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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 Section 405-413 as follows:
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3 | | (20 ILCS 405/405-413) |
4 | | Sec. 405-413. Geographic consolidation of State employment |
5 | | positions. |
6 | | (a) Notwithstanding any other law to the contrary, it is |
7 | | recognized that the Director of Central Management Services, |
8 | | working in consultation with the Director of any affected |
9 | | State agency, shall direct the relocation to Sangamon County |
10 | | is the preferred location of all State employment positions |
11 | | under the Personnel Code that are not required by their nature |
12 | | or function to be located in a specific geographic area. |
13 | | (b) (Blank). Notwithstanding any other law to the |
14 | | contrary, the Director of Central Management Services, working |
15 | | in consultation with the Director of any affected State |
16 | | agency, shall direct all new State employment positions which |
17 | | may be created under the Personnel Code, and which are not |
18 | | required by their nature or function to be located in a |
19 | | specific geographic area, to be located in Sangamon County. |
20 | | (c) The Director shall determine a geographic location for |
21 | | each State employment position taking into consideration a |
22 | | variety of factors, including, but not limited to, and, if it |
23 | | is other than Sangamon County, the reason for it to be in that |
24 | | geographic location. In determining whether to locate or |
25 | | relocate a State employment position to Sangamon County, the |
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1 | | Director shall consult the Director of any affected State |
2 | | agency as to whether the nature or function of a position , |
3 | | whether the position is well-suited for telework or a similar |
4 | | arrangement, where a diverse and equitable applicant pool |
5 | | exists, the preference for State employment positions to be |
6 | | located in Sangamon County, and other similar factors that |
7 | | should determine the geographic location of a State employment |
8 | | position. requires it to be located in a specific geographic |
9 | | area of the State. If no such geographic necessity exists, |
10 | | that position shall be located or relocated to Sangamon |
11 | | County. |
12 | | (d) The rights of employees and the State and its agencies |
13 | | under the Personnel Code and applicable collective bargaining |
14 | | agreements with respect to the relocation of current State |
15 | | employee position holders shall not be affected by the |
16 | | provisions of this Section. The provisions of this Section |
17 | | regarding location or relocation of a position to Sangamon |
18 | | County shall apply only to State employment positions that |
19 | | become vacant or are created on or after the effective date of |
20 | | this amendatory Act of the 100th General Assembly. |
21 | | (e) The provisions of this Section do not apply to: (1) any |
22 | | office of the legislative or judicial branch; (2) Statewide |
23 | | offices under the jurisdiction of any executive branch |
24 | | constitutional officer other than the Governor; or (3) persons |
25 | | employed directly by the Office of the Governor. This Section |
26 | | does apply to departments and agencies of State government |
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1 | | under the jurisdiction of the Governor other than persons |
2 | | employed directly by the Office of the Governor.
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3 | | (Source: P.A. 100-742, eff. 8-9-18.)
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4 | | Section 45. The Department of Public Health Powers and |
5 | | Duties Law of the
Civil Administrative Code of Illinois is |
6 | | amended by changing Section 2310-347 as follows:
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7 | | (20 ILCS 2310/2310-347)
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8 | | Sec. 2310-347. The Carolyn Adams Ticket For The Cure |
9 | | Board. |
10 | | (a) The Carolyn Adams Ticket For The Cure Board is created |
11 | | as an advisory board within the Department. Until 30 days |
12 | | after the effective date of this amendatory Act of the 97th |
13 | | General Assembly, the Board may consist of 10 members as |
14 | | follows: 2 members appointed by the President of the Senate; 2 |
15 | | members appointed by the Minority Leader of the Senate; 2 |
16 | | members appointed by the Speaker of the House of |
17 | | Representatives; 2 members appointed by the Minority Leader of |
18 | | the House of Representatives; and 2 members appointed by the |
19 | | Governor with the advice and consent of the Senate, one of whom |
20 | | shall be designated as chair of the Board at the time of |
21 | | appointment. |
22 | | (a-5) Notwithstanding any provision of this Article to the |
23 | | contrary, the term of office of each current Board member ends |
24 | | 30 days after the effective date of this amendatory Act of the |
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1 | | 97th General Assembly or when his or her successor is |
2 | | appointed and qualified, whichever occurs sooner. No later |
3 | | than 30 days after the effective date of this amendatory Act of |
4 | | the 97th General Assembly, the Board shall consist of 10 newly |
5 | | appointed members. Four of the Board members shall be members |
6 | | of the General Assembly and appointed as follows: one member |
7 | | appointed by the President of the Senate; one member appointed |
8 | | by the Minority Leader of the Senate; one member appointed by |
9 | | the Speaker of the House of Representatives; and one member |
10 | | appointed by the Minority Leader of the House of |
11 | | Representatives. |
12 | | Six of the Board members shall be appointed by the |
13 | | Director of the Department of Public Health, who shall |
14 | | designate one of these appointed members as chair of the Board |
15 | | at the time of his or her appointment. These 6 members |
16 | | appointed by the Director shall reflect the population with |
17 | | regard to ethnic, racial, and geographical composition and |
18 | | shall include the following individuals: one breast cancer |
19 | | survivor; one physician specializing in breast cancer or |
20 | | related medical issues; one breast cancer researcher; one |
21 | | representative from a breast cancer organization; one |
22 | | individual who operates a patient navigation program at a |
23 | | major hospital or health system; and one breast cancer |
24 | | professional that may include, but not be limited to, a |
25 | | genetics counselor, a social worker, a detain, an occupational |
26 | | therapist, or a nurse. |
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1 | | A Board member whose term has expired may continue to |
2 | | serve until a successor is appointed. A Board member who is not |
3 | | a member of the General Assembly may serve 2 consecutive |
4 | | 3-year terms and shall not be reappointed for 3 years after the |
5 | | completion of those consecutive terms. |
6 | | (b) Board members shall serve without compensation but may |
7 | | be reimbursed for their reasonable travel expenses incurred in |
8 | | performing their duties from funds available for that purpose. |
9 | | The Department shall provide staff and administrative support |
10 | | services to the Board. |
11 | | (c) The Board may advise: |
12 | | (i) the Department of Revenue in designing and |
13 | | promoting the Carolyn Adams Ticket For The Cure special |
14 | | instant scratch-off lottery game; |
15 | | (ii) the Department in reviewing grant applications; |
16 | | and |
17 | | (iii) the Director on the final award of grants from |
18 | | amounts appropriated from the Carolyn Adams Ticket For The |
19 | | Cure Grant Fund, to public or private entities in Illinois |
20 | | that reflect the population with regard to ethnic, racial, |
21 | | and geographic geographical composition for the purpose of |
22 | | funding breast cancer research and supportive services for |
23 | | breast cancer survivors and those impacted by breast |
24 | | cancer and breast cancer education. In awarding grants, |
25 | | the Department shall consider criteria that includes, but |
26 | | is not limited to, projects and initiatives that address |
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1 | | disparities in incidence and mortality rates of breast |
2 | | cancer, based on data from the Illinois Cancer Registry, |
3 | | and populations facing barriers to care in accordance with |
4 | | Section 21.5 of the Illinois Lottery Law. |
5 | | (c-5) The Department shall submit a report to the Governor |
6 | | and the General Assembly by December 31 of each year. The |
7 | | report shall provide a summary of the Carolyn Adams Ticket for |
8 | | the Cure lottery ticket sales, grants awarded, and the |
9 | | accomplishments of the grantees. |
10 | | (d) The Board is discontinued on June 30, 2027.
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11 | | (Source: P.A. 99-917, eff. 12-30-16.)
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12 | | Section 55. The Illinois Criminal Justice Information Act |
13 | | is amended by changing Section 4 as follows:
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14 | | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) |
15 | | Sec. 4. Illinois Criminal Justice Information Authority; |
16 | | creation,
membership, and meetings. There is created an |
17 | | Illinois Criminal Justice
Information Authority consisting of |
18 | | 25 members. The membership of
the
Authority shall consist of : |
19 | | (1) the Illinois Attorney General , or the Illinois |
20 | | Attorney General's his or her
designee ; , |
21 | | (2) the Director of Corrections or the Director's |
22 | | designee; , |
23 | | (3) the Director
of the Illinois State Police or the |
24 | | Director's designee; , |
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1 | | (4) the Director of Public Health or the Director's |
2 | | designee; , |
3 | | (5) the Director of Children and Family Services or |
4 | | the Director's designee; , |
5 | | (6) the Sheriff of Cook County or the Sheriff's |
6 | | designee; , |
7 | | (7) the
State's Attorney of Cook County or the State's |
8 | | Attorney's designee; , |
9 | | (8) the clerk of the circuit court of Cook
County or |
10 | | the clerk's designee; , |
11 | | (9) the President of the Cook County Board of |
12 | | Commissioners or the President's designee; , |
13 | | (10) the Superintendent of the Chicago Police
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14 | | Department or the Superintendent's designee; , |
15 | | (11) the Director of the Office of the State's |
16 | | Attorneys Appellate
Prosecutor or the Director's |
17 | | designee; , |
18 | | (12) the Executive Director of the Illinois Law |
19 | | Enforcement Training
Standards Board or the Executive |
20 | | Director's designee; , |
21 | | (13) the State Appellate Defender or the State |
22 | | Appellate Defender's designee; , |
23 | | (14) the Public Defender of Cook County or the Public |
24 | | Defender's designee; , and |
25 | | (15) the following additional
members, each of whom
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26 | | shall be appointed by the Governor: |
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1 | | (A) a circuit court clerk ; , |
2 | | (B) a sheriff ; ,
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3 | | (C) a State's Attorney of a
county other than |
4 | | Cook ; , |
5 | | (D) a Public Defender of a county other than |
6 | | Cook ; , |
7 | | (E) a chief of police ; , and |
8 | | (F) 6 members of the
general public. |
9 | | Members appointed on and after the effective date of this |
10 | | amendatory Act of the 98th General Assembly shall be confirmed |
11 | | by the Senate. |
12 | | The Governor from time to time shall designate a Chairman |
13 | | of the Authority
from the membership. All members of the |
14 | | Authority appointed by the Governor
shall serve at the |
15 | | pleasure of the Governor for a term not to exceed 4 years.
The |
16 | | initial appointed members of the Authority shall serve from |
17 | | January,
1983 until the third Monday in January, 1987 or until |
18 | | their successors are
appointed. |
19 | | The Authority shall meet at least quarterly, and all |
20 | | meetings of the
Authority shall be called by the Chairman. |
21 | | (Source: P.A. 102-538, eff. 8-20-21.)
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22 | | Section 60. The Blue-Ribbon Commission on Transportation |
23 | | Infrastructure and Policy Act is amended by changing Sections |
24 | | 10, 15, 25, and 30 as follows:
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1 | | (20 ILCS 4116/10) |
2 | | (Section scheduled to be repealed on February 1, 2023)
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3 | | Sec. 10. Commission created. |
4 | | (a) The Blue-Ribbon Commission on Transportation |
5 | | Infrastructure Funding and Policy is created within the |
6 | | Department of Transportation consisting of members appointed |
7 | | as follows: |
8 | | (1) Four members of the House of Representatives, with |
9 | | 2 to be appointed by the Speaker of the House of |
10 | | Representatives and 2 to be appointed by the Minority |
11 | | Leader of the House of Representatives. |
12 | | (2) Four members of the Senate, with 2 to be appointed |
13 | | by the President of the Senate and 2 to be appointed by the |
14 | | Minority Leader of the Senate. |
15 | | (3) Eight members appointed by the Governor with the |
16 | | advice and consent of the Senate. |
17 | | (4) The chair of the Commission to be appointed by the |
18 | | Governor from among his 8 appointments. |
19 | | (b) Members shall have expertise, knowledge, or experience |
20 | | in transportation infrastructure development, construction, |
21 | | workforce, or policy. Members shall also represent a diverse |
22 | | set of sectors, including the labor, engineering, |
23 | | construction, transit, active transportation, rail, air, or |
24 | | other sectors, and shall include participants of the |
25 | | Disadvantaged Business Enterprise Program. No more than 2 |
26 | | appointees shall be members of the same sector. |
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1 | | (c) Members shall represent geographically diverse regions |
2 | | of the State. |
3 | | (d) Members shall be appointed by January 31, 2023 May 31, |
4 | | 2022 .
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5 | | (Source: P.A. 102-988, eff. 5-27-22.)
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6 | | (20 ILCS 4116/15) |
7 | | (Section scheduled to be repealed on February 1, 2023)
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8 | | Sec. 15. Meetings. The Commission shall hold its first |
9 | | meeting by February 15, 2023 within 2 months from the |
10 | | effective date of this Act . The Commission may conduct |
11 | | meetings at such places and at such times as it may deem |
12 | | necessary or convenient to enable it to exercise fully and |
13 | | effectively its powers, perform its duties, and accomplish its |
14 | | objectives and purposes.
