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90_HB1270
SEE INDEX
Amends the Civil Administrative Code. Renumbers the
Sections of the Code, organizes the renumbered Sections into
Articles, and rearranges the sequence of the renumbered
Sections according to subject matter. Also resections some
long Sections of the Code into shorter Sections. Amends
various other Acts to change cross references to the Civil
Aministrative Code to reflect the renumbering of the Code
Sections. Effective January 1, 1998.
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1 AN ACT concerning the Civil Administrative Code of
2 Illinois.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1. REVISORY PROVISIONS
6 Section 1-5. Purpose. The purpose of this amendatory Act
7 is to revise the Civil Administrative Code of Illinois by
8 renumbering and rearranging the provisions of that Code,
9 making only nonsubstantive changes.
10 Section 1-10. Prior law.
11 (a) A provision added to the Civil Administrative Code
12 of Illinois by this amendatory Act that is the same or
13 substantially the same as a prior law shall be construed as a
14 continuation of the prior law and not as a new or different
15 law.
16 (b) A citation in an Act other than the Civil
17 Administrative Code of Illinois to a Section of that Code
18 that is renumbered and continued in that Code by this
19 amendatory Act shall be construed to be a citation to that
20 renumbered and continued provision in that Code.
21 (c) The following provision duplicates another provision
22 of the Civil Administrative Code of Illinois that is
23 renumbered and continued in that Code, and the following
24 provision is therefore repealed without being continued in
25 the Code: Section 46.20 of the Civil Administrative Code of
26 Illinois (20 ILCS 605/46.20).
27 Section 1-15. Other Acts of the General Assembly. If any
28 other Act of the General Assembly changes, adds, or repeals a
29 provision of prior law that is renumbered and continued in
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1 the Civil Administrative Code of Illinois by this amendatory
2 Act, then that change, addition, or repeal in the other Act
3 shall be construed together with the Civil Administrative
4 Code of Illinois as amended by this amendatory Act.
5 Section 1-20. Matters of form.
6 (a) The parenthetic citation before a new Article
7 heading or new Section in the Form "(XX ILCS XX/Art. XX
8 heading new)" or "(XX ILCS XX/XX new)" (i) is an
9 informational reference to the citation of the new Article
10 heading or new Section in the Illinois Compiled Statutes and
11 (ii) is not part of the text of the law.
12 (b) The parenthetic citation before a new Section in the
13 form "(was XX ILCS XX/XX)" (i) is an informational reference
14 to the prior law from which the new Section is derived and
15 (ii) is not part of the text of the law.
16 (c) In the text of a new Section, (i) matter that is
17 stricken indicates a deletion from the prior law and (ii)
18 matter that is underscored indicates an addition to the prior
19 law. The purpose of striking and underscoring in this manner
20 is to clearly indicate all changes to prior laws that are
21 being renumbered and continued in the Civil Administrative
22 Code of Illinois. Matter in the text of a new Section that
23 is not stricken or underscored is matter being continued in
24 the Code with no changes.
25 (d) The parenthetic citation after a Section in the form
26 "(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i)
27 is an informational reference to the most recent sources of
28 the continued text in the Session Laws of Illinois and (ii)
29 is not part of the text of the law.
30 Section 1-25. Home rule; mandates. No provision
31 incorporated into the Civil Administrative Code of Illinois
32 by this amendatory Act (i) is a denial of or limitation on
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1 home rule powers if no denial or limitation existed under
2 prior law or (ii) creates a State mandate under the State
3 Mandates Act if no mandate existed under prior law.
4 ARTICLE 5. AMENDATORY PROVISIONS
5 Section 5-5. The Civil Administrative Code of Illinois
6 is amended by changing and renumbering and, in part,
7 resectioning the Sections of the Code and by adding certain
8 Article headings and Sections to the Code as follows:
9 (20 ILCS 5/Art. 1 heading new)
10 ARTICLE 1. SHORT TITLE
11 AND GENERAL PROVISIONS
12 (20 ILCS 5/1-1 new)
13 (was 20 ILCS 5/1) (from Ch. 127, par. 1)
14 Sec. 1-1. Short title. 1. This Act may be cited as the
15 Civil Administrative Code of Illinois.
16 (Source: P.A. 86-1475.)
17 (20 ILCS 5/1-5 new)
18 Sec. 1-5. Articles. The Civil Administrative Code of
19 Illinois consists of the following Articles:
20 Article 1. Short title and general provisions (20 ILCS
21 5/1-1 and following).
22 Article 5. Departments of State Government Law (20 ILCS
23 5/5-1 and following).
