Bill Text: IL HB1563 | 2021-2022 | 102nd General Assembly | Enrolled
Bill Title: Amends the State Officials and Employees Ethics Act. Provides that the Director of the Illinois Power Agency shall be appointed for a 6-year term (rather than a 2-year term). Amends the Civil Administrative Code of Illinois. Specifies that the Director of Aging may be an individual who has experience in providing services to senior citizens. Amends the Illinois Act on the Aging. Specifies that members of the Council on Aging may include individuals who have actual experience in providing services to senior citizens (rather than only senior citizens). Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Makes changes concerning the hiring process for employees with a disability. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Repeals a provision limiting the number of terms that may be served by members of the Carolyn Adams Ticket for the Cure Board. Amends the Illinois Criminal Justice Information Act. Authorizes designees to serve in place of members on the Illinois Criminal Justice Information Authority. Amends the Blue-Ribbon Commission on Transportation Infrastructure and Policy Act. Provides that: (i) members shall be appointed to the Commission by January 31, 2023 (rather than May 31, 2022); (ii) the Commission shall hold its first meeting by February 15, 2023 (rather than within 2 months from the Act's effective date); (iii) the Commission shall report a summary of its activities and produce a final report to the General Assembly by September 15, 2023 (rather than January 31, 2023); and (iv) the Commission is dissolved, and the Act is repealed, on September 30, 2023 (rather than February 1, 2023). Amends the Renewable Energy Component Recycling Task Force Act. Deletes provisions requiring the legislative leaders' appointees to the Renewable Energy Component Recycling Task Force to be representatives of solid waste disposal and renewable energy organizations. Amends the Illinois Indian American Advisory Council Act. Changes the Act's short title to the Illinois South Asian American Advisory Council Act. Replaces references to "Indian" with "South Asian" throughout the Act. Amends the Hydrogen Economy Act. Extends the Act's repeal date from June 1, 2023 to June 1, 2026. Adds 8 legislative appointees to the membership of the Task Force. Amends the Metropolitan Pier and Exposition Authority Act. Adds a gubernatorial appointee and a mayoral appointee to the Metropolitan Pier and Exposition Board. Amends the Alexander-Cairo Port District Act. Adds 2 gubernatorial appointees to the Board of the District and requires one to have wetlands mitigation experience and one to have economic development experience. Requires 5 members of the Board (rather than 4 members of the Board) for a quorum for the transaction of business. Amends the Illinois Gambling Act. Removes a provision requiring the appointment to the Illinois Gaming Board of a board member who is a certified public accountant. Amends the Environmental Justice Act. Specifies that members appointed on or after the effective date are to serve 4-year terms (rather than 2-year terms). Amends the Firearm Owners Identification Card Act. Changes the experiential requirements for members of the Firearm Owner's Identification Card Review Board. Amends the Firearm Concealed Carry Act. Changes the experiential requirements for members of the Concealed Carry Licensing Review Board. Repeals the Des Plaines and Illinois Rivers Act. Amends the Illinois Human Rights Act. Authorizes the appointment to the Human Rights Commission of board members having 4 years of professional experience working for community organizations or community affairs organizations. Makes other changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Enrolled - Dead) 2023-01-10 - Passed Both Houses [HB1563 Detail]
Download: Illinois-2021-HB1563-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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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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15 | (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
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16 | Sec. 7.01.
The Council shall consist of 31 voting members, | ||||||
17 | including: two Senators
appointed by the President of the | ||||||
18 | Senate; two Senators appointed by the
Senate Minority Leader; | ||||||
19 | two Representatives appointed by the Speaker of the
House of | ||||||
20 | Representatives; two Representatives appointed by the House
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21 | Minority Leader; and twenty three citizen members, at least |
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1 | sixteen of whom
shall be senior citizens or have actual | ||||||
2 | experience in providing services to senior citizens . Of the | ||||||
3 | citizen members, at least 7 shall represent underrepresented | ||||||
4 | communities as follows:
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5 | (1) one member who is a lesbian, gay, bisexual, or | ||||||
6 | queer individual; | ||||||
7 | (2) one member who is a transgender or | ||||||
8 | gender-expansive individual; | ||||||
9 | (3) one member who is a person living with HIV; | ||||||
10 | (4) one member who is an African-American or Black | ||||||
11 | individual; | ||||||
12 | (5) one member who is a Hispanic or Latino individual; | ||||||
13 | (6) one member who is an Asian-American or Pacific | ||||||
14 | Islander individual; and | ||||||
15 | (7) one member who is an ethnically diverse | ||||||
16 | individual. | ||||||
17 | (Source: P.A. 102-885, eff. 5-16-22.)
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18 | Section 30. The Department of Central Management Services | ||||||
19 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
20 | changing Section 405-413 as follows:
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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 45. The Department of Public Health Powers and | ||||||
24 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
25 | amended by changing Section 2310-347 as follows:
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1 | (20 ILCS 2310/2310-347)
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2 | Sec. 2310-347. The Carolyn Adams Ticket For The Cure | ||||||
3 | Board. | ||||||
4 | (a) The Carolyn Adams Ticket For The Cure Board is created | ||||||
5 | as an advisory board within the Department. Until 30 days | ||||||
6 | after the effective date of this amendatory Act of the 97th | ||||||
7 | General Assembly, the Board may consist of 10 members as | ||||||
8 | follows: 2 members appointed by the President of the Senate; 2 | ||||||
9 | members appointed by the Minority Leader of the Senate; 2 | ||||||
10 | members appointed by the Speaker of the House of | ||||||
11 | Representatives; 2 members appointed by the Minority Leader of | ||||||
12 | the House of Representatives; and 2 members appointed by the | ||||||
13 | Governor with the advice and consent of the Senate, one of whom | ||||||
14 | shall be designated as chair of the Board at the time of | ||||||
15 | appointment. | ||||||
16 | (a-5) Notwithstanding any provision of this Article to the | ||||||
17 | contrary, the term of office of each current Board member ends | ||||||
18 | 30 days after the effective date of this amendatory Act of the | ||||||
19 | 97th General Assembly or when his or her successor is | ||||||
20 | appointed and qualified, whichever occurs sooner. No later | ||||||
21 | than 30 days after the effective date of this amendatory Act of | ||||||
22 | the 97th General Assembly, the Board shall consist of 10 newly | ||||||
23 | appointed members. Four of the Board members shall be members | ||||||
24 | of the General Assembly and appointed as follows: one member | ||||||
25 | appointed by the President of the Senate; one member appointed |
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1 | by the Minority Leader of the Senate; one member appointed by | ||||||
2 | the Speaker of the House of Representatives; and one member | ||||||
3 | appointed by the Minority Leader of the House of | ||||||
4 | Representatives. | ||||||
5 | Six of the Board members shall be appointed by the | ||||||
6 | Director of the Department of Public Health, who shall | ||||||
7 | designate one of these appointed members as chair of the Board | ||||||
8 | at the time of his or her appointment. These 6 members | ||||||
9 | appointed by the Director shall reflect the population with | ||||||
10 | regard to ethnic, racial, and geographical composition and | ||||||
11 | shall include the following individuals: one breast cancer | ||||||
12 | survivor; one physician specializing in breast cancer or | ||||||
13 | related medical issues; one breast cancer researcher; one | ||||||
14 | representative from a breast cancer organization; one | ||||||
15 | individual who operates a patient navigation program at a | ||||||
16 | major hospital or health system; and one breast cancer | ||||||
17 | professional that may include, but not be limited to, a | ||||||
18 | genetics counselor, a social worker, a detain, an occupational | ||||||
19 | therapist, or a nurse. | ||||||
20 | A Board member whose term has expired may continue to | ||||||
21 | serve until a successor is appointed. A Board member who is not | ||||||
22 | a member of the General Assembly may serve 2 consecutive | ||||||
23 | 3-year terms and shall not be reappointed for 3 years after the | ||||||
24 | completion of those consecutive terms. | ||||||
25 | (b) Board members shall serve without compensation but may | ||||||
26 | be reimbursed for their reasonable travel expenses incurred in |
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1 | performing their duties from funds available for that purpose. | ||||||
2 | The Department shall provide staff and administrative support | ||||||
3 | services to the Board. | ||||||
4 | (c) The Board may advise: | ||||||
5 | (i) the Department of Revenue in designing and | ||||||
6 | promoting the Carolyn Adams Ticket For The Cure special | ||||||
7 | instant scratch-off lottery game; | ||||||
8 | (ii) the Department in reviewing grant applications; | ||||||
9 | and | ||||||
10 | (iii) the Director on the final award of grants from | ||||||
11 | amounts appropriated from the Carolyn Adams Ticket For The | ||||||
12 | Cure Grant Fund, to public or private entities in Illinois | ||||||
13 | that reflect the population with regard to ethnic, racial, | ||||||
14 | and geographic geographical composition for the purpose of | ||||||
15 | funding breast cancer research and supportive services for | ||||||
16 | breast cancer survivors and those impacted by breast | ||||||
17 | cancer and breast cancer education. In awarding grants, | ||||||
18 | the Department shall consider criteria that includes, but | ||||||
19 | is not limited to, projects and initiatives that address | ||||||
20 | disparities in incidence and mortality rates of breast | ||||||
21 | cancer, based on data from the Illinois Cancer Registry, | ||||||
22 | and populations facing barriers to care in accordance with | ||||||
23 | Section 21.5 of the Illinois Lottery Law. | ||||||
24 | (c-5) The Department shall submit a report to the Governor | ||||||
25 | and the General Assembly by December 31 of each year. The | ||||||
26 | report shall provide a summary of the Carolyn Adams Ticket for |
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1 | the Cure lottery ticket sales, grants awarded, and the | ||||||
2 | accomplishments of the grantees. | ||||||
3 | (d) The Board is discontinued on June 30, 2027.
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4 | (Source: P.A. 99-917, eff. 12-30-16.)
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5 | Section 55. The Illinois Criminal Justice Information Act | ||||||
6 | is amended by changing Section 4 as follows:
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7 | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) | ||||||
8 | Sec. 4. Illinois Criminal Justice Information Authority; | ||||||
9 | creation,
membership, and meetings. There is created an | ||||||
10 | Illinois Criminal Justice
Information Authority consisting of | ||||||
11 | 25 members. The membership of
the
Authority shall consist of : | ||||||
12 | (1) the Illinois Attorney General , or the Illinois | ||||||
13 | Attorney General's his or her
designee ; , | ||||||
14 | (2) the Director of Corrections or the Director's | ||||||
15 | designee; , | ||||||
16 | (3) the Director
of the Illinois State Police or the | ||||||
17 | Director's designee; , | ||||||
18 | (4) the Director of Public Health or the Director's | ||||||
19 | designee; , | ||||||
20 | (5) the Director of Children and Family Services or | ||||||
21 | the Director's designee; , | ||||||
22 | (6) the Sheriff of Cook County or the Sheriff's | ||||||
23 | designee; , | ||||||
24 | (7) the
State's Attorney of Cook County or the State's |
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1 | Attorney's designee; , | ||||||
2 | (8) the clerk of the circuit court of Cook
County or | ||||||
3 | the clerk's designee; , | ||||||
4 | (9) the President of the Cook County Board of | ||||||
5 | Commissioners or the President's designee; , | ||||||
6 | (10) the Superintendent of the Chicago Police
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7 | Department or the Superintendent's designee; , | ||||||
8 | (11) the Director of the Office of the State's | ||||||
9 | Attorneys Appellate
Prosecutor or the Director's | ||||||
10 | designee; , | ||||||
11 | (12) the Executive Director of the Illinois Law | ||||||
12 | Enforcement Training
Standards Board or the Executive | ||||||
13 | Director's designee; , | ||||||
14 | (13) the State Appellate Defender or the State | ||||||
15 | Appellate Defender's designee; , | ||||||
16 | (14) the Public Defender of Cook County or the Public | ||||||
17 | Defender's designee; , and | ||||||
18 | (15) the following additional
members, each of whom
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19 | shall be appointed by the Governor: | ||||||
20 | (A) a circuit court clerk ; , | ||||||
21 | (B) a sheriff ; ,
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22 | (C) a State's Attorney of a
county other than | ||||||
23 | Cook ; , | ||||||
24 | (D) a Public Defender of a county other than | ||||||
25 | Cook ; , | ||||||
26 | (E) a chief of police ; , and |
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1 | (F) 6 members of the
general public. | ||||||
2 | Members appointed on and after the effective date of this | ||||||
3 | amendatory Act of the 98th General Assembly shall be confirmed | ||||||
4 | by the Senate. | ||||||
5 | The Governor from time to time shall designate a Chairman | ||||||
6 | of the Authority
from the membership. All members of the | ||||||
7 | Authority appointed by the Governor
shall serve at the | ||||||
8 | pleasure of the Governor for a term not to exceed 4 years.
The | ||||||
9 | initial appointed members of the Authority shall serve from | ||||||
10 | January,
1983 until the third Monday in January, 1987 or until | ||||||
11 | their successors are
appointed. | ||||||
12 | The Authority shall meet at least quarterly, and all | ||||||
13 | meetings of the
Authority shall be called by the Chairman. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.)
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15 | Section 60. The Blue-Ribbon Commission on Transportation | ||||||
16 | Infrastructure and Policy Act is amended by changing Sections | ||||||
17 | 10, 15, 25, and 30 as follows:
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18 | (20 ILCS 4116/10) | ||||||
19 | (Section scheduled to be repealed on February 1, 2023)
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20 | Sec. 10. Commission created. | ||||||
21 | (a) The Blue-Ribbon Commission on Transportation | ||||||
22 | Infrastructure Funding and Policy is created within the | ||||||
23 | Department of Transportation consisting of members appointed | ||||||
24 | as follows: |
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1 | (1) Four members of the House of Representatives, with | ||||||
2 | 2 to be appointed by the Speaker of the House of | ||||||
3 | Representatives and 2 to be appointed by the Minority | ||||||
4 | Leader of the House of Representatives. | ||||||
5 | (2) Four members of the Senate, with 2 to be appointed | ||||||
6 | by the President of the Senate and 2 to be appointed by the | ||||||
7 | Minority Leader of the Senate. | ||||||
8 | (3) Eight members appointed by the Governor with the | ||||||
9 | advice and consent of the Senate. | ||||||
10 | (4) The chair of the Commission to be appointed by the | ||||||
11 | Governor from among his 8 appointments. | ||||||
12 | (b) Members shall have expertise, knowledge, or experience | ||||||
13 | in transportation infrastructure development, construction, | ||||||
14 | workforce, or policy. Members shall also represent a diverse | ||||||
15 | set of sectors, including the labor, engineering, | ||||||
16 | construction, transit, active transportation, rail, air, or | ||||||
17 | other sectors, and shall include participants of the | ||||||
18 | Disadvantaged Business Enterprise Program. No more than 2 | ||||||
19 | appointees shall be members of the same sector. | ||||||
20 | (c) Members shall represent geographically diverse regions | ||||||
21 | of the State. | ||||||
22 | (d) Members shall be appointed by January 31, 2023 May 31, | ||||||
23 | 2022 .
