presented.
| ||||||
16 | Following a hearing on the petition, the circuit court | ||||||
17 | shall have
jurisdiction to enforce subpoenas issued | ||||||
18 | pursuant to this Section.
| ||||||
19 | On motion and for good cause shown the Commission may | ||||||
20 | quash or modify
any subpoena.
| ||||||
21 | (8) To make an annual report regarding the work of the | ||||||
22 | Commission to
the Governor, such report to be a public | ||||||
23 | report.
| ||||||
24 | (9) If any violation of this Act is found, the | ||||||
25 | Commission shall
direct compliance in writing.
| ||||||
26 | (10) To appoint a full-time executive secretary and |
| |||||||
| |||||||
1 | such other
employees, experts, and special assistants as | ||||||
2 | may be necessary to carry
out the powers and duties of the | ||||||
3 | Commission under this Act and
employees, experts, and | ||||||
4 | special assistants so appointed by the
Commission shall be | ||||||
5 | subject to the provisions of jurisdictions A, B and
C of | ||||||
6 | this Act. These powers and duties supersede any contrary | ||||||
7 | provisions
herein contained.
| ||||||
8 | (11) To make rules to carry out and implement their | ||||||
9 | powers and
duties under this Act, with authority to amend | ||||||
10 | such rules from time to
time.
| ||||||
11 | (12) To hear or conduct investigations as it deems | ||||||
12 | necessary of appeals
of layoff filed by employees | ||||||
13 | appointed under Jurisdiction B after examination
provided | ||||||
14 | that such appeals are filed within 15 calendar days | ||||||
15 | following the
effective date of such layoff and are made | ||||||
16 | on the basis that the provisions
of the Personnel Code or | ||||||
17 | of the Rules of the Department of Central Management
| ||||||
18 | Services relating to layoff have been violated or have not
| ||||||
19 | been complied with.
| ||||||
20 | All hearings shall be public. A decision shall be | ||||||
21 | rendered within 60 days
after receipt of the transcript of | ||||||
22 | the proceedings. The Commission shall
order the | ||||||
23 | reinstatement of the employee if it is proven that the | ||||||
24 | provisions
of the Personnel Code or of the rules of the | ||||||
25 | Department of Central Management
Services relating to | ||||||
26 | layoff have been violated or have not been
complied with. |
| |||||||
| |||||||
1 | In connection therewith the Commission may administer | ||||||
2 | oaths,
subpoena witnesses, and compel the production of | ||||||
3 | books and papers.
| ||||||
4 | (13) Whenever the Civil Service Commission is
| ||||||
5 | authorized or required by law to consider some aspect of | ||||||
6 | criminal history
record information for the purpose of | ||||||
7 | carrying out its statutory powers and
responsibilities, | ||||||
8 | then, upon request and payment of fees in conformance
with | ||||||
9 | the requirements of Section 2605-400 of the Illinois State | ||||||
10 | Police Law, the Illinois State Police is
authorized to | ||||||
11 | furnish, pursuant to positive identification, such
| ||||||
12 | information contained in State files as is necessary to | ||||||
13 | fulfill the request.
| ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
15 | (20 ILCS 415/12f) | ||||||
16 | Sec. 12f. Merit compensation/salary grade employees; | ||||||
17 | layoffs. | ||||||
18 | (a) Each State agency shall make every attempt to minimize | ||||||
19 | the number of its employees that are laid off. In an effort to | ||||||
20 | minimize layoffs, each merit compensation/salary grade | ||||||
21 | employee who is subject to layoff shall be offered any vacant | ||||||
22 | positions for the same title held by that employee within the | ||||||
23 | same agency and county from which the employee is subject to | ||||||
24 | layoff and within 2 additional alternate counties designated | ||||||
25 | by the employee (or 3 additional counties if the employee's |
| |||||||
| |||||||
1 | facility or office is closing), excluding titles that are | ||||||
2 | subject to collective bargaining. If no such vacancies exist, | ||||||
3 | then the employee shall be eligible for reemployment for a | ||||||
4 | period of 3 years, commencing with the date of layoff. The | ||||||
5 | Department may adopt rules and implement procedures for | ||||||
6 | reemployment placed on the agency's reemployment list for (i) | ||||||
7 | the title from which the employee was laid off and (ii) any | ||||||
8 | other titles or successor titles previously held by that | ||||||
9 | employee in which the employee held certified status within | ||||||
10 | the county from which the employee was laid off and within 2 | ||||||
11 | additional alternate counties designated by the employee (or 3 | ||||||
12 | additional counties if the employee's facility or office is | ||||||
13 | closing), excluding titles that are subject to collective | ||||||
14 | bargaining. Laid-off employees shall remain on a reemployment | ||||||
15 | list for 3 years, commencing with the date of layoff . | ||||||
16 | (b) Merit compensation/salary grade employees who are laid | ||||||
17 | off shall be extended the same medical and dental insurance | ||||||
18 | benefits to which employees laid off from positions subject to | ||||||
19 | collective bargaining are entitled and on the same terms. | ||||||
20 | (c) Employees laid off from merit compensation/salary | ||||||
21 | grade positions may apply to be qualified for any titles | ||||||
22 | subject to collective bargaining. | ||||||
23 | (d) Merit compensation/salary grade employees subject to | ||||||
24 | layoff shall be given 30 days' notice of the layoff. | ||||||
25 | Information about all A list of all current vacancies of all | ||||||
26 | titles within the agency shall be provided to the employee |
| |||||||
| |||||||
1 | with the notice of the layoff.
| ||||||
2 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
3 | (20 ILCS 415/13) (from Ch. 127, par. 63b113)
| ||||||
4 | Sec. 13. Unlawful acts prohibited.
| ||||||
5 | (1) No person shall make any false statement, certificate, | ||||||
6 | mark, rating,
or report with regard to any test, | ||||||
7 | certification, or appointment made under
any provision of this | ||||||
8 | law, or in any manner commit or attempt to commit any
fraud | ||||||
9 | preventing the impartial execution of this law and the rules.
| ||||||
10 | (2) No person shall, directly or indirectly, give, render, | ||||||
11 | pay, offer,
solicit, or accept any money, service, or other | ||||||
12 | valuable consideration for
or on account of any appointment, | ||||||
13 | proposed appointment, promotion, or
proposed promotion to, or | ||||||
14 | any advantage in, a position in the State
service.
| ||||||
15 | (3) No person shall defeat, deceive, or obstruct any | ||||||
16 | person in his right
to a qualification assessment examination, | ||||||
17 | eligibility, certification, or appointment under this law,
or | ||||||
18 | furnish to any person any special or secret information for | ||||||
19 | the purpose
of affecting the rights or prospects of any person | ||||||
20 | with respect to
employment in the State service.
| ||||||
21 | (4) No person may enter into any agreement under which a | ||||||
22 | State
employee is offered or assured of re-employment in the | ||||||
23 | same department or
agency after the employee's resignation | ||||||
24 | from State employment for the
purpose of receiving payment for | ||||||
25 | accrued vacation, overtime, sick leave or
personal leave, or |
| |||||||
| |||||||
1 | for the purpose of receiving a refund of the employee's
| ||||||
2 | accumulated pension contributions.
| ||||||
3 | (Source: P.A. 87-384.)
| ||||||
4 | (20 ILCS 415/14) (from Ch. 127, par. 63b114)
| ||||||
5 | Sec. 14. Records of the Department of Central Management | ||||||
6 | Services. The records of the Department, including original | ||||||
7 | and promotional
eligible registers, except such records as the | ||||||
8 | rules may properly require
to be held confidential for reasons | ||||||
9 | of public policy, shall be public
records and shall be open to | ||||||
10 | public inspection, subject to reasonable
regulations as to the | ||||||
11 | time and manner of inspection which may be prescribed
by the | ||||||
12 | Director.
| ||||||
13 | (Source: P.A. 85-1152.)
| ||||||
14 | (20 ILCS 415/17a) (from Ch. 127, par. 63b117a)
| ||||||
15 | Sec. 17a.
Appointment of federal
employees to State | ||||||
16 | positions.
At the discretion of the Director of Central | ||||||
17 | Management Services,
any certified or
probationary employee of | ||||||
18 | any Federal office, agency or institution in the
State of | ||||||
19 | Illinois which is closed by the Federal Government may be
| ||||||
20 | appointed to a comparable position in State service, without | ||||||
21 | competitive selection
examination . Such persons will attain | ||||||
22 | certified status provided they pass a
qualifying examination | ||||||
23 | prescribed by the Director within 6 months after
being so | ||||||
24 | appointed, and provided they thereafter satisfactorily |
| |||||||
| |||||||
1 | complete
their respective probationary periods. Such | ||||||
2 | qualifying examinations shall
be of the same kind as those | ||||||
3 | required for entrance examinations for
comparable positions. | ||||||
4 | Appointments of such employees shall be without
regard to the | ||||||
5 | competitive selection process eligible lists and without | ||||||
6 | regard to the provisions of this Code
requiring the | ||||||
7 | appointment of the person standing among the three highest on
| ||||||
8 | the appropriate eligible list to fill a vacancy or from the | ||||||
9 | highest
category ranking group if the list is by rankings | ||||||
10 | instead of numerical
ratings. Nothing herein shall preclude | ||||||
11 | the reclassification or reallocation
as provided by this Act | ||||||
12 | of any position held by any person appointed
pursuant to this | ||||||
13 | Section .
| ||||||
14 | (Source: P.A. 82-789.)
| ||||||
15 | (20 ILCS 415/17b) | ||||||
16 | Sec. 17b. Trainee program for persons with a disability. | ||||||
17 | (a) Notwithstanding any other provision of law, on and | ||||||
18 | after July 1, 2020, each State agency with 1,500 employees or | ||||||
19 | more shall, and each executive branch constitutional officer | ||||||
20 | may, offer at least one position per year to be filled by a | ||||||
21 | person with a disability, as defined by the federal Americans | ||||||
22 | with Disabilities Act, through an established trainee program. | ||||||
23 | Agencies with fewer than 1,500 employees may also elect to | ||||||
24 | participate in the program. The trainee position shall last | ||||||
25 | for a period of at least 6 months and shall require the trainee |
| |||||||
| |||||||
1 | to participate in the trainee program for at least 20 hours per | ||||||
2 | week. The program shall be administered by the Department of | ||||||
3 | Central Management Services. The Department of Central | ||||||
4 | Management Services shall conduct an initial assessment of | ||||||
5 | potential candidates, and the hiring agency or officer shall | ||||||
6 | conduct a final assessment interview . Upon successful | ||||||
7 | completion of the trainee program, the respective agency or | ||||||
8 | officer shall certify issue a certificate of completion of the | ||||||
9 | trainee program, with final approval provided by which shall | ||||||
10 | be sent to the Department of Central Management Services for | ||||||
11 | final approval . Individuals who successfully complete a | ||||||
12 | trainee appointment under this Section are eligible for | ||||||
13 | promotion to the target title without further examination. The | ||||||
14 | Department of Central Management Services, in cooperation with | ||||||
15 | the Employment and Economic Opportunity for Persons with | ||||||
16 | Disabilities Task Force, may shall adopt rules to implement | ||||||
17 | and administer the trainee program for persons with | ||||||
18 | disabilities, including, but not limited to, establishing | ||||||
19 | non-political selection criteria, implementing an assessment | ||||||
20 | and interview process , if necessary, that accommodates persons | ||||||
21 | with a disability, and linking trainee programs to targeted | ||||||
22 | full-time position titles. | ||||||
23 | (b) The Employment and Economic Opportunity for Persons | ||||||
24 | with Disabilities Task Force shall prepare an annual report to | ||||||
25 | be submitted to the Governor and the General Assembly that | ||||||
26 | includes: (1) best practices for helping persons with a |
| |||||||
| |||||||
1 | disability gain employment; (2) proposed rules for adoption by | ||||||
2 | the Department of Central Management Services for the | ||||||
3 | administration and implementation of the trainee program under | ||||||
4 | this Section; (3) the number of agencies that participated in | ||||||
5 | the trainee program under this Section in the previous | ||||||
6 | calendar year; and (4) the number of individuals who | ||||||
7 | participated in the trainee program who became full-time | ||||||
8 | employees of the State at the conclusion of the trainee | ||||||
9 | program.
| ||||||
10 | (Source: P.A. 101-533, eff. 8-23-19.)
| ||||||
11 | (20 ILCS 415/8b.5-1 rep.)
| ||||||
12 | (20 ILCS 415/8d.1 rep.)
| ||||||
13 | (20 ILCS 415/12a rep.)
| ||||||
14 | (20 ILCS 415/12b rep.)
| ||||||
15 | (20 ILCS 415/12c rep.)
| ||||||
16 | (20 ILCS 415/17 rep.)
| ||||||
17 | Section 40. The Personnel Code is amended by repealing | ||||||
18 | Sections 8b.5-1, 8d.1, 12a, 12b, 12c, and 17.