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15 | | (Source: P.A. 102-988, eff. 5-27-22.)
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16 | | (20 ILCS 4116/25) |
17 | | (Section scheduled to be repealed on February 1, 2023)
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18 | | Sec. 25. Report. The Commission shall direct the Illinois |
19 | | Department of Transportation to enter into a contract with a |
20 | | third party to assist the Commission in producing a document |
21 | | that evaluates the topics under this Act and outline formal |
22 | | recommendations that can be acted upon by the General |
23 | | Assembly. The Commission shall report a summary of its |
24 | | activities and produce a final report of the data, findings, |
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1 | | and recommendations to the General Assembly by September 15, |
2 | | 2023 January 31, 2023 . The final report shall include |
3 | | specific, actionable recommendations for legislation and |
4 | | organizational adjustments. The final report may include |
5 | | recommendations for pilot programs to test alternatives. The |
6 | | final report and recommendations shall also include any |
7 | | minority and individual views of task force members.
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8 | | (Source: P.A. 102-988, eff. 5-27-22.)
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9 | | (20 ILCS 4116/30) |
10 | | (Section scheduled to be repealed on February 1, 2023)
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11 | | Sec. 30. Repeal. This Commission is dissolved, and this |
12 | | Act is repealed , on September 30, 2023 February 1, 2023 .
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13 | | (Source: P.A. 102-988, eff. 5-27-22.)
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14 | | Section 65. The Renewable Energy Component Recycling Task |
15 | | Force Act is amended by changing Section 10 as follows:
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16 | | (20 ILCS 4118/10) |
17 | | (Section scheduled to be repealed on December 31, 2025)
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18 | | Sec. 10. The Renewable Energy Component Recycling Task |
19 | | Force.
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20 | | (a) The Renewable Energy Component Recycling Task Force, |
21 | | hereinafter referred to as the REC Recycling Task Force, is |
22 | | hereby established.
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23 | | (b) The REC Recycling Task Force shall consist of the |
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1 | | following members:
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2 | | (1) The Director of the Environmental Protection |
3 | | Agency or his or her designee;
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4 | | (2) The Chair of the Illinois Commerce Commission or |
5 | | his or her designee;
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6 | | (3) The Director of the Illinois Power Agency or his |
7 | | or her designee;
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8 | | (4) Four members appointed by the Governor, including |
9 | | one representing a solid waste disposal organization, one |
10 | | representing a renewable energy organization, and one |
11 | | representing an environmental advocacy organization;
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12 | | (5) Two members appointed by the President of the |
13 | | Senate , one representing a solid waste disposal |
14 | | organization and one representing a renewable energy |
15 | | organization ;
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16 | | (6) Two members appointed by the Minority Leader of |
17 | | the Senate , one representing a solid waste disposal |
18 | | organization and one representing a renewable energy |
19 | | organization ;
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20 | | (7) Two members appointed by the Speaker of the House |
21 | | of Representatives , one representing a solid waste |
22 | | disposal organization and one representing a renewable |
23 | | energy organization ; and
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24 | | (8) Two members appointed by the Minority Leader of |
25 | | the House of Representatives , one representing a solid |
26 | | waste disposal organization and one representing a |
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1 | | renewable energy organization .
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2 | | (c) The REC Recycling Task Force shall meet at the call of |
3 | | the Chair at least quarterly to fulfill its duties under this |
4 | | Act. At the first meeting of the REC Recycling Task Force, the |
5 | | Task Force shall elect from among its members a Chair and such |
6 | | other officers as it may choose.
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7 | | (d) The Environmental Protection Agency shall coordinate |
8 | | meetings for and provide other logistical assistance to the |
9 | | REC Recycling Task Force. The Agency may, upon request by the |
10 | | Task Force, arrange to have outside experts provide research |
11 | | assistance, technical support, and assistance in the |
12 | | preparation of reports for the REC Recycling Task Force. |
13 | | Notwithstanding any law to the contrary, the Environmental |
14 | | Protection Agency may use moneys from the Solid Waste |
15 | | Management Fund to fulfill its obligations under this Section, |
16 | | including any obligation it may have to arrange to have |
17 | | outside experts provide support and assistance to the Task |
18 | | Force pursuant to this subsection. |
19 | | (e) Members of the REC Recycling Task Force shall serve |
20 | | without compensation , but the Task Force may, within the |
21 | | limits of any funds appropriated or otherwise made available |
22 | | to it, reimburse its members for actual and necessary expenses |
23 | | incurred in the discharge of their Task Force duties.
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24 | | (Source: P.A. 102-1025, eff. 5-27-22.)
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25 | | Section 70. The Illinois Indian American Advisory Council |
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1 | | Act is amended by changing Section 1, 5, 10, 15, 20, and 25 as |
2 | | follows:
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3 | | (20 ILCS 4120/1)
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4 | | Sec. 1. Short title. This Act may be cited as the Illinois |
5 | | South Asian Indian American Advisory Council Act.
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6 | | (Source: P.A. 102-1058, eff. 1-1-23 .)
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7 | | (20 ILCS 4120/5)
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8 | | Sec. 5. Definitions.
As used in this Act:
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9 | | "South Asian" "Indian" means a person descended from any |
10 | | of the countries of the South Asian subcontinent that are not |
11 | | primarily Muslim in character, including India, Bhutan, Nepal, |
12 | | and Sri Lanka .
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13 | | "Council" means the Illinois South Asian Indian American |
14 | | Advisory Council created by this Act.
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15 | | (Source: P.A. 102-1058, eff. 1-1-23 .)
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16 | | (20 ILCS 4120/10)
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17 | | Sec. 10. Illinois South Asian Indian American Advisory |
18 | | Council. There is hereby created the Illinois South Asian |
19 | | Indian American Advisory Council. The purpose of the Council |
20 | | is to advise the Governor and the General Assembly on policy |
21 | | issues impacting South Asian Indian Americans and immigrants; |
22 | | to advance the role and civic participation of South Asian |
23 | | Indian Americans in this State; to enhance trade and |
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1 | | cooperation between South Asian Indian-majority countries and |
2 | | this State; and, in cooperation with State agencies, boards, |
3 | | and commissions, to build relationships with and disseminate |
4 | | information to South Asian Indian American and immigrant |
5 | | communities across this State.
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6 | | (Source: P.A. 102-1058, eff. 1-1-23 .)
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7 | | (20 ILCS 4120/15)
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8 | | Sec. 15. Council members.
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9 | | (a) The Council shall consist of 21 voting members. The |
10 | | Governor shall appoint one voting member, who shall act as the |
11 | | chairperson of the Council and serve as the representative of |
12 | | the Office of the Governor. The Governor, the President of the |
13 | | Senate, the Speaker of the House of Representatives, the |
14 | | Minority Leader of the Senate, and the Minority Leader of the |
15 | | House of Representatives shall each appoint 4 members of the |
16 | | public to the Council, who shall also serve as voting members. |
17 | | (b) Appointing authorities shall ensure, to the maximum |
18 | | extent practicable, that the Council is diverse with respect |
19 | | to race, ethnicity, age, gender, faith, sexual orientation, |
20 | | language, country of origin, and geography.
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21 | | (c) Appointments to the Council shall be persons of |
22 | | recognized ability and experience in one or more of the |
23 | | following areas: higher education, business, international |
24 | | trade, law, social services, human services, immigration, |
25 | | refugee services, community development, or health care.
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1 | | (d) Appointed members of the Council shall serve 2-year |
2 | | terms. A member shall serve until his or her successor shall be |
3 | | appointed. Members of the Council shall not be entitled to |
4 | | compensation for their services as members.
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5 | | (e) The following officials shall serve as ex officio, |
6 | | nonvoting members of the Council: the Deputy Director of the |
7 | | Office of Trade and Investment within the Department of |
8 | | Commerce and Economic Opportunity, or his or her designee, and |
9 | | the Chief of the Bureau of Refugee and Immigrant Services |
10 | | within the Department of Human Services, or his or her |
11 | | designee.
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12 | | The following State agencies shall also each appoint a |
13 | | liaison to serve as an ex officio, nonvoting member members of |
14 | | the Council: the Department of Commerce and Economic |
15 | | Opportunity, the Department of Financial and Professional |
16 | | Regulation, the Department of Human Services, the Department |
17 | | on Aging, the Department of Children and Family Services, the |
18 | | Department of Healthcare and Family Services, the Department |
19 | | of Public Health, the Department of Central Management |
20 | | Services, the Illinois State Board of Education, the Illinois |
21 | | Board of Higher Education, and the Illinois Community College |
22 | | Board.
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23 | | (f) The Council may establish committees that address |
24 | | certain issues, including, but not limited to, communications, |
25 | | economic development, and legislative affairs.
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26 | | (g) (Blank). The Office of the Governor shall provide |
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1 | | administrative and technical support to the Council, including |
2 | | a staff member to serve as ethics officer.
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3 | | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
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4 | | (20 ILCS 4120/20)
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5 | | Sec. 20. Meetings. The Council shall meet at least once |
6 | | per each calendar quarter. In addition, the Council may hold |
7 | | up to 2 public hearings annually to assist in the development |
8 | | of policy recommendations to the Governor and the General |
9 | | Assembly. All meetings of the Council shall be conducted in |
10 | | accordance with the Open Meetings Act. Eleven members of the |
11 | | Council shall constitute a quorum.
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12 | | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
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13 | | (20 ILCS 4120/25)
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14 | | Sec. 25. Reports.
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15 | | (a) The Council shall issue semi-annual reports on its |
16 | | policy recommendations to the Governor and the General |
17 | | Assembly by June 30th and December 31st of each year.
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18 | | (b) The reports on policy recommendations shall focus on, |
19 | | but are not limited to, the following: (i) policy issues |
20 | | impacting South Asian Indian Americans and immigrants; (ii) |
21 | | advancement of the role and civic participation of South Asian |
22 | | Indian Americans in this State; (iii) enhancement of trade and |
23 | | cooperation between South Asian Indian-majority countries and |
24 | | this State; and (iv) building relationships with and |
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1 | | disseminating information to, in cooperation with State |
2 | | agencies, boards, and commissions, South Asian Indian American |
3 | | and immigrant communities across this State.
|
4 | | (Source: P.A. 102-1058, eff. 1-1-23 .)
|
5 | | Section 75. The Hydrogen Economy Act is amended by |
6 | | changing Section 95 as follows:
|
7 | | (20 ILCS 4122/95) |
8 | | (Section scheduled to be repealed on June 1, 2023)
|
9 | | Sec. 95. Repealer. This Act is repealed on June 1, 2026 |
10 | | 2023 .
|
11 | | (Source: P.A. 102-1086, eff. 6-10-22.)
|
12 | | Section 80. The Human Trafficking Task Force Act is |
13 | | amended by changing Section 5 as follows:
|
14 | | (20 ILCS 5086/5) |
15 | | (Section scheduled to be repealed on July 1, 2024)
|
16 | | Sec. 5. Human Trafficking Task Force created. |
17 | | (a) There is created the Human Trafficking Task Force to |
18 | | address the growing problem of human trafficking across this |
19 | | State. The Human Trafficking Task Force shall consist of the |
20 | | following persons: |
21 | | (1) five three members of the House of |
22 | | Representatives, appointed by the Speaker of the House of |
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1 | | Representatives;
|
2 | | (2) five three members of the House of |
3 | | Representatives, appointed by the Minority Leader of the |
4 | | House of Representatives;
|
5 | | (3) five three members of the Senate, appointed by the |
6 | | President of the Senate; |
7 | | (4) five three members of the Senate, appointed by the |
8 | | Minority Leader of the Senate; |
9 | | (5) one representative of the Cook County Human |
10 | | Trafficking Task Force, appointed by the Governor; and |
11 | | (6) one representative of the Central Illinois Human |
12 | | Trafficking Task Force, appointed by the Governor. |
13 | | (b) The Task Force shall include the following ex officio |
14 | | members: |
15 | | (1) the Director of the Illinois State Police, or his |
16 | | or her designee; |
17 | | (2) the Director of the Department of Children and |
18 | | Family Services, or his or her designee; |
19 | | (3) the Secretary of the Department of Human Services, |
20 | | or his or her designee; and |
21 | | (4) the Director of the Department of Healthcare and |
22 | | Family Services, or his or her designee. |
23 | | (c) Members of the Human Trafficking Task Force shall |
24 | | serve without compensation.
|
25 | | (Source: P.A. 102-323, eff. 8-6-21.)