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24 | (Source: P.A. 102-988, eff. 5-27-22.)
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25 | (20 ILCS 4116/15) |
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1 | (Section scheduled to be repealed on February 1, 2023)
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2 | Sec. 15. Meetings. The Commission shall hold its first | ||||||
3 | meeting by February 15, 2023 within 2 months from the | ||||||
4 | effective date of this Act . The Commission may conduct | ||||||
5 | meetings at such places and at such times as it may deem | ||||||
6 | necessary or convenient to enable it to exercise fully and | ||||||
7 | effectively its powers, perform its duties, and accomplish its | ||||||
8 | objectives and purposes.
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9 | (Source: P.A. 102-988, eff. 5-27-22.)
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10 | (20 ILCS 4116/25) | ||||||
11 | (Section scheduled to be repealed on February 1, 2023)
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12 | Sec. 25. Report. The Commission shall direct the Illinois | ||||||
13 | Department of Transportation to enter into a contract with a | ||||||
14 | third party to assist the Commission in producing a document | ||||||
15 | that evaluates the topics under this Act and outline formal | ||||||
16 | recommendations that can be acted upon by the General | ||||||
17 | Assembly. The Commission shall report a summary of its | ||||||
18 | activities and produce a final report of the data, findings, | ||||||
19 | and recommendations to the General Assembly by September 15, | ||||||
20 | 2023 January 31, 2023 . The final report shall include | ||||||
21 | specific, actionable recommendations for legislation and | ||||||
22 | organizational adjustments. The final report may include | ||||||
23 | recommendations for pilot programs to test alternatives. The | ||||||
24 | final report and recommendations shall also include any | ||||||
25 | minority and individual views of task force members.
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1 | (Source: P.A. 102-988, eff. 5-27-22.)
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2 | (20 ILCS 4116/30) | ||||||
3 | (Section scheduled to be repealed on February 1, 2023)
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4 | Sec. 30. Repeal. This Commission is dissolved, and this | ||||||
5 | Act is repealed , on September 30, 2023 February 1, 2023 .
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6 | (Source: P.A. 102-988, eff. 5-27-22.)
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7 | Section 65. The Renewable Energy Component Recycling Task | ||||||
8 | Force Act is amended by changing Section 10 as follows:
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9 | (20 ILCS 4118/10) | ||||||
10 | (Section scheduled to be repealed on December 31, 2025)
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11 | Sec. 10. The Renewable Energy Component Recycling Task | ||||||
12 | Force.
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13 | (a) The Renewable Energy Component Recycling Task Force, | ||||||
14 | hereinafter referred to as the REC Recycling Task Force, is | ||||||
15 | hereby established.
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16 | (b) The REC Recycling Task Force shall consist of the | ||||||
17 | following members:
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18 | (1) The Director of the Environmental Protection | ||||||
19 | Agency or his or her designee;
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20 | (2) The Chair of the Illinois Commerce Commission or | ||||||
21 | his or her designee;
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22 | (3) The Director of the Illinois Power Agency or his | ||||||
23 | or her designee;
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1 | (4) Four members appointed by the Governor, including | ||||||
2 | one representing a solid waste disposal organization, one | ||||||
3 | representing a renewable energy organization, and one | ||||||
4 | representing an environmental advocacy organization;
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5 | (5) Two members appointed by the President of the | ||||||
6 | Senate , one representing a solid waste disposal | ||||||
7 | organization and one representing a renewable energy | ||||||
8 | organization ;
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9 | (6) Two members appointed by the Minority Leader of | ||||||
10 | the Senate , one representing a solid waste disposal | ||||||
11 | organization and one representing a renewable energy | ||||||
12 | organization ;
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13 | (7) Two members appointed by the Speaker of the House | ||||||
14 | of Representatives , one representing a solid waste | ||||||
15 | disposal organization and one representing a renewable | ||||||
16 | energy organization ; and
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17 | (8) Two members appointed by the Minority Leader of | ||||||
18 | the House of Representatives , one representing a solid | ||||||
19 | waste disposal organization and one representing a | ||||||
20 | renewable energy organization .
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21 | (c) The REC Recycling Task Force shall meet at the call of | ||||||
22 | the Chair at least quarterly to fulfill its duties under this | ||||||
23 | Act. At the first meeting of the REC Recycling Task Force, the | ||||||
24 | Task Force shall elect from among its members a Chair and such | ||||||
25 | other officers as it may choose.
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26 | (d) The Environmental Protection Agency shall coordinate |
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1 | meetings for and provide other logistical assistance to the | ||||||
2 | REC Recycling Task Force. The Agency may, upon request by the | ||||||
3 | Task Force, arrange to have outside experts provide research | ||||||
4 | assistance, technical support, and assistance in the | ||||||
5 | preparation of reports for the REC Recycling Task Force. | ||||||
6 | Notwithstanding any law to the contrary, the Environmental | ||||||
7 | Protection Agency may use moneys from the Solid Waste | ||||||
8 | Management Fund to fulfill its obligations under this Section, | ||||||
9 | including any obligation it may have to arrange to have | ||||||
10 | outside experts provide support and assistance to the Task | ||||||
11 | Force pursuant to this subsection. | ||||||
12 | (e) Members of the REC Recycling Task Force shall serve | ||||||
13 | without compensation , but the Task Force may, within the | ||||||
14 | limits of any funds appropriated or otherwise made available | ||||||
15 | to it, reimburse its members for actual and necessary expenses | ||||||
16 | incurred in the discharge of their Task Force duties.
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17 | (Source: P.A. 102-1025, eff. 5-27-22.)
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18 | Section 70. The Illinois Indian American Advisory Council | ||||||
19 | Act is amended by changing Section 1, 5, 10, 15, 20, and 25 as | ||||||
20 | follows:
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21 | (20 ILCS 4120/1)
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22 | Sec. 1. Short title. This Act may be cited as the Illinois | ||||||
23 | South Asian Indian American Advisory Council Act.
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24 | (Source: P.A. 102-1058, eff. 1-1-23 .)
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1 | (20 ILCS 4120/5)
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2 | Sec. 5. Definitions.
As used in this Act:
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3 | "South Asian" "Indian" means a person descended from any | ||||||
4 | of the countries of the South Asian subcontinent that are not | ||||||
5 | primarily Muslim in character, including India, Bhutan, Nepal, | ||||||
6 | and Sri Lanka .
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7 | "Council" means the Illinois South Asian Indian American | ||||||
8 | Advisory Council created by this Act.
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9 | (Source: P.A. 102-1058, eff. 1-1-23 .)
| ||||||
10 | (20 ILCS 4120/10)
| ||||||
11 | Sec. 10. Illinois South Asian Indian American Advisory | ||||||
12 | Council. There is hereby created the Illinois South Asian | ||||||
13 | Indian American Advisory Council. The purpose of the Council | ||||||
14 | is to advise the Governor and the General Assembly on policy | ||||||
15 | issues impacting South Asian Indian Americans and immigrants; | ||||||
16 | to advance the role and civic participation of South Asian | ||||||
17 | Indian Americans in this State; to enhance trade and | ||||||
18 | cooperation between South Asian Indian-majority countries and | ||||||
19 | this State; and, in cooperation with State agencies, boards, | ||||||
20 | and commissions, to build relationships with and disseminate | ||||||
21 | information to South Asian Indian American and immigrant | ||||||
22 | communities across this State.
| ||||||
23 | (Source: P.A. 102-1058, eff. 1-1-23 .)
|
| |||||||
| |||||||
1 | (20 ILCS 4120/15)
| ||||||
2 | Sec. 15. Council members.
| ||||||
3 | (a) The Council shall consist of 21 voting members. The | ||||||
4 | Governor shall appoint one voting member, who shall act as the | ||||||
5 | chairperson of the Council and serve as the representative of | ||||||
6 | the Office of the Governor. The Governor, the President of the | ||||||
7 | Senate, the Speaker of the House of Representatives, the | ||||||
8 | Minority Leader of the Senate, and the Minority Leader of the | ||||||
9 | House of Representatives shall each appoint 4 members of the | ||||||
10 | public to the Council, who shall also serve as voting members. | ||||||
11 | (b) Appointing authorities shall ensure, to the maximum | ||||||
12 | extent practicable, that the Council is diverse with respect | ||||||
13 | to race, ethnicity, age, gender, faith, sexual orientation, | ||||||
14 | language, country of origin, and geography.
| ||||||
15 | (c) Appointments to the Council shall be persons of | ||||||
16 | recognized ability and experience in one or more of the | ||||||
17 | following areas: higher education, business, international | ||||||
18 | trade, law, social services, human services, immigration, | ||||||
19 | refugee services, community development, or health care.
| ||||||
20 | (d) Appointed members of the Council shall serve 2-year | ||||||
21 | terms. A member shall serve until his or her successor shall be | ||||||
22 | appointed. Members of the Council shall not be entitled to | ||||||
23 | compensation for their services as members.
| ||||||
24 | (e) The following officials shall serve as ex officio, | ||||||
25 | nonvoting members of the Council: the Deputy Director of the | ||||||
26 | Office of Trade and Investment within the Department of |
| |||||||
| |||||||
1 | Commerce and Economic Opportunity, or his or her designee, and | ||||||
2 | the Chief of the Bureau of Refugee and Immigrant Services | ||||||
3 | within the Department of Human Services, or his or her | ||||||
4 | designee.
| ||||||
5 | The following State agencies shall also each appoint a | ||||||
6 | liaison to serve as an ex officio, nonvoting member members of | ||||||
7 | the Council: the Department of Commerce and Economic | ||||||
8 | Opportunity, the Department of Financial and Professional | ||||||
9 | Regulation, the Department of Human Services, the Department | ||||||
10 | on Aging, the Department of Children and Family Services, the | ||||||
11 | Department of Healthcare and Family Services, the Department | ||||||
12 | of Public Health, the Department of Central Management | ||||||
13 | Services, the Illinois State Board of Education, the Illinois | ||||||
14 | Board of Higher Education, and the Illinois Community College | ||||||
15 | Board.
| ||||||
16 | (f) The Council may establish committees that address | ||||||
17 | certain issues, including, but not limited to, communications, | ||||||
18 | economic development, and legislative affairs.
| ||||||
19 | (g) (Blank). The Office of the Governor shall provide | ||||||
20 | administrative and technical support to the Council, including | ||||||
21 | a staff member to serve as ethics officer.
| ||||||
22 | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
| ||||||
23 | (20 ILCS 4120/20)
| ||||||
24 | Sec. 20. Meetings. The Council shall meet at least once | ||||||
25 | per each calendar quarter. In addition, the Council may hold |
| |||||||
| |||||||
1 | up to 2 public hearings annually to assist in the development | ||||||
2 | of policy recommendations to the Governor and the General | ||||||
3 | Assembly. All meetings of the Council shall be conducted in | ||||||
4 | accordance with the Open Meetings Act. Eleven members of the | ||||||
5 | Council shall constitute a quorum.
| ||||||
6 | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
| ||||||
7 | (20 ILCS 4120/25)
| ||||||
8 | Sec. 25. Reports.
| ||||||
9 | (a) The Council shall issue semi-annual reports on its | ||||||
10 | policy recommendations to the Governor and the General | ||||||
11 | Assembly by June 30th and December 31st of each year.
| ||||||
12 | (b) The reports on policy recommendations shall focus on, | ||||||
13 | but are not limited to, the following: (i) policy issues | ||||||
14 | impacting South Asian Indian Americans and immigrants; (ii) | ||||||
15 | advancement of the role and civic participation of South Asian | ||||||
16 | Indian Americans in this State; (iii) enhancement of trade and | ||||||
17 | cooperation between South Asian Indian-majority countries and | ||||||
18 | this State; and (iv) building relationships with and | ||||||
19 | disseminating information to, in cooperation with State | ||||||
20 | agencies, boards, and commissions, South Asian Indian American | ||||||
21 | and immigrant communities across this State.
| ||||||
22 | (Source: P.A. 102-1058, eff. 1-1-23 .)
| ||||||
23 | Section 75. The Hydrogen Economy Act is amended by | ||||||
24 | changing Section 95 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 4122/95) | ||||||
2 | (Section scheduled to be repealed on June 1, 2023)
| ||||||
3 | Sec. 95. Repealer. This Act is repealed on June 1, 2026 | ||||||
4 | 2023 .
| ||||||
5 | (Source: P.A. 102-1086, eff. 6-10-22.)
| ||||||
6 | Section 80. The Human Trafficking Task Force Act is | ||||||
7 | amended by changing Section 5 as follows:
| ||||||
8 | (20 ILCS 5086/5) | ||||||
9 | (Section scheduled to be repealed on July 1, 2024)
| ||||||
10 | Sec. 5. Human Trafficking Task Force created. | ||||||
11 | (a) There is created the Human Trafficking Task Force to | ||||||
12 | address the growing problem of human trafficking across this | ||||||
13 | State. The Human Trafficking Task Force shall consist of the | ||||||
14 | following persons: | ||||||
15 | (1) five three members of the House of | ||||||
16 | Representatives, appointed by the Speaker of the House of | ||||||
17 | Representatives;
| ||||||
18 | (2) five three members of the House of | ||||||
19 | Representatives, appointed by the Minority Leader of the | ||||||
20 | House of Representatives;
| ||||||
21 | (3) five three members of the Senate, appointed by the | ||||||
22 | President of the Senate; | ||||||
23 | (4) five three members of the Senate, appointed by the |
| |||||||
| |||||||
1 | Minority Leader of the Senate; | ||||||
2 | (5) one representative of the Cook County Human | ||||||
3 | Trafficking Task Force, appointed by the Governor; and | ||||||
4 | (6) one representative of the Central Illinois Human | ||||||
5 | Trafficking Task Force, appointed by the Governor. | ||||||
6 | (b) The Task Force shall include the following ex officio | ||||||
7 | members: | ||||||
8 | (1) the Director of the Illinois State Police, or his | ||||||
9 | or her designee; | ||||||
10 | (2) the Director of the Department of Children and | ||||||
11 | Family Services, or his or her designee; | ||||||
12 | (3) the Secretary of the Department of Human Services, | ||||||
13 | or his or her designee; and | ||||||
14 | (4) the Director of the Department of Healthcare and | ||||||
15 | Family Services, or his or her designee. | ||||||
16 | (c) Members of the Human Trafficking Task Force shall | ||||||
17 | serve without compensation.