24 Article 10. Department on Aging Law (20 ILCS 110/).
25 Article 15. Department of Agriculture Law (20 ILCS 205/).
26 Article 20. Department of Human Services (Alcoholism and
27 Substance Abuse) Law (20 ILCS 310/).
28 Article 25. Department of Central Management Services Law
29 (20 ILCS 405/).
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1 Article 30. Department of Children and Family Services
2 Powers Law (20 ILCS 510/).
3 Article 35. Department of Commerce and Community Affairs
4 Law (20 ILCS 605/).
5 Article 40. Department of Natural Resources
6 (Conservation) Law (20 ILCS 805/).
7 Article 45. Department of Employment Security Law (20
8 ILCS 1005/).
9 Article 55. Department of Insurance Law (20 ILCS 1405/).
10 Article 60. Department of Labor Law (20 ILCS 1505/).
11 Article 65. Department of Human Services (Mental Health
12 and Developmental Disabilities) Law (20 ILCS 1710/).
13 Article 70. Department of Natural Resources (Mines and
14 Minerals) Law (20 ILCS 1905/).
15 Article 75. Department of Nuclear Safety Law (20 ILCS
16 2005/).
17 Article 80. Department of Professional Regulation Law (20
18 ILCS 2105/).
19 Article 85. Department of Public Aid Law (20 ILCS 2205/).
20 Article 90. Department of Public Health Powers and Duties
21 Law (20 ILCS 2310/).
22 Article 95. Department of Revenue Law (20 ILCS 2505/).
23 Article 100. Department of State Police Law (20 ILCS
24 2605/).
25 Article 105. Department of Transportation Law (20 ILCS
26 2705/).
27 Article 150. University of Illinois Exercise of Functions
28 and Duties Law (110 ILCS 355/).
29 Article 200. State Budget Law (15 ILCS 20/).
30 Article 205. State Fair Grounds Title Law (5 ILCS 620/).
31 (20 ILCS 5/Art. 5 heading new)
32 ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT
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1 (20 ILCS 5/5-1 new)
2 Sec. 5-1. Article short title. This Article 5 of the
3 Civil Administrative Code of Illinois may be cited as the
4 Departments of State Government Law.
5 (20 ILCS 5/5-5 new)
6 (was 20 ILCS 5/2) (from Ch. 127, par. 2)
7 Sec. 5-5. "Department". 2. The word "department," As used
8 in the Civil Administrative Code of Illinois this Act shall,
9 unless the context otherwise clearly indicates, the word
10 "department" means mean the several departments of the State
11 government as designated in Section 5-15 3 of this Law Act,
12 and none other.
13 (Source: Laws 1917, p. 2.)
14 (20 ILCS 5/5-10 new)
15 (was 20 ILCS 5/2.1)
16 Sec. 5-10. "Director". 2.1. As used in the Civil
17 Administrative this Code of Illinois, unless the context
18 clearly indicates otherwise, the word "director" means the
19 several directors of the departments of State government as
20 designated in Section 5-20 4 of this Law Code and includes
21 the Secretary of Human Services and the Secretary of
22 Transportation.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 (20 ILCS 5/5-15 new)
25 (was 20 ILCS 5/3) (from Ch. 127, par. 3)
26 Sec. 5-15. Departments of State government. 3. The
27 Departments of State government are created as follows:
28 The Department on Aging.
29 The Department of Agriculture.
30 The Department of Central Management Services.
31 The Department of Children and Family Services.
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1 The Department of Commerce and Community Affairs.
2 The Department of Corrections.
3 The Department of Employment Security.
4 The Department of Financial Institutions.
5 The Department of Human Rights.
6 The Department of Human Services.
7 The Department of Insurance.
8 The Department of Labor.
9 The Department of the Lottery.
10 The Department of Natural Resources.
11 The Department of Nuclear Safety.
12 The Department of Professional Regulation.
13 The Department of Public Aid.
14 The Department of Public Health.
15 The Department of Revenue.
16 The Department of State Police.
17 The Department of Transportation.
18 The Department of the Veterans' Affairs.
19 The Department of Agriculture;
20 The Department of Labor;
21 The Department of Transportation;
22 The Department of Human Services;
23 The Department of Public Health;
24 The Department of Professional Regulation;
25 The Department of Natural Resources;
26 The Department of Insurance;
27 The Department of State Police;
28 The Department of Corrections;
29 The Department of Revenue;
30 The Department of Financial Institutions;
31 The Department of Public Aid;
32 The Department of Children and Family Services;
33 The Department of Commerce and Community Affairs;
34 The Department of Central Management Services;
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1 The Department on Aging;
2 The Department of Veterans' Affairs;
3 The Department of Nuclear Safety;
4 The Department of Human Rights;
5 The Department of Employment Security;
6 The Department of the Lottery.
7 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
8 (20 ILCS 5/5-20 new)
9 (was 20 ILCS 5/4) (from Ch. 127, par. 4)
10 Sec. 5-20. Heads of departments. 4. Each department
11 shall have an officer as its head who shall be known as
12 director or secretary and who shall, subject to the
13 provisions of the Civil Administrative Code of Illinois this
14 Act, execute the powers and discharge the duties vested by
15 law in his or her respective department.