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1 | | Section 85. The Illinois Muslim American Advisory Council |
2 | | Act is amended by changing Section 20 as follows:
|
3 | | (20 ILCS 5110/20)
|
4 | | Sec. 20. Council members. |
5 | | (a) The Council shall consist of 21 members. The Governor |
6 | | shall appoint one member to be the representative of the |
7 | | Office of the Governor. The Governor, the President of the |
8 | | Senate, the Speaker of the House of Representatives, the |
9 | | Minority Leader of the Senate, and the Minority Leader of the |
10 | | House of Representatives shall also each appoint 4 public |
11 | | members to the Council. The Governor shall select the |
12 | | chairperson of the Council from among the members. |
13 | | (b) Appointing authorities shall ensure, to the maximum |
14 | | extent practicable, that the Council is diverse with respect |
15 | | to race, ethnicity, age, gender, and geography. |
16 | | (c) Appointments to the Council shall be persons of |
17 | | recognized ability and experience in one or more of the |
18 | | following areas: higher education, business, international |
19 | | trade, law, social services, human services, immigration, |
20 | | refugee services, community development, or healthcare. |
21 | | (d) Members of the Council shall serve 2-year terms. A |
22 | | member shall serve until his or her successor shall be |
23 | | appointed. Members of the Council shall not be entitled to |
24 | | compensation for their services as members. |
25 | | (e) The following officials shall serve as ex officio |
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1 | | ex-officio members: the Deputy Director of the Office of Trade |
2 | | and Investment within the Department of Commerce and Economic |
3 | | Opportunity, or his or her designee, and the Chief of the |
4 | | Bureau of Refugee and Immigrant Services within the Department |
5 | | of Human Services, or his or her designee. In addition, the |
6 | | Department on Aging, the Department of Children and Family |
7 | | Services, the Department of Healthcare and Family Services, |
8 | | the Department of Public Health, the Department of Central |
9 | | Management Services, the Board of Education, the Board of |
10 | | Higher Education, and the Community College Board shall each |
11 | | appoint a liaison to serve as an ex officio ex-officio member |
12 | | of the Council. |
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. 100-459, eff. 8-25-17.)
|
20 | | Section 90. The Metropolitan Pier and Exposition Authority |
21 | | Act is amended by changing Section 14 as follows:
|
22 | | (70 ILCS 210/14) (from Ch. 85, par. 1234) |
23 | | Sec. 14. Board; compensation. The governing and |
24 | | administrative body of the Authority shall be a
board known as |
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1 | | the Metropolitan Pier and Exposition Board. On the effective |
2 | | date of this amendatory Act of the 96th General Assembly, the |
3 | | Trustee shall assume the duties and powers of the Board for a |
4 | | period of 18 months or until the Board is fully constituted, |
5 | | whichever is later. Any action requiring Board approval shall |
6 | | be deemed approved by the Board if the Trustee approves the |
7 | | action in accordance with Section 14.5. Beginning the first |
8 | | Monday of the month occurring 18 months after the effective |
9 | | date of this amendatory Act of the 96th General Assembly and |
10 | | until the effective date of this amendatory Act of the 102nd |
11 | | General Assembly , the Board shall consist of 9 members. On and |
12 | | after the effective date of this amendatory Act of the 102nd |
13 | | General Assembly, the Board shall consist of 11 members. The |
14 | | Governor shall appoint 5 4 members to the Board, subject to the |
15 | | advice and consent of the Senate. The Mayor shall appoint 5 4 |
16 | | members to the Board. At least one member of the Board shall |
17 | | represent the interests of labor , and at least one member of |
18 | | the Board shall represent the interests of the convention |
19 | | industry. A majority of the members appointed by the Governor |
20 | | and Mayor shall appoint a ninth member to serve as the |
21 | | chairperson until the chairperson's term expires on or after |
22 | | the effective date of this amendatory Act of the 102nd General |
23 | | Assembly, at which time, a majority of the members appointed |
24 | | by the Governor and Mayor shall appoint an eleventh member to |
25 | | serve as the chairperson . The Board shall be fully constituted |
26 | | when a quorum has been appointed. The members of
the board |
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1 | | shall be individuals of generally recognized ability and
|
2 | | integrity. No member of the Board may be (i) an
officer or |
3 | | employee of, or a member of a board, commission or authority |
4 | | of,
the State, any unit of local government or any school |
5 | | district or (ii) a person who served on the Board prior to the |
6 | | effective date of this amendatory Act of the 96th General |
7 | | Assembly. |
8 | | Of the initial members appointed by the Governor, one |
9 | | shall serve for a term expiring June 1, 2013, one shall serve |
10 | | for a term expiring June 1, 2014, one shall serve for a term |
11 | | expiring June 1, 2015, and one shall serve for a term expiring |
12 | | June 1, 2016, as determined by the Governor. Of the initial |
13 | | members appointed by the Mayor, one shall serve for a term |
14 | | expiring June 1, 2013, one shall serve for a term expiring June |
15 | | 1, 2014, one shall serve for a term expiring June 1, 2015, and |
16 | | one shall serve for a term expiring June 1, 2016, as determined |
17 | | by the Mayor. The initial chairperson appointed by the Board |
18 | | shall serve a term for a term expiring June 1, 2015. Additional |
19 | | members of the Board appointed pursuant to this amendatory Act |
20 | | of the 102nd General Assembly shall serve for a term expiring |
21 | | on June 1, 2026. Successors shall be appointed to 4-year |
22 | | terms. |
23 | | Members of the Board shall serve without compensation, but |
24 | | shall be reimbursed for actual
expenses incurred by them in |
25 | | the performance of their duties. All members of
the Board and |
26 | | employees of the Authority are subject to the Illinois
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1 | | Governmental Ethics Act, in accordance with its terms. |
2 | | (Source: P.A. 102-699, eff. 4-19-22.)
|
3 | | Section 95. The Alexander-Cairo Port District Act is |
4 | | amended by changing Sections 95, 100, and 115 as follows:
|
5 | | (70 ILCS 1801/95)
|
6 | | Sec. 95. Board members. The governing and administrative |
7 | | body of the Port District shall be a Board consisting of 9 7 |
8 | | members, to be known as the Alexander-Cairo Port District |
9 | | Board. All members of the Board shall be residents of the |
10 | | District , except the member with wetlands mitigation |
11 | | experience and the member with economic development experience |
12 | | do not need to be residents of the District . The members of the |
13 | | Board shall serve without compensation but shall be reimbursed |
14 | | for actual expenses incurred by them in the performance of |
15 | | their duties. However, any member of the Board who is |
16 | | appointed to the office of secretary or treasurer may receive |
17 | | compensation for his or her services as such officer. No |
18 | | member of the Board or employee of the District shall have any |
19 | | private financial interest, profit, or benefit in any |
20 | | contract, work, or business of the District nor in the sale or |
21 | | lease of any property to or from the District.
|
22 | | (Source: P.A. 96-1015, eff. 7-8-10.)
|
23 | | (70 ILCS 1801/100)
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1 | | Sec. 100. Board appointments; terms. The Governor shall |
2 | | appoint 6 4 members of the Board, including one member with |
3 | | wetlands mitigation experience and one member with economic |
4 | | development experience. The member with wetlands mitigation |
5 | | experience and the member with economic development experience |
6 | | do not need to be residents of the District. The the Mayor of |
7 | | the City of Cairo shall appoint one member of the Board, and |
8 | | the chairperson of the Alexander County Board, with the advice |
9 | | and consent of the Alexander County Board, shall appoint 2 |
10 | | members of the Board. All initial appointments shall be made |
11 | | within 60 days after this Act takes effect. Of the 4 members |
12 | | initially appointed by the Governor, 2 shall be appointed for |
13 | | initial terms expiring June 1, 2012 and 2 shall be appointed |
14 | | for initial terms expiring June 1, 2013. The term of the member |
15 | | initially appointed by the Mayor shall expire June 1, 2013. Of |
16 | | the 2 members appointed by the Alexander County Board |
17 | | Chairperson, one shall be appointed for an initial term |
18 | | expiring June 1, 2012, and one shall be appointed for an |
19 | | initial term expiring June 1, 2013. Additional members of the |
20 | | Board appointed pursuant to this amendatory Act of the 102nd |
21 | | General Assembly shall serve for a term expiring on June 1, |
22 | | 2025. At the expiration of the term of any member, his or her |
23 | | successor shall be appointed by the Governor, Mayor, or |
24 | | Alexander County Board Chairperson in like manner and with |
25 | | like regard to the place of residence of the appointee, as in |
26 | | the case of appointments for the initial terms. |
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1 | | After the expiration of initial terms, each successor |
2 | | shall hold office for the term of 3 years beginning the first |
3 | | day of June of the year in which the term of office commences. |
4 | | In the case of a vacancy during the term of office of any |
5 | | member appointed by the Governor, the Governor shall make an |
6 | | appointment for the remainder of the term vacant and until a |
7 | | successor is appointed and qualified. In the case of a vacancy |
8 | | during the term of office of any member appointed by the Mayor, |
9 | | the Mayor shall make an appointment for the remainder of the |
10 | | term vacant and until a successor is appointed and qualified. |
11 | | In the case of a vacancy during the term of office of any |
12 | | member appointed by the Alexander County Board Chairperson, |
13 | | the Alexander County Board Chairperson shall make an |
14 | | appointment for the remainder of the term vacant and until a |
15 | | successor is appointed and qualified. The Governor, Mayor, and |
16 | | Alexander County Board Chairperson shall certify their |
17 | | respective appointments to the Secretary of State. Within 30 |
18 | | days after certification of his or her appointment, and before |
19 | | entering upon the duties of his or her office, each member of |
20 | | the Board shall take and subscribe the constitutional oath of |
21 | | office and file it in the office of the Secretary of State.
|
22 | | (Source: P.A. 96-1015, eff. 7-8-10.)
|
23 | | (70 ILCS 1801/115)
|
24 | | Sec. 115. Meetings. Regular meetings of the Board shall be |
25 | | held at least once in each calendar month, the time and place |
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1 | | of the meetings to be fixed by the Board. Five Four members of |
2 | | the Board shall constitute a quorum for the transaction of |
3 | | business. All action of the Board shall be by ordinance or |
4 | | resolution and the affirmative vote of at least 5 4 members |
5 | | shall be necessary for the adoption of any ordinance or |
6 | | resolution. All such ordinances and resolutions before taking |
7 | | effect shall be approved by the chairperson of the Board, and |
8 | | if he or she approves, the chairperson shall sign the same, and |
9 | | if the chairperson does not approve, the chairperson shall |
10 | | return to the Board with his or her objections in writing at |
11 | | the next regular meeting of the Board occurring after the |
12 | | passage. But in the case the chairperson fails to return any |
13 | | ordinance or resolution with his or her objections within the |
14 | | prescribed time, the chairperson shall be deemed to have |
15 | | approved the ordinance , and it shall take effect accordingly. |
16 | | Upon the return of any ordinance or resolution by the |
17 | | chairperson with his or her objections, the vote shall be |
18 | | reconsidered by the Board, and if, upon reconsideration of the |
19 | | ordinance or resolution, it is passed by the affirmative vote |
20 | | of at least 5 members, it shall go into effect notwithstanding |
21 | | the veto of the chairperson. All ordinances, resolutions, and |
22 | | proceedings of the District and all documents and records in |
23 | | its possession shall be public records, and open to public |
24 | | inspection, except for documents and records that are kept or |
25 | | prepared by the Board for use in negotiations, legal actions, |
26 | | or proceedings to which the District is a party.
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1 | | (Source: P.A. 96-1015, eff. 7-8-10.)
|
2 | | Section 100. The Illinois Gambling Act is amended by |
3 | | changing Section 5 as follows:
|
4 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
|
5 | | Sec. 5. Gaming Board.
|
6 | | (a) (1) There is hereby established the
Illinois Gaming |
7 | | Board, which shall have the powers and duties specified in
|
8 | | this Act, and all other powers necessary and proper to fully |
9 | | and
effectively execute this Act for the purpose of |
10 | | administering, regulating,
and enforcing the system of |
11 | | riverboat and casino gambling established by this Act and |
12 | | gaming pursuant to an organization gaming license issued under |
13 | | this Act. Its
jurisdiction shall extend under this Act to |
14 | | every person, association,
corporation, partnership and trust |
15 | | involved in riverboat and casino gambling
operations and |
16 | | gaming pursuant to an organization gaming license issued under |
17 | | this Act in the State of Illinois.
|
18 | | (2) The Board shall consist of 5 members to be appointed by |
19 | | the Governor
with the advice and consent of the Senate, one of |
20 | | whom shall be designated
by the Governor to be chairperson. |
21 | | Each member shall have a reasonable
knowledge of the practice, |
22 | | procedure and principles of gambling operations.