| ||||||
18 | (Source: P.A. 102-323, eff. 8-6-21.)
| ||||||
19 | Section 85. The Illinois Muslim American Advisory Council | ||||||
20 | Act is amended by changing Section 20 as follows:
| ||||||
21 | (20 ILCS 5110/20)
| ||||||
22 | Sec. 20. Council members. | ||||||
23 | (a) The Council shall consist of 21 members. The Governor | ||||||
24 | shall appoint one member to be the representative of the |
| |||||||
| |||||||
1 | Office of the Governor. The Governor, the President of the | ||||||
2 | Senate, the Speaker of the House of Representatives, the | ||||||
3 | Minority Leader of the Senate, and the Minority Leader of the | ||||||
4 | House of Representatives shall also each appoint 4 public | ||||||
5 | members to the Council. The Governor shall select the | ||||||
6 | chairperson of the Council from among the members. | ||||||
7 | (b) Appointing authorities shall ensure, to the maximum | ||||||
8 | extent practicable, that the Council is diverse with respect | ||||||
9 | to race, ethnicity, age, gender, and geography. | ||||||
10 | (c) Appointments to the Council shall be persons of | ||||||
11 | recognized ability and experience in one or more of the | ||||||
12 | following areas: higher education, business, international | ||||||
13 | trade, law, social services, human services, immigration, | ||||||
14 | refugee services, community development, or healthcare. | ||||||
15 | (d) Members of the Council shall serve 2-year terms. A | ||||||
16 | member shall serve until his or her successor shall be | ||||||
17 | appointed. Members of the Council shall not be entitled to | ||||||
18 | compensation for their services as members. | ||||||
19 | (e) The following officials shall serve as ex officio | ||||||
20 | ex-officio members: the Deputy Director of the Office of Trade | ||||||
21 | and Investment within the Department of Commerce and Economic | ||||||
22 | Opportunity, or his or her designee, and the Chief of the | ||||||
23 | Bureau of Refugee and Immigrant Services within the Department | ||||||
24 | of Human Services, or his or her designee. In addition, the | ||||||
25 | Department on Aging, the Department of Children and Family | ||||||
26 | Services, the Department of Healthcare and Family Services, |
| |||||||
| |||||||
1 | the Department of Public Health, the Department of Central | ||||||
2 | Management Services, the Board of Education, the Board of | ||||||
3 | Higher Education, and the Community College Board shall each | ||||||
4 | appoint a liaison to serve as an ex officio ex-officio member | ||||||
5 | of the Council. | ||||||
6 | (f) The Council may establish committees that address | ||||||
7 | certain issues, including, but not limited to, communications, | ||||||
8 | economic development, and legislative affairs. | ||||||
9 | (g) (Blank). The Office of the Governor shall provide | ||||||
10 | administrative and technical support to the Council, including | ||||||
11 | a staff member to serve as ethics officer.
| ||||||
12 | (Source: P.A. 100-459, eff. 8-25-17.)
| ||||||
13 | Section 90. The Metropolitan Pier and Exposition Authority | ||||||
14 | Act is amended by changing Section 14 as follows:
| ||||||
15 | (70 ILCS 210/14) (from Ch. 85, par. 1234) | ||||||
16 | Sec. 14. Board; compensation. The governing and | ||||||
17 | administrative body of the Authority shall be a
board known as | ||||||
18 | the Metropolitan Pier and Exposition Board. On the effective | ||||||
19 | date of this amendatory Act of the 96th General Assembly, the | ||||||
20 | Trustee shall assume the duties and powers of the Board for a | ||||||
21 | period of 18 months or until the Board is fully constituted, | ||||||
22 | whichever is later. Any action requiring Board approval shall | ||||||
23 | be deemed approved by the Board if the Trustee approves the | ||||||
24 | action in accordance with Section 14.5. Beginning the first |
| |||||||
| |||||||
1 | Monday of the month occurring 18 months after the effective | ||||||
2 | date of this amendatory Act of the 96th General Assembly and | ||||||
3 | until the effective date of this amendatory Act of the 102nd | ||||||
4 | General Assembly , the Board shall consist of 9 members. On and | ||||||
5 | after the effective date of this amendatory Act of the 102nd | ||||||
6 | General Assembly, the Board shall consist of 11 members. The | ||||||
7 | Governor shall appoint 5 4 members to the Board, subject to the | ||||||
8 | advice and consent of the Senate. The Mayor shall appoint 5 4 | ||||||
9 | members to the Board. At least one member of the Board shall | ||||||
10 | represent the interests of labor , and at least one member of | ||||||
11 | the Board shall represent the interests of the convention | ||||||
12 | industry. A majority of the members appointed by the Governor | ||||||
13 | and Mayor shall appoint a ninth member to serve as the | ||||||
14 | chairperson until the chairperson's term expires on or after | ||||||
15 | the effective date of this amendatory Act of the 102nd General | ||||||
16 | Assembly, at which time, a majority of the members appointed | ||||||
17 | by the Governor and Mayor shall appoint an eleventh member to | ||||||
18 | serve as the chairperson . The Board shall be fully constituted | ||||||
19 | when a quorum has been appointed. The members of
the board | ||||||
20 | shall be individuals of generally recognized ability and
| ||||||
21 | integrity. No member of the Board may be (i) an
officer or | ||||||
22 | employee of, or a member of a board, commission or authority | ||||||
23 | of,
the State, any unit of local government or any school | ||||||
24 | district or (ii) a person who served on the Board prior to the | ||||||
25 | effective date of this amendatory Act of the 96th General | ||||||
26 | Assembly. |
| |||||||
| |||||||
1 | Of the initial members appointed by the Governor, one | ||||||
2 | shall serve for a term expiring June 1, 2013, one shall serve | ||||||
3 | for a term expiring June 1, 2014, one shall serve for a term | ||||||
4 | expiring June 1, 2015, and one shall serve for a term expiring | ||||||
5 | June 1, 2016, as determined by the Governor. Of the initial | ||||||
6 | members appointed by the Mayor, one shall serve for a term | ||||||
7 | expiring June 1, 2013, one shall serve for a term expiring June | ||||||
8 | 1, 2014, one shall serve for a term expiring June 1, 2015, and | ||||||
9 | one shall serve for a term expiring June 1, 2016, as determined | ||||||
10 | by the Mayor. The initial chairperson appointed by the Board | ||||||
11 | shall serve a term for a term expiring June 1, 2015. Additional | ||||||
12 | members of the Board appointed pursuant to this amendatory Act | ||||||
13 | of the 102nd General Assembly shall serve for a term expiring | ||||||
14 | on June 1, 2026. Successors shall be appointed to 4-year | ||||||
15 | terms. | ||||||
16 | Members of the Board shall serve without compensation, but | ||||||
17 | shall be reimbursed for actual
expenses incurred by them in | ||||||
18 | the performance of their duties. All members of
the Board and | ||||||
19 | employees of the Authority are subject to the Illinois
| ||||||
20 | Governmental Ethics Act, in accordance with its terms. | ||||||
21 | (Source: P.A. 102-699, eff. 4-19-22.)
| ||||||
22 | Section 95. The Alexander-Cairo Port District Act is | ||||||
23 | amended by changing Sections 95, 100, and 115 as follows:
| ||||||
24 | (70 ILCS 1801/95)
|
| |||||||
| |||||||
1 | Sec. 95. Board members. The governing and administrative | ||||||
2 | body of the Port District shall be a Board consisting of 9 7 | ||||||
3 | members, to be known as the Alexander-Cairo Port District | ||||||
4 | Board. All members of the Board shall be residents of the | ||||||
5 | District , except the member with wetlands mitigation | ||||||
6 | experience and the member with economic development experience | ||||||
7 | do not need to be residents of the District . The members of the | ||||||
8 | Board shall serve without compensation but shall be reimbursed | ||||||
9 | for actual expenses incurred by them in the performance of | ||||||
10 | their duties. However, any member of the Board who is | ||||||
11 | appointed to the office of secretary or treasurer may receive | ||||||
12 | compensation for his or her services as such officer. No | ||||||
13 | member of the Board or employee of the District shall have any | ||||||
14 | private financial interest, profit, or benefit in any | ||||||
15 | contract, work, or business of the District nor in the sale or | ||||||
16 | lease of any property to or from the District.
| ||||||
17 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
18 | (70 ILCS 1801/100)
| ||||||
19 | Sec. 100. Board appointments; terms. The Governor shall | ||||||
20 | appoint 6 4 members of the Board, including one member with | ||||||
21 | wetlands mitigation experience and one member with economic | ||||||
22 | development experience. The member with wetlands mitigation | ||||||
23 | experience and the member with economic development experience | ||||||
24 | do not need to be residents of the District. The the Mayor of | ||||||
25 | the City of Cairo shall appoint one member of the Board, and |
| |||||||
| |||||||
1 | the chairperson of the Alexander County Board, with the advice | ||||||
2 | and consent of the Alexander County Board, shall appoint 2 | ||||||
3 | members of the Board. All initial appointments shall be made | ||||||
4 | within 60 days after this Act takes effect. Of the 4 members | ||||||
5 | initially appointed by the Governor, 2 shall be appointed for | ||||||
6 | initial terms expiring June 1, 2012 and 2 shall be appointed | ||||||
7 | for initial terms expiring June 1, 2013. The term of the member | ||||||
8 | initially appointed by the Mayor shall expire June 1, 2013. Of | ||||||
9 | the 2 members appointed by the Alexander County Board | ||||||
10 | Chairperson, one shall be appointed for an initial term | ||||||
11 | expiring June 1, 2012, and one shall be appointed for an | ||||||
12 | initial term expiring June 1, 2013. Additional members of the | ||||||
13 | Board appointed pursuant to this amendatory Act of the 102nd | ||||||
14 | General Assembly shall serve for a term expiring on June 1, | ||||||
15 | 2025. At the expiration of the term of any member, his or her | ||||||
16 | successor shall be appointed by the Governor, Mayor, or | ||||||
17 | Alexander County Board Chairperson in like manner and with | ||||||
18 | like regard to the place of residence of the appointee, as in | ||||||
19 | the case of appointments for the initial terms. | ||||||
20 | After the expiration of initial terms, each successor | ||||||
21 | shall hold office for the term of 3 years beginning the first | ||||||
22 | day of June of the year in which the term of office commences. | ||||||
23 | In the case of a vacancy during the term of office of any | ||||||
24 | member appointed by the Governor, the Governor shall make an | ||||||
25 | appointment for the remainder of the term vacant and until a | ||||||
26 | successor is appointed and qualified. In the case of a vacancy |
| |||||||
| |||||||
1 | during the term of office of any member appointed by the Mayor, | ||||||
2 | the Mayor shall make an appointment for the remainder of the | ||||||
3 | term vacant and until a successor is appointed and qualified. | ||||||
4 | In the case of a vacancy during the term of office of any | ||||||
5 | member appointed by the Alexander County Board Chairperson, | ||||||
6 | the Alexander County Board Chairperson shall make an | ||||||
7 | appointment for the remainder of the term vacant and until a | ||||||
8 | successor is appointed and qualified. The Governor, Mayor, and | ||||||
9 | Alexander County Board Chairperson shall certify their | ||||||
10 | respective appointments to the Secretary of State. Within 30 | ||||||
11 | days after certification of his or her appointment, and before | ||||||
12 | entering upon the duties of his or her office, each member of | ||||||
13 | the Board shall take and subscribe the constitutional oath of | ||||||
14 | office and file it in the office of the Secretary of State.
| ||||||
15 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
16 | (70 ILCS 1801/115)
| ||||||
17 | Sec. 115. Meetings. Regular meetings of the Board shall be | ||||||
18 | held at least once in each calendar month, the time and place | ||||||
19 | of the meetings to be fixed by the Board. Five Four members of | ||||||
20 | the Board shall constitute a quorum for the transaction of | ||||||
21 | business. All action of the Board shall be by ordinance or | ||||||
22 | resolution and the affirmative vote of at least 5 4 members | ||||||
23 | shall be necessary for the adoption of any ordinance or | ||||||
24 | resolution. All such ordinances and resolutions before taking | ||||||
25 | effect shall be approved by the chairperson of the Board, and |
| |||||||
| |||||||
1 | if he or she approves, the chairperson shall sign the same, and | ||||||
2 | if the chairperson does not approve, the chairperson shall | ||||||
3 | return to the Board with his or her objections in writing at | ||||||
4 | the next regular meeting of the Board occurring after the | ||||||
5 | passage. But in the case the chairperson fails to return any | ||||||
6 | ordinance or resolution with his or her objections within the | ||||||
7 | prescribed time, the chairperson shall be deemed to have | ||||||
8 | approved the ordinance , and it shall take effect accordingly. | ||||||
9 | Upon the return of any ordinance or resolution by the | ||||||
10 | chairperson with his or her objections, the vote shall be | ||||||
11 | reconsidered by the Board, and if, upon reconsideration of the | ||||||
12 | ordinance or resolution, it is passed by the affirmative vote | ||||||
13 | of at least 5 members, it shall go into effect notwithstanding | ||||||
14 | the veto of the chairperson. All ordinances, resolutions, and | ||||||
15 | proceedings of the District and all documents and records in | ||||||
16 | its possession shall be public records, and open to public | ||||||
17 | inspection, except for documents and records that are kept or | ||||||
18 | prepared by the Board for use in negotiations, legal actions, | ||||||
19 | or proceedings to which the District is a party.
| ||||||
20 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
21 | Section 100. The Illinois Gambling Act is amended by | ||||||
22 | changing Section 5 as follows:
| ||||||
23 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
24 | Sec. 5. Gaming Board.
|
| |||||||
| |||||||
1 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
2 | Board, which shall have the powers and duties specified in
| ||||||
3 | this Act, and all other powers necessary and proper to fully | ||||||
4 | and
effectively execute this Act for the purpose of | ||||||
5 | administering, regulating,
and enforcing the system of | ||||||
6 | riverboat and casino gambling established by this Act and | ||||||
7 | gaming pursuant to an organization gaming license issued under | ||||||
8 | this Act. Its
jurisdiction shall extend under this Act to | ||||||
9 | every person, association,
corporation, partnership and trust | ||||||
10 | involved in riverboat and casino gambling
operations and | ||||||
11 | gaming pursuant to an organization gaming license issued under | ||||||
12 | this Act in the State of Illinois.
| ||||||
13 | (2) The Board shall consist of 5 members to be appointed by | ||||||
14 | the Governor
with the advice and consent of the Senate, one of | ||||||
15 | whom shall be designated
by the Governor to be chairperson. | ||||||
16 | Each member shall have a reasonable
knowledge of the practice, | ||||||
17 | procedure and principles of gambling operations.