| ||||||
19 | Section 45. The Department of Public Health Powers and | ||||||
20 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
21 | amended by changing Section 2310-347 as follows:
| ||||||
22 | (20 ILCS 2310/2310-347)
| ||||||
23 | Sec. 2310-347. The Carolyn Adams Ticket For The Cure |
| |||||||
| |||||||
1 | Board. | ||||||
2 | (a) The Carolyn Adams Ticket For The Cure Board is created | ||||||
3 | as an advisory board within the Department. Until 30 days | ||||||
4 | after the effective date of this amendatory Act of the 97th | ||||||
5 | General Assembly, the Board may consist of 10 members as | ||||||
6 | follows: 2 members appointed by the President of the Senate; 2 | ||||||
7 | members appointed by the Minority Leader of the Senate; 2 | ||||||
8 | members appointed by the Speaker of the House of | ||||||
9 | Representatives; 2 members appointed by the Minority Leader of | ||||||
10 | the House of Representatives; and 2 members appointed by the | ||||||
11 | Governor with the advice and consent of the Senate, one of whom | ||||||
12 | shall be designated as chair of the Board at the time of | ||||||
13 | appointment. | ||||||
14 | (a-5) Notwithstanding any provision of this Article to the | ||||||
15 | contrary, the term of office of each current Board member ends | ||||||
16 | 30 days after the effective date of this amendatory Act of the | ||||||
17 | 97th General Assembly or when his or her successor is | ||||||
18 | appointed and qualified, whichever occurs sooner. No later | ||||||
19 | than 30 days after the effective date of this amendatory Act of | ||||||
20 | the 97th General Assembly, the Board shall consist of 10 newly | ||||||
21 | appointed members. Four of the Board members shall be members | ||||||
22 | of the General Assembly and appointed as follows: one member | ||||||
23 | appointed by the President of the Senate; one member appointed | ||||||
24 | by the Minority Leader of the Senate; one member appointed by | ||||||
25 | the Speaker of the House of Representatives; and one member | ||||||
26 | appointed by the Minority Leader of the House of |
| |||||||
| |||||||
1 | Representatives. | ||||||
2 | Six of the Board members shall be appointed by the | ||||||
3 | Director of the Department of Public Health, who shall | ||||||
4 | designate one of these appointed members as chair of the Board | ||||||
5 | at the time of his or her appointment. These 6 members | ||||||
6 | appointed by the Director shall reflect the population with | ||||||
7 | regard to ethnic, racial, and geographical composition and | ||||||
8 | shall include the following individuals: one breast cancer | ||||||
9 | survivor; one physician specializing in breast cancer or | ||||||
10 | related medical issues; one breast cancer researcher; one | ||||||
11 | representative from a breast cancer organization; one | ||||||
12 | individual who operates a patient navigation program at a | ||||||
13 | major hospital or health system; and one breast cancer | ||||||
14 | professional that may include, but not be limited to, a | ||||||
15 | genetics counselor, a social worker, a detain, an occupational | ||||||
16 | therapist, or a nurse. | ||||||
17 | A Board member whose term has expired may continue to | ||||||
18 | serve until a successor is appointed. A Board member who is not | ||||||
19 | a member of the General Assembly may serve 2 consecutive | ||||||
20 | 3-year terms and shall not be reappointed for 3 years after the | ||||||
21 | completion of those consecutive terms. | ||||||
22 | (b) Board members shall serve without compensation but may | ||||||
23 | be reimbursed for their reasonable travel expenses incurred in | ||||||
24 | performing their duties from funds available for that purpose. | ||||||
25 | The Department shall provide staff and administrative support | ||||||
26 | services to the Board. |
| |||||||
| |||||||
1 | (c) The Board may advise: | ||||||
2 | (i) the Department of Revenue in designing and | ||||||
3 | promoting the Carolyn Adams Ticket For The Cure special | ||||||
4 | instant scratch-off lottery game; | ||||||
5 | (ii) the Department in reviewing grant applications; | ||||||
6 | and | ||||||
7 | (iii) the Director on the final award of grants from | ||||||
8 | amounts appropriated from the Carolyn Adams Ticket For The | ||||||
9 | Cure Grant Fund, to public or private entities in Illinois | ||||||
10 | that reflect the population with regard to ethnic, racial, | ||||||
11 | and geographic geographical composition for the purpose of | ||||||
12 | funding breast cancer research and supportive services for | ||||||
13 | breast cancer survivors and those impacted by breast | ||||||
14 | cancer and breast cancer education. In awarding grants, | ||||||
15 | the Department shall consider criteria that includes, but | ||||||
16 | is not limited to, projects and initiatives that address | ||||||
17 | disparities in incidence and mortality rates of breast | ||||||
18 | cancer, based on data from the Illinois Cancer Registry, | ||||||
19 | and populations facing barriers to care in accordance with | ||||||
20 | Section 21.5 of the Illinois Lottery Law. | ||||||
21 | (c-5) The Department shall submit a report to the Governor | ||||||
22 | and the General Assembly by December 31 of each year. The | ||||||
23 | report shall provide a summary of the Carolyn Adams Ticket for | ||||||
24 | the Cure lottery ticket sales, grants awarded, and the | ||||||
25 | accomplishments of the grantees. | ||||||
26 | (d) The Board is discontinued on June 30, 2027.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-917, eff. 12-30-16.)
| ||||||
2 | Section 55. The Illinois Criminal Justice Information Act | ||||||
3 | is amended by changing Section 4 as follows:
| ||||||
4 | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) | ||||||
5 | Sec. 4. Illinois Criminal Justice Information Authority; | ||||||
6 | creation,
membership, and meetings. There is created an | ||||||
7 | Illinois Criminal Justice
Information Authority consisting of | ||||||
8 | 25 members. The membership of
the
Authority shall consist of : | ||||||
9 | (1) the Illinois Attorney General , or the Illinois | ||||||
10 | Attorney General's his or her
designee ; , | ||||||
11 | (2) the Director of Corrections or the Director's | ||||||
12 | designee; , | ||||||
13 | (3) the Director
of the Illinois State Police or the | ||||||
14 | Director's designee; , | ||||||
15 | (4) the Director of Public Health or the Director's | ||||||
16 | designee; , | ||||||
17 | (5) the Director of Children and Family Services or | ||||||
18 | the Director's designee; , | ||||||
19 | (6) the Sheriff of Cook County or the Sheriff's | ||||||
20 | designee; , | ||||||
21 | (7) the
State's Attorney of Cook County or the State's | ||||||
22 | Attorney's designee; , | ||||||
23 | (8) the clerk of the circuit court of Cook
County or | ||||||
24 | the clerk's designee; , |
| |||||||
| |||||||
1 | (9) the President of the Cook County Board of | ||||||
2 | Commissioners or the President's designee; , | ||||||
3 | (10) the Superintendent of the Chicago Police
| ||||||
4 | Department or the Superintendent's designee; , | ||||||
5 | (11) the Director of the Office of the State's | ||||||
6 | Attorneys Appellate
Prosecutor or the Director's | ||||||
7 | designee; , | ||||||
8 | (12) the Executive Director of the Illinois Law | ||||||
9 | Enforcement Training
Standards Board or the Executive | ||||||
10 | Director's designee; , | ||||||
11 | (13) the State Appellate Defender or the State | ||||||
12 | Appellate Defender's designee; , | ||||||
13 | (14) the Public Defender of Cook County or the Public | ||||||
14 | Defender's designee; , and | ||||||
15 | (15) the following additional
members, each of whom
| ||||||
16 | shall be appointed by the Governor: | ||||||
17 | (A) a circuit court clerk ; , | ||||||
18 | (B) a sheriff ; ,
| ||||||
19 | (C) a State's Attorney of a
county other than | ||||||
20 | Cook ; , | ||||||
21 | (D) a Public Defender of a county other than | ||||||
22 | Cook ; , | ||||||
23 | (E) a chief of police ; , and | ||||||
24 | (F) 6 members of the
general public. | ||||||
25 | Members appointed on and after the effective date of this | ||||||
26 | amendatory Act of the 98th General Assembly shall be confirmed |
| |||||||
| |||||||
1 | by the Senate. | ||||||
2 | The Governor from time to time shall designate a Chairman | ||||||
3 | of the Authority
from the membership. All members of the | ||||||
4 | Authority appointed by the Governor
shall serve at the | ||||||
5 | pleasure of the Governor for a term not to exceed 4 years.
The | ||||||
6 | initial appointed members of the Authority shall serve from | ||||||
7 | January,
1983 until the third Monday in January, 1987 or until | ||||||
8 | their successors are
appointed. | ||||||
9 | The Authority shall meet at least quarterly, and all | ||||||
10 | meetings of the
Authority shall be called by the Chairman. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
12 | Section 60. The Blue-Ribbon Commission on Transportation | ||||||
13 | Infrastructure and Policy Act is amended by changing Sections | ||||||
14 | 10, 15, 25, and 30 as follows:
| ||||||
15 | (20 ILCS 4116/10) | ||||||
16 | (Section scheduled to be repealed on February 1, 2023)
| ||||||
17 | Sec. 10. Commission created. | ||||||
18 | (a) The Blue-Ribbon Commission on Transportation | ||||||
19 | Infrastructure Funding and Policy is created within the | ||||||
20 | Department of Transportation consisting of members appointed | ||||||
21 | as follows: | ||||||
22 | (1) Four members of the House of Representatives, with | ||||||
23 | 2 to be appointed by the Speaker of the House of | ||||||
24 | Representatives and 2 to be appointed by the Minority |
| |||||||
| |||||||
1 | Leader of the House of Representatives. | ||||||
2 | (2) Four members of the Senate, with 2 to be appointed | ||||||
3 | by the President of the Senate and 2 to be appointed by the | ||||||
4 | Minority Leader of the Senate. | ||||||
5 | (3) Eight members appointed by the Governor with the | ||||||
6 | advice and consent of the Senate. | ||||||
7 | (4) The chair of the Commission to be appointed by the | ||||||
8 | Governor from among his 8 appointments. | ||||||
9 | (b) Members shall have expertise, knowledge, or experience | ||||||
10 | in transportation infrastructure development, construction, | ||||||
11 | workforce, or policy. Members shall also represent a diverse | ||||||
12 | set of sectors, including the labor, engineering, | ||||||
13 | construction, transit, active transportation, rail, air, or | ||||||
14 | other sectors, and shall include participants of the | ||||||
15 | Disadvantaged Business Enterprise Program. No more than 2 | ||||||
16 | appointees shall be members of the same sector. | ||||||
17 | (c) Members shall represent geographically diverse regions | ||||||
18 | of the State. | ||||||
19 | (d) Members shall be appointed by January 31, 2023 May 31, | ||||||
20 | 2022 .
| ||||||
21 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
22 | (20 ILCS 4116/15) | ||||||
23 | (Section scheduled to be repealed on February 1, 2023)
| ||||||
24 | Sec. 15. Meetings. The Commission shall hold its first | ||||||
25 | meeting by February 15, 2023 within 2 months from the |
| |||||||
| |||||||
1 | effective date of this Act . The Commission may conduct | ||||||
2 | meetings at such places and at such times as it may deem | ||||||
3 | necessary or convenient to enable it to exercise fully and | ||||||
4 | effectively its powers, perform its duties, and accomplish its | ||||||
5 | objectives and purposes.
| ||||||
6 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
7 | (20 ILCS 4116/25) | ||||||
8 | (Section scheduled to be repealed on February 1, 2023)
| ||||||
9 | Sec. 25. Report. The Commission shall direct the Illinois | ||||||
10 | Department of Transportation to enter into a contract with a | ||||||
11 | third party to assist the Commission in producing a document | ||||||
12 | that evaluates the topics under this Act and outline formal | ||||||
13 | recommendations that can be acted upon by the General | ||||||
14 | Assembly. The Commission shall report a summary of its | ||||||
15 | activities and produce a final report of the data, findings, | ||||||
16 | and recommendations to the General Assembly by September 15, | ||||||
17 | 2023 January 31, 2023 . The final report shall include | ||||||
18 | specific, actionable recommendations for legislation and | ||||||
19 | organizational adjustments. The final report may include | ||||||
20 | recommendations for pilot programs to test alternatives. The | ||||||
21 | final report and recommendations shall also include any | ||||||
22 | minority and individual views of task force members.
| ||||||
23 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
24 | (20 ILCS 4116/30) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on February 1, 2023)
| ||||||
2 | Sec. 30. Repeal. This Commission is dissolved, and this | ||||||
3 | Act is repealed , on September 30, 2023 February 1, 2023 .
| ||||||
4 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
5 | Section 65. The Renewable Energy Component Recycling Task | ||||||
6 | Force Act is amended by changing Section 10 as follows:
| ||||||
7 | (20 ILCS 4118/10) | ||||||
8 | (Section scheduled to be repealed on December 31, 2025)
| ||||||
9 | Sec. 10. The Renewable Energy Component Recycling Task | ||||||
10 | Force.
| ||||||
11 | (a) The Renewable Energy Component Recycling Task Force, | ||||||
12 | hereinafter referred to as the REC Recycling Task Force, is | ||||||
13 | hereby established.
| ||||||
14 | (b) The REC Recycling Task Force shall consist of the | ||||||
15 | following members:
| ||||||
16 | (1) The Director of the Environmental Protection | ||||||
17 | Agency or his or her designee;
| ||||||
18 | (2) The Chair of the Illinois Commerce Commission or | ||||||
19 | his or her designee;
| ||||||
20 | (3) The Director of the Illinois Power Agency or his | ||||||
21 | or her designee;
| ||||||
22 | (4) Four members appointed by the Governor, including | ||||||
23 | one representing a solid waste disposal organization, one | ||||||
24 | representing a renewable energy organization, and one |
| |||||||
| |||||||
1 | representing an environmental advocacy organization;
| ||||||
2 | (5) Two members appointed by the President of the | ||||||
3 | Senate , one representing a solid waste disposal | ||||||
4 | organization and one representing a renewable energy | ||||||
5 | organization ;
| ||||||
6 | (6) Two members appointed by the Minority Leader of | ||||||
7 | the Senate , one representing a solid waste disposal | ||||||
8 | organization and one representing a renewable energy | ||||||
9 | organization ;
| ||||||
10 | (7) Two members appointed by the Speaker of the House | ||||||
11 | of Representatives , one representing a solid waste | ||||||
12 | disposal organization and one representing a renewable | ||||||
13 | energy organization ; and
| ||||||
14 | (8) Two members appointed by the Minority Leader of | ||||||
15 | the House of Representatives , one representing a solid | ||||||
16 | waste disposal organization and one representing a | ||||||
17 | renewable energy organization .
| ||||||
18 | (c) The REC Recycling Task Force shall meet at the call of | ||||||
19 | the Chair at least quarterly to fulfill its duties under this | ||||||
20 | Act. At the first meeting of the REC Recycling Task Force, the | ||||||
21 | Task Force shall elect from among its members a Chair and such | ||||||
22 | other officers as it may choose.
| ||||||
23 | (d) The Environmental Protection Agency shall coordinate | ||||||
24 | meetings for and provide other logistical assistance to the | ||||||
25 | REC Recycling Task Force. The Agency may, upon request by the | ||||||
26 | Task Force, arrange to have outside experts provide research |
| |||||||
| |||||||
1 | assistance, technical support, and assistance in the | ||||||
2 | preparation of reports for the REC Recycling Task Force. | ||||||
3 | Notwithstanding any law to the contrary, the Environmental | ||||||
4 | Protection Agency may use moneys from the Solid Waste | ||||||
5 | Management Fund to fulfill its obligations under this Section, | ||||||
6 | including any obligation it may have to arrange to have | ||||||
7 | outside experts provide support and assistance to the Task | ||||||
8 | Force pursuant to this subsection. | ||||||
9 | (e) Members of the REC Recycling Task Force shall serve | ||||||
10 | without compensation , but the Task Force may, within the | ||||||
11 | limits of any funds appropriated or otherwise made available | ||||||
12 | to it, reimburse its members for actual and necessary expenses | ||||||
13 | incurred in the discharge of their Task Force duties.
| ||||||
14 | (Source: P.A. 102-1025, eff. 5-27-22.)
| ||||||
15 | Section 70. The Illinois Indian American Advisory Council | ||||||
16 | Act is amended by changing Section 1, 5, 10, 15, 20, and 25 as | ||||||
17 | follows:
| ||||||
18 | (20 ILCS 4120/1)
| ||||||
19 | Sec. 1. Short title. This Act may be cited as the Illinois | ||||||
20 | South Asian Indian American Advisory Council Act.
| ||||||
21 | (Source: P.A. 102-1058, eff. 1-1-23 .)
| ||||||
22 | (20 ILCS 4120/5)
| ||||||
23 | Sec. 5. Definitions.