16 The following officers are hereby created:
17 Director of Aging, for the Department on Aging.
18 Director of Agriculture, for the Department of
19 Agriculture.
20 Director of Central Management Services, for the
21 Department of Central Management Services.
22 Director of Children and Family Services, for the
23 Department of Children and Family Services.
24 Director of Commerce and Community Affairs, for the
25 Department of Commerce and Community Affairs.
26 Director of Corrections, for the Department of
27 Corrections.
28 Director of Employment Security, for the Department of
29 Employment Security.
30 Director of Financial Institutions, for the Department of
31 Financial Institutions.
32 Director of Human Rights, for the Department of Human
33 Rights.
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1 Secretary of Human Services, for the Department of Human
2 Services.
3 Director of Insurance, for the Department of Insurance.
4 Director of Labor, for the Department of Labor.
5 Director of the Lottery, for the Department of the
6 Lottery.
7 Director of Natural Resources, for the Department of
8 Natural Resources.
9 Director of Nuclear Safety, for the Department of Nuclear
10 Safety.
11 Director of Professional Regulation, for the Department
12 of Professional Regulation.
13 Director of Public Aid, for the Department of Public Aid.
14 Director of Public Health, for the Department of Public
15 Health.
16 Director of Revenue, for the Department of Revenue.
17 Director of State Police, for the Department of State
18 Police.
19 Secretary of Transportation, for the Department of
20 Transportation.
21 Director of Veterans' Affairs, for the Department of
22 Veterans' Affairs.
23 Director of Agriculture, for the Department of
24 Agriculture;
25 Director of Labor, for the Department of Labor;
26 Secretary of Transportation, for the Department of
27 Transportation;
28 Secretary of Human Services, for the Department of Human
29 Services;
30 Director of Public Health, for the Department of Public
31 Health;
32 Director of Professional Regulation, for the Department
33 of Professional Regulation;
34 Director of Natural Resources, for the Department of
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1 Natural Resources;
2 Director of Insurance, for the Department of Insurance;
3 Director of State Police, for the Department of State
4 Police;
5 Director of Corrections, for the Department of
6 Corrections;
7 Director of Revenue, for the Department of Revenue;
8 Director of Financial Institutions, for the Department of
9 Financial Institutions;
10 Director of Children and Family Services, for the
11 Department of Children and Family Services;
12 Director of Public Aid, for the Department of Public Aid;
13 Director of Commerce and Community Affairs, for the
14 Department of Commerce and Community Affairs;
15 Director of Central Management Services, for the
16 Department of Central Management Services;
17 Director of Aging, for the Department on Aging;
18 Director of Veterans' Affairs, for the Department of
19 Veterans' Affairs;
20 Director of Human Rights, for the Department of Human
21 Rights;
22 Director of Nuclear Safety, for the Department of Nuclear
23 Safety;
24 Director of Employment Security, for the Department of
25 Employment Security;
26 Director of the Lottery, for the Department of the
27 Lottery.
28 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.)
29 (20 ILCS 5/5-95 new)
30 (was 20 ILCS 5/34) (from Ch. 127, par. 34)
31 Sec. 5-95. Pending actions and proceedings. 34. Neither
32 the Civil Administrative Code of Illinois nor this Act or any
33 amendments to the Code thereto shall not affect any act done,
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1 ratified, or confirmed, or any right accrued or established,
2 or any action or proceeding had or commenced in a civil or
3 criminal cause before the Code this Act or any amendments to
4 the Code take thereto takes effect. Those; but such actions
5 or proceedings may be prosecuted and continued by the
6 department having jurisdiction, under the Code this Act or
7 any amendments to the Code, thereto of the subject matter to
8 which the such litigation or proceeding pertains.
9 (Source: Laws 1925, p. 585.)
10 (20 ILCS 5/5-100 new)
11 (was 20 ILCS 5/5) (from Ch. 127, par. 5)
12 Sec. 5-100. Executive and administrative officers,
13 boards, and commissions. 5. In addition to the directors of
14 departments, the following executive and administrative
15 officers, boards, and commissions designated in the Sections
16 following this Section and preceding Section 5-200 are
17 created. These, which officers, boards, and commissions in
18 the respective departments shall hold offices created and
19 designated in those Sections 5.01 to 5.13j, each inclusive.