Each member |
23 | | shall either be a resident of Illinois or shall certify that he |
24 | | or she
will become a resident of Illinois before taking |
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1 | | office. |
2 | | On and after the effective date of this amendatory Act of |
3 | | the 101st General Assembly, new appointees to the Board must |
4 | | include the following: |
5 | | (A) One member who has received, at a minimum, a |
6 | | bachelor's degree from an accredited school and at least |
7 | | 10 years of verifiable experience in the fields of |
8 | | investigation and law enforcement. |
9 | | (B) One member who is a certified public accountant |
10 | | with experience in auditing and with knowledge of complex |
11 | | corporate structures and transactions. |
12 | | (C) One member who has 5 years' experience as a |
13 | | principal, senior officer, or director of a company or |
14 | | business with either material responsibility for the daily |
15 | | operations and management of the overall company or |
16 | | business or material responsibility for the policy making |
17 | | of the company or business. |
18 | | (D) One member who is an attorney licensed to practice |
19 | | law in Illinois for at least 5 years. |
20 | | Notwithstanding any provision of this subsection (a), the |
21 | | requirements of subparagraphs (A) through (D) of this |
22 | | paragraph (2) shall not apply to any person reappointed |
23 | | pursuant to paragraph (3). |
24 | | No more than 3 members of the Board may be from the same |
25 | | political party. No Board member shall, within a period of one |
26 | | year immediately preceding nomination, have been employed or |
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1 | | received compensation or fees for services from a person or |
2 | | entity, or its parent or affiliate, that has engaged in |
3 | | business with the Board, a licensee, or a licensee under the |
4 | | Illinois Horse Racing Act of 1975. Board members must publicly |
5 | | disclose all prior affiliations with gaming interests, |
6 | | including any compensation, fees, bonuses, salaries, and other |
7 | | reimbursement received from a person or entity, or its parent |
8 | | or affiliate, that has engaged in business with the Board, a |
9 | | licensee, or a licensee under the Illinois Horse Racing Act of |
10 | | 1975. This disclosure must be made within 30 days after |
11 | | nomination but prior to confirmation by the Senate and must be |
12 | | made available to the members of the Senate.
|
13 | | (3) The terms of office of the Board members shall be 3 |
14 | | years, except
that the terms of office of the initial Board |
15 | | members appointed pursuant to
this Act will commence from the |
16 | | effective date of this Act and run as
follows: one for a term |
17 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 |
18 | | for a term ending July 1, 1993. Upon the expiration of the
|
19 | | foregoing terms, the successors of such members shall serve a |
20 | | term for 3
years and until their successors are appointed and |
21 | | qualified for like terms.
Vacancies in the Board shall be |
22 | | filled for the unexpired term in like
manner as original |
23 | | appointments. Each member of the Board shall be
eligible for |
24 | | reappointment at the discretion of the Governor with the
|
25 | | advice and consent of the Senate.
|
26 | | (4) Each member of the Board shall receive $300 for each |
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1 | | day the
Board meets and for each day the member conducts any |
2 | | hearing pursuant to
this Act. Each member of the Board shall |
3 | | also be reimbursed for all actual
and necessary expenses and |
4 | | disbursements incurred in the execution of official
duties.
|
5 | | (5) No person shall be appointed a member of the Board or |
6 | | continue to be
a member of the Board who is, or whose spouse, |
7 | | child or parent is, a member
of the board of directors of, or a |
8 | | person financially interested in, any
gambling operation |
9 | | subject to the jurisdiction of this Board, or any race
track, |
10 | | race meeting, racing association or the operations thereof |
11 | | subject
to the jurisdiction of the Illinois Racing Board. No |
12 | | Board member shall
hold any other public office. No person |
13 | | shall be a
member of the Board who is not of good moral |
14 | | character or who has been
convicted of, or is under indictment |
15 | | for, a felony under the laws of
Illinois or any other state, or |
16 | | the United States.
|
17 | | (5.5) No member of the Board shall engage in any political |
18 | | activity. For the purposes of this Section, "political" means |
19 | | any activity in support
of or in connection with any campaign |
20 | | for federal, State, or local elective office or any political
|
21 | | organization, but does not include activities (i) relating to |
22 | | the support or
opposition of any executive, legislative, or |
23 | | administrative action (as those
terms are defined in Section 2 |
24 | | of the Lobbyist Registration Act), (ii) relating
to collective |
25 | | bargaining, or (iii) that are
otherwise
in furtherance of the |
26 | | person's official
State duties or governmental and public |
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1 | | service functions.
|
2 | | (6) Any member of the Board may be removed by the Governor |
3 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
4 | | in office or for engaging in any political activity.
|
5 | | (7) Before entering upon the discharge of the duties of |
6 | | his office, each
member of the Board shall take an oath that he |
7 | | will faithfully execute the
duties of his office according to |
8 | | the laws of the State and the rules and
regulations adopted |
9 | | therewith and shall give bond to the State of Illinois,
|
10 | | approved by the Governor, in the sum of $25,000. Every such |
11 | | bond, when
duly executed and approved, shall be recorded in |
12 | | the office of the
Secretary of State. Whenever the Governor |
13 | | determines that the bond of any
member of the Board has become |
14 | | or is likely to become invalid or
insufficient, he shall |
15 | | require such member forthwith to renew his bond,
which is to be |
16 | | approved by the Governor. Any member of the Board who fails
to |
17 | | take oath and give bond within 30 days from the date of his |
18 | | appointment,
or who fails to renew his bond within 30 days |
19 | | after it is demanded by the
Governor, shall be guilty of |
20 | | neglect of duty and may be removed by the
Governor. The cost of |
21 | | any bond given by any member of the Board under this
Section |
22 | | shall be taken to be a part of the necessary expenses of the |
23 | | Board.
|
24 | | (7.5) For the examination of all mechanical, |
25 | | electromechanical, or electronic table games, slot machines, |
26 | | slot accounting systems, sports wagering systems, and other |
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1 | | electronic gaming equipment, and the field inspection of such |
2 | | systems, games, and machines, for compliance with this Act, |
3 | | the Board shall utilize the services of independent outside |
4 | | testing laboratories that have been accredited in accordance |
5 | | with ISO/IEC 17025 by an accreditation body that is a |
6 | | signatory to the International Laboratory Accreditation |
7 | | Cooperation Mutual Recognition Agreement signifying they are |
8 | | qualified to perform such examinations. Notwithstanding any |
9 | | law to the contrary, the Board shall consider the licensing of |
10 | | independent outside testing laboratory applicants in |
11 | | accordance with procedures established by the Board by rule. |
12 | | The Board shall not withhold its approval of an independent |
13 | | outside testing laboratory license applicant that has been |
14 | | accredited as required under this paragraph (7.5) and is |
15 | | licensed in gaming jurisdictions comparable to Illinois. Upon |
16 | | the finalization of required rules, the Board shall license |
17 | | independent testing laboratories and accept the test reports |
18 | | of any licensed testing laboratory of the system's, game's, or |
19 | | machine manufacturer's choice, notwithstanding the existence |
20 | | of contracts between the Board and any independent testing |
21 | | laboratory. |
22 | | (8) The Board shall employ such
personnel as may be |
23 | | necessary to carry out its functions and shall determine the |
24 | | salaries of all personnel, except those personnel whose |
25 | | salaries are determined under the terms of a collective |
26 | | bargaining agreement. No
person shall be employed to serve the |
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1 | | Board who is, or whose spouse, parent
or child is, an official |
2 | | of, or has a financial interest in or financial
relation with, |
3 | | any operator engaged in gambling operations within this
State |
4 | | or any organization engaged in conducting horse racing within |
5 | | this
State. For the one year immediately preceding employment, |
6 | | an employee shall not have been employed or received |
7 | | compensation or fees for services from a person or entity, or |
8 | | its parent or affiliate, that has engaged in business with the |
9 | | Board, a licensee, or a licensee under the Illinois Horse |
10 | | Racing Act of 1975. Any employee violating these prohibitions |
11 | | shall be subject to
termination of employment.
|
12 | | (9) An Administrator shall perform any and all duties that |
13 | | the Board
shall assign him. The salary of the Administrator |
14 | | shall be determined by
the Board and, in addition,
he shall be |
15 | | reimbursed for all actual and necessary expenses incurred by
|
16 | | him in discharge of his official duties. The Administrator |
17 | | shall keep
records of all proceedings of the Board and shall |
18 | | preserve all records,
books, documents and other papers |
19 | | belonging to the Board or entrusted to
its care. The |
20 | | Administrator shall devote his full time to the duties of
the |
21 | | office and shall not hold any other office or employment.
|
22 | | (b) The Board shall have general responsibility for the |
23 | | implementation
of this Act. Its duties include, without |
24 | | limitation, the following:
|
25 | | (1) To decide promptly and in reasonable order all |
26 | | license applications.
Any party aggrieved by an action of |
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1 | | the Board denying, suspending,
revoking, restricting or |
2 | | refusing to renew a license may request a hearing
before |
3 | | the Board. A request for a hearing must be made to the |
4 | | Board in
writing within 5 days after service of notice of |
5 | | the action of the Board.
Notice of the action of the Board |
6 | | shall be served either by personal
delivery or by |
7 | | certified mail, postage prepaid, to the aggrieved party.
|
8 | | Notice served by certified mail shall be deemed complete |
9 | | on the business
day following the date of such mailing. |
10 | | The Board shall conduct any such hearings promptly and in |
11 | | reasonable order;
|
12 | | (2) To conduct all hearings pertaining to civil |
13 | | violations of this Act
or rules and regulations |
14 | | promulgated hereunder;
|
15 | | (3) To promulgate such rules and regulations as in its |
16 | | judgment may be
necessary to protect or enhance the |
17 | | credibility and integrity of gambling
operations |
18 | | authorized by this Act and the regulatory process |
19 | | hereunder;
|
20 | | (4) To provide for the establishment and collection of |
21 | | all license and
registration fees and taxes imposed by |
22 | | this Act and the rules and
regulations issued pursuant |
23 | | hereto. All such fees and taxes shall be
deposited into |
24 | | the State Gaming Fund;
|
25 | | (5) To provide for the levy and collection of |
26 | | penalties and fines for the
violation of provisions of |
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1 | | this Act and the rules and regulations
promulgated |
2 | | hereunder. All such fines and penalties shall be deposited
|
3 | | into the Education Assistance Fund, created by Public Act |
4 | | 86-0018, of the
State of Illinois;
|
5 | | (6) To be present through its inspectors and agents |
6 | | any time gambling
operations are conducted on any |
7 | | riverboat, in any casino, or at any organization gaming
|
8 | | facility for the purpose of certifying the
revenue |
9 | | thereof, receiving complaints from the public, and |
10 | | conducting such
other investigations into the conduct of |
11 | | the gambling games and the
maintenance of the equipment as |
12 | | from time to time the Board may deem
necessary and proper;
|
13 | | (7) To review and rule upon any complaint by a |
14 | | licensee
regarding any investigative procedures of the |
15 | | State which are unnecessarily
disruptive of gambling |
16 | | operations. The need to inspect and investigate
shall be |
17 | | presumed at all times. The disruption of a licensee's |
18 | | operations
shall be proved by clear and convincing |
19 | | evidence, and establish that: (A)
the procedures had no |
20 | | reasonable law enforcement purposes, and (B) the
|
21 | | procedures were so disruptive as to unreasonably inhibit |
22 | | gambling operations;
|
23 | | (8) To hold at least one meeting each quarter of the |
24 | | fiscal
year. In addition, special meetings may be called |
25 | | by the Chairman or any 2
Board members upon 72 hours |
26 | | written notice to each member. All Board
meetings shall be |
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1 | | subject to the Open Meetings Act. Three members of the
|
2 | | Board shall constitute a quorum, and 3 votes shall be |
3 | | required for any
final determination by the Board. The |
4 | | Board shall keep a complete and
accurate record of all its |
5 | | meetings. A majority of the members of the Board
shall |
6 | | constitute a quorum for the transaction of any business, |
7 | | for the
performance of any duty, or for the exercise of any |
8 | | power which this Act
requires the Board members to |
9 | | transact, perform or exercise en banc, except
that, upon |
10 | | order of the Board, one of the Board members or an
|
11 | | administrative law judge designated by the Board may |
12 | | conduct any hearing
provided for under this Act or by |
13 | | Board rule and may recommend findings and
decisions to the |
14 | | Board. The Board member or administrative law judge
|
15 | | conducting such hearing shall have all powers and rights |
16 | | granted to the
Board in this Act. The record made at the |
17 | | time of the hearing shall be
reviewed by the Board, or a |
18 | | majority thereof, and the findings and decision
of the |
19 | | majority of the Board shall constitute the order of the |
20 | | Board in
such case;
|
21 | | (9) To maintain records which are separate and |
22 | | distinct from the records
of any other State board or |
23 | | commission. Such records shall be available
for public |
24 | | inspection and shall accurately reflect all Board |
25 | | proceedings;
|
26 | | (10) To file a written annual report with the Governor |
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1 | | on or before
July 1 each year and such additional reports |
2 | | as the Governor may request.