As used in this Act:
|
| |||||||
| |||||||
1 | "South Asian" "Indian" means a person descended from any | ||||||
2 | of the countries of the South Asian subcontinent that are not | ||||||
3 | primarily Muslim in character, including India, Bhutan, Nepal, | ||||||
4 | and Sri Lanka .
| ||||||
5 | "Council" means the Illinois South Asian Indian American | ||||||
6 | Advisory Council created by this Act.
| ||||||
7 | (Source: P.A. 102-1058, eff. 1-1-23 .)
| ||||||
8 | (20 ILCS 4120/10)
| ||||||
9 | Sec. 10. Illinois South Asian Indian American Advisory | ||||||
10 | Council. There is hereby created the Illinois South Asian | ||||||
11 | Indian American Advisory Council. The purpose of the Council | ||||||
12 | is to advise the Governor and the General Assembly on policy | ||||||
13 | issues impacting South Asian Indian Americans and immigrants; | ||||||
14 | to advance the role and civic participation of South Asian | ||||||
15 | Indian Americans in this State; to enhance trade and | ||||||
16 | cooperation between South Asian Indian-majority countries and | ||||||
17 | this State; and, in cooperation with State agencies, boards, | ||||||
18 | and commissions, to build relationships with and disseminate | ||||||
19 | information to South Asian Indian American and immigrant | ||||||
20 | communities across this State.
| ||||||
21 | (Source: P.A. 102-1058, eff. 1-1-23 .)
| ||||||
22 | (20 ILCS 4120/15)
| ||||||
23 | Sec. 15. Council members.
| ||||||
24 | (a) The Council shall consist of 21 voting members. The |
| |||||||
| |||||||
1 | Governor shall appoint one voting member, who shall act as the | ||||||
2 | chairperson of the Council and serve as the representative of | ||||||
3 | the Office of the Governor. The Governor, the President of the | ||||||
4 | Senate, the Speaker of the House of Representatives, the | ||||||
5 | Minority Leader of the Senate, and the Minority Leader of the | ||||||
6 | House of Representatives shall each appoint 4 members of the | ||||||
7 | public to the Council, who shall also serve as voting members. | ||||||
8 | (b) Appointing authorities shall ensure, to the maximum | ||||||
9 | extent practicable, that the Council is diverse with respect | ||||||
10 | to race, ethnicity, age, gender, faith, sexual orientation, | ||||||
11 | language, country of origin, and geography.
| ||||||
12 | (c) Appointments to the Council shall be persons of | ||||||
13 | recognized ability and experience in one or more of the | ||||||
14 | following areas: higher education, business, international | ||||||
15 | trade, law, social services, human services, immigration, | ||||||
16 | refugee services, community development, or health care.
| ||||||
17 | (d) Appointed members of the Council shall serve 2-year | ||||||
18 | terms. A member shall serve until his or her successor shall be | ||||||
19 | appointed. Members of the Council shall not be entitled to | ||||||
20 | compensation for their services as members.
| ||||||
21 | (e) The following officials shall serve as ex officio, | ||||||
22 | nonvoting members of the Council: the Deputy Director of the | ||||||
23 | Office of Trade and Investment within the Department of | ||||||
24 | Commerce and Economic Opportunity, or his or her designee, and | ||||||
25 | the Chief of the Bureau of Refugee and Immigrant Services | ||||||
26 | within the Department of Human Services, or his or her |
| |||||||
| |||||||
1 | designee.
| ||||||
2 | The following State agencies shall also each appoint a | ||||||
3 | liaison to serve as an ex officio, nonvoting member members of | ||||||
4 | the Council: the Department of Commerce and Economic | ||||||
5 | Opportunity, the Department of Financial and Professional | ||||||
6 | Regulation, the Department of Human Services, the Department | ||||||
7 | on Aging, the Department of Children and Family Services, the | ||||||
8 | Department of Healthcare and Family Services, the Department | ||||||
9 | of Public Health, the Department of Central Management | ||||||
10 | Services, the Illinois State Board of Education, the Illinois | ||||||
11 | Board of Higher Education, and the Illinois Community College | ||||||
12 | Board.
| ||||||
13 | (f) The Council may establish committees that address | ||||||
14 | certain issues, including, but not limited to, communications, | ||||||
15 | economic development, and legislative affairs.
| ||||||
16 | (g) (Blank). The Office of the Governor shall provide | ||||||
17 | administrative and technical support to the Council, including | ||||||
18 | a staff member to serve as ethics officer.
| ||||||
19 | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
| ||||||
20 | (20 ILCS 4120/20)
| ||||||
21 | Sec. 20. Meetings. The Council shall meet at least once | ||||||
22 | per each calendar quarter. In addition, the Council may hold | ||||||
23 | up to 2 public hearings annually to assist in the development | ||||||
24 | of policy recommendations to the Governor and the General | ||||||
25 | Assembly. All meetings of the Council shall be conducted in |
| |||||||
| |||||||
1 | accordance with the Open Meetings Act. Eleven members of the | ||||||
2 | Council shall constitute a quorum.
| ||||||
3 | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
| ||||||
4 | (20 ILCS 4120/25)
| ||||||
5 | Sec. 25. Reports.
| ||||||
6 | (a) The Council shall issue semi-annual reports on its | ||||||
7 | policy recommendations to the Governor and the General | ||||||
8 | Assembly by June 30th and December 31st of each year.
| ||||||
9 | (b) The reports on policy recommendations shall focus on, | ||||||
10 | but are not limited to, the following: (i) policy issues | ||||||
11 | impacting South Asian Indian Americans and immigrants; (ii) | ||||||
12 | advancement of the role and civic participation of South Asian | ||||||
13 | Indian Americans in this State; (iii) enhancement of trade and | ||||||
14 | cooperation between South Asian Indian-majority countries and | ||||||
15 | this State; and (iv) building relationships with and | ||||||
16 | disseminating information to, in cooperation with State | ||||||
17 | agencies, boards, and commissions, South Asian Indian American | ||||||
18 | and immigrant communities across this State.
| ||||||
19 | (Source: P.A. 102-1058, eff. 1-1-23 .)
| ||||||
20 | Section 75. The Hydrogen Economy Act is amended by | ||||||
21 | changing Section 95 as follows:
| ||||||
22 | (20 ILCS 4122/95) | ||||||
23 | (Section scheduled to be repealed on June 1, 2023)
|
| |||||||
| |||||||
1 | Sec. 95. Repealer. This Act is repealed on June 1, 2026 | ||||||
2 | 2023 .
| ||||||
3 | (Source: P.A. 102-1086, eff. 6-10-22.)
| ||||||
4 | Section 80. The Human Trafficking Task Force Act is | ||||||
5 | amended by changing Section 5 as follows:
| ||||||
6 | (20 ILCS 5086/5) | ||||||
7 | (Section scheduled to be repealed on July 1, 2024)
| ||||||
8 | Sec. 5. Human Trafficking Task Force created. | ||||||
9 | (a) There is created the Human Trafficking Task Force to | ||||||
10 | address the growing problem of human trafficking across this | ||||||
11 | State. The Human Trafficking Task Force shall consist of the | ||||||
12 | following persons: | ||||||
13 | (1) five three members of the House of | ||||||
14 | Representatives, appointed by the Speaker of the House of | ||||||
15 | Representatives;
| ||||||
16 | (2) five three members of the House of | ||||||
17 | Representatives, appointed by the Minority Leader of the | ||||||
18 | House of Representatives;
| ||||||
19 | (3) five three members of the Senate, appointed by the | ||||||
20 | President of the Senate; | ||||||
21 | (4) five three members of the Senate, appointed by the | ||||||
22 | Minority Leader of the Senate; | ||||||
23 | (5) one representative of the Cook County Human | ||||||
24 | Trafficking Task Force, appointed by the Governor; and |
| |||||||
| |||||||
1 | (6) one representative of the Central Illinois Human | ||||||
2 | Trafficking Task Force, appointed by the Governor. | ||||||
3 | (b) The Task Force shall include the following ex officio | ||||||
4 | members: | ||||||
5 | (1) the Director of the Illinois State Police, or his | ||||||
6 | or her designee; | ||||||
7 | (2) the Director of the Department of Children and | ||||||
8 | Family Services, or his or her designee; | ||||||
9 | (3) the Secretary of the Department of Human Services, | ||||||
10 | or his or her designee; and | ||||||
11 | (4) the Director of the Department of Healthcare and | ||||||
12 | Family Services, or his or her designee. | ||||||
13 | (c) Members of the Human Trafficking Task Force shall | ||||||
14 | serve without compensation.
| ||||||
15 | (Source: P.A. 102-323, eff. 8-6-21.)
| ||||||
16 | Section 85. The Illinois Muslim American Advisory Council | ||||||
17 | Act is amended by changing Section 20 as follows:
| ||||||
18 | (20 ILCS 5110/20)
| ||||||
19 | Sec. 20. Council members. | ||||||
20 | (a) The Council shall consist of 21 members. The Governor | ||||||
21 | shall appoint one member to be the representative of the | ||||||
22 | Office of the Governor. The Governor, the President of the | ||||||
23 | Senate, the Speaker of the House of Representatives, the | ||||||
24 | Minority Leader of the Senate, and the Minority Leader of the |
| |||||||
| |||||||
1 | House of Representatives shall also each appoint 4 public | ||||||
2 | members to the Council. The Governor shall select the | ||||||
3 | chairperson of the Council from among the members. | ||||||
4 | (b) Appointing authorities shall ensure, to the maximum | ||||||
5 | extent practicable, that the Council is diverse with respect | ||||||
6 | to race, ethnicity, age, gender, and geography. | ||||||
7 | (c) Appointments to the Council shall be persons of | ||||||
8 | recognized ability and experience in one or more of the | ||||||
9 | following areas: higher education, business, international | ||||||
10 | trade, law, social services, human services, immigration, | ||||||
11 | refugee services, community development, or healthcare. | ||||||
12 | (d) Members of the Council shall serve 2-year terms. A | ||||||
13 | member shall serve until his or her successor shall be | ||||||
14 | appointed. Members of the Council shall not be entitled to | ||||||
15 | compensation for their services as members. | ||||||
16 | (e) The following officials shall serve as ex officio | ||||||
17 | ex-officio members: the Deputy Director of the Office of Trade | ||||||
18 | and Investment within the Department of Commerce and Economic | ||||||
19 | Opportunity, or his or her designee, and the Chief of the | ||||||
20 | Bureau of Refugee and Immigrant Services within the Department | ||||||
21 | of Human Services, or his or her designee. In addition, the | ||||||
22 | Department on Aging, the Department of Children and Family | ||||||
23 | Services, the Department of Healthcare and Family Services, | ||||||
24 | the Department of Public Health, the Department of Central | ||||||
25 | Management Services, the Board of Education, the Board of | ||||||
26 | Higher Education, and the Community College Board shall each |
| |||||||
| |||||||
1 | appoint a liaison to serve as an ex officio ex-officio member | ||||||
2 | of the Council. | ||||||
3 | (f) The Council may establish committees that address | ||||||
4 | certain issues, including, but not limited to, communications, | ||||||
5 | economic development, and legislative affairs. | ||||||
6 | (g) (Blank). The Office of the Governor shall provide | ||||||
7 | administrative and technical support to the Council, including | ||||||
8 | a staff member to serve as ethics officer.
| ||||||
9 | (Source: P.A. 100-459, eff. 8-25-17.)
| ||||||
10 | Section 90. The Metropolitan Pier and Exposition Authority | ||||||
11 | Act is amended by changing Section 14 as follows:
| ||||||
12 | (70 ILCS 210/14) (from Ch. 85, par. 1234) | ||||||
13 | Sec. 14. Board; compensation. The governing and | ||||||
14 | administrative body of the Authority shall be a
board known as | ||||||
15 | the Metropolitan Pier and Exposition Board. On the effective | ||||||
16 | date of this amendatory Act of the 96th General Assembly, the | ||||||
17 | Trustee shall assume the duties and powers of the Board for a | ||||||
18 | period of 18 months or until the Board is fully constituted, | ||||||
19 | whichever is later. Any action requiring Board approval shall | ||||||
20 | be deemed approved by the Board if the Trustee approves the | ||||||
21 | action in accordance with Section 14.5. Beginning the first | ||||||
22 | Monday of the month occurring 18 months after the effective | ||||||
23 | date of this amendatory Act of the 96th General Assembly and | ||||||
24 | until the effective date of this amendatory Act of the 102nd |
| |||||||
| |||||||
1 | General Assembly , the Board shall consist of 9 members. On and | ||||||
2 | after the effective date of this amendatory Act of the 102nd | ||||||
3 | General Assembly, the Board shall consist of 11 members. The | ||||||
4 | Governor shall appoint 5 4 members to the Board, subject to the | ||||||
5 | advice and consent of the Senate. The Mayor shall appoint 5 4 | ||||||
6 | members to the Board. At least one member of the Board shall | ||||||
7 | represent the interests of labor , and at least one member of | ||||||
8 | the Board shall represent the interests of the convention | ||||||
9 | industry. A majority of the members appointed by the Governor | ||||||
10 | and Mayor shall appoint a ninth member to serve as the | ||||||
11 | chairperson until the chairperson's term expires on or after | ||||||
12 | the effective date of this amendatory Act of the 102nd General | ||||||
13 | Assembly, at which time, a majority of the members appointed | ||||||
14 | by the Governor and Mayor shall appoint an eleventh member to | ||||||
15 | serve as the chairperson . The Board shall be fully constituted | ||||||
16 | when a quorum has been appointed. The members of
the board | ||||||
17 | shall be individuals of generally recognized ability and
| ||||||
18 | integrity. No member of the Board may be (i) an
officer or | ||||||
19 | employee of, or a member of a board, commission or authority | ||||||
20 | of,
the State, any unit of local government or any school | ||||||
21 | district or (ii) a person who served on the Board prior to the | ||||||
22 | effective date of this amendatory Act of the 96th General | ||||||
23 | Assembly. | ||||||
24 | Of the initial members appointed by the Governor, one | ||||||
25 | shall serve for a term expiring June 1, 2013, one shall serve | ||||||
26 | for a term expiring June 1, 2014, one shall serve for a term |
| |||||||
| |||||||
1 | expiring June 1, 2015, and one shall serve for a term expiring | ||||||
2 | June 1, 2016, as determined by the Governor. Of the initial | ||||||
3 | members appointed by the Mayor, one shall serve for a term | ||||||
4 | expiring June 1, 2013, one shall serve for a term expiring June | ||||||
5 | 1, 2014, one shall serve for a term expiring June 1, 2015, and | ||||||
6 | one shall serve for a term expiring June 1, 2016, as determined | ||||||
7 | by the Mayor. The initial chairperson appointed by the Board | ||||||
8 | shall serve a term for a term expiring June 1, 2015. Additional | ||||||
9 | members of the Board appointed pursuant to this amendatory Act | ||||||
10 | of the 102nd General Assembly shall serve for a term expiring | ||||||
11 | on June 1, 2026. Successors shall be appointed to 4-year | ||||||
12 | terms. | ||||||
13 | Members of the Board shall serve without compensation, but | ||||||
14 | shall be reimbursed for actual
expenses incurred by them in | ||||||
15 | the performance of their duties. All members of
the Board and | ||||||
16 | employees of the Authority are subject to the Illinois
| ||||||
17 | Governmental Ethics Act, in accordance with its terms. | ||||||
18 | (Source: P.A. 102-699, eff. 4-19-22.)
| ||||||
19 | Section 95. The Alexander-Cairo Port District Act is | ||||||
20 | amended by changing Sections 95, 100, and 115 as follows:
| ||||||
21 | (70 ILCS 1801/95)
| ||||||
22 | Sec. 95. Board members. The governing and administrative | ||||||
23 | body of the Port District shall be a Board consisting of 9 7 | ||||||
24 | members, to be known as the Alexander-Cairo Port District |
| |||||||
| |||||||
1 | Board. All members of the Board shall be residents of the | ||||||
2 | District , except the member with wetlands mitigation | ||||||
3 | experience and the member with economic development experience | ||||||
4 | do not need to be residents of the District . The members of the | ||||||
5 | Board shall serve without compensation but shall be reimbursed | ||||||
6 | for actual expenses incurred by them in the performance of | ||||||
7 | their duties. However, any member of the Board who is | ||||||
8 | appointed to the office of secretary or treasurer may receive | ||||||
9 | compensation for his or her services as such officer. No | ||||||
10 | member of the Board or employee of the District shall have any | ||||||
11 | private financial interest, profit, or benefit in any | ||||||
12 | contract, work, or business of the District nor in the sale or | ||||||
13 | lease of any property to or from the District.