20 (Source: P.A. 89-507, eff. 7-1-97.)
21 (20 ILCS 5/5-105 new)
22 (was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14)
23 Sec. 5-105. Direction, supervision, and control of
24 officers. Each officer 5.14. The officers named in the
25 Sections following Section 5-100 and preceding Section 5-200
26 5.01 to 5.13j shall, except as otherwise provided in the
27 Civil Administrative Code of Illinois this Act, be under the
28 direction, supervision, and control of the director or
29 secretary of the officer's their respective department
30 departments and shall perform the such duties prescribed by
31 as the director or secretary shall prescribe.
32 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 5/5-110 new)
2 (was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02)
3 Sec. 5-110. 5.02. In the Department of Agriculture.
4 Assistant Director of Agriculture.
5 (Source: P.A. 80-594.)
6 (20 ILCS 5/5-115 new)
7 (was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e)
8 Sec. 5-115. 5.13e. In the Department of Central
9 Management Services. Two Assistant Directors of Central
10 Management Services.
11 (Source: P.A. 82-789.)
12 (20 ILCS 5/5-120 new)
13 (was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g)
14 Sec. 5-120. 5.13g. In the Department of Commerce and
15 Community Affairs. Assistant Director of Commerce and
16 Community Affairs.
17 (Source: P.A. 81-1509.)
18 (20 ILCS 5/5-125 new)
19 (was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i)
20 Sec. 5-125. 5.13i. In the Department of Employment
21 Security. The board of review, which shall consist of 5 five
22 members, 2 two of whom shall be representative citizens
23 chosen from the employee class, 2 two of whom shall be
24 representative citizens chosen from the employing class, and
25 one of whom shall be a representative citizen not identified
26 with either the employing or employee classes.
27 (Source: P.A. 84-1240.)
28 (20 ILCS 5/5-130 new)
29 (was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b)
30 Sec. 5-130. 5.13b. In the Department of Financial
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1 Institutions. Assistant Director of Financial Institutions.
2 (Source: Laws 1959, p. 2245.)
3 (20 ILCS 5/5-135 new)
4 (was 20 ILCS 5/5.13j)
5 Sec. 5-135. 5.13j. In the Department of Human Services.
6 There shall be 2 Assistant Secretaries of Human Services.
7 Their initial terms shall run from the date of appointment
8 until January 18, 1999, and until their successors have been
9 appointed and have qualified. Thereafter, their terms shall
10 be as provided in Section 5-605 12 of this Law Code.
11 (Source: P.A. 89-507, eff. 7-1-97.)
12 (20 ILCS 5/5-140 new)
13 (was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10)
14 Sec. 5-140. 5.10 In the Department of Insurance.
15 Assistant Director of Insurance.
16 (Source: Laws 1953, p. 82, 567, and 916.)
17 (20 ILCS 5/5-145 new)
18 (was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03)
19 Sec. 5-145. 5.03. In the Department of Labor. Assistant
20 Director of Labor; Chief Factory Inspector; and
21 Superintendent of Safety Inspection and Education.
22 (Source: P.A. 83-1503.)
23 (20 ILCS 5/5-150 new)
24 (was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09)
25 Sec. 5-150. 5.09. In the Department of Natural Resources.
26 Assistant Director of Natural Resources.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (20 ILCS 5/5-155 new)
29 (was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04)
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1 Sec. 5-155. 5.04. In the Office of Mines and Minerals of
2 the Department of Natural Resources. In the Office of Mines
3 and Minerals of the Department of Natural Resources, there
4 shall be a State Mining Board, which shall consist of 6 six
5 officers designated as mine officers and the Director of the
6 Office of Mines and Minerals. Three officers shall be
7 representatives of the employing class and 3 of the employee
8 class. The 6 mine officers shall be qualified as follows:
9 (1) A. Two mine officers from the employing class
10 shall have at least 4 years experience in a supervisory
11 capacity in an underground coal mine and each shall hold
12 a certificate of competency as a mine examiner or mine
13 manager.
14 (2) B. The third mine officer from the employing
15 class shall have at least 4 years experience in a
16 supervisory capacity in a surface coal mine.
17 (3) C. Two mine officers from the employee class
18 shall have 4 years experience in an underground coal mine
19 and shall hold a first class certificate of competency.
20 (4) D. The third mine officer from the employee
21 class shall have at least 4 years experience in a surface
22 coal mine.
23 (Source: P.A. 89-445, eff. 2-7-96.)