The annual report shall |
3 | | include a statement of receipts and disbursements
by the |
4 | | Board, actions taken by the Board, and any additional |
5 | | information
and recommendations which the Board may deem |
6 | | valuable or which the Governor
may request;
|
7 | | (11) (Blank);
|
8 | | (12) (Blank);
|
9 | | (13) To assume responsibility for administration and |
10 | | enforcement of the
Video Gaming Act; |
11 | | (13.1) To assume responsibility for the administration |
12 | | and enforcement
of operations at organization gaming |
13 | | facilities pursuant to this Act and the
Illinois Horse |
14 | | Racing Act of 1975; |
15 | | (13.2) To assume responsibility for the administration |
16 | | and enforcement
of the Sports Wagering Act; and |
17 | | (14) To adopt, by rule, a code of conduct governing |
18 | | Board members and employees that ensure, to the maximum |
19 | | extent possible, that persons subject to this Code avoid |
20 | | situations, relationships, or associations that may |
21 | | represent or lead to a conflict of interest.
|
22 | | Internal controls and changes submitted by licensees must |
23 | | be reviewed and either approved or denied with cause within 90 |
24 | | days after receipt of submission is deemed final by the |
25 | | Illinois Gaming Board. In the event an internal control |
26 | | submission or change does not meet the standards set by the |
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1 | | Board, staff of the Board must provide technical assistance to |
2 | | the licensee to rectify such deficiencies within 90 days after |
3 | | the initial submission and the revised submission must be |
4 | | reviewed and approved or denied with cause within 90 days |
5 | | after the date the revised submission is deemed final by the |
6 | | Board. For the purposes of this paragraph, "with cause" means |
7 | | that the approval of the submission would jeopardize the |
8 | | integrity of gaming. In the event the Board staff has not acted |
9 | | within the timeframe, the submission shall be deemed approved. |
10 | | (c) The Board shall have jurisdiction over and shall |
11 | | supervise all
gambling operations governed by this Act. The |
12 | | Board shall have all powers
necessary and proper to fully and |
13 | | effectively execute the provisions of
this Act, including, but |
14 | | not limited to, the following:
|
15 | | (1) To investigate applicants and determine the |
16 | | eligibility of
applicants for licenses and to select among |
17 | | competing applicants the
applicants which best serve the |
18 | | interests of the citizens of Illinois.
|
19 | | (2) To have jurisdiction and supervision over all |
20 | | riverboat gambling
operations authorized under this Act |
21 | | and all persons in places where gambling
operations are |
22 | | conducted.
|
23 | | (3) To promulgate rules and regulations for the |
24 | | purpose of administering
the provisions of this Act and to |
25 | | prescribe rules, regulations and
conditions under which |
26 | | all gambling operations subject to this
Act shall be
|
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1 | | conducted. Such rules and regulations are to provide for |
2 | | the prevention of
practices detrimental to the public |
3 | | interest and for the best interests of
riverboat gambling, |
4 | | including rules and regulations regarding the
inspection |
5 | | of organization gaming facilities, casinos, and |
6 | | riverboats, and the review of any permits or licenses
|
7 | | necessary to operate a riverboat, casino, or organization |
8 | | gaming facility under any laws or regulations applicable
|
9 | | to riverboats, casinos, or organization gaming facilities |
10 | | and to impose penalties for violations thereof.
|
11 | | (4) To enter the office, riverboats, casinos, |
12 | | organization gaming facilities, and
other facilities, or |
13 | | other
places of business of a licensee, where evidence of |
14 | | the compliance or
noncompliance with the provisions of |
15 | | this Act is likely to be found.
|
16 | | (5) To investigate alleged violations of this Act or |
17 | | the
rules of the Board and to take appropriate |
18 | | disciplinary
action against a licensee or a holder of an |
19 | | occupational license for a
violation, or institute |
20 | | appropriate legal action for enforcement, or both.
|
21 | | (6) To adopt standards for the licensing of all |
22 | | persons and entities under this Act,
as well as for |
23 | | electronic or mechanical gambling games, and to establish
|
24 | | fees for such licenses.
|
25 | | (7) To adopt appropriate standards for all |
26 | | organization gaming facilities, riverboats, casinos,
and |
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1 | | other facilities authorized under this Act.
|
2 | | (8) To require that the records, including financial |
3 | | or other statements
of any licensee under this Act, shall |
4 | | be kept in such manner as prescribed
by the Board and that |
5 | | any such licensee involved in the ownership or
management |
6 | | of gambling operations submit to the Board an annual |
7 | | balance
sheet and profit and loss statement, list of the |
8 | | stockholders or other
persons having a 1% or greater |
9 | | beneficial interest in the gambling
activities of each |
10 | | licensee, and any other information the Board deems
|
11 | | necessary in order to effectively administer this Act and |
12 | | all rules,
regulations, orders and final decisions |
13 | | promulgated under this Act.
|
14 | | (9) To conduct hearings, issue subpoenas for the |
15 | | attendance of
witnesses and subpoenas duces tecum for the |
16 | | production of books, records
and other pertinent documents |
17 | | in accordance with the Illinois
Administrative Procedure |
18 | | Act, and to administer oaths and affirmations to
the |
19 | | witnesses, when, in the judgment of the Board, it is |
20 | | necessary to
administer or enforce this Act or the Board |
21 | | rules.
|
22 | | (10) To prescribe a form to be used by any licensee |
23 | | involved in the
ownership or management of gambling |
24 | | operations as an
application for employment for their |
25 | | employees.
|
26 | | (11) To revoke or suspend licenses, as the Board may |
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1 | | see fit and in
compliance with applicable laws of the |
2 | | State regarding administrative
procedures, and to review |
3 | | applications for the renewal of licenses. The
Board may |
4 | | suspend an owners license or an organization gaming |
5 | | license without notice or hearing upon a
determination |
6 | | that the safety or health of patrons or employees is
|
7 | | jeopardized by continuing a gambling operation conducted |
8 | | under that license. The suspension may
remain in effect |
9 | | until the Board determines that the cause for suspension
|
10 | | has been abated. The Board may revoke an owners license or |
11 | | organization gaming license upon a
determination that the |
12 | | licensee has not made satisfactory progress toward
abating |
13 | | the hazard.
|
14 | | (12) To eject or exclude or authorize the ejection or |
15 | | exclusion of, any
person from gambling facilities where |
16 | | that person is in violation
of this Act, rules and |
17 | | regulations thereunder, or final orders of the
Board, or |
18 | | where such person's conduct or reputation is such that his |
19 | | or her
presence within the gambling facilities may, in the |
20 | | opinion of
the Board, call into question the honesty and |
21 | | integrity of the gambling
operations or interfere with the |
22 | | orderly conduct thereof; provided that the
propriety of |
23 | | such ejection or exclusion is subject to subsequent |
24 | | hearing
by the Board.
|
25 | | (13) To require all licensees of gambling operations |
26 | | to utilize a
cashless wagering system whereby all players' |
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1 | | money is converted to tokens,
electronic cards, or chips |
2 | | which shall be used only for wagering in the
gambling |
3 | | establishment.
|
4 | | (14) (Blank).
|
5 | | (15) To suspend, revoke or restrict licenses, to |
6 | | require the
removal of a licensee or an employee of a |
7 | | licensee for a violation of this
Act or a Board rule or for |
8 | | engaging in a fraudulent practice, and to
impose civil |
9 | | penalties of up to $5,000 against individuals and up to
|
10 | | $10,000 or an amount equal to the daily gross receipts, |
11 | | whichever is
larger, against licensees for each violation |
12 | | of any provision of the Act, any rules adopted by the |
13 | | Board, any order of the Board or any other action
which, in |
14 | | the Board's discretion, is a detriment or impediment to
|
15 | | gambling operations.
|
16 | | (16) To hire employees to gather information, conduct |
17 | | investigations
and carry out any other tasks contemplated |
18 | | under this Act.
|
19 | | (17) To establish minimum levels of insurance to be |
20 | | maintained by
licensees.
|
21 | | (18) To authorize a licensee to sell or serve |
22 | | alcoholic liquors, wine or
beer as defined in the Liquor |
23 | | Control Act of 1934 on board a riverboat or in a casino
and |
24 | | to have exclusive authority to establish the hours for |
25 | | sale and
consumption of alcoholic liquor on board a |
26 | | riverboat or in a casino, notwithstanding any
provision of |
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1 | | the Liquor Control Act of 1934 or any local ordinance, and
|
2 | | regardless of whether the riverboat makes excursions. The
|
3 | | establishment of the hours for sale and consumption of |
4 | | alcoholic liquor on
board a riverboat or in a casino is an |
5 | | exclusive power and function of the State. A home
rule |
6 | | unit may not establish the hours for sale and consumption |
7 | | of alcoholic
liquor on board a riverboat or in a casino. |
8 | | This subdivision (18) is a denial and
limitation of home |
9 | | rule powers and functions under subsection (h) of
Section |
10 | | 6 of Article VII of the Illinois Constitution.
|
11 | | (19) After consultation with the U.S. Army Corps of |
12 | | Engineers, to
establish binding emergency orders upon the |
13 | | concurrence of a majority of
the members of the Board |
14 | | regarding the navigability of water, relative to
|
15 | | excursions,
in the event
of extreme weather conditions, |
16 | | acts of God or other extreme circumstances.
|
17 | | (20) To delegate the execution of any of its powers |
18 | | under this Act for
the purpose of administering and |
19 | | enforcing this Act and the rules adopted by the Board.
|
20 | | (20.5) To approve any contract entered into on its |
21 | | behalf.
|
22 | | (20.6) To appoint investigators to conduct |
23 | | investigations, searches, seizures, arrests, and other |
24 | | duties imposed under this Act, as deemed necessary by the |
25 | | Board. These investigators have and may exercise all of |
26 | | the rights and powers of peace officers, provided that |
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1 | | these powers shall be limited to offenses or violations |
2 | | occurring or committed in a casino, in an organization |
3 | | gaming facility, or on a riverboat or dock, as defined in |
4 | | subsections (d) and (f) of Section 4, or as otherwise |
5 | | provided by this Act or any other law. |
6 | | (20.7) To contract with the Illinois State Police for |
7 | | the use of trained and qualified State police officers and |
8 | | with the Department of Revenue for the use of trained and |
9 | | qualified Department of Revenue investigators to conduct |
10 | | investigations, searches, seizures, arrests, and other |
11 | | duties imposed under this Act and to exercise all of the |
12 | | rights and powers of peace officers, provided that the |
13 | | powers of Department of Revenue investigators under this |
14 | | subdivision (20.7) shall be limited to offenses or |
15 | | violations occurring or committed in a casino, in an |
16 | | organization gaming facility, or on a riverboat or dock, |
17 | | as defined in subsections (d) and (f) of Section 4, or as |
18 | | otherwise provided by this Act or any other law. In the |
19 | | event the Illinois State Police or the Department of |
20 | | Revenue is unable to fill contracted police or |
21 | | investigative positions, the Board may appoint |
22 | | investigators to fill those positions pursuant to |
23 | | subdivision (20.6).
|
24 | | (21) To adopt rules concerning the conduct of gaming |
25 | | pursuant to an organization gaming license issued under |
26 | | this Act. |
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1 | | (22) To have the same jurisdiction and supervision |
2 | | over casinos and organization gaming facilities as the |
3 | | Board has over riverboats, including, but not limited to, |
4 | | the power to (i) investigate, review, and approve |
5 | | contracts as that power is applied to riverboats, (ii) |
6 | | adopt rules for administering the provisions of this Act, |
7 | | (iii) adopt standards for the licensing of all persons |
8 | | involved with a casino or organization gaming facility, |
9 | | (iv) investigate alleged violations of this Act by any |
10 | | person involved with a casino or organization gaming |
11 | | facility, and (v) require that records, including |
12 | | financial or other statements of any casino or |
13 | | organization gaming facility, shall be kept in such manner |
14 | | as prescribed by the Board.
|
15 | | (23) To take any other action as may be reasonable or |
16 | | appropriate to
enforce this Act and the rules adopted by |
17 | | the Board.