Each member | ||||||
18 | shall either be a resident of Illinois or shall certify that he | ||||||
19 | or she
will become a resident of Illinois before taking | ||||||
20 | office. | ||||||
21 | On and after the effective date of this amendatory Act of | ||||||
22 | the 101st General Assembly, new appointees to the Board must | ||||||
23 | include the following: | ||||||
24 | (A) One member who has received, at a minimum, a | ||||||
25 | bachelor's degree from an accredited school and at least | ||||||
26 | 10 years of verifiable experience in the fields of |
| |||||||
| |||||||
1 | investigation and law enforcement. | ||||||
2 | (B) One member who is a certified public accountant | ||||||
3 | with experience in auditing and with knowledge of complex | ||||||
4 | corporate structures and transactions. | ||||||
5 | (C) One member who has 5 years' experience as a | ||||||
6 | principal, senior officer, or director of a company or | ||||||
7 | business with either material responsibility for the daily | ||||||
8 | operations and management of the overall company or | ||||||
9 | business or material responsibility for the policy making | ||||||
10 | of the company or business. | ||||||
11 | (D) One member who is an attorney licensed to practice | ||||||
12 | law in Illinois for at least 5 years. | ||||||
13 | Notwithstanding any provision of this subsection (a), the | ||||||
14 | requirements of subparagraphs (A) through (D) of this | ||||||
15 | paragraph (2) shall not apply to any person reappointed | ||||||
16 | pursuant to paragraph (3). | ||||||
17 | No more than 3 members of the Board may be from the same | ||||||
18 | political party. No Board member shall, within a period of one | ||||||
19 | year immediately preceding nomination, have been employed or | ||||||
20 | received compensation or fees for services from a person or | ||||||
21 | entity, or its parent or affiliate, that has engaged in | ||||||
22 | business with the Board, a licensee, or a licensee under the | ||||||
23 | Illinois Horse Racing Act of 1975. Board members must publicly | ||||||
24 | disclose all prior affiliations with gaming interests, | ||||||
25 | including any compensation, fees, bonuses, salaries, and other | ||||||
26 | reimbursement received from a person or entity, or its parent |
| |||||||
| |||||||
1 | or affiliate, that has engaged in business with the Board, a | ||||||
2 | licensee, or a licensee under the Illinois Horse Racing Act of | ||||||
3 | 1975. This disclosure must be made within 30 days after | ||||||
4 | nomination but prior to confirmation by the Senate and must be | ||||||
5 | made available to the members of the Senate.
| ||||||
6 | (3) The terms of office of the Board members shall be 3 | ||||||
7 | years, except
that the terms of office of the initial Board | ||||||
8 | members appointed pursuant to
this Act will commence from the | ||||||
9 | effective date of this Act and run as
follows: one for a term | ||||||
10 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 | ||||||
11 | for a term ending July 1, 1993. Upon the expiration of the
| ||||||
12 | foregoing terms, the successors of such members shall serve a | ||||||
13 | term for 3
years and until their successors are appointed and | ||||||
14 | qualified for like terms.
Vacancies in the Board shall be | ||||||
15 | filled for the unexpired term in like
manner as original | ||||||
16 | appointments. Each member of the Board shall be
eligible for | ||||||
17 | reappointment at the discretion of the Governor with the
| ||||||
18 | advice and consent of the Senate.
| ||||||
19 | (4) Each member of the Board shall receive $300 for each | ||||||
20 | day the
Board meets and for each day the member conducts any | ||||||
21 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
22 | also be reimbursed for all actual
and necessary expenses and | ||||||
23 | disbursements incurred in the execution of official
duties.
| ||||||
24 | (5) No person shall be appointed a member of the Board or | ||||||
25 | continue to be
a member of the Board who is, or whose spouse, | ||||||
26 | child or parent is, a member
of the board of directors of, or a |
| |||||||
| |||||||
1 | person financially interested in, any
gambling operation | ||||||
2 | subject to the jurisdiction of this Board, or any race
track, | ||||||
3 | race meeting, racing association or the operations thereof | ||||||
4 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
5 | Board member shall
hold any other public office. No person | ||||||
6 | shall be a
member of the Board who is not of good moral | ||||||
7 | character or who has been
convicted of, or is under indictment | ||||||
8 | for, a felony under the laws of
Illinois or any other state, or | ||||||
9 | the United States.
| ||||||
10 | (5.5) No member of the Board shall engage in any political | ||||||
11 | activity. For the purposes of this Section, "political" means | ||||||
12 | any activity in support
of or in connection with any campaign | ||||||
13 | for federal, State, or local elective office or any political
| ||||||
14 | organization, but does not include activities (i) relating to | ||||||
15 | the support or
opposition of any executive, legislative, or | ||||||
16 | administrative action (as those
terms are defined in Section 2 | ||||||
17 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
18 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
19 | person's official
State duties or governmental and public | ||||||
20 | service functions.
| ||||||
21 | (6) Any member of the Board may be removed by the Governor | ||||||
22 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
23 | in office or for engaging in any political activity.
| ||||||
24 | (7) Before entering upon the discharge of the duties of | ||||||
25 | his office, each
member of the Board shall take an oath that he | ||||||
26 | will faithfully execute the
duties of his office according to |
| |||||||
| |||||||
1 | the laws of the State and the rules and
regulations adopted | ||||||
2 | therewith and shall give bond to the State of Illinois,
| ||||||
3 | approved by the Governor, in the sum of $25,000. Every such | ||||||
4 | bond, when
duly executed and approved, shall be recorded in | ||||||
5 | the office of the
Secretary of State. Whenever the Governor | ||||||
6 | determines that the bond of any
member of the Board has become | ||||||
7 | or is likely to become invalid or
insufficient, he shall | ||||||
8 | require such member forthwith to renew his bond,
which is to be | ||||||
9 | approved by the Governor. Any member of the Board who fails
to | ||||||
10 | take oath and give bond within 30 days from the date of his | ||||||
11 | appointment,
or who fails to renew his bond within 30 days | ||||||
12 | after it is demanded by the
Governor, shall be guilty of | ||||||
13 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
14 | any bond given by any member of the Board under this
Section | ||||||
15 | shall be taken to be a part of the necessary expenses of the | ||||||
16 | Board.
| ||||||
17 | (7.5) For the examination of all mechanical, | ||||||
18 | electromechanical, or electronic table games, slot machines, | ||||||
19 | slot accounting systems, sports wagering systems, and other | ||||||
20 | electronic gaming equipment, and the field inspection of such | ||||||
21 | systems, games, and machines, for compliance with this Act, | ||||||
22 | the Board shall utilize the services of independent outside | ||||||
23 | testing laboratories that have been accredited in accordance | ||||||
24 | with ISO/IEC 17025 by an accreditation body that is a | ||||||
25 | signatory to the International Laboratory Accreditation | ||||||
26 | Cooperation Mutual Recognition Agreement signifying they are |
| |||||||
| |||||||
1 | qualified to perform such examinations. Notwithstanding any | ||||||
2 | law to the contrary, the Board shall consider the licensing of | ||||||
3 | independent outside testing laboratory applicants in | ||||||
4 | accordance with procedures established by the Board by rule. | ||||||
5 | The Board shall not withhold its approval of an independent | ||||||
6 | outside testing laboratory license applicant that has been | ||||||
7 | accredited as required under this paragraph (7.5) and is | ||||||
8 | licensed in gaming jurisdictions comparable to Illinois. Upon | ||||||
9 | the finalization of required rules, the Board shall license | ||||||
10 | independent testing laboratories and accept the test reports | ||||||
11 | of any licensed testing laboratory of the system's, game's, or | ||||||
12 | machine manufacturer's choice, notwithstanding the existence | ||||||
13 | of contracts between the Board and any independent testing | ||||||
14 | laboratory. | ||||||
15 | (8) The Board shall employ such
personnel as may be | ||||||
16 | necessary to carry out its functions and shall determine the | ||||||
17 | salaries of all personnel, except those personnel whose | ||||||
18 | salaries are determined under the terms of a collective | ||||||
19 | bargaining agreement. No
person shall be employed to serve the | ||||||
20 | Board who is, or whose spouse, parent
or child is, an official | ||||||
21 | of, or has a financial interest in or financial
relation with, | ||||||
22 | any operator engaged in gambling operations within this
State | ||||||
23 | or any organization engaged in conducting horse racing within | ||||||
24 | this
State. For the one year immediately preceding employment, | ||||||
25 | an employee shall not have been employed or received | ||||||
26 | compensation or fees for services from a person or entity, or |
| |||||||
| |||||||
1 | its parent or affiliate, that has engaged in business with the | ||||||
2 | Board, a licensee, or a licensee under the Illinois Horse | ||||||
3 | Racing Act of 1975. Any employee violating these prohibitions | ||||||
4 | shall be subject to
termination of employment.
| ||||||
5 | (9) An Administrator shall perform any and all duties that | ||||||
6 | the Board
shall assign him. The salary of the Administrator | ||||||
7 | shall be determined by
the Board and, in addition,
he shall be | ||||||
8 | reimbursed for all actual and necessary expenses incurred by
| ||||||
9 | him in discharge of his official duties. The Administrator | ||||||
10 | shall keep
records of all proceedings of the Board and shall | ||||||
11 | preserve all records,
books, documents and other papers | ||||||
12 | belonging to the Board or entrusted to
its care. The | ||||||
13 | Administrator shall devote his full time to the duties of
the | ||||||
14 | office and shall not hold any other office or employment.
| ||||||
15 | (b) The Board shall have general responsibility for the | ||||||
16 | implementation
of this Act. Its duties include, without | ||||||
17 | limitation, the following:
| ||||||
18 | (1) To decide promptly and in reasonable order all | ||||||
19 | license applications.
Any party aggrieved by an action of | ||||||
20 | the Board denying, suspending,
revoking, restricting or | ||||||
21 | refusing to renew a license may request a hearing
before | ||||||
22 | the Board. A request for a hearing must be made to the | ||||||
23 | Board in
writing within 5 days after service of notice of | ||||||
24 | the action of the Board.
Notice of the action of the Board | ||||||
25 | shall be served either by personal
delivery or by | ||||||
26 | certified mail, postage prepaid, to the aggrieved party.
|
| |||||||
| |||||||
1 | Notice served by certified mail shall be deemed complete | ||||||
2 | on the business
day following the date of such mailing. | ||||||
3 | The Board shall conduct any such hearings promptly and in | ||||||
4 | reasonable order;
| ||||||
5 | (2) To conduct all hearings pertaining to civil | ||||||
6 | violations of this Act
or rules and regulations | ||||||
7 | promulgated hereunder;
| ||||||
8 | (3) To promulgate such rules and regulations as in its | ||||||
9 | judgment may be
necessary to protect or enhance the | ||||||
10 | credibility and integrity of gambling
operations | ||||||
11 | authorized by this Act and the regulatory process | ||||||
12 | hereunder;
| ||||||
13 | (4) To provide for the establishment and collection of | ||||||
14 | all license and
registration fees and taxes imposed by | ||||||
15 | this Act and the rules and
regulations issued pursuant | ||||||
16 | hereto. All such fees and taxes shall be
deposited into | ||||||
17 | the State Gaming Fund;
| ||||||
18 | (5) To provide for the levy and collection of | ||||||
19 | penalties and fines for the
violation of provisions of | ||||||
20 | this Act and the rules and regulations
promulgated | ||||||
21 | hereunder. All such fines and penalties shall be deposited
| ||||||
22 | into the Education Assistance Fund, created by Public Act | ||||||
23 | 86-0018, of the
State of Illinois;
| ||||||
24 | (6) To be present through its inspectors and agents | ||||||
25 | any time gambling
operations are conducted on any | ||||||
26 | riverboat, in any casino, or at any organization gaming
|
| |||||||
| |||||||
1 | facility for the purpose of certifying the
revenue | ||||||
2 | thereof, receiving complaints from the public, and | ||||||
3 | conducting such
other investigations into the conduct of | ||||||
4 | the gambling games and the
maintenance of the equipment as | ||||||
5 | from time to time the Board may deem
necessary and proper;
| ||||||
6 | (7) To review and rule upon any complaint by a | ||||||
7 | licensee
regarding any investigative procedures of the | ||||||
8 | State which are unnecessarily
disruptive of gambling | ||||||
9 | operations. The need to inspect and investigate
shall be | ||||||
10 | presumed at all times. The disruption of a licensee's | ||||||
11 | operations
shall be proved by clear and convincing | ||||||
12 | evidence, and establish that: (A)
the procedures had no | ||||||
13 | reasonable law enforcement purposes, and (B) the
| ||||||
14 | procedures were so disruptive as to unreasonably inhibit | ||||||
15 | gambling operations;
| ||||||
16 | (8) To hold at least one meeting each quarter of the | ||||||
17 | fiscal
year. In addition, special meetings may be called | ||||||
18 | by the Chairman or any 2
Board members upon 72 hours | ||||||
19 | written notice to each member. All Board
meetings shall be | ||||||
20 | subject to the Open Meetings Act. Three members of the
| ||||||
21 | Board shall constitute a quorum, and 3 votes shall be | ||||||
22 | required for any
final determination by the Board. The | ||||||
23 | Board shall keep a complete and
accurate record of all its | ||||||
24 | meetings. A majority of the members of the Board
shall | ||||||
25 | constitute a quorum for the transaction of any business, | ||||||
26 | for the
performance of any duty, or for the exercise of any |
| |||||||
| |||||||
1 | power which this Act
requires the Board members to | ||||||
2 | transact, perform or exercise en banc, except
that, upon | ||||||
3 | order of the Board, one of the Board members or an
| ||||||
4 | administrative law judge designated by the Board may | ||||||
5 | conduct any hearing
provided for under this Act or by | ||||||
6 | Board rule and may recommend findings and
decisions to the | ||||||
7 | Board. The Board member or administrative law judge
| ||||||
8 | conducting such hearing shall have all powers and rights | ||||||
9 | granted to the
Board in this Act. The record made at the | ||||||
10 | time of the hearing shall be
reviewed by the Board, or a | ||||||
11 | majority thereof, and the findings and decision
of the | ||||||
12 | majority of the Board shall constitute the order of the | ||||||
13 | Board in
such case;
| ||||||
14 | (9) To maintain records which are separate and | ||||||
15 | distinct from the records
of any other State board or | ||||||
16 | commission. Such records shall be available
for public | ||||||
17 | inspection and shall accurately reflect all Board | ||||||
18 | proceedings;
| ||||||
19 | (10) To file a written annual report with the Governor | ||||||
20 | on or before
July 1 each year and such additional reports | ||||||
21 | as the Governor may request.