24 (20 ILCS 5/5-160 new)
25 (was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h)
26 Sec. 5-160. 5.13h. In the Department of Nuclear Safety.
27 Assistant Director of Nuclear Safety.
28 (Source: P.A. 82-783.)
29 (20 ILCS 5/5-165 new)
30 (was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c)
31 Sec. 5-165. 5.13c. In the Department of Public Aid.
32 Assistant Director of Public Aid.
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1 (Source: Laws 1963, p. 2055.)
2 (20 ILCS 5/5-170 new)
3 (was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07)
4 Sec. 5-170. 5.07. In the Department of Public Health.
5 Assistant Director of Public Health.
6 (Source: Laws 1953, p. 82, 567, and 916.)
7 (20 ILCS 5/5-175 new)
8 (was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12)
9 Sec. 5-175. 5.12. In the Department of Revenue. Assistant
10 Director of Revenue; and State Lottery Superintendent.
11 (Source: P.A. 83-1250.)
12 (20 ILCS 5/5-180 new)
13 (was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11)
14 Sec. 5-180. 5.11. In the Department of State Police.
15 Assistant Director of State Police.
16 (Source: P.A. 84-25.)
17 (20 ILCS 5/5-185 new)
18 (was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05)
19 Sec. 5-185. 5.05. In the Department of Transportation.
20 Assistant Secretary of Transportation.
21 (Source: P.A. 77-153.)
22 (20 ILCS 5/5-190 new)
23 (was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a)
24 Sec. 5-190. 5.01a. In the Department of Veterans'
25 Affairs. Assistant Director of Veterans' Affairs.
26 (Source: P.A. 79-376.)
27 (20 ILCS 5/5-200 new)
28 (was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11)
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1 Sec. 5-200. 7.11. Director of Aging. The Director of
2 Aging shall be a senior citizen, as that such term is defined
3 in the "Illinois Act on the Aging", enacted by the
4 Seventy-eighth General Assembly, as now or hereafter amended,
5 who has sufficient experience in providing services to the
6 aging.
7 (Source: P.A. 78-242.)
8 (20 ILCS 5/5-210 new)
9 (was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08)
10 Sec. 5-210. 7.08. Director of Children and Family
11 Services. The Director of Children and Family Services shall
12 be qualified by professional education and experience to
13 administer the Department.
14 (Source: Laws 1963, p. 1055.)
15 (20 ILCS 5/5-215 new)
16 (was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06)
17 Sec. 5-215. Director and Assistant Director of Financial
18 Institutions. 7.06. The Director and Assistant Director of
19 Financial Institutions shall be persons thoroughly conversant
20 with the theory and practice of the business and purposes of
21 financial institutions.
22 (Source: Laws 1959, p. 2245.)
23 (20 ILCS 5/5-220 new)
24 (was 20 ILCS 5/7.07b)
25 Sec. 5-220. 7.07b. Secretary of Human Services. The
26 initial term of the Secretary of Human Services shall run
27 from the date of appointment until January 18, 1999, and
28 until a successor has been appointed and has qualified.
29 Thereafter, terms shall be as provided in Section 5-605 12 of
30 this Law Code.
31 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 5/5-225 new)
2 (was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04)
3 Sec. 5-225. In the Department of Professional Regulation.
4 7.04. Neither the Director, nor any other executive and
5 administrative officer in the Department of Professional
6 Regulation shall be affiliated with any college or school
7 that which prepares individuals for licensure in any
8 profession or occupation regulated by the Department, either
9 as teacher, officer, or stockholder, nor shall the director
10 or other executive and administrative officer he hold a
11 license or certificate to exercise or practice any of the
12 professions, trades, or occupations regulated.
13 (Source: P.A. 85-225.)
14 (20 ILCS 5/5-230 new)
15 (was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09)
16 Sec. 5-230. 7.09. Director and Assistant Director of
17 Public Aid. The Director of Public Aid shall (1) have
18 substantial experience in responsible positions requiring
19 skill in administration and fiscal management, and (2) be
20 actively interested in the development of effective programs
21 for the alleviation of poverty and the reduction of
22 dependency and social maladjustment.
23 The Assistant Director of Public Aid shall have the same
24 general qualifications as those set forth for the Director of
25 Public Aid in clauses (1) and (2) of the preceding paragraph
26 above.
27 (Source: P.A. 81-1256.)
28 (20 ILCS 5/5-235 new)
29 (was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03)
30 Sec. 5-235. In the Department of Public Health. 7.03. The
31 Director of Public Health shall be a physician licensed to
32 practice medicine in all of its branches in Illinois.
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1 The Assistant Director of Public Health shall be a person
2 who has administrative experience in public health work.
3 (Source: P.A. 87-633.)