| ||||||
14 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
15 | (70 ILCS 1801/100)
| ||||||
16 | Sec. 100. Board appointments; terms. The Governor shall | ||||||
17 | appoint 6 4 members of the Board, including one member with | ||||||
18 | wetlands mitigation experience and one member with economic | ||||||
19 | development experience. The member with wetlands mitigation | ||||||
20 | experience and the member with economic development experience | ||||||
21 | do not need to be residents of the District. The the Mayor of | ||||||
22 | the City of Cairo shall appoint one member of the Board, and | ||||||
23 | the chairperson of the Alexander County Board, with the advice | ||||||
24 | and consent of the Alexander County Board, shall appoint 2 | ||||||
25 | members of the Board. All initial appointments shall be made |
| |||||||
| |||||||
1 | within 60 days after this Act takes effect. Of the 4 members | ||||||
2 | initially appointed by the Governor, 2 shall be appointed for | ||||||
3 | initial terms expiring June 1, 2012 and 2 shall be appointed | ||||||
4 | for initial terms expiring June 1, 2013. The term of the member | ||||||
5 | initially appointed by the Mayor shall expire June 1, 2013. Of | ||||||
6 | the 2 members appointed by the Alexander County Board | ||||||
7 | Chairperson, one shall be appointed for an initial term | ||||||
8 | expiring June 1, 2012, and one shall be appointed for an | ||||||
9 | initial term expiring June 1, 2013. Additional members of the | ||||||
10 | Board appointed pursuant to this amendatory Act of the 102nd | ||||||
11 | General Assembly shall serve for a term expiring on June 1, | ||||||
12 | 2025. At the expiration of the term of any member, his or her | ||||||
13 | successor shall be appointed by the Governor, Mayor, or | ||||||
14 | Alexander County Board Chairperson in like manner and with | ||||||
15 | like regard to the place of residence of the appointee, as in | ||||||
16 | the case of appointments for the initial terms. | ||||||
17 | After the expiration of initial terms, each successor | ||||||
18 | shall hold office for the term of 3 years beginning the first | ||||||
19 | day of June of the year in which the term of office commences. | ||||||
20 | In the case of a vacancy during the term of office of any | ||||||
21 | member appointed by the Governor, the Governor shall make an | ||||||
22 | appointment for the remainder of the term vacant and until a | ||||||
23 | successor is appointed and qualified. In the case of a vacancy | ||||||
24 | during the term of office of any member appointed by the Mayor, | ||||||
25 | the Mayor shall make an appointment for the remainder of the | ||||||
26 | term vacant and until a successor is appointed and qualified. |
| |||||||
| |||||||
1 | In the case of a vacancy during the term of office of any | ||||||
2 | member appointed by the Alexander County Board Chairperson, | ||||||
3 | the Alexander County Board Chairperson shall make an | ||||||
4 | appointment for the remainder of the term vacant and until a | ||||||
5 | successor is appointed and qualified. The Governor, Mayor, and | ||||||
6 | Alexander County Board Chairperson shall certify their | ||||||
7 | respective appointments to the Secretary of State. Within 30 | ||||||
8 | days after certification of his or her appointment, and before | ||||||
9 | entering upon the duties of his or her office, each member of | ||||||
10 | the Board shall take and subscribe the constitutional oath of | ||||||
11 | office and file it in the office of the Secretary of State.
| ||||||
12 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
13 | (70 ILCS 1801/115)
| ||||||
14 | Sec. 115. Meetings. Regular meetings of the Board shall be | ||||||
15 | held at least once in each calendar month, the time and place | ||||||
16 | of the meetings to be fixed by the Board. Five Four members of | ||||||
17 | the Board shall constitute a quorum for the transaction of | ||||||
18 | business. All action of the Board shall be by ordinance or | ||||||
19 | resolution and the affirmative vote of at least 5 4 members | ||||||
20 | shall be necessary for the adoption of any ordinance or | ||||||
21 | resolution. All such ordinances and resolutions before taking | ||||||
22 | effect shall be approved by the chairperson of the Board, and | ||||||
23 | if he or she approves, the chairperson shall sign the same, and | ||||||
24 | if the chairperson does not approve, the chairperson shall | ||||||
25 | return to the Board with his or her objections in writing at |
| |||||||
| |||||||
1 | the next regular meeting of the Board occurring after the | ||||||
2 | passage. But in the case the chairperson fails to return any | ||||||
3 | ordinance or resolution with his or her objections within the | ||||||
4 | prescribed time, the chairperson shall be deemed to have | ||||||
5 | approved the ordinance , and it shall take effect accordingly. | ||||||
6 | Upon the return of any ordinance or resolution by the | ||||||
7 | chairperson with his or her objections, the vote shall be | ||||||
8 | reconsidered by the Board, and if, upon reconsideration of the | ||||||
9 | ordinance or resolution, it is passed by the affirmative vote | ||||||
10 | of at least 5 members, it shall go into effect notwithstanding | ||||||
11 | the veto of the chairperson. All ordinances, resolutions, and | ||||||
12 | proceedings of the District and all documents and records in | ||||||
13 | its possession shall be public records, and open to public | ||||||
14 | inspection, except for documents and records that are kept or | ||||||
15 | prepared by the Board for use in negotiations, legal actions, | ||||||
16 | or proceedings to which the District is a party.
| ||||||
17 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
18 | Section 100. The Illinois Gambling Act is amended by | ||||||
19 | changing Section 5 as follows:
| ||||||
20 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
21 | Sec. 5. Gaming Board.
| ||||||
22 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
23 | Board, which shall have the powers and duties specified in
| ||||||
24 | this Act, and all other powers necessary and proper to fully |
| |||||||
| |||||||
1 | and
effectively execute this Act for the purpose of | ||||||
2 | administering, regulating,
and enforcing the system of | ||||||
3 | riverboat and casino gambling established by this Act and | ||||||
4 | gaming pursuant to an organization gaming license issued under | ||||||
5 | this Act. Its
jurisdiction shall extend under this Act to | ||||||
6 | every person, association,
corporation, partnership and trust | ||||||
7 | involved in riverboat and casino gambling
operations and | ||||||
8 | gaming pursuant to an organization gaming license issued under | ||||||
9 | this Act in the State of Illinois.
| ||||||
10 | (2) The Board shall consist of 5 members to be appointed by | ||||||
11 | the Governor
with the advice and consent of the Senate, one of | ||||||
12 | whom shall be designated
by the Governor to be chairperson. | ||||||
13 | Each member shall have a reasonable
knowledge of the practice, | ||||||
14 | procedure and principles of gambling operations.
Each member | ||||||
15 | shall either be a resident of Illinois or shall certify that he | ||||||
16 | or she
will become a resident of Illinois before taking | ||||||
17 | office. | ||||||
18 | On and after the effective date of this amendatory Act of | ||||||
19 | the 101st General Assembly, new appointees to the Board must | ||||||
20 | include the following: | ||||||
21 | (A) One member who has received, at a minimum, a | ||||||
22 | bachelor's degree from an accredited school and at least | ||||||
23 | 10 years of verifiable experience in the fields of | ||||||
24 | investigation and law enforcement. | ||||||
25 | (B) One member who is a certified public accountant | ||||||
26 | with experience in auditing and with knowledge of complex |
| |||||||
| |||||||
1 | corporate structures and transactions. | ||||||
2 | (C) One member who has 5 years' experience as a | ||||||
3 | principal, senior officer, or director of a company or | ||||||
4 | business with either material responsibility for the daily | ||||||
5 | operations and management of the overall company or | ||||||
6 | business or material responsibility for the policy making | ||||||
7 | of the company or business. | ||||||
8 | (D) One member who is an attorney licensed to practice | ||||||
9 | law in Illinois for at least 5 years. | ||||||
10 | Notwithstanding any provision of this subsection (a), the | ||||||
11 | requirements of subparagraphs (A) through (D) of this | ||||||
12 | paragraph (2) shall not apply to any person reappointed | ||||||
13 | pursuant to paragraph (3). | ||||||
14 | No more than 3 members of the Board may be from the same | ||||||
15 | political party. No Board member shall, within a period of one | ||||||
16 | year immediately preceding nomination, have been employed or | ||||||
17 | received compensation or fees for services from a person or | ||||||
18 | entity, or its parent or affiliate, that has engaged in | ||||||
19 | business with the Board, a licensee, or a licensee under the | ||||||
20 | Illinois Horse Racing Act of 1975. Board members must publicly | ||||||
21 | disclose all prior affiliations with gaming interests, | ||||||
22 | including any compensation, fees, bonuses, salaries, and other | ||||||
23 | reimbursement received from a person or entity, or its parent | ||||||
24 | or affiliate, that has engaged in business with the Board, a | ||||||
25 | licensee, or a licensee under the Illinois Horse Racing Act of | ||||||
26 | 1975. This disclosure must be made within 30 days after |
| |||||||
| |||||||
1 | nomination but prior to confirmation by the Senate and must be | ||||||
2 | made available to the members of the Senate.
| ||||||
3 | (3) The terms of office of the Board members shall be 3 | ||||||
4 | years, except
that the terms of office of the initial Board | ||||||
5 | members appointed pursuant to
this Act will commence from the | ||||||
6 | effective date of this Act and run as
follows: one for a term | ||||||
7 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 | ||||||
8 | for a term ending July 1, 1993. Upon the expiration of the
| ||||||
9 | foregoing terms, the successors of such members shall serve a | ||||||
10 | term for 3
years and until their successors are appointed and | ||||||
11 | qualified for like terms.
Vacancies in the Board shall be | ||||||
12 | filled for the unexpired term in like
manner as original | ||||||
13 | appointments. Each member of the Board shall be
eligible for | ||||||
14 | reappointment at the discretion of the Governor with the
| ||||||
15 | advice and consent of the Senate.
| ||||||
16 | (4) Each member of the Board shall receive $300 for each | ||||||
17 | day the
Board meets and for each day the member conducts any | ||||||
18 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
19 | also be reimbursed for all actual
and necessary expenses and | ||||||
20 | disbursements incurred in the execution of official
duties.
| ||||||
21 | (5) No person shall be appointed a member of the Board or | ||||||
22 | continue to be
a member of the Board who is, or whose spouse, | ||||||
23 | child or parent is, a member
of the board of directors of, or a | ||||||
24 | person financially interested in, any
gambling operation | ||||||
25 | subject to the jurisdiction of this Board, or any race
track, | ||||||
26 | race meeting, racing association or the operations thereof |
| |||||||
| |||||||
1 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
2 | Board member shall
hold any other public office. No person | ||||||
3 | shall be a
member of the Board who is not of good moral | ||||||
4 | character or who has been
convicted of, or is under indictment | ||||||
5 | for, a felony under the laws of
Illinois or any other state, or | ||||||
6 | the United States.
| ||||||
7 | (5.5) No member of the Board shall engage in any political | ||||||
8 | activity. For the purposes of this Section, "political" means | ||||||
9 | any activity in support
of or in connection with any campaign | ||||||
10 | for federal, State, or local elective office or any political
| ||||||
11 | organization, but does not include activities (i) relating to | ||||||
12 | the support or
opposition of any executive, legislative, or | ||||||
13 | administrative action (as those
terms are defined in Section 2 | ||||||
14 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
15 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
16 | person's official
State duties or governmental and public | ||||||
17 | service functions.
| ||||||
18 | (6) Any member of the Board may be removed by the Governor | ||||||
19 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
20 | in office or for engaging in any political activity.
| ||||||
21 | (7) Before entering upon the discharge of the duties of | ||||||
22 | his office, each
member of the Board shall take an oath that he | ||||||
23 | will faithfully execute the
duties of his office according to | ||||||
24 | the laws of the State and the rules and
regulations adopted | ||||||
25 | therewith and shall give bond to the State of Illinois,
| ||||||
26 | approved by the Governor, in the sum of $25,000. Every such |
| |||||||
| |||||||
1 | bond, when
duly executed and approved, shall be recorded in | ||||||
2 | the office of the
Secretary of State. Whenever the Governor | ||||||
3 | determines that the bond of any
member of the Board has become | ||||||
4 | or is likely to become invalid or
insufficient, he shall | ||||||
5 | require such member forthwith to renew his bond,
which is to be | ||||||
6 | approved by the Governor. Any member of the Board who fails
to | ||||||
7 | take oath and give bond within 30 days from the date of his | ||||||
8 | appointment,
or who fails to renew his bond within 30 days | ||||||
9 | after it is demanded by the
Governor, shall be guilty of | ||||||
10 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
11 | any bond given by any member of the Board under this
Section | ||||||
12 | shall be taken to be a part of the necessary expenses of the | ||||||
13 | Board.
| ||||||
14 | (7.5) For the examination of all mechanical, | ||||||
15 | electromechanical, or electronic table games, slot machines, | ||||||
16 | slot accounting systems, sports wagering systems, and other | ||||||
17 | electronic gaming equipment, and the field inspection of such | ||||||
18 | systems, games, and machines, for compliance with this Act, | ||||||
19 | the Board shall utilize the services of independent outside | ||||||
20 | testing laboratories that have been accredited in accordance | ||||||
21 | with ISO/IEC 17025 by an accreditation body that is a | ||||||
22 | signatory to the International Laboratory Accreditation | ||||||
23 | Cooperation Mutual Recognition Agreement signifying they are | ||||||
24 | qualified to perform such examinations. Notwithstanding any | ||||||
25 | law to the contrary, the Board shall consider the licensing of | ||||||
26 | independent outside testing laboratory applicants in |
| |||||||
| |||||||
1 | accordance with procedures established by the Board by rule. | ||||||
2 | The Board shall not withhold its approval of an independent | ||||||
3 | outside testing laboratory license applicant that has been | ||||||
4 | accredited as required under this paragraph (7.5) and is | ||||||
5 | licensed in gaming jurisdictions comparable to Illinois. Upon | ||||||
6 | the finalization of required rules, the Board shall license | ||||||
7 | independent testing laboratories and accept the test reports | ||||||
8 | of any licensed testing laboratory of the system's, game's, or | ||||||
9 | machine manufacturer's choice, notwithstanding the existence | ||||||
10 | of contracts between the Board and any independent testing | ||||||
11 | laboratory. | ||||||
12 | (8) The Board shall employ such
personnel as may be | ||||||
13 | necessary to carry out its functions and shall determine the | ||||||
14 | salaries of all personnel, except those personnel whose | ||||||
15 | salaries are determined under the terms of a collective | ||||||
16 | bargaining agreement. No
person shall be employed to serve the | ||||||
17 | Board who is, or whose spouse, parent
or child is, an official | ||||||
18 | of, or has a financial interest in or financial
relation with, | ||||||
19 | any operator engaged in gambling operations within this
State | ||||||
20 | or any organization engaged in conducting horse racing within | ||||||
21 | this
State. For the one year immediately preceding employment, | ||||||
22 | an employee shall not have been employed or received | ||||||
23 | compensation or fees for services from a person or entity, or | ||||||
24 | its parent or affiliate, that has engaged in business with the | ||||||
25 | Board, a licensee, or a licensee under the Illinois Horse | ||||||
26 | Racing Act of 1975. Any employee violating these prohibitions |
| |||||||
| |||||||
1 | shall be subject to
termination of employment.
| ||||||
2 | (9) An Administrator shall perform any and all duties that | ||||||
3 | the Board
shall assign him. The salary of the Administrator | ||||||
4 | shall be determined by
the Board and, in addition,
he shall be | ||||||
5 | reimbursed for all actual and necessary expenses incurred by
| ||||||
6 | him in discharge of his official duties. The Administrator | ||||||
7 | shall keep
records of all proceedings of the Board and shall | ||||||
8 | preserve all records,
books, documents and other papers | ||||||
9 | belonging to the Board or entrusted to
its care. The | ||||||
10 | Administrator shall devote his full time to the duties of
the | ||||||
11 | office and shall not hold any other office or employment.
| ||||||
12 | (b) The Board shall have general responsibility for the | ||||||
13 | implementation
of this Act. Its duties include, without | ||||||
14 | limitation, the following:
| ||||||
15 | (1) To decide promptly and in reasonable order all | ||||||
16 | license applications.