The annual report shall | ||||||
22 | include a statement of receipts and disbursements
by the | ||||||
23 | Board, actions taken by the Board, and any additional | ||||||
24 | information
and recommendations which the Board may deem | ||||||
25 | valuable or which the Governor
may request;
| ||||||
26 | (11) (Blank);
|
| |||||||
| |||||||
1 | (12) (Blank);
| ||||||
2 | (13) To assume responsibility for administration and | ||||||
3 | enforcement of the
Video Gaming Act; | ||||||
4 | (13.1) To assume responsibility for the administration | ||||||
5 | and enforcement
of operations at organization gaming | ||||||
6 | facilities pursuant to this Act and the
Illinois Horse | ||||||
7 | Racing Act of 1975; | ||||||
8 | (13.2) To assume responsibility for the administration | ||||||
9 | and enforcement
of the Sports Wagering Act; and | ||||||
10 | (14) To adopt, by rule, a code of conduct governing | ||||||
11 | Board members and employees that ensure, to the maximum | ||||||
12 | extent possible, that persons subject to this Code avoid | ||||||
13 | situations, relationships, or associations that may | ||||||
14 | represent or lead to a conflict of interest.
| ||||||
15 | Internal controls and changes submitted by licensees must | ||||||
16 | be reviewed and either approved or denied with cause within 90 | ||||||
17 | days after receipt of submission is deemed final by the | ||||||
18 | Illinois Gaming Board. In the event an internal control | ||||||
19 | submission or change does not meet the standards set by the | ||||||
20 | Board, staff of the Board must provide technical assistance to | ||||||
21 | the licensee to rectify such deficiencies within 90 days after | ||||||
22 | the initial submission and the revised submission must be | ||||||
23 | reviewed and approved or denied with cause within 90 days | ||||||
24 | after the date the revised submission is deemed final by the | ||||||
25 | Board. For the purposes of this paragraph, "with cause" means | ||||||
26 | that the approval of the submission would jeopardize the |
| |||||||
| |||||||
1 | integrity of gaming. In the event the Board staff has not acted | ||||||
2 | within the timeframe, the submission shall be deemed approved. | ||||||
3 | (c) The Board shall have jurisdiction over and shall | ||||||
4 | supervise all
gambling operations governed by this Act. The | ||||||
5 | Board shall have all powers
necessary and proper to fully and | ||||||
6 | effectively execute the provisions of
this Act, including, but | ||||||
7 | not limited to, the following:
| ||||||
8 | (1) To investigate applicants and determine the | ||||||
9 | eligibility of
applicants for licenses and to select among | ||||||
10 | competing applicants the
applicants which best serve the | ||||||
11 | interests of the citizens of Illinois.
| ||||||
12 | (2) To have jurisdiction and supervision over all | ||||||
13 | riverboat gambling
operations authorized under this Act | ||||||
14 | and all persons in places where gambling
operations are | ||||||
15 | conducted.
| ||||||
16 | (3) To promulgate rules and regulations for the | ||||||
17 | purpose of administering
the provisions of this Act and to | ||||||
18 | prescribe rules, regulations and
conditions under which | ||||||
19 | all gambling operations subject to this
Act shall be
| ||||||
20 | conducted. Such rules and regulations are to provide for | ||||||
21 | the prevention of
practices detrimental to the public | ||||||
22 | interest and for the best interests of
riverboat gambling, | ||||||
23 | including rules and regulations regarding the
inspection | ||||||
24 | of organization gaming facilities, casinos, and | ||||||
25 | riverboats, and the review of any permits or licenses
| ||||||
26 | necessary to operate a riverboat, casino, or organization |
| |||||||
| |||||||
1 | gaming facility under any laws or regulations applicable
| ||||||
2 | to riverboats, casinos, or organization gaming facilities | ||||||
3 | and to impose penalties for violations thereof.
| ||||||
4 | (4) To enter the office, riverboats, casinos, | ||||||
5 | organization gaming facilities, and
other facilities, or | ||||||
6 | other
places of business of a licensee, where evidence of | ||||||
7 | the compliance or
noncompliance with the provisions of | ||||||
8 | this Act is likely to be found.
| ||||||
9 | (5) To investigate alleged violations of this Act or | ||||||
10 | the
rules of the Board and to take appropriate | ||||||
11 | disciplinary
action against a licensee or a holder of an | ||||||
12 | occupational license for a
violation, or institute | ||||||
13 | appropriate legal action for enforcement, or both.
| ||||||
14 | (6) To adopt standards for the licensing of all | ||||||
15 | persons and entities under this Act,
as well as for | ||||||
16 | electronic or mechanical gambling games, and to establish
| ||||||
17 | fees for such licenses.
| ||||||
18 | (7) To adopt appropriate standards for all | ||||||
19 | organization gaming facilities, riverboats, casinos,
and | ||||||
20 | other facilities authorized under this Act.
| ||||||
21 | (8) To require that the records, including financial | ||||||
22 | or other statements
of any licensee under this Act, shall | ||||||
23 | be kept in such manner as prescribed
by the Board and that | ||||||
24 | any such licensee involved in the ownership or
management | ||||||
25 | of gambling operations submit to the Board an annual | ||||||
26 | balance
sheet and profit and loss statement, list of the |
| |||||||
| |||||||
1 | stockholders or other
persons having a 1% or greater | ||||||
2 | beneficial interest in the gambling
activities of each | ||||||
3 | licensee, and any other information the Board deems
| ||||||
4 | necessary in order to effectively administer this Act and | ||||||
5 | all rules,
regulations, orders and final decisions | ||||||
6 | promulgated under this Act.
| ||||||
7 | (9) To conduct hearings, issue subpoenas for the | ||||||
8 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
9 | production of books, records
and other pertinent documents | ||||||
10 | in accordance with the Illinois
Administrative Procedure | ||||||
11 | Act, and to administer oaths and affirmations to
the | ||||||
12 | witnesses, when, in the judgment of the Board, it is | ||||||
13 | necessary to
administer or enforce this Act or the Board | ||||||
14 | rules.
| ||||||
15 | (10) To prescribe a form to be used by any licensee | ||||||
16 | involved in the
ownership or management of gambling | ||||||
17 | operations as an
application for employment for their | ||||||
18 | employees.
| ||||||
19 | (11) To revoke or suspend licenses, as the Board may | ||||||
20 | see fit and in
compliance with applicable laws of the | ||||||
21 | State regarding administrative
procedures, and to review | ||||||
22 | applications for the renewal of licenses. The
Board may | ||||||
23 | suspend an owners license or an organization gaming | ||||||
24 | license without notice or hearing upon a
determination | ||||||
25 | that the safety or health of patrons or employees is
| ||||||
26 | jeopardized by continuing a gambling operation conducted |
| |||||||
| |||||||
1 | under that license. The suspension may
remain in effect | ||||||
2 | until the Board determines that the cause for suspension
| ||||||
3 | has been abated. The Board may revoke an owners license or | ||||||
4 | organization gaming license upon a
determination that the | ||||||
5 | licensee has not made satisfactory progress toward
abating | ||||||
6 | the hazard.
| ||||||
7 | (12) To eject or exclude or authorize the ejection or | ||||||
8 | exclusion of, any
person from gambling facilities where | ||||||
9 | that person is in violation
of this Act, rules and | ||||||
10 | regulations thereunder, or final orders of the
Board, or | ||||||
11 | where such person's conduct or reputation is such that his | ||||||
12 | or her
presence within the gambling facilities may, in the | ||||||
13 | opinion of
the Board, call into question the honesty and | ||||||
14 | integrity of the gambling
operations or interfere with the | ||||||
15 | orderly conduct thereof; provided that the
propriety of | ||||||
16 | such ejection or exclusion is subject to subsequent | ||||||
17 | hearing
by the Board.
| ||||||
18 | (13) To require all licensees of gambling operations | ||||||
19 | to utilize a
cashless wagering system whereby all players' | ||||||
20 | money is converted to tokens,
electronic cards, or chips | ||||||
21 | which shall be used only for wagering in the
gambling | ||||||
22 | establishment.
| ||||||
23 | (14) (Blank).
| ||||||
24 | (15) To suspend, revoke or restrict licenses, to | ||||||
25 | require the
removal of a licensee or an employee of a | ||||||
26 | licensee for a violation of this
Act or a Board rule or for |
| |||||||
| |||||||
1 | engaging in a fraudulent practice, and to
impose civil | ||||||
2 | penalties of up to $5,000 against individuals and up to
| ||||||
3 | $10,000 or an amount equal to the daily gross receipts, | ||||||
4 | whichever is
larger, against licensees for each violation | ||||||
5 | of any provision of the Act, any rules adopted by the | ||||||
6 | Board, any order of the Board or any other action
which, in | ||||||
7 | the Board's discretion, is a detriment or impediment to
| ||||||
8 | gambling operations.
| ||||||
9 | (16) To hire employees to gather information, conduct | ||||||
10 | investigations
and carry out any other tasks contemplated | ||||||
11 | under this Act.
| ||||||
12 | (17) To establish minimum levels of insurance to be | ||||||
13 | maintained by
licensees.
| ||||||
14 | (18) To authorize a licensee to sell or serve | ||||||
15 | alcoholic liquors, wine or
beer as defined in the Liquor | ||||||
16 | Control Act of 1934 on board a riverboat or in a casino
and | ||||||
17 | to have exclusive authority to establish the hours for | ||||||
18 | sale and
consumption of alcoholic liquor on board a | ||||||
19 | riverboat or in a casino, notwithstanding any
provision of | ||||||
20 | the Liquor Control Act of 1934 or any local ordinance, and
| ||||||
21 | regardless of whether the riverboat makes excursions. The
| ||||||
22 | establishment of the hours for sale and consumption of | ||||||
23 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
24 | exclusive power and function of the State. A home
rule | ||||||
25 | unit may not establish the hours for sale and consumption | ||||||
26 | of alcoholic
liquor on board a riverboat or in a casino. |
| |||||||
| |||||||
1 | This subdivision (18) is a denial and
limitation of home | ||||||
2 | rule powers and functions under subsection (h) of
Section | ||||||
3 | 6 of Article VII of the Illinois Constitution.
| ||||||
4 | (19) After consultation with the U.S. Army Corps of | ||||||
5 | Engineers, to
establish binding emergency orders upon the | ||||||
6 | concurrence of a majority of
the members of the Board | ||||||
7 | regarding the navigability of water, relative to
| ||||||
8 | excursions,
in the event
of extreme weather conditions, | ||||||
9 | acts of God or other extreme circumstances.
| ||||||
10 | (20) To delegate the execution of any of its powers | ||||||
11 | under this Act for
the purpose of administering and | ||||||
12 | enforcing this Act and the rules adopted by the Board.
| ||||||
13 | (20.5) To approve any contract entered into on its | ||||||
14 | behalf.
| ||||||
15 | (20.6) To appoint investigators to conduct | ||||||
16 | investigations, searches, seizures, arrests, and other | ||||||
17 | duties imposed under this Act, as deemed necessary by the | ||||||
18 | Board. These investigators have and may exercise all of | ||||||
19 | the rights and powers of peace officers, provided that | ||||||
20 | these powers shall be limited to offenses or violations | ||||||
21 | occurring or committed in a casino, in an organization | ||||||
22 | gaming facility, or on a riverboat or dock, as defined in | ||||||
23 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
24 | provided by this Act or any other law. | ||||||
25 | (20.7) To contract with the Illinois State Police for | ||||||
26 | the use of trained and qualified State police officers and |
| |||||||
| |||||||
1 | with the Department of Revenue for the use of trained and | ||||||
2 | qualified Department of Revenue investigators to conduct | ||||||
3 | investigations, searches, seizures, arrests, and other | ||||||
4 | duties imposed under this Act and to exercise all of the | ||||||
5 | rights and powers of peace officers, provided that the | ||||||
6 | powers of Department of Revenue investigators under this | ||||||
7 | subdivision (20.7) shall be limited to offenses or | ||||||
8 | violations occurring or committed in a casino, in an | ||||||
9 | organization gaming facility, or on a riverboat or dock, | ||||||
10 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
11 | otherwise provided by this Act or any other law. In the | ||||||
12 | event the Illinois State Police or the Department of | ||||||
13 | Revenue is unable to fill contracted police or | ||||||
14 | investigative positions, the Board may appoint | ||||||
15 | investigators to fill those positions pursuant to | ||||||
16 | subdivision (20.6).