|
18 | | (d) The Board may seek and shall receive the cooperation |
19 | | of the
Illinois State Police in conducting background |
20 | | investigations of
applicants and in fulfilling its |
21 | | responsibilities under
this Section. Costs incurred by the |
22 | | Illinois State Police as
a result of such cooperation shall be |
23 | | paid by the Board in conformance
with the requirements of |
24 | | Section 2605-400 of the Illinois State Police Law.
|
25 | | (e) The Board must authorize to each investigator and to |
26 | | any other
employee of the Board exercising the powers of a |
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1 | | peace officer a distinct badge
that, on its face, (i) clearly |
2 | | states that the badge is authorized by the Board
and
(ii) |
3 | | contains a unique identifying number. No other badge shall be |
4 | | authorized
by the Board.
|
5 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
|
6 | | Section 105. The Environmental Justice Act is amended by |
7 | | changing Section 10 as follows:
|
8 | | (415 ILCS 155/10) |
9 | | Sec. 10. Commission on Environmental Justice. |
10 | | (a) The Commission on Environmental Justice is established |
11 | | and consists of the following 24 voting members: |
12 | | (1) 2 members of the Senate, one appointed by the |
13 | | President of the Senate and the other by the Minority |
14 | | Leader of the Senate, each to serve at the pleasure of the |
15 | | appointing officer; |
16 | | (2) 2 members of the House of Representatives, one |
17 | | appointed by the Speaker of the House of Representatives |
18 | | and the other by the Minority Leader of the House of |
19 | | Representatives, each to serve at the pleasure of the |
20 | | appointing officer; |
21 | | (3) the following ex officio members: the Director of |
22 | | Commerce and Economic Opportunity or his or her designee, |
23 | | the Director of the Environmental Protection Agency or his |
24 | | or her designee, the Director of Natural Resources or his |
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1 | | or her designee, the Director of Public Health or his or |
2 | | her designee, the Secretary of Transportation or his or |
3 | | her designee, and a representative of the housing office |
4 | | of the Department of Human Services appointed by the |
5 | | Secretary of Human Services;
and |
6 | | (4) 14 members appointed by the Governor who represent |
7 | | the following interests: |
8 | | (i) at least 4 members of affected communities |
9 | | concerned with environmental justice; |
10 | | (ii) at least 2 members of business organizations |
11 | | including one member representing a statewide |
12 | | organization representing manufacturers and one member |
13 | | representing an organization representing the energy |
14 | | sector; |
15 | | (iii) environmental organizations; |
16 | | (iv) experts on environmental health and |
17 | | environmental justice; |
18 | | (v) units of local government; |
19 | | (vi) members of the general public who have an |
20 | | interest or expertise in environmental justice; and |
21 | | (vii) at least 2 members of labor organizations |
22 | | including one member from a statewide labor federation |
23 | | representing more than one international union and one |
24 | | member from an organization representing workers in |
25 | | the energy sector. |
26 | | (b) Of the initial members of the Commission appointed |
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1 | | by the Governor, 5 shall serve for a 2-year term and 5 |
2 | | shall serve for a 1-year term, as designated by the |
3 | | Governor at the time of appointment. The Thereafter, the |
4 | | members appointed by the Governor for terms beginning |
5 | | before the effective date of this amendatory Act of the |
6 | | 102nd General Assembly shall serve 2-year terms. Members |
7 | | appointed by the Governor for terms beginning on or after |
8 | | the effective date of this amendatory Act of the 102nd |
9 | | General Assembly shall serve 4-year terms. Vacancies shall |
10 | | be filled in the same manner as appointments. Members of |
11 | | the Commission appointed by the Governor may not receive |
12 | | compensation for their service on the Commission and are |
13 | | not entitled to reimbursement for expenses. |
14 | | (c) The Governor shall designate a Chairperson from among |
15 | | the Commission's members. The Commission shall meet at the |
16 | | call of the Chairperson, but no later than 90 days after the |
17 | | effective date of this Act and at least quarterly thereafter. |
18 | | (d) The Commission shall: |
19 | | (1) advise State entities on environmental justice and |
20 | | related community issues; |
21 | | (2) review and analyze the impact of current State |
22 | | laws and policies on the issue of environmental justice |
23 | | and sustainable communities; |
24 | | (3) assess the adequacy of State and local laws to |
25 | | address the issue of environmental justice and sustainable |
26 | | communities; |
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1 | | (4) develop criteria to assess whether communities in |
2 | | the State may be experiencing environmental justice |
3 | | issues; and |
4 | | (5) recommend options to the Governor for addressing |
5 | | issues, concerns, or problems related to environmental |
6 | | justice that surface after reviewing State laws and |
7 | | policies, including prioritizing areas of the State that |
8 | | need immediate attention. |
9 | | (e) On or before October 1, 2011 and each October 1 |
10 | | thereafter, the Commission shall report its findings and |
11 | | recommendations to the Governor and General Assembly. |
12 | | (f) The Environmental Protection Agency shall provide |
13 | | administrative and other support to the Commission.
|
14 | | (Source: P.A. 99-541, eff. 1-1-17 .)
|
15 | | Section 110. The Firearm Owners Identification Card Act is |
16 | | amended by changing Section 10 as follows:
|
17 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
18 | | Sec. 10. Appeals; hearing; relief from firearm |
19 | | prohibitions. |
20 | | (a) Whenever an application for a Firearm Owner's |
21 | | Identification
Card is denied or whenever such a Card is |
22 | | revoked or seized
as provided for in Section 8 of this Act, the |
23 | | aggrieved party may
(1) file a record challenge with the |
24 | | Director regarding the record upon which the decision to deny |
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1 | | or revoke the Firearm Owner's Identification Card was based |
2 | | under subsection (a-5); or (2) appeal
to the Director of the |
3 | | Illinois State Police through December 31, 2022, or beginning |
4 | | January 1, 2023, the Firearm Owner's Identification Card |
5 | | Review Board for a hearing seeking relief from
such denial or |
6 | | revocation unless the denial or revocation
was based upon a |
7 | | forcible felony, stalking, aggravated stalking, domestic
|
8 | | battery, any violation of the Illinois Controlled Substances |
9 | | Act, the Methamphetamine Control and Community Protection Act, |
10 | | or the
Cannabis Control Act that is classified as a Class 2 or |
11 | | greater felony,
any
felony violation of Article 24 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012, or any
|
13 | | adjudication as a delinquent minor for the commission of an
|
14 | | offense that if committed by an adult would be a felony, in |
15 | | which case the
aggrieved party may petition the circuit court |
16 | | in writing in the county of
his or her residence for a hearing |
17 | | seeking relief from such denial or revocation.
|
18 | | (a-5) There is created a Firearm Owner's Identification |
19 | | Card Review Board to consider any appeal under subsection (a) |
20 | | beginning January 1, 2023, other than an appeal directed to |
21 | | the circuit court and except when the applicant is challenging |
22 | | the record upon which the decision to deny or revoke was based |
23 | | as provided in subsection (a-10). |
24 | | (0.05) In furtherance of the policy of this Act that |
25 | | the Board shall exercise its powers and duties in an |
26 | | independent manner, subject to the provisions of this Act |
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1 | | but free from the direction, control, or influence of any |
2 | | other agency or department of State government. All |
3 | | expenses and liabilities incurred by the Board in the |
4 | | performance of its responsibilities hereunder shall be |
5 | | paid from funds which shall be appropriated to the Board |
6 | | by the General Assembly for the ordinary and contingent |
7 | | expenses of the Board. |
8 | | (1) The Board shall consist of 7 members appointed by |
9 | | the Governor, with the advice and consent of the Senate, |
10 | | with 3 members residing within the First Judicial District |
11 | | and one member residing within each of the 4 remaining |
12 | | Judicial Districts. No more than 4 members shall be |
13 | | members of the same political party. The Governor shall |
14 | | designate one member as the chairperson. The members shall |
15 | | have actual experience in law, education, social work, |
16 | | behavioral sciences, law enforcement, or community affairs |
17 | | or in a combination of those areas. The Board shall |
18 | | consist of: |
19 | | (A) one member with at least 5 years of service as |
20 | | a federal or State judge; |
21 | | (B) one member with at least 5 years of experience |
22 | | serving as an attorney with the United States |
23 | | Department of Justice, or as a State's Attorney or |
24 | | Assistant State's Attorney; |
25 | | (C) one member with at least 5 years of experience |
26 | | serving as a State or federal public defender or |
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1 | | assistant public defender; |
2 | | (D) three members with at least 5 years of |
3 | | experience as a federal, State, or local law |
4 | | enforcement agent or as an employee with investigative |
5 | | experience or duties related to criminal justice under |
6 | | the United States Department of Justice, Drug |
7 | | Enforcement Administration, Department of Homeland |
8 | | Security, Federal Bureau of Investigation, or a State |
9 | | or local law enforcement agency; and |
10 | | (E) one member with at least 5 years of experience |
11 | | as a licensed physician or clinical psychologist with |
12 | | expertise in the diagnosis and treatment of mental |
13 | | illness. |
14 | | (2) The terms of the members initially appointed after |
15 | | January 1, 2022 (the effective date of Public Act 102-237) |
16 | | shall be as follows: one of
the initial members shall be |
17 | | appointed for a term of one year, 3 shall be
appointed for |
18 | | terms of 2 years, and 3 shall be appointed for terms of 4 |
19 | | years. Thereafter, members shall hold office for 4 years, |
20 | | with terms expiring on the second Monday in January |
21 | | immediately following the expiration of their terms and |
22 | | every 4 years thereafter. Members may be reappointed. |
23 | | Vacancies in the office of member shall be filled in the |
24 | | same manner as the original appointment, for the remainder |
25 | | of the unexpired term. The Governor may remove a member |
26 | | for incompetence, neglect of duty, malfeasance, or |
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1 | | inability to serve. Members shall receive compensation in |
2 | | an amount equal to the compensation of members of the |
3 | | Executive Ethics Commission and may be reimbursed, from |
4 | | funds appropriated for such a purpose, for reasonable |
5 | | expenses actually incurred in the performance of their |
6 | | Board duties. The Illinois State Police shall designate an |
7 | | employee to serve as Executive Director of the Board and |
8 | | provide logistical and administrative assistance to the |
9 | | Board. |
10 | | (3) The Board shall meet at least quarterly each year |
11 | | and at the call of the chairperson as often as necessary to |
12 | | consider appeals of decisions made with respect to |
13 | | applications for a Firearm Owner's Identification Card |
14 | | under this Act. If necessary to ensure the participation |
15 | | of a member, the Board shall allow a member to participate |
16 | | in a Board meeting by electronic communication. Any member |
17 | | participating electronically shall be deemed present for |
18 | | purposes of establishing a quorum and voting. |
19 | | (4) The Board shall adopt rules for the review of |
20 | | appeals and the conduct of hearings. The Board shall |
21 | | maintain a record of its decisions and all materials |
22 | | considered in making its decisions. All Board decisions |
23 | | and voting records shall be kept confidential and all |
24 | | materials considered by the Board shall be exempt from |
25 | | inspection except upon order of a court. |
26 | | (5) In considering an appeal, the Board shall review |
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1 | | the materials received concerning the denial or revocation |
2 | | by the Illinois State Police. By a vote of at least 4 |
3 | | members, the Board may request additional information from |
4 | | the Illinois State Police or the applicant or the |
5 | | testimony of the Illinois State Police or the applicant. |
6 | | The Board may require that the applicant submit electronic |
7 | | fingerprints to the Illinois State Police for an updated |
8 | | background check if the Board determines it lacks |
9 | | sufficient information to determine eligibility. The Board |
10 | | may consider information submitted by the Illinois State |
11 | | Police, a law enforcement agency, or the applicant. The |
12 | | Board shall review each denial or revocation and determine |
13 | | by a majority of members whether an applicant should be |
14 | | granted relief under subsection (c). |
15 | | (6) The Board shall by order issue summary decisions. |
16 | | The Board shall issue a decision within 45 days of |
17 | | receiving all completed appeal documents from the Illinois |
18 | | State Police and the applicant. However, the Board need |
19 | | not issue a decision within 45 days if: |
20 | | (A) the Board requests information from the |
21 | | applicant, including, but not limited to, electronic |
22 | | fingerprints to be submitted to the Illinois State |
23 | | Police, in accordance with paragraph (5) of this |
24 | | subsection, in which case the Board shall make a |
25 | | decision within 30 days of receipt of the required |
26 | | information from the applicant; |
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1 | | (B) the applicant agrees, in writing, to allow the |
2 | | Board additional time to consider an appeal; or |
3 | | (C) the Board notifies the applicant and the |
4 | | Illinois State Police that the Board needs an |
5 | | additional 30 days to issue a decision. The Board may |
6 | | only issue 2 extensions under this subparagraph (C). |
7 | | The Board's notification to the applicant and the |
8 | | Illinois State Police shall include an explanation for |
9 | | the extension. |
10 | | (7) If the Board determines that the applicant is |
11 | | eligible for relief under subsection (c), the Board shall |
12 | | notify the applicant and the Illinois State Police that |
13 | | relief has been granted and the Illinois State Police |
14 | | shall issue the Card. |
15 | | (8) Meetings of the Board shall not be subject to the |
16 | | Open Meetings Act and records of the Board shall not be |
17 | | subject to the Freedom of Information Act. |
18 | | (9) The Board shall report monthly to the Governor and |
19 | | the General Assembly on the number of appeals received and |
20 | | provide details of the circumstances in which the Board |
21 | | has determined to deny Firearm Owner's Identification |
22 | | Cards under this subsection (a-5). The report shall not |
23 | | contain any identifying information about the applicants. |
24 | | (a-10) Whenever an applicant or cardholder is not seeking |
25 | | relief from a firearms prohibition under subsection (c) but |
26 | | rather does not believe the applicant is appropriately denied |
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1 | | or revoked and is challenging the record upon which the |
2 | | decision to deny or revoke the Firearm Owner's Identification |
3 | | Card was based, or whenever the Illinois State Police fails to |
4 | | act on an application within 30 days of its receipt, the |
5 | | applicant shall file such challenge with the Director. The |
6 | | Director shall render a decision within 60 business days of |
7 | | receipt of all information supporting the challenge. The |
8 | | Illinois State Police shall adopt rules for the review of a |
9 | | record challenge. |
10 | | (b) At least 30 days before any hearing in the circuit |
11 | | court, the
petitioner shall serve the
relevant State's |
12 | | Attorney with a copy of the petition. The State's Attorney
may |
13 | | object to the petition and present evidence. At the hearing, |
14 | | the court
shall
determine whether substantial justice has been |
15 | | done. Should the court
determine that substantial justice has |
16 | | not been done, the court shall issue an
order directing the |
17 | | Illinois State Police to issue a Card. However, the court |
18 | | shall not issue the order if the petitioner is otherwise |
19 | | prohibited from obtaining, possessing, or using a firearm |
20 | | under
federal law.