4 (20 ILCS 5/5-300 new)
5 (was 20 ILCS 5/9) (from Ch. 127, par. 9)
6 Sec. 5-300. Officers' qualifications and salaries. 9. The
7 executive and administrative officers, whose offices are
8 created by this Act, must have the qualifications prescribed
9 by law and shall receive annual salaries, payable in equal
10 monthly installments, as designated in the Sections following
11 this Section and preceding Section 5-500 9.01 through 9.25.
12 (Source: P.A. 81-1516.)
13 (20 ILCS 5/5-305 new)
14 (was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01)
15 Sec. 5-305. Officers' tuition reimbursement. 9.01.
16 Officers may receive tuition reimbursement for continuing
17 education programs at accredited colleges and universities.
18 Reimbursement of a department head's tuition shall be limited
19 to reimbursement for 4 or fewer course hours per semester,
20 shall require the Governor's approval of enrollment with
21 certification that participation will benefit the State, and
22 shall require proof of satisfactory completion of the course
23 prior to reimbursement.
24 (Source: P.A. 84-500.)
25 (20 ILCS 5/5-310 new)
26 (was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
27 Sec. 5-310. 9.21. In the Department on of Aging. The
28 Director of Aging shall receive $35,200 from the third Monday
29 in January, 1979 to the third Monday in January, 1980;
30 $37,300 from the third Monday in January, 1980 to the third
31 Monday in January, 1981; $39,500 from the third Monday in
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1 January, 1981 to the third Monday in January, 1982, and
2 $40,000 thereafter or as set by the Compensation Review
3 Board, whichever is greater.
4 (Source: P.A. 83-1177.)
5 (20 ILCS 5/5-315 new)
6 (was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
7 Sec. 5-315. 9.02. In the Department of Agriculture. The
8 Director of Agriculture shall receive $38,500 from the third
9 Monday in January, 1979 to the third Monday in January, 1980;
10 $40,800 from the third Monday in January, 1980 to the third
11 Monday in January, 1981, and $43,000 thereafter or as set by
12 the Compensation Review Board, whichever is greater.;
13 The Assistant Director of Agriculture shall receive
14 $33,000 from the third Monday in January, 1979 to the third
15 Monday in January, 1980; $34,900 from the third Monday in
16 January, 1980 to the third Monday in January, 1981 and
17 $37,000 thereafter or as set by the Compensation Review
18 Board, whichever is greater.
19 (Source: P.A. 83-1177.)
20 (20 ILCS 5/5-320 new)
21 (was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
22 Sec. 5-320. 9.19. In the Department of Central
23 Management Services. The Director of Central Management
24 Services shall receive $52,000 annually, or an amount set by
25 the Compensation Review Board, whichever is greater.;
26 Each Assistant Director of Central Management Services
27 shall receive $40,000 annually, or an amount set by the
28 Compensation Review Board, whichever is greater.
29 (Source: P.A. 83-1177.)
30 (20 ILCS 5/5-325 new)
31 (was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
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1 Sec. 5-325. 9.16. In the Department of Children and
2 Family Services. The Director of Children and Family
3 Services shall receive an annual salary of $76,991 or as set
4 by the Compensation Review Board, whichever is greater.
5 (Source: P.A. 87-1216.)
6 (20 ILCS 5/5-330 new)
7 (was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
8 Sec. 5-330. 9.18. In the Department of Commerce and
9 Community Affairs. The Director of Commerce and Community
10 Affairs shall receive $41,800 annually from the date of his
11 appointment to the third Monday in January, 1980; $44,300
12 from the third Monday in January, 1980 to the third Monday in
13 January, 1981; and $46,000 thereafter or as set by the
14 Compensation Review Board, whichever is greater.
15 The Assistant Director of Commerce and Community Affairs
16 shall receive $35,200 annually from the date of his
17 appointment to the third Monday in January, 1980; $37,300
18 from the third Monday in January, 1980 to the third Monday in
19 January, 1981, and $39,000 thereafter or as set by the
20 Compensation Review Board, whichever is greater.
21 (Source: P.A. 83-1177.)
22 (20 ILCS 5/5-335 new)
23 (was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
24 Sec. 5-335. 9.11a. In the Department of Corrections. The
25 Director of Corrections shall receive an annual salary of
26 $85,000 or as set by the Compensation Review Board, whichever
27 is greater.
28 The Assistant Director of Corrections - Juvenile Division
29 shall receive $35,200 from the third Monday in January, 1979
30 to the third Monday in January, 1980; $37,300 from the third
31 Monday in January, 1980 to the third Monday in January, 1981,
32 and $39,000 thereafter or as set by the Compensation Review
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1 Board, whichever is greater.