Any party aggrieved by an action of | ||||||
17 | the Board denying, suspending,
revoking, restricting or | ||||||
18 | refusing to renew a license may request a hearing
before | ||||||
19 | the Board. A request for a hearing must be made to the | ||||||
20 | Board in
writing within 5 days after service of notice of | ||||||
21 | the action of the Board.
Notice of the action of the Board | ||||||
22 | shall be served either by personal
delivery or by | ||||||
23 | certified mail, postage prepaid, to the aggrieved party.
| ||||||
24 | Notice served by certified mail shall be deemed complete | ||||||
25 | on the business
day following the date of such mailing. | ||||||
26 | The Board shall conduct any such hearings promptly and in |
| |||||||
| |||||||
1 | reasonable order;
| ||||||
2 | (2) To conduct all hearings pertaining to civil | ||||||
3 | violations of this Act
or rules and regulations | ||||||
4 | promulgated hereunder;
| ||||||
5 | (3) To promulgate such rules and regulations as in its | ||||||
6 | judgment may be
necessary to protect or enhance the | ||||||
7 | credibility and integrity of gambling
operations | ||||||
8 | authorized by this Act and the regulatory process | ||||||
9 | hereunder;
| ||||||
10 | (4) To provide for the establishment and collection of | ||||||
11 | all license and
registration fees and taxes imposed by | ||||||
12 | this Act and the rules and
regulations issued pursuant | ||||||
13 | hereto. All such fees and taxes shall be
deposited into | ||||||
14 | the State Gaming Fund;
| ||||||
15 | (5) To provide for the levy and collection of | ||||||
16 | penalties and fines for the
violation of provisions of | ||||||
17 | this Act and the rules and regulations
promulgated | ||||||
18 | hereunder. All such fines and penalties shall be deposited
| ||||||
19 | into the Education Assistance Fund, created by Public Act | ||||||
20 | 86-0018, of the
State of Illinois;
| ||||||
21 | (6) To be present through its inspectors and agents | ||||||
22 | any time gambling
operations are conducted on any | ||||||
23 | riverboat, in any casino, or at any organization gaming
| ||||||
24 | facility for the purpose of certifying the
revenue | ||||||
25 | thereof, receiving complaints from the public, and | ||||||
26 | conducting such
other investigations into the conduct of |
| |||||||
| |||||||
1 | the gambling games and the
maintenance of the equipment as | ||||||
2 | from time to time the Board may deem
necessary and proper;
| ||||||
3 | (7) To review and rule upon any complaint by a | ||||||
4 | licensee
regarding any investigative procedures of the | ||||||
5 | State which are unnecessarily
disruptive of gambling | ||||||
6 | operations. The need to inspect and investigate
shall be | ||||||
7 | presumed at all times. The disruption of a licensee's | ||||||
8 | operations
shall be proved by clear and convincing | ||||||
9 | evidence, and establish that: (A)
the procedures had no | ||||||
10 | reasonable law enforcement purposes, and (B) the
| ||||||
11 | procedures were so disruptive as to unreasonably inhibit | ||||||
12 | gambling operations;
| ||||||
13 | (8) To hold at least one meeting each quarter of the | ||||||
14 | fiscal
year. In addition, special meetings may be called | ||||||
15 | by the Chairman or any 2
Board members upon 72 hours | ||||||
16 | written notice to each member. All Board
meetings shall be | ||||||
17 | subject to the Open Meetings Act. Three members of the
| ||||||
18 | Board shall constitute a quorum, and 3 votes shall be | ||||||
19 | required for any
final determination by the Board. The | ||||||
20 | Board shall keep a complete and
accurate record of all its | ||||||
21 | meetings. A majority of the members of the Board
shall | ||||||
22 | constitute a quorum for the transaction of any business, | ||||||
23 | for the
performance of any duty, or for the exercise of any | ||||||
24 | power which this Act
requires the Board members to | ||||||
25 | transact, perform or exercise en banc, except
that, upon | ||||||
26 | order of the Board, one of the Board members or an
|
| |||||||
| |||||||
1 | administrative law judge designated by the Board may | ||||||
2 | conduct any hearing
provided for under this Act or by | ||||||
3 | Board rule and may recommend findings and
decisions to the | ||||||
4 | Board. The Board member or administrative law judge
| ||||||
5 | conducting such hearing shall have all powers and rights | ||||||
6 | granted to the
Board in this Act. The record made at the | ||||||
7 | time of the hearing shall be
reviewed by the Board, or a | ||||||
8 | majority thereof, and the findings and decision
of the | ||||||
9 | majority of the Board shall constitute the order of the | ||||||
10 | Board in
such case;
| ||||||
11 | (9) To maintain records which are separate and | ||||||
12 | distinct from the records
of any other State board or | ||||||
13 | commission. Such records shall be available
for public | ||||||
14 | inspection and shall accurately reflect all Board | ||||||
15 | proceedings;
| ||||||
16 | (10) To file a written annual report with the Governor | ||||||
17 | on or before
July 1 each year and such additional reports | ||||||
18 | as the Governor may request.
The annual report shall | ||||||
19 | include a statement of receipts and disbursements
by the | ||||||
20 | Board, actions taken by the Board, and any additional | ||||||
21 | information
and recommendations which the Board may deem | ||||||
22 | valuable or which the Governor
may request;
| ||||||
23 | (11) (Blank);
| ||||||
24 | (12) (Blank);
| ||||||
25 | (13) To assume responsibility for administration and | ||||||
26 | enforcement of the
Video Gaming Act; |
| |||||||
| |||||||
1 | (13.1) To assume responsibility for the administration | ||||||
2 | and enforcement
of operations at organization gaming | ||||||
3 | facilities pursuant to this Act and the
Illinois Horse | ||||||
4 | Racing Act of 1975; | ||||||
5 | (13.2) To assume responsibility for the administration | ||||||
6 | and enforcement
of the Sports Wagering Act; and | ||||||
7 | (14) To adopt, by rule, a code of conduct governing | ||||||
8 | Board members and employees that ensure, to the maximum | ||||||
9 | extent possible, that persons subject to this Code avoid | ||||||
10 | situations, relationships, or associations that may | ||||||
11 | represent or lead to a conflict of interest.
| ||||||
12 | Internal controls and changes submitted by licensees must | ||||||
13 | be reviewed and either approved or denied with cause within 90 | ||||||
14 | days after receipt of submission is deemed final by the | ||||||
15 | Illinois Gaming Board. In the event an internal control | ||||||
16 | submission or change does not meet the standards set by the | ||||||
17 | Board, staff of the Board must provide technical assistance to | ||||||
18 | the licensee to rectify such deficiencies within 90 days after | ||||||
19 | the initial submission and the revised submission must be | ||||||
20 | reviewed and approved or denied with cause within 90 days | ||||||
21 | after the date the revised submission is deemed final by the | ||||||
22 | Board. For the purposes of this paragraph, "with cause" means | ||||||
23 | that the approval of the submission would jeopardize the | ||||||
24 | integrity of gaming. In the event the Board staff has not acted | ||||||
25 | within the timeframe, the submission shall be deemed approved. | ||||||
26 | (c) The Board shall have jurisdiction over and shall |
| |||||||
| |||||||
1 | supervise all
gambling operations governed by this Act. The | ||||||
2 | Board shall have all powers
necessary and proper to fully and | ||||||
3 | effectively execute the provisions of
this Act, including, but | ||||||
4 | not limited to, the following:
| ||||||
5 | (1) To investigate applicants and determine the | ||||||
6 | eligibility of
applicants for licenses and to select among | ||||||
7 | competing applicants the
applicants which best serve the | ||||||
8 | interests of the citizens of Illinois.
| ||||||
9 | (2) To have jurisdiction and supervision over all | ||||||
10 | riverboat gambling
operations authorized under this Act | ||||||
11 | and all persons in places where gambling
operations are | ||||||
12 | conducted.
| ||||||
13 | (3) To promulgate rules and regulations for the | ||||||
14 | purpose of administering
the provisions of this Act and to | ||||||
15 | prescribe rules, regulations and
conditions under which | ||||||
16 | all gambling operations subject to this
Act shall be
| ||||||
17 | conducted. Such rules and regulations are to provide for | ||||||
18 | the prevention of
practices detrimental to the public | ||||||
19 | interest and for the best interests of
riverboat gambling, | ||||||
20 | including rules and regulations regarding the
inspection | ||||||
21 | of organization gaming facilities, casinos, and | ||||||
22 | riverboats, and the review of any permits or licenses
| ||||||
23 | necessary to operate a riverboat, casino, or organization | ||||||
24 | gaming facility under any laws or regulations applicable
| ||||||
25 | to riverboats, casinos, or organization gaming facilities | ||||||
26 | and to impose penalties for violations thereof.
|
| |||||||
| |||||||
1 | (4) To enter the office, riverboats, casinos, | ||||||
2 | organization gaming facilities, and
other facilities, or | ||||||
3 | other
places of business of a licensee, where evidence of | ||||||
4 | the compliance or
noncompliance with the provisions of | ||||||
5 | this Act is likely to be found.
| ||||||
6 | (5) To investigate alleged violations of this Act or | ||||||
7 | the
rules of the Board and to take appropriate | ||||||
8 | disciplinary
action against a licensee or a holder of an | ||||||
9 | occupational license for a
violation, or institute | ||||||
10 | appropriate legal action for enforcement, or both.
| ||||||
11 | (6) To adopt standards for the licensing of all | ||||||
12 | persons and entities under this Act,
as well as for | ||||||
13 | electronic or mechanical gambling games, and to establish
| ||||||
14 | fees for such licenses.
| ||||||
15 | (7) To adopt appropriate standards for all | ||||||
16 | organization gaming facilities, riverboats, casinos,
and | ||||||
17 | other facilities authorized under this Act.
| ||||||
18 | (8) To require that the records, including financial | ||||||
19 | or other statements
of any licensee under this Act, shall | ||||||
20 | be kept in such manner as prescribed
by the Board and that | ||||||
21 | any such licensee involved in the ownership or
management | ||||||
22 | of gambling operations submit to the Board an annual | ||||||
23 | balance
sheet and profit and loss statement, list of the | ||||||
24 | stockholders or other
persons having a 1% or greater | ||||||
25 | beneficial interest in the gambling
activities of each | ||||||
26 | licensee, and any other information the Board deems
|
| |||||||
| |||||||
1 | necessary in order to effectively administer this Act and | ||||||
2 | all rules,
regulations, orders and final decisions | ||||||
3 | promulgated under this Act.
| ||||||
4 | (9) To conduct hearings, issue subpoenas for the | ||||||
5 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
6 | production of books, records
and other pertinent documents | ||||||
7 | in accordance with the Illinois
Administrative Procedure | ||||||
8 | Act, and to administer oaths and affirmations to
the | ||||||
9 | witnesses, when, in the judgment of the Board, it is | ||||||
10 | necessary to
administer or enforce this Act or the Board | ||||||
11 | rules.
| ||||||
12 | (10) To prescribe a form to be used by any licensee | ||||||
13 | involved in the
ownership or management of gambling | ||||||
14 | operations as an
application for employment for their | ||||||
15 | employees.
| ||||||
16 | (11) To revoke or suspend licenses, as the Board may | ||||||
17 | see fit and in
compliance with applicable laws of the | ||||||
18 | State regarding administrative
procedures, and to review | ||||||
19 | applications for the renewal of licenses. The
Board may | ||||||
20 | suspend an owners license or an organization gaming | ||||||
21 | license without notice or hearing upon a
determination | ||||||
22 | that the safety or health of patrons or employees is
| ||||||
23 | jeopardized by continuing a gambling operation conducted | ||||||
24 | under that license. The suspension may
remain in effect | ||||||
25 | until the Board determines that the cause for suspension
| ||||||
26 | has been abated. The Board may revoke an owners license or |
| |||||||
| |||||||
1 | organization gaming license upon a
determination that the | ||||||
2 | licensee has not made satisfactory progress toward
abating | ||||||
3 | the hazard.
| ||||||
4 | (12) To eject or exclude or authorize the ejection or | ||||||
5 | exclusion of, any
person from gambling facilities where | ||||||
6 | that person is in violation
of this Act, rules and | ||||||
7 | regulations thereunder, or final orders of the
Board, or | ||||||
8 | where such person's conduct or reputation is such that his | ||||||
9 | or her
presence within the gambling facilities may, in the | ||||||
10 | opinion of
the Board, call into question the honesty and | ||||||
11 | integrity of the gambling
operations or interfere with the | ||||||
12 | orderly conduct thereof; provided that the
propriety of | ||||||
13 | such ejection or exclusion is subject to subsequent | ||||||
14 | hearing
by the Board.
| ||||||
15 | (13) To require all licensees of gambling operations | ||||||
16 | to utilize a
cashless wagering system whereby all players' | ||||||
17 | money is converted to tokens,
electronic cards, or chips | ||||||
18 | which shall be used only for wagering in the
gambling | ||||||
19 | establishment.
| ||||||
20 | (14) (Blank).
| ||||||
21 | (15) To suspend, revoke or restrict licenses, to | ||||||
22 | require the
removal of a licensee or an employee of a | ||||||
23 | licensee for a violation of this
Act or a Board rule or for | ||||||
24 | engaging in a fraudulent practice, and to
impose civil | ||||||
25 | penalties of up to $5,000 against individuals and up to
| ||||||
26 | $10,000 or an amount equal to the daily gross receipts, |
| |||||||
| |||||||
1 | whichever is
larger, against licensees for each violation | ||||||
2 | of any provision of the Act, any rules adopted by the | ||||||
3 | Board, any order of the Board or any other action
which, in | ||||||
4 | the Board's discretion, is a detriment or impediment to
| ||||||
5 | gambling operations.
| ||||||
6 | (16) To hire employees to gather information, conduct | ||||||
7 | investigations
and carry out any other tasks contemplated | ||||||
8 | under this Act.
| ||||||
9 | (17) To establish minimum levels of insurance to be | ||||||
10 | maintained by
licensees.
| ||||||
11 | (18) To authorize a licensee to sell or serve | ||||||
12 | alcoholic liquors, wine or
beer as defined in the Liquor | ||||||
13 | Control Act of 1934 on board a riverboat or in a casino
and | ||||||
14 | to have exclusive authority to establish the hours for | ||||||
15 | sale and
consumption of alcoholic liquor on board a | ||||||
16 | riverboat or in a casino, notwithstanding any
provision of | ||||||
17 | the Liquor Control Act of 1934 or any local ordinance, and
| ||||||
18 | regardless of whether the riverboat makes excursions. The
| ||||||
19 | establishment of the hours for sale and consumption of | ||||||
20 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
21 | exclusive power and function of the State. A home
rule | ||||||
22 | unit may not establish the hours for sale and consumption | ||||||
23 | of alcoholic
liquor on board a riverboat or in a casino. | ||||||
24 | This subdivision (18) is a denial and
limitation of home | ||||||
25 | rule powers and functions under subsection (h) of
Section | ||||||
26 | 6 of Article VII of the Illinois Constitution.