|
21 | | (c) Any person prohibited from possessing a firearm under |
22 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
23 | | acquiring a Firearm Owner's
Identification Card under Section |
24 | | 8 of this Act may apply to
the Firearm Owner's Identification |
25 | | Card Review Board
or petition the circuit court in the county |
26 | | where the petitioner resides,
whichever is applicable in |
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1 | | accordance with subsection (a) of this Section,
requesting |
2 | | relief
from such prohibition and the Board or court may grant |
3 | | such relief if it
is
established by the applicant to the |
4 | | court's or the Board's satisfaction
that:
|
5 | | (0.05) when in the circuit court, the State's Attorney |
6 | | has been served
with a written
copy of the
petition at |
7 | | least 30 days before any such hearing in the circuit court |
8 | | and at
the hearing the
State's Attorney was afforded an |
9 | | opportunity to present evidence and object to
the |
10 | | petition;
|
11 | | (1) the applicant has not been convicted of a forcible |
12 | | felony under the
laws of this State or any other |
13 | | jurisdiction within 20 years of the
applicant's |
14 | | application for a Firearm Owner's Identification Card, or |
15 | | at
least 20 years have passed since the end of any period |
16 | | of imprisonment
imposed in relation to that conviction;
|
17 | | (2) the circumstances regarding a criminal conviction, |
18 | | where applicable,
the applicant's criminal history and his |
19 | | reputation are such that the applicant
will not be likely |
20 | | to act in a manner dangerous to public safety;
|
21 | | (3) granting relief would not be contrary to the |
22 | | public interest; and |
23 | | (4) granting relief would not be contrary to federal |
24 | | law.
|
25 | | (c-5) (1) An active law enforcement officer employed by a |
26 | | unit of government or a Department of Corrections employee |
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1 | | authorized to possess firearms who is denied, revoked, or has |
2 | | his or her Firearm Owner's Identification Card seized under |
3 | | subsection (e) of Section 8 of this Act may apply to the |
4 | | Firearm Owner's Identification Card Review Board requesting |
5 | | relief if the officer or employee did not act in a manner |
6 | | threatening to the officer or employee, another person, or the |
7 | | public as determined by the treating clinical psychologist or |
8 | | physician, and as a result of his or her work is referred by |
9 | | the employer for or voluntarily seeks mental health evaluation |
10 | | or treatment by a licensed clinical psychologist, |
11 | | psychiatrist, or qualified examiner, and: |
12 | | (A) the officer or employee has not received treatment |
13 | | involuntarily at a mental health facility, regardless of |
14 | | the length of admission; or has not been voluntarily |
15 | | admitted to a mental health facility for more than 30 days |
16 | | and not for more than one incident within the past 5 years; |
17 | | and |
18 | | (B) the officer or employee has not left the mental |
19 | | institution against medical advice. |
20 | | (2) The Firearm Owner's Identification Card Review Board |
21 | | shall grant expedited relief to active law enforcement |
22 | | officers and employees described in paragraph (1) of this |
23 | | subsection (c-5) upon a determination by the Board that the |
24 | | officer's or employee's possession of a firearm does not |
25 | | present a threat to themselves, others, or public safety. The |
26 | | Board shall act on the request for relief within 30 business |
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1 | | days of receipt of: |
2 | | (A) a notarized statement from the officer or employee |
3 | | in the form prescribed by the Board detailing the |
4 | | circumstances that led to the hospitalization; |
5 | | (B) all documentation regarding the admission, |
6 | | evaluation, treatment and discharge from the treating |
7 | | licensed clinical psychologist or psychiatrist of the |
8 | | officer; |
9 | | (C) a psychological fitness for duty evaluation of the |
10 | | person completed after the time of discharge; and |
11 | | (D) written confirmation in the form prescribed by the |
12 | | Board from the treating licensed clinical psychologist or |
13 | | psychiatrist that the provisions set forth in paragraph |
14 | | (1) of this subsection (c-5) have been met, the person |
15 | | successfully completed treatment, and their professional |
16 | | opinion regarding the person's ability to possess |
17 | | firearms. |
18 | | (3) Officers and employees eligible for the expedited |
19 | | relief in paragraph (2) of this subsection (c-5) have the |
20 | | burden of proof on eligibility and must provide all |
21 | | information required. The Board may not consider granting |
22 | | expedited relief until the proof and information is received. |
23 | | (4) "Clinical psychologist", "psychiatrist", and |
24 | | "qualified examiner" shall have the same meaning as provided |
25 | | in Chapter I of the Mental Health and Developmental |
26 | | Disabilities Code. |
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1 | | (c-10) (1) An applicant, who is denied, revoked, or has |
2 | | his or her Firearm Owner's Identification Card seized under |
3 | | subsection (e) of Section 8 of this Act based upon a |
4 | | determination of a developmental disability or an intellectual |
5 | | disability may apply to the Firearm Owner's Identification |
6 | | Card Review Board requesting relief. |
7 | | (2) The Board shall act on the request for relief within 60 |
8 | | business days of receipt of written certification, in the form |
9 | | prescribed by the Board, from a physician or clinical |
10 | | psychologist, or qualified examiner, that the aggrieved |
11 | | party's developmental disability or intellectual disability |
12 | | condition is determined by a physician, clinical psychologist, |
13 | | or qualified to be mild. If a fact-finding conference is |
14 | | scheduled to obtain additional information concerning the |
15 | | circumstances of the denial or revocation, the 60 business |
16 | | days the Director has to act shall be tolled until the |
17 | | completion of the fact-finding conference. |
18 | | (3) The Board may grant relief if the aggrieved party's |
19 | | developmental disability or intellectual disability is mild as |
20 | | determined by a physician, clinical psychologist, or qualified |
21 | | examiner and it is established by the applicant to the Board's |
22 | | satisfaction that: |
23 | | (A) granting relief would not be contrary to the |
24 | | public interest; and |
25 | | (B) granting relief would not be contrary to federal |
26 | | law. |
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1 | | (4) The Board may not grant relief if the condition is |
2 | | determined by a physician, clinical psychologist, or qualified |
3 | | examiner to be moderate, severe, or profound. |
4 | | (5) The changes made to this Section by Public Act 99-29 |
5 | | apply to requests for
relief pending on or before July 10, 2015 |
6 | | (the effective date of Public Act 99-29), except that the |
7 | | 60-day period for the Director to act on requests pending |
8 | | before the effective date shall begin
on July 10, 2015 (the |
9 | | effective date of Public Act 99-29). All appeals as provided |
10 | | in subsection (a-5) pending on January 1, 2023 shall be |
11 | | considered by the Board. |
12 | | (d) When a minor is adjudicated delinquent for an offense |
13 | | which if
committed by an adult would be a felony, the court |
14 | | shall notify the Illinois State Police.
|
15 | | (e) The court shall review the denial of an application or |
16 | | the revocation of
a Firearm Owner's Identification Card of a |
17 | | person who has been adjudicated
delinquent for an offense that |
18 | | if
committed by an adult would be a felony if an
application |
19 | | for relief has been filed at least 10 years after the |
20 | | adjudication
of delinquency and the court determines that the |
21 | | applicant should be
granted relief from disability to obtain a |
22 | | Firearm Owner's Identification Card.
If the court grants |
23 | | relief, the court shall notify the Illinois State
Police that |
24 | | the disability has
been removed and that the applicant is |
25 | | eligible to obtain a Firearm Owner's
Identification Card.