2 The Assistant Director of Corrections - Adult Division
3 shall receive $35,200 from the third Monday in January, 1979
4 to the third Monday in January, 1980; $37,300 from the third
5 Monday in January, 1980 to the third Monday in January, 1981,
6 and $39,000 thereafter or as set by the Compensation Review
7 Board, whichever is greater.
8 (Source: P.A. 87-1216.)
9 (20 ILCS 5/5-340 new)
10 (was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
11 Sec. 5-340. 9.30. In the Department of Employment
12 Security. The Director of Employment Security shall receive
13 an annual salary of $53,500, or an amount set by the
14 Compensation Review Board, whichever is greater.
15 Each member of the Board of Review shall receive $15,000.
16 (Source: P.A. 84-26.)
17 (20 ILCS 5/5-345 new)
18 (was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
19 Sec. 5-345. 9.15. In the Department of Financial
20 Institutions. The Director of Financial Institutions shall
21 receive $38,500 from the third Monday in January, 1979 to the
22 third Monday in January, 1980; $40,800 from the third Monday
23 in January, 1980 to the third Monday in January, 1981, and
24 $43,000 thereafter or as set by the Compensation Review
25 Board, whichever is greater.;
26 The Assistant Director of Financial Institutions shall
27 receive $33,000 from the third Monday in January, 1979 to the
28 third Monday in January, 1980; $34,900 from the third Monday
29 in January, 1980 to the third Monday in January 1981, and
30 $37,000 thereafter or as set by the Compensation Review
31 Board, whichever is greater.
32 (Source: P.A. 83-1177.)
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1 (20 ILCS 5/5-350 new)
2 (was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
3 Sec. 5-350. In the Department of Human Rights. 9.24. The
4 Director of Human Rights shall receive $44,000 or as set by
5 the Compensation Review Board, whichever is greater.
6 (Source: P.A. 83-1177.)
7 (20 ILCS 5/5-355 new)
8 (was 20 ILCS 5/9.05a)
9 Sec. 5-355. 9.05a. In the Department of Human Services.
10 The Secretary of Human Services shall receive an annual
11 salary equal to the salary payable to the Director of
12 Corrections under Section 5-335 9.11a of this Law Code, or
13 such other amount as may be set by the Compensation Review
14 Board.
15 The Assistant Secretaries of Human Services shall each
16 receive an annual salary equal to the salary payable to an
17 Assistant Director of Public Aid under Section 5-395 9.17 of
18 this Law Code, or such other amount as may be set by the
19 Compensation Review Board.
20 (Source: P.A. 89-507, eff. 7-1-97.)
21 (20 ILCS 5/5-360 new)
22 (was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
23 Sec. 5-360. 9.10. In the Department of Insurance. The
24 Director of Insurance shall receive $38,500 from the third
25 Monday in January, 1979 to the third Monday in January, 1980;
26 $40,800 from the third Monday in January, 1980 to the third
27 Monday in January, 1981, and $43,000 thereafter or as set by
28 the Compensation Review Board, whichever is greater.;
29 The Assistant Director of Insurance shall receive $30,800
30 from the third Monday in January, 1979 to the third Monday in
31 January, 1980; $32,600 from the third Monday in January, 1980
32 to the third Monday in January, 1981; $34,600 from the third
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1 Monday in January, 1981 to the third Monday in January, 1982,
2 and $36,000 thereafter or as set by the Compensation Review
3 Board, whichever is greater.
4 (Source: P.A. 83-1177.)
5 (20 ILCS 5/5-365 new)
6 (was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
7 Sec. 5-365. 9.03. In the Department of Labor. The
8 Director of Labor shall receive $38,500 from the third Monday
9 in January, 1979 to the third Monday in January, 1980;
10 $40,800 from the third Monday in January, 1980 to the third
11 Monday in January, 1981, and $43,000 thereafter or as set by
12 the Compensation Review Board, whichever is greater.;
13 The Assistant Director of Labor shall receive $33,000
14 from the third Monday in January, 1979 to the third Monday in
15 January, 1980; $34,900 from the third Monday in January, 1980
16 to the third Monday in January, 1981, and $37,000 thereafter
17 or as set by the Compensation Review Board, whichever is
18 greater.;
19 The Chief Factory Inspector shall receive $24,700 from
20 the third Monday in January, 1979 to the third Monday in
21 January, 1980, and $25,000 thereafter, or as set by the
22 Compensation Review Board, whichever is greater.;
23 The Superintendent of Safety Inspection and Education
24 shall receive $27,500, or as set by the Compensation Review
25 Board, whichever is greater.;
26 The Superintendent of Women's and Children's Employment
27 shall receive $22,000 from the third Monday in January, 1979
28 to the third Monday in January, 1980, and $22,500 thereafter,
29 or as set by the Compensation Review Board, whichever is
30 greater.