|
| |||||||
| |||||||
1 | (19) After consultation with the U.S. Army Corps of | ||||||
2 | Engineers, to
establish binding emergency orders upon the | ||||||
3 | concurrence of a majority of
the members of the Board | ||||||
4 | regarding the navigability of water, relative to
| ||||||
5 | excursions,
in the event
of extreme weather conditions, | ||||||
6 | acts of God or other extreme circumstances.
| ||||||
7 | (20) To delegate the execution of any of its powers | ||||||
8 | under this Act for
the purpose of administering and | ||||||
9 | enforcing this Act and the rules adopted by the Board.
| ||||||
10 | (20.5) To approve any contract entered into on its | ||||||
11 | behalf.
| ||||||
12 | (20.6) To appoint investigators to conduct | ||||||
13 | investigations, searches, seizures, arrests, and other | ||||||
14 | duties imposed under this Act, as deemed necessary by the | ||||||
15 | Board. These investigators have and may exercise all of | ||||||
16 | the rights and powers of peace officers, provided that | ||||||
17 | these powers shall be limited to offenses or violations | ||||||
18 | occurring or committed in a casino, in an organization | ||||||
19 | gaming facility, or on a riverboat or dock, as defined in | ||||||
20 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
21 | provided by this Act or any other law. | ||||||
22 | (20.7) To contract with the Illinois State Police for | ||||||
23 | the use of trained and qualified State police officers and | ||||||
24 | with the Department of Revenue for the use of trained and | ||||||
25 | qualified Department of Revenue investigators to conduct | ||||||
26 | investigations, searches, seizures, arrests, and other |
| |||||||
| |||||||
1 | duties imposed under this Act and to exercise all of the | ||||||
2 | rights and powers of peace officers, provided that the | ||||||
3 | powers of Department of Revenue investigators under this | ||||||
4 | subdivision (20.7) shall be limited to offenses or | ||||||
5 | violations occurring or committed in a casino, in an | ||||||
6 | organization gaming facility, or on a riverboat or dock, | ||||||
7 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
8 | otherwise provided by this Act or any other law. In the | ||||||
9 | event the Illinois State Police or the Department of | ||||||
10 | Revenue is unable to fill contracted police or | ||||||
11 | investigative positions, the Board may appoint | ||||||
12 | investigators to fill those positions pursuant to | ||||||
13 | subdivision (20.6).
| ||||||
14 | (21) To adopt rules concerning the conduct of gaming | ||||||
15 | pursuant to an organization gaming license issued under | ||||||
16 | this Act. | ||||||
17 | (22) To have the same jurisdiction and supervision | ||||||
18 | over casinos and organization gaming facilities as the | ||||||
19 | Board has over riverboats, including, but not limited to, | ||||||
20 | the power to (i) investigate, review, and approve | ||||||
21 | contracts as that power is applied to riverboats, (ii) | ||||||
22 | adopt rules for administering the provisions of this Act, | ||||||
23 | (iii) adopt standards for the licensing of all persons | ||||||
24 | involved with a casino or organization gaming facility, | ||||||
25 | (iv) investigate alleged violations of this Act by any | ||||||
26 | person involved with a casino or organization gaming |
| |||||||
| |||||||
1 | facility, and (v) require that records, including | ||||||
2 | financial or other statements of any casino or | ||||||
3 | organization gaming facility, shall be kept in such manner | ||||||
4 | as prescribed by the Board.
| ||||||
5 | (23) To take any other action as may be reasonable or | ||||||
6 | appropriate to
enforce this Act and the rules adopted by | ||||||
7 | the Board.
| ||||||
8 | (d) The Board may seek and shall receive the cooperation | ||||||
9 | of the
Illinois State Police in conducting background | ||||||
10 | investigations of
applicants and in fulfilling its | ||||||
11 | responsibilities under
this Section. Costs incurred by the | ||||||
12 | Illinois State Police as
a result of such cooperation shall be | ||||||
13 | paid by the Board in conformance
with the requirements of | ||||||
14 | Section 2605-400 of the Illinois State Police Law.
| ||||||
15 | (e) The Board must authorize to each investigator and to | ||||||
16 | any other
employee of the Board exercising the powers of a | ||||||
17 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
18 | states that the badge is authorized by the Board
and
(ii) | ||||||
19 | contains a unique identifying number. No other badge shall be | ||||||
20 | authorized
by the Board.
| ||||||
21 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
| ||||||
22 | Section 105. The Environmental Justice Act is amended by | ||||||
23 | changing Section 10 as follows:
| ||||||
24 | (415 ILCS 155/10) |
| |||||||
| |||||||
1 | Sec. 10. Commission on Environmental Justice. | ||||||
2 | (a) The Commission on Environmental Justice is established | ||||||
3 | and consists of the following 24 voting members: | ||||||
4 | (1) 2 members of the Senate, one appointed by the | ||||||
5 | President of the Senate and the other by the Minority | ||||||
6 | Leader of the Senate, each to serve at the pleasure of the | ||||||
7 | appointing officer; | ||||||
8 | (2) 2 members of the House of Representatives, one | ||||||
9 | appointed by the Speaker of the House of Representatives | ||||||
10 | and the other by the Minority Leader of the House of | ||||||
11 | Representatives, each to serve at the pleasure of the | ||||||
12 | appointing officer; | ||||||
13 | (3) the following ex officio members: the Director of | ||||||
14 | Commerce and Economic Opportunity or his or her designee, | ||||||
15 | the Director of the Environmental Protection Agency or his | ||||||
16 | or her designee, the Director of Natural Resources or his | ||||||
17 | or her designee, the Director of Public Health or his or | ||||||
18 | her designee, the Secretary of Transportation or his or | ||||||
19 | her designee, and a representative of the housing office | ||||||
20 | of the Department of Human Services appointed by the | ||||||
21 | Secretary of Human Services;
and | ||||||
22 | (4) 14 members appointed by the Governor who represent | ||||||
23 | the following interests: | ||||||
24 | (i) at least 4 members of affected communities | ||||||
25 | concerned with environmental justice; | ||||||
26 | (ii) at least 2 members of business organizations |
| |||||||
| |||||||
1 | including one member representing a statewide | ||||||
2 | organization representing manufacturers and one member | ||||||
3 | representing an organization representing the energy | ||||||
4 | sector; | ||||||
5 | (iii) environmental organizations; | ||||||
6 | (iv) experts on environmental health and | ||||||
7 | environmental justice; | ||||||
8 | (v) units of local government; | ||||||
9 | (vi) members of the general public who have an | ||||||
10 | interest or expertise in environmental justice; and | ||||||
11 | (vii) at least 2 members of labor organizations | ||||||
12 | including one member from a statewide labor federation | ||||||
13 | representing more than one international union and one | ||||||
14 | member from an organization representing workers in | ||||||
15 | the energy sector. | ||||||
16 | (b) Of the initial members of the Commission appointed | ||||||
17 | by the Governor, 5 shall serve for a 2-year term and 5 | ||||||
18 | shall serve for a 1-year term, as designated by the | ||||||
19 | Governor at the time of appointment. The Thereafter, the | ||||||
20 | members appointed by the Governor for terms beginning | ||||||
21 | before the effective date of this amendatory Act of the | ||||||
22 | 102nd General Assembly shall serve 2-year terms. Members | ||||||
23 | appointed by the Governor for terms beginning on or after | ||||||
24 | the effective date of this amendatory Act of the 102nd | ||||||
25 | General Assembly shall serve 4-year terms. Vacancies shall | ||||||
26 | be filled in the same manner as appointments. Members of |
| |||||||
| |||||||
1 | the Commission appointed by the Governor may not receive | ||||||
2 | compensation for their service on the Commission and are | ||||||
3 | not entitled to reimbursement for expenses. | ||||||
4 | (c) The Governor shall designate a Chairperson from among | ||||||
5 | the Commission's members. The Commission shall meet at the | ||||||
6 | call of the Chairperson, but no later than 90 days after the | ||||||
7 | effective date of this Act and at least quarterly thereafter. | ||||||
8 | (d) The Commission shall: | ||||||
9 | (1) advise State entities on environmental justice and | ||||||
10 | related community issues; | ||||||
11 | (2) review and analyze the impact of current State | ||||||
12 | laws and policies on the issue of environmental justice | ||||||
13 | and sustainable communities; | ||||||
14 | (3) assess the adequacy of State and local laws to | ||||||
15 | address the issue of environmental justice and sustainable | ||||||
16 | communities; | ||||||
17 | (4) develop criteria to assess whether communities in | ||||||
18 | the State may be experiencing environmental justice | ||||||
19 | issues; and | ||||||
20 | (5) recommend options to the Governor for addressing | ||||||
21 | issues, concerns, or problems related to environmental | ||||||
22 | justice that surface after reviewing State laws and | ||||||
23 | policies, including prioritizing areas of the State that | ||||||
24 | need immediate attention. | ||||||
25 | (e) On or before October 1, 2011 and each October 1 | ||||||
26 | thereafter, the Commission shall report its findings and |
| |||||||
| |||||||
1 | recommendations to the Governor and General Assembly. | ||||||
2 | (f) The Environmental Protection Agency shall provide | ||||||
3 | administrative and other support to the Commission.
| ||||||
4 | (Source: P.A. 99-541, eff. 1-1-17 .)
| ||||||
5 | Section 110. The Firearm Owners Identification Card Act is | ||||||
6 | amended by changing Section 10 as follows:
| ||||||
7 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
8 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
9 | prohibitions. | ||||||
10 | (a) Whenever an application for a Firearm Owner's | ||||||
11 | Identification
Card is denied or whenever such a Card is | ||||||
12 | revoked or seized
as provided for in Section 8 of this Act, the | ||||||
13 | aggrieved party may
(1) file a record challenge with the | ||||||
14 | Director regarding the record upon which the decision to deny | ||||||
15 | or revoke the Firearm Owner's Identification Card was based | ||||||
16 | under subsection (a-5); or (2) appeal
to the Director of the | ||||||
17 | Illinois State Police through December 31, 2022, or beginning | ||||||
18 | January 1, 2023, the Firearm Owner's Identification Card | ||||||
19 | Review Board for a hearing seeking relief from
such denial or | ||||||
20 | revocation unless the denial or revocation
was based upon a | ||||||
21 | forcible felony, stalking, aggravated stalking, domestic
| ||||||
22 | battery, any violation of the Illinois Controlled Substances | ||||||
23 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
24 | or the
Cannabis Control Act that is classified as a Class 2 or |
| |||||||
| |||||||
1 | greater felony,
any
felony violation of Article 24 of the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of 2012, or any
| ||||||
3 | adjudication as a delinquent minor for the commission of an
| ||||||
4 | offense that if committed by an adult would be a felony, in | ||||||
5 | which case the
aggrieved party may petition the circuit court | ||||||
6 | in writing in the county of
his or her residence for a hearing | ||||||
7 | seeking relief from such denial or revocation.