|
26 | | (f) Any person who is subject to the disabilities of 18 |
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1 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
2 | | of 1968 because of an adjudication or commitment that occurred |
3 | | under the laws of this State or who was determined to be |
4 | | subject to the provisions of subsections (e), (f), or (g) of |
5 | | Section 8 of this Act may apply to the Illinois State Police |
6 | | requesting relief from that prohibition. The Board shall grant |
7 | | the relief if it is established by a preponderance of the |
8 | | evidence that the person will not be likely to act in a manner |
9 | | dangerous to public safety and that granting relief would not |
10 | | be contrary to the public interest. In making this |
11 | | determination, the Board shall receive evidence concerning (i) |
12 | | the circumstances regarding the firearms disabilities from |
13 | | which relief is sought; (ii) the petitioner's mental health |
14 | | and criminal history records, if any; (iii) the petitioner's |
15 | | reputation, developed at a minimum through character witness |
16 | | statements, testimony, or other character evidence; and (iv) |
17 | | changes in the petitioner's condition or circumstances since |
18 | | the disqualifying events relevant to the relief sought. If |
19 | | relief is granted under this subsection or by order of a court |
20 | | under this Section, the Director shall as soon as practicable |
21 | | but in no case later than 15 business days, update, correct, |
22 | | modify, or remove the person's record in any database that the |
23 | | Illinois State Police makes available to the National Instant |
24 | | Criminal Background Check System and notify the United States |
25 | | Attorney General that the basis for the record being made |
26 | | available no longer applies. The Illinois State Police shall |
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1 | | adopt rules for the administration of this Section. |
2 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
3 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
4 | | Section 115. The Firearm Concealed Carry Act is amended by |
5 | | changing Section 20 as follows:
|
6 | | (430 ILCS 66/20)
|
7 | | Sec. 20. Concealed Carry Licensing Review Board. |
8 | | (a) There is hereby created within the Illinois State |
9 | | Police a Concealed Carry Licensing Review Board to consider |
10 | | any objection to an applicant's eligibility to obtain a |
11 | | license under this Act submitted by a law enforcement agency |
12 | | or the Illinois State Police under Section 15 of this Act. The |
13 | | Board shall consist of 7 commissioners to be appointed by the |
14 | | Governor, with the advice and consent of the Senate, with 3 |
15 | | commissioners residing within the First Judicial District and |
16 | | one commissioner residing within each of the 4 remaining |
17 | | Judicial Districts. No more than 4 commissioners shall be |
18 | | members of the same political party. The Governor shall |
19 | | designate one commissioner as the Chairperson. The members |
20 | | shall have actual experience in law, education, social work, |
21 | | behavioral sciences, law enforcement, or community affairs or |
22 | | in a combination of those areas. The Board shall consist of: |
23 | | (1) one commissioner with at least 5 years of service |
24 | | as a federal judge; |
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1 | | (2) 2 commissioners with at least 5 years of |
2 | | experience serving as an attorney with the United States |
3 | | Department of Justice; |
4 | | (3) 3 commissioners with at least 5 years of |
5 | | experience as a federal agent or employee with |
6 | | investigative experience or duties related to criminal |
7 | | justice under the United States Department of Justice, |
8 | | Drug Enforcement Administration, Department of Homeland |
9 | | Security, or Federal Bureau of Investigation; and |
10 | | (4) one member with at least 5 years of experience as a |
11 | | licensed physician or clinical psychologist with expertise |
12 | | in the diagnosis and treatment of mental illness. |
13 | | (b) The initial terms of the commissioners shall end on |
14 | | January 12, 2015. Notwithstanding any provision in this |
15 | | Section to the contrary, the term
of office of each |
16 | | commissioner of the Concealed Carry Licensing Review Board is |
17 | | abolished on January 1, 2022 (the effective date of Public Act |
18 | | 102-237). The terms of the commissioners appointed on or after |
19 | | January 1, 2022 (the effective date of Public Act 102-237) |
20 | | shall be as follows: one of
the initial members shall be |
21 | | appointed for a term of one year, 3 shall be
appointed for |
22 | | terms of 2 years, and 3 shall be appointed for terms of 4 |
23 | | years. Thereafter, the commissioners shall hold office for 4 |
24 | | years, with terms expiring on the second Monday in January of |
25 | | the fourth year. Commissioners may be reappointed. Vacancies |
26 | | in the office of commissioner shall be filled in the same |
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1 | | manner as the original appointment, for the remainder of the |
2 | | unexpired term. The Governor may remove a commissioner for |
3 | | incompetence, neglect of duty, malfeasance, or inability to |
4 | | serve. Commissioners shall receive compensation in an amount |
5 | | equal to the compensation of members of the Executive Ethics |
6 | | Commission and may be reimbursed for reasonable expenses |
7 | | actually incurred in the performance of their Board duties, |
8 | | from funds appropriated for that purpose. |
9 | | (c) The Board shall meet at the call of the chairperson as |
10 | | often as necessary to consider objections to applications for |
11 | | a license under this Act. If necessary to ensure the |
12 | | participation of a commissioner, the Board shall allow a |
13 | | commissioner to participate in a Board meeting by electronic |
14 | | communication. Any commissioner participating electronically |
15 | | shall be deemed present for purposes of establishing a quorum |
16 | | and voting. |
17 | | (d) The Board shall adopt rules for the review of |
18 | | objections and the conduct of hearings. The Board shall |
19 | | maintain a record of its decisions and all materials |
20 | | considered in making its decisions. All Board decisions and |
21 | | voting records shall be kept confidential and all materials |
22 | | considered by the Board shall be exempt from inspection except |
23 | | upon order of a court. |
24 | | (e) In considering an objection of a law enforcement |
25 | | agency or the Illinois State Police, the Board shall review |
26 | | the materials received with the objection from the law |
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1 | | enforcement agency or the Illinois State Police. By a vote of |
2 | | at least 4 commissioners, the Board may request additional |
3 | | information from the law enforcement agency, Illinois State |
4 | | Police, or the applicant, or the testimony of the law |
5 | | enforcement agency, Illinois State Police, or the applicant. |
6 | | The Board may require that the applicant submit electronic |
7 | | fingerprints to the Illinois State Police for an updated |
8 | | background check where the Board determines it lacks |
9 | | sufficient information to determine eligibility. The Board may |
10 | | only consider information submitted by the Illinois State |
11 | | Police, a law enforcement agency, or the applicant. The Board |
12 | | shall review each objection and determine by a majority of |
13 | | commissioners whether an applicant is eligible for a license. |
14 | | (f) The Board shall issue a decision within 30 days of |
15 | | receipt of the objection from the Illinois State Police. |
16 | | However, the Board need not issue a decision within 30 days if: |
17 | | (1) the Board requests information from the applicant, |
18 | | including but not limited to electronic fingerprints to be |
19 | | submitted to the Illinois State Police, in accordance with |
20 | | subsection (e) of this Section, in which case the Board |
21 | | shall make a decision within 30 days of receipt of the |
22 | | required information from the applicant; |
23 | | (2) the applicant agrees, in writing, to allow the |
24 | | Board additional time to consider an objection; or |
25 | | (3) the Board notifies the applicant and the Illinois |
26 | | State Police that the Board needs an additional 30 days to |
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1 | | issue a decision. |
2 | | (g) If the Board determines by a preponderance of the |
3 | | evidence that the applicant poses a danger to himself or |
4 | | herself or others, or is a threat to public safety, then the |
5 | | Board shall affirm the objection of the law enforcement agency |
6 | | or the Illinois State Police and shall notify the Illinois |
7 | | State Police that the applicant is ineligible for a license. |
8 | | If the Board does not determine by a preponderance of the |
9 | | evidence that the applicant poses a danger to himself or |
10 | | herself or others, or is a threat to public safety, then the |
11 | | Board shall notify the Illinois State Police that the |
12 | | applicant is eligible for a license. |
13 | | (h) Meetings of the Board shall not be subject to the Open |
14 | | Meetings Act and records of the Board shall not be subject to |
15 | | the Freedom of Information Act. |
16 | | (i) The Board shall report monthly to the Governor and the |
17 | | General Assembly on the number of objections received and |
18 | | provide details of the circumstances in which the Board has |
19 | | determined to deny licensure based on law enforcement or |
20 | | Illinois State Police objections under Section 15 of this Act. |
21 | | The report shall not contain any identifying information about |
22 | | the applicants.
|
23 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
24 | | 102-813, eff. 5-13-22.)
|
25 | | (615 ILCS 60/Act rep.) |
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1 | | Section 120. The Des Plaines and Illinois Rivers Act is |
2 | | repealed.
|
3 | | Section 125. The Illinois Human Rights Act is amended by |
4 | | changing Section 8-101 as follows:
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5 | | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
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6 | | Sec. 8-101. Illinois Human Rights Commission.
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7 | | (A) Creation; appointments. The Human Rights Commission is |
8 | | created to consist
of 7 members appointed by the Governor with |
9 | | the advice and consent of the
Senate. No more than 4 members |
10 | | shall be of the same political party. The
Governor shall |
11 | | designate one member as chairperson. All appointments shall
be |
12 | | in writing and filed with the Secretary of State as a public |
13 | | record.
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14 | | (B) Terms. Of the members first appointed, 4 shall be |
15 | | appointed for a
term to expire on the third Monday of January, |
16 | | 2021, and 3 (including the
Chairperson) shall be appointed for |
17 | | a term to expire on the third Monday
of January, 2023.
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18 | | Notwithstanding any provision of this Section to the |
19 | | contrary, the term
of office of each member of the Illinois |
20 | | Human Rights Commission is
abolished on January 19, 2019. |
21 | | Incumbent members holding a position on the Commission that |
22 | | was created by Public Act 84-115 and whose terms, if not for |
23 | | this amendatory Act of the 100th General Assembly, would have |
24 | | expired January 18, 2021 shall continue to exercise all of the |
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1 | | powers and be
subject to all of the duties of members of the |
2 | | Commission until June 30, 2019 or until
their respective |
3 | | successors are appointed and qualified, whichever is earlier.
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4 | | Thereafter, each member shall serve for a term of 4 years
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5 | | and until his or her successor is appointed and qualified; |
6 | | except that any
member chosen to fill a vacancy occurring |
7 | | otherwise than by expiration of
a term shall be appointed only |
8 | | for the unexpired term of the member whom
he or she shall |
9 | | succeed and until his or her successor is appointed and
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10 | | qualified.
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11 | | (C) Vacancies. |
12 | | (1) In the case of vacancies on the Commission during
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13 | | a recess of the Senate, the Governor shall make a |
14 | | temporary appointment
until the next meeting of the Senate |
15 | | when he or she shall appoint a person
to fill the vacancy. |
16 | | Any person so nominated and confirmed by the Senate
shall |
17 | | hold office for the remainder of the term and until his or |
18 | | her successor
is appointed and qualified.
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19 | | (2) If the Senate is not in session at the time this |
20 | | Act takes effect,
the Governor shall make temporary |
21 | | appointments to the Commission as in the
case of |
22 | | vacancies.
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23 | | (3) Vacancies in the Commission shall not impair the |
24 | | right of the remaining
members to exercise all the powers |
25 | | of the Commission. Except when authorized
by this Act to |
26 | | proceed through a 3 member panel, a majority of the |
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1 | | members
of the Commission then in office shall constitute |
2 | | a quorum.
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3 | | (D) Compensation. On and after January 19, 2019, the |
4 | | Chairperson of the Commission shall be compensated
at the rate |
5 | | of $125,000 per year, or as set by the Compensation Review
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6 | | Board, whichever is greater, during his or her service as |
7 | | Chairperson,
and each other member shall be compensated at the |
8 | | rate of $119,000 per
year, or as set by the Compensation Review |
9 | | Board, whichever is greater.
In addition, all members of the |
10 | | Commission shall be reimbursed for expenses
actually and |
11 | | necessarily incurred by them
in the performance of their |
12 | | duties.
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13 | | (E) Notwithstanding the general supervisory authority of |
14 | | the Chairperson, each commissioner, unless appointed to the |
15 | | special temporary panel created under subsection (H), has the |
16 | | authority to hire and supervise a staff attorney. The staff |
17 | | attorney shall report directly to the individual commissioner. |
18 | | (F) A formal training program for newly appointed |
19 | | commissioners shall be implemented. The training program shall |
20 | | include the following: |
21 | | (1) substantive and procedural aspects of the office |
22 | | of commissioner; |
23 | | (2) current issues in employment and housing |
24 | | discrimination and public accommodation law and practice; |
25 | | (3) orientation to each operational unit of the
Human |
26 | | Rights Commission; |
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1 | | (4) observation of experienced hearing officers and |
2 | | commissioners conducting hearings of cases, combined with |
3 | | the opportunity to discuss evidence presented and rulings |
4 | | made; |
5 | | (5) the use of hypothetical cases requiring the
newly |
6 | | appointed commissioner to issue judgments as a means of |
7 | | evaluating knowledge and writing ability; |
8 | | (6) writing skills; and |
9 | | (7) professional and ethical standards. |
10 | | A formal and ongoing professional development program |
11 | | including, but not limited to, the above-noted areas shall be |
12 | | implemented to keep commissioners informed of recent |
13 | | developments and issues and to assist them in maintaining and |
14 | | enhancing their professional competence. Each commissioner |
15 | | shall complete 20 hours of training in the above-noted areas |
16 | | during every 2 years the commissioner remains in office. |
17 | | (G) Commissioners must meet one of the following |
18 | | qualifications: |
19 | | (1) licensed to practice law in the State of Illinois; |
20 | | (2) at least 3 years of experience as a hearing |
21 | | officer at the Human Rights Commission; or |
22 | | (3) at least 4 years of professional experience |
23 | | working for or dealing with individuals or corporations |
24 | | affected by this Act or similar laws in other |
25 | | jurisdictions, including, but not limited to, experience |
26 | | with a civil rights advocacy group, a fair housing group, |
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1 | | a community organization, a trade association, a union, a |
2 | | law firm, a legal aid organization, an employer's human |
3 | | resources department, an employment discrimination |
4 | | consulting firm, a community affairs organization, or a |
5 | | municipal human relations agency. |
6 | | The Governor's appointment message, filed with the |
7 | | Secretary of State and transmitted to the Senate, shall state |
8 | | specifically how the experience of a nominee for commissioner |
9 | | meets the requirement set forth in this subsection. The |
10 | | Chairperson must have public or private sector management and |
11 | | budget experience, as determined by the Governor. |
12 | | Each commissioner shall devote full time to his or her |
13 | | duties and any commissioner who is an attorney shall not |
14 | | engage in the practice of law, nor shall any commissioner hold |
15 | | any other office or position of profit under the United States |
16 | | or this State or any municipal corporation or political |
17 | | subdivision of this State, nor engage in any other business, |
18 | | employment, or vocation. |
19 | | (H) Notwithstanding any other provision of this Act, the |
20 | | Governor shall appoint, by and with the consent of the Senate, |
21 | | a special temporary panel of commissioners comprised of 3 |
22 | | members. The members shall hold office until the Commission, |
23 | | in consultation with the Governor, determines that the |
24 | | caseload of requests for review has been reduced sufficiently |
25 | | to allow cases to proceed in a timely manner, or for a term of |
26 | | 18 months from the date of appointment by the Governor, |
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1 | | whichever is earlier. Each of the 3 members shall have only |
2 | | such rights and powers of a commissioner necessary to dispose |
3 | | of the cases assigned to the special panel. Each of the 3 |
4 | | members appointed to the special panel shall receive the same |
5 | | salary as other commissioners for the duration of the panel. |
6 | | The panel shall have the authority to hire and supervise a |
7 | | staff attorney who shall report to the panel of commissioners. |
8 | | (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20 .)
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9 | | Section 999. Effective date. This Act takes effect upon |
10 | | becoming law.".
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