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