| ||||||
17 | (21) To adopt rules concerning the conduct of gaming | ||||||
18 | pursuant to an organization gaming license issued under | ||||||
19 | this Act. | ||||||
20 | (22) To have the same jurisdiction and supervision | ||||||
21 | over casinos and organization gaming facilities as the | ||||||
22 | Board has over riverboats, including, but not limited to, | ||||||
23 | the power to (i) investigate, review, and approve | ||||||
24 | contracts as that power is applied to riverboats, (ii) | ||||||
25 | adopt rules for administering the provisions of this Act, | ||||||
26 | (iii) adopt standards for the licensing of all persons |
| |||||||
| |||||||
1 | involved with a casino or organization gaming facility, | ||||||
2 | (iv) investigate alleged violations of this Act by any | ||||||
3 | person involved with a casino or organization gaming | ||||||
4 | facility, and (v) require that records, including | ||||||
5 | financial or other statements of any casino or | ||||||
6 | organization gaming facility, shall be kept in such manner | ||||||
7 | as prescribed by the Board.
| ||||||
8 | (23) To take any other action as may be reasonable or | ||||||
9 | appropriate to
enforce this Act and the rules adopted by | ||||||
10 | the Board.
| ||||||
11 | (d) The Board may seek and shall receive the cooperation | ||||||
12 | of the
Illinois State Police in conducting background | ||||||
13 | investigations of
applicants and in fulfilling its | ||||||
14 | responsibilities under
this Section. Costs incurred by the | ||||||
15 | Illinois State Police as
a result of such cooperation shall be | ||||||
16 | paid by the Board in conformance
with the requirements of | ||||||
17 | Section 2605-400 of the Illinois State Police Law.
| ||||||
18 | (e) The Board must authorize to each investigator and to | ||||||
19 | any other
employee of the Board exercising the powers of a | ||||||
20 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
21 | states that the badge is authorized by the Board
and
(ii) | ||||||
22 | contains a unique identifying number. No other badge shall be | ||||||
23 | authorized
by the Board.
| ||||||
24 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
| ||||||
25 | Section 105. The Environmental Justice Act is amended by |
| |||||||
| |||||||
1 | changing Section 10 as follows:
| ||||||
2 | (415 ILCS 155/10) | ||||||
3 | Sec. 10. Commission on Environmental Justice. | ||||||
4 | (a) The Commission on Environmental Justice is established | ||||||
5 | and consists of the following 24 voting members: | ||||||
6 | (1) 2 members of the Senate, one appointed by the | ||||||
7 | President of the Senate and the other by the Minority | ||||||
8 | Leader of the Senate, each to serve at the pleasure of the | ||||||
9 | appointing officer; | ||||||
10 | (2) 2 members of the House of Representatives, one | ||||||
11 | appointed by the Speaker of the House of Representatives | ||||||
12 | and the other by the Minority Leader of the House of | ||||||
13 | Representatives, each to serve at the pleasure of the | ||||||
14 | appointing officer; | ||||||
15 | (3) the following ex officio members: the Director of | ||||||
16 | Commerce and Economic Opportunity or his or her designee, | ||||||
17 | the Director of the Environmental Protection Agency or his | ||||||
18 | or her designee, the Director of Natural Resources or his | ||||||
19 | or her designee, the Director of Public Health or his or | ||||||
20 | her designee, the Secretary of Transportation or his or | ||||||
21 | her designee, and a representative of the housing office | ||||||
22 | of the Department of Human Services appointed by the | ||||||
23 | Secretary of Human Services;
and | ||||||
24 | (4) 14 members appointed by the Governor who represent | ||||||
25 | the following interests: |
| |||||||
| |||||||
1 | (i) at least 4 members of affected communities | ||||||
2 | concerned with environmental justice; | ||||||
3 | (ii) at least 2 members of business organizations | ||||||
4 | including one member representing a statewide | ||||||
5 | organization representing manufacturers and one member | ||||||
6 | representing an organization representing the energy | ||||||
7 | sector; | ||||||
8 | (iii) environmental organizations; | ||||||
9 | (iv) experts on environmental health and | ||||||
10 | environmental justice; | ||||||
11 | (v) units of local government; | ||||||
12 | (vi) members of the general public who have an | ||||||
13 | interest or expertise in environmental justice; and | ||||||
14 | (vii) at least 2 members of labor organizations | ||||||
15 | including one member from a statewide labor federation | ||||||
16 | representing more than one international union and one | ||||||
17 | member from an organization representing workers in | ||||||
18 | the energy sector. | ||||||
19 | (b) Of the initial members of the Commission appointed | ||||||
20 | by the Governor, 5 shall serve for a 2-year term and 5 | ||||||
21 | shall serve for a 1-year term, as designated by the | ||||||
22 | Governor at the time of appointment. The Thereafter, the | ||||||
23 | members appointed by the Governor for terms beginning | ||||||
24 | before the effective date of this amendatory Act of the | ||||||
25 | 102nd General Assembly shall serve 2-year terms. Members | ||||||
26 | appointed by the Governor for terms beginning on or after |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 102nd | ||||||
2 | General Assembly shall serve 4-year terms. Vacancies shall | ||||||
3 | be filled in the same manner as appointments. Members of | ||||||
4 | the Commission appointed by the Governor may not receive | ||||||
5 | compensation for their service on the Commission and are | ||||||
6 | not entitled to reimbursement for expenses. | ||||||
7 | (c) The Governor shall designate a Chairperson from among | ||||||
8 | the Commission's members. The Commission shall meet at the | ||||||
9 | call of the Chairperson, but no later than 90 days after the | ||||||
10 | effective date of this Act and at least quarterly thereafter. | ||||||
11 | (d) The Commission shall: | ||||||
12 | (1) advise State entities on environmental justice and | ||||||
13 | related community issues; | ||||||
14 | (2) review and analyze the impact of current State | ||||||
15 | laws and policies on the issue of environmental justice | ||||||
16 | and sustainable communities; | ||||||
17 | (3) assess the adequacy of State and local laws to | ||||||
18 | address the issue of environmental justice and sustainable | ||||||
19 | communities; | ||||||
20 | (4) develop criteria to assess whether communities in | ||||||
21 | the State may be experiencing environmental justice | ||||||
22 | issues; and | ||||||
23 | (5) recommend options to the Governor for addressing | ||||||
24 | issues, concerns, or problems related to environmental | ||||||
25 | justice that surface after reviewing State laws and | ||||||
26 | policies, including prioritizing areas of the State that |
| |||||||
| |||||||
1 | need immediate attention. | ||||||
2 | (e) On or before October 1, 2011 and each October 1 | ||||||
3 | thereafter, the Commission shall report its findings and | ||||||
4 | recommendations to the Governor and General Assembly. | ||||||
5 | (f) The Environmental Protection Agency shall provide | ||||||
6 | administrative and other support to the Commission.
| ||||||
7 | (Source: P.A. 99-541, eff. 1-1-17 .)
| ||||||
8 | Section 110. The Firearm Owners Identification Card Act is | ||||||
9 | amended by changing Section 10 as follows:
| ||||||
10 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
11 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
12 | prohibitions. | ||||||
13 | (a) Whenever an application for a Firearm Owner's | ||||||
14 | Identification
Card is denied or whenever such a Card is | ||||||
15 | revoked or seized
as provided for in Section 8 of this Act, the | ||||||
16 | aggrieved party may
(1) file a record challenge with the | ||||||
17 | Director regarding the record upon which the decision to deny | ||||||
18 | or revoke the Firearm Owner's Identification Card was based | ||||||
19 | under subsection (a-5); or (2) appeal
to the Director of the | ||||||
20 | Illinois State Police through December 31, 2022, or beginning | ||||||
21 | January 1, 2023, the Firearm Owner's Identification Card | ||||||
22 | Review Board for a hearing seeking relief from
such denial or | ||||||
23 | revocation unless the denial or revocation
was based upon a | ||||||
24 | forcible felony, stalking, aggravated stalking, domestic
|
| |||||||
| |||||||
1 | battery, any violation of the Illinois Controlled Substances | ||||||
2 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
3 | or the
Cannabis Control Act that is classified as a Class 2 or | ||||||
4 | greater felony,
any
felony violation of Article 24 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012, or any
| ||||||
6 | adjudication as a delinquent minor for the commission of an
| ||||||
7 | offense that if committed by an adult would be a felony, in | ||||||
8 | which case the
aggrieved party may petition the circuit court | ||||||
9 | in writing in the county of
his or her residence for a hearing | ||||||
10 | seeking relief from such denial or revocation.
| ||||||
11 | (a-5) There is created a Firearm Owner's Identification | ||||||
12 | Card Review Board to consider any appeal under subsection (a) | ||||||
13 | beginning January 1, 2023, other than an appeal directed to | ||||||
14 | the circuit court and except when the applicant is challenging | ||||||
15 | the record upon which the decision to deny or revoke was based | ||||||
16 | as provided in subsection (a-10). | ||||||
17 | (0.05) In furtherance of the policy of this Act that | ||||||
18 | the Board shall exercise its powers and duties in an | ||||||
19 | independent manner, subject to the provisions of this Act | ||||||
20 | but free from the direction, control, or influence of any | ||||||
21 | other agency or department of State government. All | ||||||
22 | expenses and liabilities incurred by the Board in the | ||||||
23 | performance of its responsibilities hereunder shall be | ||||||
24 | paid from funds which shall be appropriated to the Board | ||||||
25 | by the General Assembly for the ordinary and contingent | ||||||
26 | expenses of the Board. |
| |||||||
| |||||||
1 | (1) The Board shall consist of 7 members appointed by | ||||||
2 | the Governor, with the advice and consent of the Senate, | ||||||
3 | with 3 members residing within the First Judicial District | ||||||
4 | and one member residing within each of the 4 remaining | ||||||
5 | Judicial Districts. No more than 4 members shall be | ||||||
6 | members of the same political party. The Governor shall | ||||||
7 | designate one member as the chairperson. The members shall | ||||||
8 | have actual experience in law, education, social work, | ||||||
9 | behavioral sciences, law enforcement, or community affairs | ||||||
10 | or in a combination of those areas. The Board shall | ||||||
11 | consist of: | ||||||
12 | (A) one member with at least 5 years of service as | ||||||
13 | a federal or State judge; | ||||||
14 | (B) one member with at least 5 years of experience | ||||||
15 | serving as an attorney with the United States | ||||||
16 | Department of Justice, or as a State's Attorney or | ||||||
17 | Assistant State's Attorney; | ||||||
18 | (C) one member with at least 5 years of experience | ||||||
19 | serving as a State or federal public defender or | ||||||
20 | assistant public defender; | ||||||
21 | (D) three members with at least 5 years of | ||||||
22 | experience as a federal, State, or local law | ||||||
23 | enforcement agent or as an employee with investigative | ||||||
24 | experience or duties related to criminal justice under | ||||||
25 | the United States Department of Justice, Drug | ||||||
26 | Enforcement Administration, Department of Homeland |
| |||||||
| |||||||
1 | Security, Federal Bureau of Investigation, or a State | ||||||
2 | or local law enforcement agency; and | ||||||
3 | (E) one member with at least 5 years of experience | ||||||
4 | as a licensed physician or clinical psychologist with | ||||||
5 | expertise in the diagnosis and treatment of mental | ||||||
6 | illness. | ||||||
7 | (2) The terms of the members initially appointed after | ||||||
8 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
9 | shall be as follows: one of
the initial members shall be | ||||||
10 | appointed for a term of one year, 3 shall be
appointed for | ||||||
11 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
12 | years. Thereafter, members shall hold office for 4 years, | ||||||
13 | with terms expiring on the second Monday in January | ||||||
14 | immediately following the expiration of their terms and | ||||||
15 | every 4 years thereafter. Members may be reappointed. | ||||||
16 | Vacancies in the office of member shall be filled in the | ||||||
17 | same manner as the original appointment, for the remainder | ||||||
18 | of the unexpired term. The Governor may remove a member | ||||||
19 | for incompetence, neglect of duty, malfeasance, or | ||||||
20 | inability to serve. Members shall receive compensation in | ||||||
21 | an amount equal to the compensation of members of the | ||||||
22 | Executive Ethics Commission and may be reimbursed, from | ||||||
23 | funds appropriated for such a purpose, for reasonable | ||||||
24 | expenses actually incurred in the performance of their | ||||||
25 | Board duties. The Illinois State Police shall designate an | ||||||
26 | employee to serve as Executive Director of the Board and |
| |||||||
| |||||||
1 | provide logistical and administrative assistance to the | ||||||
2 | Board. | ||||||
3 | (3) The Board shall meet at least quarterly each year | ||||||
4 | and at the call of the chairperson as often as necessary to | ||||||
5 | consider appeals of decisions made with respect to | ||||||
6 | applications for a Firearm Owner's Identification Card | ||||||
7 | under this Act. If necessary to ensure the participation | ||||||
8 | of a member, the Board shall allow a member to participate | ||||||
9 | in a Board meeting by electronic communication. Any member | ||||||
10 | participating electronically shall be deemed present for | ||||||
11 | purposes of establishing a quorum and voting. | ||||||
12 | (4) The Board shall adopt rules for the review of | ||||||
13 | appeals and the conduct of hearings. The Board shall | ||||||
14 | maintain a record of its decisions and all materials | ||||||
15 | considered in making its decisions. All Board decisions | ||||||
16 | and voting records shall be kept confidential and all | ||||||
17 | materials considered by the Board shall be exempt from | ||||||
18 | inspection except upon order of a court. | ||||||
19 | (5) In considering an appeal, the Board shall review | ||||||
20 | the materials received concerning the denial or revocation | ||||||
21 | by the Illinois State Police. By a vote of at least 4 | ||||||
22 | members, the Board may request additional information from | ||||||
23 | the Illinois State Police or the applicant or the | ||||||
24 | testimony of the Illinois State Police or the applicant. | ||||||
25 | The Board may require that the applicant submit electronic | ||||||
26 | fingerprints to the Illinois State Police for an updated |
| |||||||
| |||||||
1 | background check if the Board determines it lacks | ||||||
2 | sufficient information to determine eligibility. The Board | ||||||
3 | may consider information submitted by the Illinois State | ||||||
4 | Police, a law enforcement agency, or the applicant. The | ||||||
5 | Board shall review each denial or revocation and determine | ||||||
6 | by a majority of members whether an applicant should be | ||||||
7 | granted relief under subsection (c). | ||||||
8 | (6) The Board shall by order issue summary decisions. | ||||||
9 | The Board shall issue a decision within 45 days of | ||||||
10 | receiving all completed appeal documents from the Illinois | ||||||
11 | State Police and the applicant. However, the Board need | ||||||
12 | not issue a decision within 45 days if: | ||||||
13 | (A) the Board requests information from the | ||||||
14 | applicant, including, but not limited to, electronic | ||||||
15 | fingerprints to be submitted to the Illinois State | ||||||
16 | Police, in accordance with paragraph (5) of this | ||||||
17 | subsection, in which case the Board shall make a | ||||||
18 | decision within 30 days of receipt of the required | ||||||
19 | information from the applicant; | ||||||
20 | (B) the applicant agrees, in writing, to allow the | ||||||
21 | Board additional time to consider an appeal; or | ||||||
22 | (C) the Board notifies the applicant and the | ||||||
23 | Illinois State Police that the Board needs an | ||||||
24 | additional 30 days to issue a decision. The Board may | ||||||
25 | only issue 2 extensions under this subparagraph (C). | ||||||
26 | The Board's notification to the applicant and the |
| |||||||
| |||||||
1 | Illinois State Police shall include an explanation for | ||||||
2 | the extension. | ||||||
3 | (7) If the Board determines that the applicant is | ||||||
4 | eligible for relief under subsection (c), the Board shall | ||||||
5 | notify the applicant and the Illinois State Police that | ||||||
6 | relief has been granted and the Illinois State Police | ||||||
7 | shall issue the Card. | ||||||
8 | (8) Meetings of the Board shall not be subject to the | ||||||
9 | Open Meetings Act and records of the Board shall not be | ||||||
10 | subject to the Freedom of Information Act. | ||||||
11 | (9) The Board shall report monthly to the Governor and | ||||||
12 | the General Assembly on the number of appeals received and | ||||||
13 | provide details of the circumstances in which the Board | ||||||
14 | has determined to deny Firearm Owner's Identification | ||||||
15 | Cards under this subsection (a-5). The report shall not | ||||||
16 | contain any identifying information about the applicants. | ||||||
17 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
18 | relief from a firearms prohibition under subsection (c) but | ||||||
19 | rather does not believe the applicant is appropriately denied | ||||||
20 | or revoked and is challenging the record upon which the | ||||||
21 | decision to deny or revoke the Firearm Owner's Identification | ||||||
22 | Card was based, or whenever the Illinois State Police fails to | ||||||
23 | act on an application within 30 days of its receipt, the | ||||||
24 | applicant shall file such challenge with the Director. The | ||||||
25 | Director shall render a decision within 60 business days of | ||||||
26 | receipt of all information supporting the challenge. The |
| |||||||
| |||||||
1 | Illinois State Police shall adopt rules for the review of a | ||||||
2 | record challenge. | ||||||
3 | (b) At least 30 days before any hearing in the circuit | ||||||
4 | court, the
petitioner shall serve the
relevant State's | ||||||
5 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
6 | object to the petition and present evidence. At the hearing, | ||||||
7 | the court
shall
determine whether substantial justice has been | ||||||
8 | done. Should the court
determine that substantial justice has | ||||||
9 | not been done, the court shall issue an
order directing the | ||||||
10 | Illinois State Police to issue a Card. However, the court | ||||||
11 | shall not issue the order if the petitioner is otherwise | ||||||
12 | prohibited from obtaining, possessing, or using a firearm | ||||||
13 | under
federal law.