| ||||||
8 | (a-5) There is created a Firearm Owner's Identification | ||||||
9 | Card Review Board to consider any appeal under subsection (a) | ||||||
10 | beginning January 1, 2023, other than an appeal directed to | ||||||
11 | the circuit court and except when the applicant is challenging | ||||||
12 | the record upon which the decision to deny or revoke was based | ||||||
13 | as provided in subsection (a-10). | ||||||
14 | (0.05) In furtherance of the policy of this Act that | ||||||
15 | the Board shall exercise its powers and duties in an | ||||||
16 | independent manner, subject to the provisions of this Act | ||||||
17 | but free from the direction, control, or influence of any | ||||||
18 | other agency or department of State government. All | ||||||
19 | expenses and liabilities incurred by the Board in the | ||||||
20 | performance of its responsibilities hereunder shall be | ||||||
21 | paid from funds which shall be appropriated to the Board | ||||||
22 | by the General Assembly for the ordinary and contingent | ||||||
23 | expenses of the Board. | ||||||
24 | (1) The Board shall consist of 7 members appointed by | ||||||
25 | the Governor, with the advice and consent of the Senate, | ||||||
26 | with 3 members residing within the First Judicial District |
| |||||||
| |||||||
1 | and one member residing within each of the 4 remaining | ||||||
2 | Judicial Districts. No more than 4 members shall be | ||||||
3 | members of the same political party. The Governor shall | ||||||
4 | designate one member as the chairperson. The members shall | ||||||
5 | have actual experience in law, education, social work, | ||||||
6 | behavioral sciences, law enforcement, or community affairs | ||||||
7 | or in a combination of those areas. The Board shall | ||||||
8 | consist of: | ||||||
9 | (A) one member with at least 5 years of service as | ||||||
10 | a federal or State judge; | ||||||
11 | (B) one member with at least 5 years of experience | ||||||
12 | serving as an attorney with the United States | ||||||
13 | Department of Justice, or as a State's Attorney or | ||||||
14 | Assistant State's Attorney; | ||||||
15 | (C) one member with at least 5 years of experience | ||||||
16 | serving as a State or federal public defender or | ||||||
17 | assistant public defender; | ||||||
18 | (D) three members with at least 5 years of | ||||||
19 | experience as a federal, State, or local law | ||||||
20 | enforcement agent or as an employee with investigative | ||||||
21 | experience or duties related to criminal justice under | ||||||
22 | the United States Department of Justice, Drug | ||||||
23 | Enforcement Administration, Department of Homeland | ||||||
24 | Security, Federal Bureau of Investigation, or a State | ||||||
25 | or local law enforcement agency; and | ||||||
26 | (E) one member with at least 5 years of experience |
| |||||||
| |||||||
1 | as a licensed physician or clinical psychologist with | ||||||
2 | expertise in the diagnosis and treatment of mental | ||||||
3 | illness. | ||||||
4 | (2) The terms of the members initially appointed after | ||||||
5 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
6 | shall be as follows: one of
the initial members shall be | ||||||
7 | appointed for a term of one year, 3 shall be
appointed for | ||||||
8 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
9 | years. Thereafter, members shall hold office for 4 years, | ||||||
10 | with terms expiring on the second Monday in January | ||||||
11 | immediately following the expiration of their terms and | ||||||
12 | every 4 years thereafter. Members may be reappointed. | ||||||
13 | Vacancies in the office of member shall be filled in the | ||||||
14 | same manner as the original appointment, for the remainder | ||||||
15 | of the unexpired term. The Governor may remove a member | ||||||
16 | for incompetence, neglect of duty, malfeasance, or | ||||||
17 | inability to serve. Members shall receive compensation in | ||||||
18 | an amount equal to the compensation of members of the | ||||||
19 | Executive Ethics Commission and may be reimbursed, from | ||||||
20 | funds appropriated for such a purpose, for reasonable | ||||||
21 | expenses actually incurred in the performance of their | ||||||
22 | Board duties. The Illinois State Police shall designate an | ||||||
23 | employee to serve as Executive Director of the Board and | ||||||
24 | provide logistical and administrative assistance to the | ||||||
25 | Board. | ||||||
26 | (3) The Board shall meet at least quarterly each year |
| |||||||
| |||||||
1 | and at the call of the chairperson as often as necessary to | ||||||
2 | consider appeals of decisions made with respect to | ||||||
3 | applications for a Firearm Owner's Identification Card | ||||||
4 | under this Act. If necessary to ensure the participation | ||||||
5 | of a member, the Board shall allow a member to participate | ||||||
6 | in a Board meeting by electronic communication. Any member | ||||||
7 | participating electronically shall be deemed present for | ||||||
8 | purposes of establishing a quorum and voting. | ||||||
9 | (4) The Board shall adopt rules for the review of | ||||||
10 | appeals and the conduct of hearings. The Board shall | ||||||
11 | maintain a record of its decisions and all materials | ||||||
12 | considered in making its decisions. All Board decisions | ||||||
13 | and voting records shall be kept confidential and all | ||||||
14 | materials considered by the Board shall be exempt from | ||||||
15 | inspection except upon order of a court. | ||||||
16 | (5) In considering an appeal, the Board shall review | ||||||
17 | the materials received concerning the denial or revocation | ||||||
18 | by the Illinois State Police. By a vote of at least 4 | ||||||
19 | members, the Board may request additional information from | ||||||
20 | the Illinois State Police or the applicant or the | ||||||
21 | testimony of the Illinois State Police or the applicant. | ||||||
22 | The Board may require that the applicant submit electronic | ||||||
23 | fingerprints to the Illinois State Police for an updated | ||||||
24 | background check if the Board determines it lacks | ||||||
25 | sufficient information to determine eligibility. The Board | ||||||
26 | may consider information submitted by the Illinois State |
| |||||||
| |||||||
1 | Police, a law enforcement agency, or the applicant. The | ||||||
2 | Board shall review each denial or revocation and determine | ||||||
3 | by a majority of members whether an applicant should be | ||||||
4 | granted relief under subsection (c). | ||||||
5 | (6) The Board shall by order issue summary decisions. | ||||||
6 | The Board shall issue a decision within 45 days of | ||||||
7 | receiving all completed appeal documents from the Illinois | ||||||
8 | State Police and the applicant. However, the Board need | ||||||
9 | not issue a decision within 45 days if: | ||||||
10 | (A) the Board requests information from the | ||||||
11 | applicant, including, but not limited to, electronic | ||||||
12 | fingerprints to be submitted to the Illinois State | ||||||
13 | Police, in accordance with paragraph (5) of this | ||||||
14 | subsection, in which case the Board shall make a | ||||||
15 | decision within 30 days of receipt of the required | ||||||
16 | information from the applicant; | ||||||
17 | (B) the applicant agrees, in writing, to allow the | ||||||
18 | Board additional time to consider an appeal; or | ||||||
19 | (C) the Board notifies the applicant and the | ||||||
20 | Illinois State Police that the Board needs an | ||||||
21 | additional 30 days to issue a decision. The Board may | ||||||
22 | only issue 2 extensions under this subparagraph (C). | ||||||
23 | The Board's notification to the applicant and the | ||||||
24 | Illinois State Police shall include an explanation for | ||||||
25 | the extension. | ||||||
26 | (7) If the Board determines that the applicant is |
| |||||||
| |||||||
1 | eligible for relief under subsection (c), the Board shall | ||||||
2 | notify the applicant and the Illinois State Police that | ||||||
3 | relief has been granted and the Illinois State Police | ||||||
4 | shall issue the Card. | ||||||
5 | (8) Meetings of the Board shall not be subject to the | ||||||
6 | Open Meetings Act and records of the Board shall not be | ||||||
7 | subject to the Freedom of Information Act. | ||||||
8 | (9) The Board shall report monthly to the Governor and | ||||||
9 | the General Assembly on the number of appeals received and | ||||||
10 | provide details of the circumstances in which the Board | ||||||
11 | has determined to deny Firearm Owner's Identification | ||||||
12 | Cards under this subsection (a-5). The report shall not | ||||||
13 | contain any identifying information about the applicants. | ||||||
14 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
15 | relief from a firearms prohibition under subsection (c) but | ||||||
16 | rather does not believe the applicant is appropriately denied | ||||||
17 | or revoked and is challenging the record upon which the | ||||||
18 | decision to deny or revoke the Firearm Owner's Identification | ||||||
19 | Card was based, or whenever the Illinois State Police fails to | ||||||
20 | act on an application within 30 days of its receipt, the | ||||||
21 | applicant shall file such challenge with the Director. The | ||||||
22 | Director shall render a decision within 60 business days of | ||||||
23 | receipt of all information supporting the challenge. The | ||||||
24 | Illinois State Police shall adopt rules for the review of a | ||||||
25 | record challenge. | ||||||
26 | (b) At least 30 days before any hearing in the circuit |
| |||||||
| |||||||
1 | court, the
petitioner shall serve the
relevant State's | ||||||
2 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
3 | object to the petition and present evidence. At the hearing, | ||||||
4 | the court
shall
determine whether substantial justice has been | ||||||
5 | done. Should the court
determine that substantial justice has | ||||||
6 | not been done, the court shall issue an
order directing the | ||||||
7 | Illinois State Police to issue a Card. However, the court | ||||||
8 | shall not issue the order if the petitioner is otherwise | ||||||
9 | prohibited from obtaining, possessing, or using a firearm | ||||||
10 | under
federal law.
| ||||||
11 | (c) Any person prohibited from possessing a firearm under | ||||||
12 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
13 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
14 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
15 | Card Review Board
or petition the circuit court in the county | ||||||
16 | where the petitioner resides,
whichever is applicable in | ||||||
17 | accordance with subsection (a) of this Section,
requesting | ||||||
18 | relief
from such prohibition and the Board or court may grant | ||||||
19 | such relief if it
is
established by the applicant to the | ||||||
20 | court's or the Board's satisfaction
that:
| ||||||
21 | (0.05) when in the circuit court, the State's Attorney | ||||||
22 | has been served
with a written
copy of the
petition at | ||||||
23 | least 30 days before any such hearing in the circuit court | ||||||
24 | and at
the hearing the
State's Attorney was afforded an | ||||||
25 | opportunity to present evidence and object to
the | ||||||
26 | petition;
|
| |||||||
| |||||||
1 | (1) the applicant has not been convicted of a forcible | ||||||
2 | felony under the
laws of this State or any other | ||||||
3 | jurisdiction within 20 years of the
applicant's | ||||||
4 | application for a Firearm Owner's Identification Card, or | ||||||
5 | at
least 20 years have passed since the end of any period | ||||||
6 | of imprisonment
imposed in relation to that conviction;
| ||||||
7 | (2) the circumstances regarding a criminal conviction, | ||||||
8 | where applicable,
the applicant's criminal history and his | ||||||
9 | reputation are such that the applicant
will not be likely | ||||||
10 | to act in a manner dangerous to public safety;
| ||||||
11 | (3) granting relief would not be contrary to the | ||||||
12 | public interest; and | ||||||
13 | (4) granting relief would not be contrary to federal | ||||||
14 | law.
| ||||||
15 | (c-5) (1) An active law enforcement officer employed by a | ||||||
16 | unit of government or a Department of Corrections employee | ||||||
17 | authorized to possess firearms who is denied, revoked, or has | ||||||
18 | his or her Firearm Owner's Identification Card seized under | ||||||
19 | subsection (e) of Section 8 of this Act may apply to the | ||||||
20 | Firearm Owner's Identification Card Review Board requesting | ||||||
21 | relief if the officer or employee did not act in a manner | ||||||
22 | threatening to the officer or employee, another person, or the | ||||||
23 | public as determined by the treating clinical psychologist or | ||||||
24 | physician, and as a result of his or her work is referred by | ||||||
25 | the employer for or voluntarily seeks mental health evaluation | ||||||
26 | or treatment by a licensed clinical psychologist, |
| |||||||
| |||||||
1 | psychiatrist, or qualified examiner, and: | ||||||
2 | (A) the officer or employee has not received treatment | ||||||
3 | involuntarily at a mental health facility, regardless of | ||||||
4 | the length of admission; or has not been voluntarily | ||||||
5 | admitted to a mental health facility for more than 30 days | ||||||
6 | and not for more than one incident within the past 5 years; | ||||||
7 | and | ||||||
8 | (B) the officer or employee has not left the mental | ||||||
9 | institution against medical advice. | ||||||
10 | (2) The Firearm Owner's Identification Card Review Board | ||||||
11 | shall grant expedited relief to active law enforcement | ||||||
12 | officers and employees described in paragraph (1) of this | ||||||
13 | subsection (c-5) upon a determination by the Board that the | ||||||
14 | officer's or employee's possession of a firearm does not | ||||||
15 | present a threat to themselves, others, or public safety. The | ||||||
16 | Board shall act on the request for relief within 30 business | ||||||
17 | days of receipt of: | ||||||
18 | (A) a notarized statement from the officer or employee | ||||||
19 | in the form prescribed by the Board detailing the | ||||||
20 | circumstances that led to the hospitalization; | ||||||
21 | (B) all documentation regarding the admission, | ||||||
22 | evaluation, treatment and discharge from the treating | ||||||
23 | licensed clinical psychologist or psychiatrist of the | ||||||
24 | officer; | ||||||
25 | (C) a psychological fitness for duty evaluation of the | ||||||
26 | person completed after the time of discharge; and |
| |||||||
| |||||||
1 | (D) written confirmation in the form prescribed by the | ||||||
2 | Board from the treating licensed clinical psychologist or | ||||||
3 | psychiatrist that the provisions set forth in paragraph | ||||||
4 | (1) of this subsection (c-5) have been met, the person | ||||||
5 | successfully completed treatment, and their professional | ||||||
6 | opinion regarding the person's ability to possess | ||||||
7 | firearms. | ||||||
8 | (3) Officers and employees eligible for the expedited | ||||||
9 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
10 | burden of proof on eligibility and must provide all | ||||||
11 | information required. The Board may not consider granting | ||||||
12 | expedited relief until the proof and information is received. | ||||||
13 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
14 | "qualified examiner" shall have the same meaning as provided | ||||||
15 | in Chapter I of the Mental Health and Developmental | ||||||
16 | Disabilities Code. | ||||||
17 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
18 | his or her Firearm Owner's Identification Card seized under | ||||||
19 | subsection (e) of Section 8 of this Act based upon a | ||||||
20 | determination of a developmental disability or an intellectual | ||||||
21 | disability may apply to the Firearm Owner's Identification | ||||||
22 | Card Review Board requesting relief. | ||||||
23 | (2) The Board shall act on the request for relief within 60 | ||||||
24 | business days of receipt of written certification, in the form | ||||||
25 | prescribed by the Board, from a physician or clinical | ||||||
26 | psychologist, or qualified examiner, that the aggrieved |
| |||||||
| |||||||
1 | party's developmental disability or intellectual disability | ||||||
2 | condition is determined by a physician, clinical psychologist, | ||||||
3 | or qualified to be mild. If a fact-finding conference is | ||||||
4 | scheduled to obtain additional information concerning the | ||||||
5 | circumstances of the denial or revocation, the 60 business | ||||||
6 | days the Director has to act shall be tolled until the | ||||||
7 | completion of the fact-finding conference. | ||||||
8 | (3) The Board may grant relief if the aggrieved party's | ||||||
9 | developmental disability or intellectual disability is mild as | ||||||
10 | determined by a physician, clinical psychologist, or qualified | ||||||
11 | examiner and it is established by the applicant to the Board's | ||||||
12 | satisfaction that: | ||||||
13 | (A) granting relief would not be contrary to the | ||||||
14 | public interest; and | ||||||
15 | (B) granting relief would not be contrary to federal | ||||||
16 | law. | ||||||
17 | (4) The Board may not grant relief if the condition is | ||||||
18 | determined by a physician, clinical psychologist, or qualified | ||||||
19 | examiner to be moderate, severe, or profound. | ||||||
20 | (5) The changes made to this Section by Public Act 99-29 | ||||||
21 | apply to requests for
relief pending on or before July 10, 2015 | ||||||
22 | (the effective date of Public Act 99-29), except that the | ||||||
23 | 60-day period for the Director to act on requests pending | ||||||
24 | before the effective date shall begin
on July 10, 2015 (the | ||||||
25 | effective date of Public Act 99-29). All appeals as provided | ||||||
26 | in subsection (a-5) pending on January 1, 2023 shall be |
| |||||||
| |||||||
1 | considered by the Board. | ||||||
2 | (d) When a minor is adjudicated delinquent for an offense | ||||||
3 | which if
committed by an adult would be a felony, the court | ||||||
4 | shall notify the Illinois State Police.
| ||||||
5 | (e) The court shall review the denial of an application or | ||||||
6 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
7 | person who has been adjudicated
delinquent for an offense that | ||||||
8 | if
committed by an adult would be a felony if an
application | ||||||
9 | for relief has been filed at least 10 years after the | ||||||
10 | adjudication
of delinquency and the court determines that the | ||||||
11 | applicant should be
granted relief from disability to obtain a | ||||||
12 | Firearm Owner's Identification Card.