| ||||||
14 | (c) Any person prohibited from possessing a firearm under | ||||||
15 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
16 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
17 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
18 | Card Review Board
or petition the circuit court in the county | ||||||
19 | where the petitioner resides,
whichever is applicable in | ||||||
20 | accordance with subsection (a) of this Section,
requesting | ||||||
21 | relief
from such prohibition and the Board or court may grant | ||||||
22 | such relief if it
is
established by the applicant to the | ||||||
23 | court's or the Board's satisfaction
that:
| ||||||
24 | (0.05) when in the circuit court, the State's Attorney | ||||||
25 | has been served
with a written
copy of the
petition at | ||||||
26 | least 30 days before any such hearing in the circuit court |
| |||||||
| |||||||
1 | and at
the hearing the
State's Attorney was afforded an | ||||||
2 | opportunity to present evidence and object to
the | ||||||
3 | petition;
| ||||||
4 | (1) the applicant has not been convicted of a forcible | ||||||
5 | felony under the
laws of this State or any other | ||||||
6 | jurisdiction within 20 years of the
applicant's | ||||||
7 | application for a Firearm Owner's Identification Card, or | ||||||
8 | at
least 20 years have passed since the end of any period | ||||||
9 | of imprisonment
imposed in relation to that conviction;
| ||||||
10 | (2) the circumstances regarding a criminal conviction, | ||||||
11 | where applicable,
the applicant's criminal history and his | ||||||
12 | reputation are such that the applicant
will not be likely | ||||||
13 | to act in a manner dangerous to public safety;
| ||||||
14 | (3) granting relief would not be contrary to the | ||||||
15 | public interest; and | ||||||
16 | (4) granting relief would not be contrary to federal | ||||||
17 | law.
| ||||||
18 | (c-5) (1) An active law enforcement officer employed by a | ||||||
19 | unit of government or a Department of Corrections employee | ||||||
20 | authorized to possess firearms who is denied, revoked, or has | ||||||
21 | his or her Firearm Owner's Identification Card seized under | ||||||
22 | subsection (e) of Section 8 of this Act may apply to the | ||||||
23 | Firearm Owner's Identification Card Review Board requesting | ||||||
24 | relief if the officer or employee did not act in a manner | ||||||
25 | threatening to the officer or employee, another person, or the | ||||||
26 | public as determined by the treating clinical psychologist or |
| |||||||
| |||||||
1 | physician, and as a result of his or her work is referred by | ||||||
2 | the employer for or voluntarily seeks mental health evaluation | ||||||
3 | or treatment by a licensed clinical psychologist, | ||||||
4 | psychiatrist, or qualified examiner, and: | ||||||
5 | (A) the officer or employee has not received treatment | ||||||
6 | involuntarily at a mental health facility, regardless of | ||||||
7 | the length of admission; or has not been voluntarily | ||||||
8 | admitted to a mental health facility for more than 30 days | ||||||
9 | and not for more than one incident within the past 5 years; | ||||||
10 | and | ||||||
11 | (B) the officer or employee has not left the mental | ||||||
12 | institution against medical advice. | ||||||
13 | (2) The Firearm Owner's Identification Card Review Board | ||||||
14 | shall grant expedited relief to active law enforcement | ||||||
15 | officers and employees described in paragraph (1) of this | ||||||
16 | subsection (c-5) upon a determination by the Board that the | ||||||
17 | officer's or employee's possession of a firearm does not | ||||||
18 | present a threat to themselves, others, or public safety. The | ||||||
19 | Board shall act on the request for relief within 30 business | ||||||
20 | days of receipt of: | ||||||
21 | (A) a notarized statement from the officer or employee | ||||||
22 | in the form prescribed by the Board detailing the | ||||||
23 | circumstances that led to the hospitalization; | ||||||
24 | (B) all documentation regarding the admission, | ||||||
25 | evaluation, treatment and discharge from the treating | ||||||
26 | licensed clinical psychologist or psychiatrist of the |
| |||||||
| |||||||
1 | officer; | ||||||
2 | (C) a psychological fitness for duty evaluation of the | ||||||
3 | person completed after the time of discharge; and | ||||||
4 | (D) written confirmation in the form prescribed by the | ||||||
5 | Board from the treating licensed clinical psychologist or | ||||||
6 | psychiatrist that the provisions set forth in paragraph | ||||||
7 | (1) of this subsection (c-5) have been met, the person | ||||||
8 | successfully completed treatment, and their professional | ||||||
9 | opinion regarding the person's ability to possess | ||||||
10 | firearms. | ||||||
11 | (3) Officers and employees eligible for the expedited | ||||||
12 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
13 | burden of proof on eligibility and must provide all | ||||||
14 | information required. The Board may not consider granting | ||||||
15 | expedited relief until the proof and information is received. | ||||||
16 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
17 | "qualified examiner" shall have the same meaning as provided | ||||||
18 | in Chapter I of the Mental Health and Developmental | ||||||
19 | Disabilities Code. | ||||||
20 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
21 | his or her Firearm Owner's Identification Card seized under | ||||||
22 | subsection (e) of Section 8 of this Act based upon a | ||||||
23 | determination of a developmental disability or an intellectual | ||||||
24 | disability may apply to the Firearm Owner's Identification | ||||||
25 | Card Review Board requesting relief. | ||||||
26 | (2) The Board shall act on the request for relief within 60 |
| |||||||
| |||||||
1 | business days of receipt of written certification, in the form | ||||||
2 | prescribed by the Board, from a physician or clinical | ||||||
3 | psychologist, or qualified examiner, that the aggrieved | ||||||
4 | party's developmental disability or intellectual disability | ||||||
5 | condition is determined by a physician, clinical psychologist, | ||||||
6 | or qualified to be mild. If a fact-finding conference is | ||||||
7 | scheduled to obtain additional information concerning the | ||||||
8 | circumstances of the denial or revocation, the 60 business | ||||||
9 | days the Director has to act shall be tolled until the | ||||||
10 | completion of the fact-finding conference. | ||||||
11 | (3) The Board may grant relief if the aggrieved party's | ||||||
12 | developmental disability or intellectual disability is mild as | ||||||
13 | determined by a physician, clinical psychologist, or qualified | ||||||
14 | examiner and it is established by the applicant to the Board's | ||||||
15 | satisfaction that: | ||||||
16 | (A) granting relief would not be contrary to the | ||||||
17 | public interest; and | ||||||
18 | (B) granting relief would not be contrary to federal | ||||||
19 | law. | ||||||
20 | (4) The Board may not grant relief if the condition is | ||||||
21 | determined by a physician, clinical psychologist, or qualified | ||||||
22 | examiner to be moderate, severe, or profound. | ||||||
23 | (5) The changes made to this Section by Public Act 99-29 | ||||||
24 | apply to requests for
relief pending on or before July 10, 2015 | ||||||
25 | (the effective date of Public Act 99-29), except that the | ||||||
26 | 60-day period for the Director to act on requests pending |
| |||||||
| |||||||
1 | before the effective date shall begin
on July 10, 2015 (the | ||||||
2 | effective date of Public Act 99-29). All appeals as provided | ||||||
3 | in subsection (a-5) pending on January 1, 2023 shall be | ||||||
4 | considered by the Board. | ||||||
5 | (d) When a minor is adjudicated delinquent for an offense | ||||||
6 | which if
committed by an adult would be a felony, the court | ||||||
7 | shall notify the Illinois State Police.
| ||||||
8 | (e) The court shall review the denial of an application or | ||||||
9 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
10 | person who has been adjudicated
delinquent for an offense that | ||||||
11 | if
committed by an adult would be a felony if an
application | ||||||
12 | for relief has been filed at least 10 years after the | ||||||
13 | adjudication
of delinquency and the court determines that the | ||||||
14 | applicant should be
granted relief from disability to obtain a | ||||||
15 | Firearm Owner's Identification Card.
If the court grants | ||||||
16 | relief, the court shall notify the Illinois State
Police that | ||||||
17 | the disability has
been removed and that the applicant is | ||||||
18 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
19 | (f) Any person who is subject to the disabilities of 18 | ||||||
20 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
21 | of 1968 because of an adjudication or commitment that occurred | ||||||
22 | under the laws of this State or who was determined to be | ||||||
23 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
24 | Section 8 of this Act may apply to the Illinois State Police | ||||||
25 | requesting relief from that prohibition. The Board shall grant | ||||||
26 | the relief if it is established by a preponderance of the |
| |||||||
| |||||||
1 | evidence that the person will not be likely to act in a manner | ||||||
2 | dangerous to public safety and that granting relief would not | ||||||
3 | be contrary to the public interest. In making this | ||||||
4 | determination, the Board shall receive evidence concerning (i) | ||||||
5 | the circumstances regarding the firearms disabilities from | ||||||
6 | which relief is sought; (ii) the petitioner's mental health | ||||||
7 | and criminal history records, if any; (iii) the petitioner's | ||||||
8 | reputation, developed at a minimum through character witness | ||||||
9 | statements, testimony, or other character evidence; and (iv) | ||||||
10 | changes in the petitioner's condition or circumstances since | ||||||
11 | the disqualifying events relevant to the relief sought. If | ||||||
12 | relief is granted under this subsection or by order of a court | ||||||
13 | under this Section, the Director shall as soon as practicable | ||||||
14 | but in no case later than 15 business days, update, correct, | ||||||
15 | modify, or remove the person's record in any database that the | ||||||
16 | Illinois State Police makes available to the National Instant | ||||||
17 | Criminal Background Check System and notify the United States | ||||||
18 | Attorney General that the basis for the record being made | ||||||
19 | available no longer applies. The Illinois State Police shall | ||||||
20 | adopt rules for the administration of this Section. | ||||||
21 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
22 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
23 | Section 115. The Firearm Concealed Carry Act is amended by | ||||||
24 | changing Section 20 as follows:
|
| |||||||
| |||||||
1 | (430 ILCS 66/20)
| ||||||
2 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
3 | (a) There is hereby created within the Illinois State | ||||||
4 | Police a Concealed Carry Licensing Review Board to consider | ||||||
5 | any objection to an applicant's eligibility to obtain a | ||||||
6 | license under this Act submitted by a law enforcement agency | ||||||
7 | or the Illinois State Police under Section 15 of this Act. The | ||||||
8 | Board shall consist of 7 commissioners to be appointed by the | ||||||
9 | Governor, with the advice and consent of the Senate, with 3 | ||||||
10 | commissioners residing within the First Judicial District and | ||||||
11 | one commissioner residing within each of the 4 remaining | ||||||
12 | Judicial Districts. No more than 4 commissioners shall be | ||||||
13 | members of the same political party. The Governor shall | ||||||
14 | designate one commissioner as the Chairperson. The members | ||||||
15 | shall have actual experience in law, education, social work, | ||||||
16 | behavioral sciences, law enforcement, or community affairs or | ||||||
17 | in a combination of those areas. The Board shall consist of: | ||||||
18 | (1) one commissioner with at least 5 years of service | ||||||
19 | as a federal judge; | ||||||
20 | (2) 2 commissioners with at least 5 years of | ||||||
21 | experience serving as an attorney with the United States | ||||||
22 | Department of Justice; | ||||||
23 | (3) 3 commissioners with at least 5 years of | ||||||
24 | experience as a federal agent or employee with | ||||||
25 | investigative experience or duties related to criminal | ||||||
26 | justice under the United States Department of Justice, |
| |||||||
| |||||||
1 | Drug Enforcement Administration, Department of Homeland | ||||||
2 | Security, or Federal Bureau of Investigation; and | ||||||
3 | (4) one member with at least 5 years of experience as a | ||||||
4 | licensed physician or clinical psychologist with expertise | ||||||
5 | in the diagnosis and treatment of mental illness. | ||||||
6 | (b) The initial terms of the commissioners shall end on | ||||||
7 | January 12, 2015. Notwithstanding any provision in this | ||||||
8 | Section to the contrary, the term
of office of each | ||||||
9 | commissioner of the Concealed Carry Licensing Review Board is | ||||||
10 | abolished on January 1, 2022 (the effective date of Public Act | ||||||
11 | 102-237). The terms of the commissioners appointed on or after | ||||||
12 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
13 | shall be as follows: one of
the initial members shall be | ||||||
14 | appointed for a term of one year, 3 shall be
appointed for | ||||||
15 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
16 | years. Thereafter, the commissioners shall hold office for 4 | ||||||
17 | years, with terms expiring on the second Monday in January of | ||||||
18 | the fourth year. Commissioners may be reappointed. Vacancies | ||||||
19 | in the office of commissioner shall be filled in the same | ||||||
20 | manner as the original appointment, for the remainder of the | ||||||
21 | unexpired term. The Governor may remove a commissioner for | ||||||
22 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
23 | serve. Commissioners shall receive compensation in an amount | ||||||
24 | equal to the compensation of members of the Executive Ethics | ||||||
25 | Commission and may be reimbursed for reasonable expenses | ||||||
26 | actually incurred in the performance of their Board duties, |
| |||||||
| |||||||
1 | from funds appropriated for that purpose. | ||||||
2 | (c) The Board shall meet at the call of the chairperson as | ||||||
3 | often as necessary to consider objections to applications for | ||||||
4 | a license under this Act. If necessary to ensure the | ||||||
5 | participation of a commissioner, the Board shall allow a | ||||||
6 | commissioner to participate in a Board meeting by electronic | ||||||
7 | communication. Any commissioner participating electronically | ||||||
8 | shall be deemed present for purposes of establishing a quorum | ||||||
9 | and voting. | ||||||
10 | (d) The Board shall adopt rules for the review of | ||||||
11 | objections and the conduct of hearings. The Board shall | ||||||
12 | maintain a record of its decisions and all materials | ||||||
13 | considered in making its decisions. All Board decisions and | ||||||
14 | voting records shall be kept confidential and all materials | ||||||
15 | considered by the Board shall be exempt from inspection except | ||||||
16 | upon order of a court. | ||||||
17 | (e) In considering an objection of a law enforcement | ||||||
18 | agency or the Illinois State Police, the Board shall review | ||||||
19 | the materials received with the objection from the law | ||||||
20 | enforcement agency or the Illinois State Police. By a vote of | ||||||
21 | at least 4 commissioners, the Board may request additional | ||||||
22 | information from the law enforcement agency, Illinois State | ||||||
23 | Police, or the applicant, or the testimony of the law | ||||||
24 | enforcement agency, Illinois State Police, or the applicant. | ||||||
25 | The Board may require that the applicant submit electronic | ||||||
26 | fingerprints to the Illinois State Police for an updated |
| |||||||
| |||||||
1 | background check where the Board determines it lacks | ||||||
2 | sufficient information to determine eligibility. The Board may | ||||||
3 | only consider information submitted by the Illinois State | ||||||
4 | Police, a law enforcement agency, or the applicant. The Board | ||||||
5 | shall review each objection and determine by a majority of | ||||||
6 | commissioners whether an applicant is eligible for a license. | ||||||
7 | (f) The Board shall issue a decision within 30 days of | ||||||
8 | receipt of the objection from the Illinois State Police. | ||||||
9 | However, the Board need not issue a decision within 30 days if: | ||||||
10 | (1) the Board requests information from the applicant, | ||||||
11 | including but not limited to electronic fingerprints to be | ||||||
12 | submitted to the Illinois State Police, in accordance with | ||||||
13 | subsection (e) of this Section, in which case the Board | ||||||
14 | shall make a decision within 30 days of receipt of the | ||||||
15 | required information from the applicant; | ||||||
16 | (2) the applicant agrees, in writing, to allow the | ||||||
17 | Board additional time to consider an objection; or | ||||||
18 | (3) the Board notifies the applicant and the Illinois | ||||||
19 | State Police that the Board needs an additional 30 days to | ||||||
20 | issue a decision. | ||||||
21 | (g) If the Board determines by a preponderance of the | ||||||
22 | evidence that the applicant poses a danger to himself or | ||||||
23 | herself or others, or is a threat to public safety, then the | ||||||
24 | Board shall affirm the objection of the law enforcement agency | ||||||
25 | or the Illinois State Police and shall notify the Illinois | ||||||
26 | State Police that the applicant is ineligible for a license. |
| |||||||
| |||||||
1 | If the Board does not determine by a preponderance of the | ||||||
2 | evidence that the applicant poses a danger to himself or | ||||||
3 | herself or others, or is a threat to public safety, then the | ||||||
4 | Board shall notify the Illinois State Police that the | ||||||
5 | applicant is eligible for a license. | ||||||
6 | (h) Meetings of the Board shall not be subject to the Open | ||||||
7 | Meetings Act and records of the Board shall not be subject to | ||||||
8 | the Freedom of Information Act. | ||||||
9 | (i) The Board shall report monthly to the Governor and the | ||||||
10 | General Assembly on the number of objections received and | ||||||
11 | provide details of the circumstances in which the Board has | ||||||
12 | determined to deny licensure based on law enforcement or | ||||||
13 | Illinois State Police objections under Section 15 of this Act. | ||||||
14 | The report shall not contain any identifying information about | ||||||
15 | the applicants.
| ||||||
16 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
17 | 102-813, eff. 5-13-22.)
| ||||||
18 | (615 ILCS 60/Act rep.) | ||||||
19 | Section 120. The Des Plaines and Illinois Rivers Act is | ||||||
20 | repealed.
| ||||||
21 | Section 125. The Illinois Human Rights Act is amended by | ||||||
22 | changing Section 8-101 as follows:
| ||||||
23 | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
|
| |||||||
| |||||||
1 | Sec. 8-101. Illinois Human Rights Commission.
| ||||||
2 | (A) Creation; appointments. The Human Rights Commission is | ||||||
3 | created to consist
of 7 members appointed by the Governor with | ||||||
4 | the advice and consent of the
Senate. No more than 4 members | ||||||
5 | shall be of the same political party. The
Governor shall | ||||||
6 | designate one member as chairperson. All appointments shall
be | ||||||
7 | in writing and filed with the Secretary of State as a public | ||||||
8 | record.
| ||||||
9 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
10 | appointed for a
term to expire on the third Monday of January, | ||||||
11 | 2021, and 3 (including the
Chairperson) shall be appointed for | ||||||
12 | a term to expire on the third Monday
of January, 2023.
| ||||||
13 | Notwithstanding any provision of this Section to the | ||||||
14 | contrary, the term
of office of each member of the Illinois | ||||||
15 | Human Rights Commission is
abolished on January 19, 2019. | ||||||
16 | Incumbent members holding a position on the Commission that | ||||||
17 | was created by Public Act 84-115 and whose terms, if not for | ||||||
18 | this amendatory Act of the 100th General Assembly, would have | ||||||
19 | expired January 18, 2021 shall continue to exercise all of the | ||||||
20 | powers and be
subject to all of the duties of members of the | ||||||
21 | Commission until June 30, 2019 or until
their respective | ||||||
22 | successors are appointed and qualified, whichever is earlier.
| ||||||
23 | Thereafter, each member shall serve for a term of 4 years
| ||||||
24 | and until his or her successor is appointed and qualified; | ||||||
25 | except that any
member chosen to fill a vacancy occurring | ||||||
26 | otherwise than by expiration of
a term shall be appointed only |
| |||||||
| |||||||
1 | for the unexpired term of the member whom
he or she shall | ||||||
2 | succeed and until his or her successor is appointed and
| ||||||
3 | qualified.
| ||||||
4 | (C) Vacancies. | ||||||
5 | (1) In the case of vacancies on the Commission during
| ||||||
6 | a recess of the Senate, the Governor shall make a | ||||||
7 | temporary appointment
until the next meeting of the Senate | ||||||
8 | when he or she shall appoint a person
to fill the vacancy. | ||||||
9 | Any person so nominated and confirmed by the Senate
shall | ||||||
10 | hold office for the remainder of the term and until his or | ||||||
11 | her successor
is appointed and qualified.
| ||||||
12 | (2) If the Senate is not in session at the time this | ||||||
13 | Act takes effect,
the Governor shall make temporary | ||||||
14 | appointments to the Commission as in the
case of | ||||||
15 | vacancies.
| ||||||
16 | (3) Vacancies in the Commission shall not impair the | ||||||
17 | right of the remaining
members to exercise all the powers | ||||||
18 | of the Commission. Except when authorized
by this Act to | ||||||
19 | proceed through a 3 member panel, a majority of the | ||||||
20 | members
of the Commission then in office shall constitute | ||||||
21 | a quorum.
| ||||||
22 | (D) Compensation. On and after January 19, 2019, the | ||||||
23 | Chairperson of the Commission shall be compensated
at the rate | ||||||
24 | of $125,000 per year, or as set by the Compensation Review
| ||||||
25 | Board, whichever is greater, during his or her service as | ||||||
26 | Chairperson,
and each other member shall be compensated at the |
| |||||||
| |||||||
1 | rate of $119,000 per
year, or as set by the Compensation Review | ||||||
2 | Board, whichever is greater.
In addition, all members of the | ||||||
3 | Commission shall be reimbursed for expenses
actually and | ||||||
4 | necessarily incurred by them
in the performance of their | ||||||
5 | duties.
| ||||||
6 | (E) Notwithstanding the general supervisory authority of | ||||||
7 | the Chairperson, each commissioner, unless appointed to the | ||||||
8 | special temporary panel created under subsection (H), has the | ||||||
9 | authority to hire and supervise a staff attorney. The staff | ||||||
10 | attorney shall report directly to the individual commissioner. | ||||||
11 | (F) A formal training program for newly appointed | ||||||
12 | commissioners shall be implemented. The training program shall | ||||||
13 | include the following: | ||||||
14 | (1) substantive and procedural aspects of the office | ||||||
15 | of commissioner; | ||||||
16 | (2) current issues in employment and housing | ||||||
17 | discrimination and public accommodation law and practice; | ||||||
18 | (3) orientation to each operational unit of the
Human | ||||||
19 | Rights Commission; | ||||||
20 | (4) observation of experienced hearing officers and | ||||||
21 | commissioners conducting hearings of cases, combined with | ||||||
22 | the opportunity to discuss evidence presented and rulings | ||||||
23 | made; | ||||||
24 | (5) the use of hypothetical cases requiring the
newly | ||||||
25 | appointed commissioner to issue judgments as a means of | ||||||
26 | evaluating knowledge and writing ability; |
| |||||||
| |||||||
1 | (6) writing skills; and | ||||||
2 | (7) professional and ethical standards. | ||||||
3 | A formal and ongoing professional development program | ||||||
4 | including, but not limited to, the above-noted areas shall be | ||||||
5 | implemented to keep commissioners informed of recent | ||||||
6 | developments and issues and to assist them in maintaining and | ||||||
7 | enhancing their professional competence. Each commissioner | ||||||
8 | shall complete 20 hours of training in the above-noted areas | ||||||
9 | during every 2 years the commissioner remains in office. | ||||||
10 | (G) Commissioners must meet one of the following | ||||||
11 | qualifications: | ||||||
12 | (1) licensed to practice law in the State of Illinois; | ||||||
13 | (2) at least 3 years of experience as a hearing | ||||||
14 | officer at the Human Rights Commission; or | ||||||
15 | (3) at least 4 years of professional experience | ||||||
16 | working for or dealing with individuals or corporations | ||||||
17 | affected by this Act or similar laws in other | ||||||
18 | jurisdictions, including, but not limited to, experience | ||||||
19 | with a civil rights advocacy group, a fair housing group, | ||||||
20 | a community organization, a trade association, a union, a | ||||||
21 | law firm, a legal aid organization, an employer's human | ||||||
22 | resources department, an employment discrimination | ||||||
23 | consulting firm, a community affairs organization, or a | ||||||
24 | municipal human relations agency. | ||||||
25 | The Governor's appointment message, filed with the | ||||||
26 | Secretary of State and transmitted to the Senate, shall state |
| |||||||
| |||||||
1 | specifically how the experience of a nominee for commissioner | ||||||
2 | meets the requirement set forth in this subsection. The | ||||||
3 | Chairperson must have public or private sector management and | ||||||
4 | budget experience, as determined by the Governor. | ||||||
5 | Each commissioner shall devote full time to his or her | ||||||
6 | duties and any commissioner who is an attorney shall not | ||||||
7 | engage in the practice of law, nor shall any commissioner hold | ||||||
8 | any other office or position of profit under the United States | ||||||
9 | or this State or any municipal corporation or political | ||||||
10 | subdivision of this State, nor engage in any other business, | ||||||
11 | employment, or vocation. | ||||||
12 | (H) Notwithstanding any other provision of this Act, the | ||||||
13 | Governor shall appoint, by and with the consent of the Senate, | ||||||
14 | a special temporary panel of commissioners comprised of 3 | ||||||
15 | members. The members shall hold office until the Commission, | ||||||
16 | in consultation with the Governor, determines that the | ||||||
17 | caseload of requests for review has been reduced sufficiently | ||||||
18 | to allow cases to proceed in a timely manner, or for a term of | ||||||
19 | 18 months from the date of appointment by the Governor, | ||||||
20 | whichever is earlier. Each of the 3 members shall have only | ||||||
21 | such rights and powers of a commissioner necessary to dispose | ||||||
22 | of the cases assigned to the special panel. Each of the 3 | ||||||
23 | members appointed to the special panel shall receive the same | ||||||
24 | salary as other commissioners for the duration of the panel. | ||||||
25 | The panel shall have the authority to hire and supervise a | ||||||
26 | staff attorney who shall report to the panel of commissioners. |
| |||||||
| |||||||
1 | (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20 .)
| ||||||
2 | Section 999. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|