If the court grants | ||||||
13 | relief, the court shall notify the Illinois State
Police that | ||||||
14 | the disability has
been removed and that the applicant is | ||||||
15 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
16 | (f) Any person who is subject to the disabilities of 18 | ||||||
17 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
18 | of 1968 because of an adjudication or commitment that occurred | ||||||
19 | under the laws of this State or who was determined to be | ||||||
20 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
21 | Section 8 of this Act may apply to the Illinois State Police | ||||||
22 | requesting relief from that prohibition. The Board shall grant | ||||||
23 | the relief if it is established by a preponderance of the | ||||||
24 | evidence that the person will not be likely to act in a manner | ||||||
25 | dangerous to public safety and that granting relief would not | ||||||
26 | be contrary to the public interest. In making this |
| |||||||
| |||||||
1 | determination, the Board shall receive evidence concerning (i) | ||||||
2 | the circumstances regarding the firearms disabilities from | ||||||
3 | which relief is sought; (ii) the petitioner's mental health | ||||||
4 | and criminal history records, if any; (iii) the petitioner's | ||||||
5 | reputation, developed at a minimum through character witness | ||||||
6 | statements, testimony, or other character evidence; and (iv) | ||||||
7 | changes in the petitioner's condition or circumstances since | ||||||
8 | the disqualifying events relevant to the relief sought. If | ||||||
9 | relief is granted under this subsection or by order of a court | ||||||
10 | under this Section, the Director shall as soon as practicable | ||||||
11 | but in no case later than 15 business days, update, correct, | ||||||
12 | modify, or remove the person's record in any database that the | ||||||
13 | Illinois State Police makes available to the National Instant | ||||||
14 | Criminal Background Check System and notify the United States | ||||||
15 | Attorney General that the basis for the record being made | ||||||
16 | available no longer applies. The Illinois State Police shall | ||||||
17 | adopt rules for the administration of this Section. | ||||||
18 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
19 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
20 | Section 115. The Firearm Concealed Carry Act is amended by | ||||||
21 | changing Section 20 as follows:
| ||||||
22 | (430 ILCS 66/20)
| ||||||
23 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
24 | (a) There is hereby created within the Illinois State |
| |||||||
| |||||||
1 | Police a Concealed Carry Licensing Review Board to consider | ||||||
2 | any objection to an applicant's eligibility to obtain a | ||||||
3 | license under this Act submitted by a law enforcement agency | ||||||
4 | or the Illinois State Police under Section 15 of this Act. The | ||||||
5 | Board shall consist of 7 commissioners to be appointed by the | ||||||
6 | Governor, with the advice and consent of the Senate, with 3 | ||||||
7 | commissioners residing within the First Judicial District and | ||||||
8 | one commissioner residing within each of the 4 remaining | ||||||
9 | Judicial Districts. No more than 4 commissioners shall be | ||||||
10 | members of the same political party. The Governor shall | ||||||
11 | designate one commissioner as the Chairperson. The members | ||||||
12 | shall have actual experience in law, education, social work, | ||||||
13 | behavioral sciences, law enforcement, or community affairs or | ||||||
14 | in a combination of those areas. The Board shall consist of: | ||||||
15 | (1) one commissioner with at least 5 years of service | ||||||
16 | as a federal judge; | ||||||
17 | (2) 2 commissioners with at least 5 years of | ||||||
18 | experience serving as an attorney with the United States | ||||||
19 | Department of Justice; | ||||||
20 | (3) 3 commissioners with at least 5 years of | ||||||
21 | experience as a federal agent or employee with | ||||||
22 | investigative experience or duties related to criminal | ||||||
23 | justice under the United States Department of Justice, | ||||||
24 | Drug Enforcement Administration, Department of Homeland | ||||||
25 | Security, or Federal Bureau of Investigation; and | ||||||
26 | (4) one member with at least 5 years of experience as a |
| |||||||
| |||||||
1 | licensed physician or clinical psychologist with expertise | ||||||
2 | in the diagnosis and treatment of mental illness. | ||||||
3 | (b) The initial terms of the commissioners shall end on | ||||||
4 | January 12, 2015. Notwithstanding any provision in this | ||||||
5 | Section to the contrary, the term
of office of each | ||||||
6 | commissioner of the Concealed Carry Licensing Review Board is | ||||||
7 | abolished on January 1, 2022 (the effective date of Public Act | ||||||
8 | 102-237). The terms of the commissioners appointed on or after | ||||||
9 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
10 | shall be as follows: one of
the initial members shall be | ||||||
11 | appointed for a term of one year, 3 shall be
appointed for | ||||||
12 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
13 | years. Thereafter, the commissioners shall hold office for 4 | ||||||
14 | years, with terms expiring on the second Monday in January of | ||||||
15 | the fourth year. Commissioners may be reappointed. Vacancies | ||||||
16 | in the office of commissioner shall be filled in the same | ||||||
17 | manner as the original appointment, for the remainder of the | ||||||
18 | unexpired term. The Governor may remove a commissioner for | ||||||
19 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
20 | serve. Commissioners shall receive compensation in an amount | ||||||
21 | equal to the compensation of members of the Executive Ethics | ||||||
22 | Commission and may be reimbursed for reasonable expenses | ||||||
23 | actually incurred in the performance of their Board duties, | ||||||
24 | from funds appropriated for that purpose. | ||||||
25 | (c) The Board shall meet at the call of the chairperson as | ||||||
26 | often as necessary to consider objections to applications for |
| |||||||
| |||||||
1 | a license under this Act. If necessary to ensure the | ||||||
2 | participation of a commissioner, the Board shall allow a | ||||||
3 | commissioner to participate in a Board meeting by electronic | ||||||
4 | communication. Any commissioner participating electronically | ||||||
5 | shall be deemed present for purposes of establishing a quorum | ||||||
6 | and voting. | ||||||
7 | (d) The Board shall adopt rules for the review of | ||||||
8 | objections and the conduct of hearings. The Board shall | ||||||
9 | maintain a record of its decisions and all materials | ||||||
10 | considered in making its decisions. All Board decisions and | ||||||
11 | voting records shall be kept confidential and all materials | ||||||
12 | considered by the Board shall be exempt from inspection except | ||||||
13 | upon order of a court. | ||||||
14 | (e) In considering an objection of a law enforcement | ||||||
15 | agency or the Illinois State Police, the Board shall review | ||||||
16 | the materials received with the objection from the law | ||||||
17 | enforcement agency or the Illinois State Police. By a vote of | ||||||
18 | at least 4 commissioners, the Board may request additional | ||||||
19 | information from the law enforcement agency, Illinois State | ||||||
20 | Police, or the applicant, or the testimony of the law | ||||||
21 | enforcement agency, Illinois State Police, or the applicant. | ||||||
22 | The Board may require that the applicant submit electronic | ||||||
23 | fingerprints to the Illinois State Police for an updated | ||||||
24 | background check where the Board determines it lacks | ||||||
25 | sufficient information to determine eligibility. The Board may | ||||||
26 | only consider information submitted by the Illinois State |
| |||||||
| |||||||
1 | Police, a law enforcement agency, or the applicant. The Board | ||||||
2 | shall review each objection and determine by a majority of | ||||||
3 | commissioners whether an applicant is eligible for a license. | ||||||
4 | (f) The Board shall issue a decision within 30 days of | ||||||
5 | receipt of the objection from the Illinois State Police. | ||||||
6 | However, the Board need not issue a decision within 30 days if: | ||||||
7 | (1) the Board requests information from the applicant, | ||||||
8 | including but not limited to electronic fingerprints to be | ||||||
9 | submitted to the Illinois State Police, in accordance with | ||||||
10 | subsection (e) of this Section, in which case the Board | ||||||
11 | shall make a decision within 30 days of receipt of the | ||||||
12 | required information from the applicant; | ||||||
13 | (2) the applicant agrees, in writing, to allow the | ||||||
14 | Board additional time to consider an objection; or | ||||||
15 | (3) the Board notifies the applicant and the Illinois | ||||||
16 | State Police that the Board needs an additional 30 days to | ||||||
17 | issue a decision. | ||||||
18 | (g) If the Board determines by a preponderance of the | ||||||
19 | evidence that the applicant poses a danger to himself or | ||||||
20 | herself or others, or is a threat to public safety, then the | ||||||
21 | Board shall affirm the objection of the law enforcement agency | ||||||
22 | or the Illinois State Police and shall notify the Illinois | ||||||
23 | State Police that the applicant is ineligible for a license. | ||||||
24 | If the Board does not determine by a preponderance of the | ||||||
25 | evidence that the applicant poses a danger to himself or | ||||||
26 | herself or others, or is a threat to public safety, then the |
| |||||||
| |||||||
1 | Board shall notify the Illinois State Police that the | ||||||
2 | applicant is eligible for a license. | ||||||
3 | (h) Meetings of the Board shall not be subject to the Open | ||||||
4 | Meetings Act and records of the Board shall not be subject to | ||||||
5 | the Freedom of Information Act. | ||||||
6 | (i) The Board shall report monthly to the Governor and the | ||||||
7 | General Assembly on the number of objections received and | ||||||
8 | provide details of the circumstances in which the Board has | ||||||
9 | determined to deny licensure based on law enforcement or | ||||||
10 | Illinois State Police objections under Section 15 of this Act. | ||||||
11 | The report shall not contain any identifying information about | ||||||
12 | the applicants.
| ||||||
13 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
14 | 102-813, eff. 5-13-22.)
| ||||||
15 | (615 ILCS 60/Act rep.) | ||||||
16 | Section 120. The Des Plaines and Illinois Rivers Act is | ||||||
17 | repealed.
| ||||||
18 | Section 125. The Illinois Human Rights Act is amended by | ||||||
19 | changing Section 8-101 as follows:
| ||||||
20 | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
| ||||||
21 | Sec. 8-101. Illinois Human Rights Commission.
| ||||||
22 | (A) Creation; appointments. The Human Rights Commission is | ||||||
23 | created to consist
of 7 members appointed by the Governor with |
| |||||||
| |||||||
1 | the advice and consent of the
Senate. No more than 4 members | ||||||
2 | shall be of the same political party. The
Governor shall | ||||||
3 | designate one member as chairperson. All appointments shall
be | ||||||
4 | in writing and filed with the Secretary of State as a public | ||||||
5 | record.
| ||||||
6 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
7 | appointed for a
term to expire on the third Monday of January, | ||||||
8 | 2021, and 3 (including the
Chairperson) shall be appointed for | ||||||
9 | a term to expire on the third Monday
of January, 2023.
| ||||||
10 | Notwithstanding any provision of this Section to the | ||||||
11 | contrary, the term
of office of each member of the Illinois | ||||||
12 | Human Rights Commission is
abolished on January 19, 2019. | ||||||
13 | Incumbent members holding a position on the Commission that | ||||||
14 | was created by Public Act 84-115 and whose terms, if not for | ||||||
15 | this amendatory Act of the 100th General Assembly, would have | ||||||
16 | expired January 18, 2021 shall continue to exercise all of the | ||||||
17 | powers and be
subject to all of the duties of members of the | ||||||
18 | Commission until June 30, 2019 or until
their respective | ||||||
19 | successors are appointed and qualified, whichever is earlier.
| ||||||
20 | Thereafter, each member shall serve for a term of 4 years
| ||||||
21 | and until his or her successor is appointed and qualified; | ||||||
22 | except that any
member chosen to fill a vacancy occurring | ||||||
23 | otherwise than by expiration of
a term shall be appointed only | ||||||
24 | for the unexpired term of the member whom
he or she shall | ||||||
25 | succeed and until his or her successor is appointed and
| ||||||
26 | qualified.
|
| |||||||
| |||||||
1 | (C) Vacancies. | ||||||
2 | (1) In the case of vacancies on the Commission during
| ||||||
3 | a recess of the Senate, the Governor shall make a | ||||||
4 | temporary appointment
until the next meeting of the Senate | ||||||
5 | when he or she shall appoint a person
to fill the vacancy. | ||||||
6 | Any person so nominated and confirmed by the Senate
shall | ||||||
7 | hold office for the remainder of the term and until his or | ||||||
8 | her successor
is appointed and qualified.
| ||||||
9 | (2) If the Senate is not in session at the time this | ||||||
10 | Act takes effect,
the Governor shall make temporary | ||||||
11 | appointments to the Commission as in the
case of | ||||||
12 | vacancies.
| ||||||
13 | (3) Vacancies in the Commission shall not impair the | ||||||
14 | right of the remaining
members to exercise all the powers | ||||||
15 | of the Commission. Except when authorized
by this Act to | ||||||
16 | proceed through a 3 member panel, a majority of the | ||||||
17 | members
of the Commission then in office shall constitute | ||||||
18 | a quorum.
| ||||||
19 | (D) Compensation. On and after January 19, 2019, the | ||||||
20 | Chairperson of the Commission shall be compensated
at the rate | ||||||
21 | of $125,000 per year, or as set by the Compensation Review
| ||||||
22 | Board, whichever is greater, during his or her service as | ||||||
23 | Chairperson,
and each other member shall be compensated at the | ||||||
24 | rate of $119,000 per
year, or as set by the Compensation Review | ||||||
25 | Board, whichever is greater.
In addition, all members of the | ||||||
26 | Commission shall be reimbursed for expenses
actually and |
| |||||||
| |||||||
1 | necessarily incurred by them
in the performance of their | ||||||
2 | duties.
| ||||||
3 | (E) Notwithstanding the general supervisory authority of | ||||||
4 | the Chairperson, each commissioner, unless appointed to the | ||||||
5 | special temporary panel created under subsection (H), has the | ||||||
6 | authority to hire and supervise a staff attorney. The staff | ||||||
7 | attorney shall report directly to the individual commissioner. | ||||||
8 | (F) A formal training program for newly appointed | ||||||
9 | commissioners shall be implemented. The training program shall | ||||||
10 | include the following: | ||||||
11 | (1) substantive and procedural aspects of the office | ||||||
12 | of commissioner; | ||||||
13 | (2) current issues in employment and housing | ||||||
14 | discrimination and public accommodation law and practice; | ||||||
15 | (3) orientation to each operational unit of the
Human | ||||||
16 | Rights Commission; | ||||||
17 | (4) observation of experienced hearing officers and | ||||||
18 | commissioners conducting hearings of cases, combined with | ||||||
19 | the opportunity to discuss evidence presented and rulings | ||||||
20 | made; | ||||||
21 | (5) the use of hypothetical cases requiring the
newly | ||||||
22 | appointed commissioner to issue judgments as a means of | ||||||
23 | evaluating knowledge and writing ability; | ||||||
24 | (6) writing skills; and | ||||||
25 | (7) professional and ethical standards. | ||||||
26 | A formal and ongoing professional development program |
| |||||||
| |||||||
1 | including, but not limited to, the above-noted areas shall be | ||||||
2 | implemented to keep commissioners informed of recent | ||||||
3 | developments and issues and to assist them in maintaining and | ||||||
4 | enhancing their professional competence. Each commissioner | ||||||
5 | shall complete 20 hours of training in the above-noted areas | ||||||
6 | during every 2 years the commissioner remains in office. | ||||||
7 | (G) Commissioners must meet one of the following | ||||||
8 | qualifications: | ||||||
9 | (1) licensed to practice law in the State of Illinois; | ||||||
10 | (2) at least 3 years of experience as a hearing | ||||||
11 | officer at the Human Rights Commission; or | ||||||
12 | (3) at least 4 years of professional experience | ||||||
13 | working for or dealing with individuals or corporations | ||||||
14 | affected by this Act or similar laws in other | ||||||
15 | jurisdictions, including, but not limited to, experience | ||||||
16 | with a civil rights advocacy group, a fair housing group, | ||||||
17 | a community organization, a trade association, a union, a | ||||||
18 | law firm, a legal aid organization, an employer's human | ||||||
19 | resources department, an employment discrimination | ||||||
20 | consulting firm, a community affairs organization, or a | ||||||
21 | municipal human relations agency. | ||||||
22 | The Governor's appointment message, filed with the | ||||||
23 | Secretary of State and transmitted to the Senate, shall state | ||||||
24 | specifically how the experience of a nominee for commissioner | ||||||
25 | meets the requirement set forth in this subsection. The | ||||||
26 | Chairperson must have public or private sector management and |
| |||||||
| |||||||
1 | budget experience, as determined by the Governor. | ||||||
2 | Each commissioner shall devote full time to his or her | ||||||
3 | duties and any commissioner who is an attorney shall not | ||||||
4 | engage in the practice of law, nor shall any commissioner hold | ||||||
5 | any other office or position of profit under the United States | ||||||
6 | or this State or any municipal corporation or political | ||||||
7 | subdivision of this State, nor engage in any other business, | ||||||
8 | employment, or vocation. | ||||||
9 | (H) Notwithstanding any other provision of this Act, the | ||||||
10 | Governor shall appoint, by and with the consent of the Senate, | ||||||
11 | a special temporary panel of commissioners comprised of 3 | ||||||
12 | members. The members shall hold office until the Commission, | ||||||
13 | in consultation with the Governor, determines that the | ||||||
14 | caseload of requests for review has been reduced sufficiently | ||||||
15 | to allow cases to proceed in a timely manner, or for a term of | ||||||
16 | 18 months from the date of appointment by the Governor, | ||||||
17 | whichever is earlier. Each of the 3 members shall have only | ||||||
18 | such rights and powers of a commissioner necessary to dispose | ||||||
19 | of the cases assigned to the special panel. Each of the 3 | ||||||
20 | members appointed to the special panel shall receive the same | ||||||
21 | salary as other commissioners for the duration of the panel. | ||||||
22 | The panel shall have the authority to hire and supervise a | ||||||
23 | staff attorney who shall report to the panel of commissioners. | ||||||
24 | (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20 .)
| ||||||
25 | Section 997. No acceleration or delay. Where this Act |
| |||||||
| |||||||
1 | makes changes in a statute that is represented in this Act by | ||||||
2 | text that is not yet or no longer in effect (for example, a | ||||||
3 | Section represented by multiple versions), the use of that | ||||||
4 | text does not accelerate or delay the taking effect of (i) the | ||||||
5 | changes made by this Act or (ii) provisions derived from any | ||||||
6 | other Public Act.
| ||||||
7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|