31 (Source: P.A. 83-1177; 83-1503.)
32 (20 ILCS 5/5-370 new)
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1 (was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
2 Sec. 5-370. 9.31. In the Department of the Lottery. The
3 Director of the Lottery shall receive an annual salary of
4 $39,000, or an amount set by the Compensation Review Board,
5 whichever is greater.
6 (Source: P.A. 84-1438.)
7 (20 ILCS 5/5-375 new)
8 (was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
9 Sec. 5-375. 9.09. In the Department of Natural Resources.
10 The Director of Natural Resources shall continue to receive
11 the annual salary set by law for the Director of Conservation
12 until January 20, 1997. Beginning on that date, the Director
13 of Natural Resources shall receive an annual salary of
14 $40,000 or the amount set by the Compensation Review Board,
15 whichever is greater.
16 The Assistant Director of Natural Resources shall
17 continue to receive the annual salary set by law for the
18 Assistant Director of Conservation until January 20, 1997.
19 Beginning on that date, the Assistant Director of Natural
20 Resources shall receive an annual salary of $33,000 or the
21 amount set by the Compensation Review Board, whichever is
22 greater.
23 (Source: P.A. 89-445, eff. 2-7-96.)
24 (20 ILCS 5/5-380 new)
25 (was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04)
26 Sec. 5-380. 9.04. In the Office of Mines and Minerals of
27 the Department of Natural Resources. Each mine officer shall
28 receive $7,500 or the amount set by the Compensation Review
29 Board, whichever is greater.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 5/5-385 new)
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1 (was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
2 Sec. 5-385. 9.25. In the Department of Nuclear Safety.
3 The Director of Nuclear Safety shall receive $45,000 or as
4 set by the Compensation Review Board, whichever is greater.
5 (Source: P.A. 83-1177.)
6 (20 ILCS 5/5-390 new)
7 (was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
8 Sec. 5-390. 9.08. In the Department of Professional
9 Regulation. The Director of Professional Regulation shall
10 receive $35,200 from the third Monday in January, 1979 to the
11 third Monday in January, 1980; $37,300 from the third Monday
12 in January, 1980 to the third Monday in January, 1981 and
13 $44,000 thereafter or as set by the Compensation Review
14 Board, whichever is greater.
15 (Source: P.A. 85-225.)
16 (20 ILCS 5/5-395 new)
17 (was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
18 Sec. 5-395. 9.17. In the Department of Public Aid. The
19 Director of Public Aid shall receive $48,400 from the third
20 Monday in January, 1979 to the third Monday in January, 1980;
21 $51,300 from the third Monday in January, 1980 to the third
22 Monday in January, 1981, and $52,000 thereafter or as set by
23 the Compensation Review Board, whichever is greater.;
24 The Assistant Director of Public Aid shall receive
25 $35,200 from the third Monday in January, 1979 to the third
26 Monday in January, 1980; $37,300 from the third Monday in
27 January, 1980 to the third Monday in January, 1981; $39,500
28 from the third Monday in January, 1981 to the third Monday in
29 January, 1982, and $40,000 thereafter or as set by the
30 Compensation Review Board, whichever is greater.
31 (Source: P.A. 83-1177.)
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1 (20 ILCS 5/5-400 new)
2 (was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
3 Sec. 5-400. 9.07. In the Department of Public Health. The
4 Director of Public Health shall receive $48,400 from the
5 third Monday in January, 1979 to the third Monday in January,
6 1980; $51,300 from the third Monday in January, 1980 to the
7 third Monday in January, 1981, and $52,000 thereafter or as
8 set by the Compensation Review Board, whichever is greater.;
9 The Assistant Director of Public Health shall receive
10 $35,200 from the third Monday in January, 1979 to the third
11 Monday in January, 1980; $37,300 from the third Monday in
12 January, 1980 to the third Monday in January, 1981; $39,500
13 from the third Monday in January, 1981 to the third Monday in
14 January, 1982, and $40,000 thereafter or as set by the
15 Compensation Review Board, whichever is greater.
16 (Source: P.A. 83-1177.)
17 (20 ILCS 5/5-405 new)
18 (was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
19 Sec. 5-405. 9.12. In the Department of Revenue. The
20 Director of Revenue shall receive $41,800 from the third
21 Monday in January, 1979 to the third Monday in January, 1980;
22 $44,300 from the third Monday in January, 1980 to the third
23 Monday in January, 1981, and $46,000 thereafter or as set by
24 the Compensation Review Board, whichever is greater.;
25 The Assistant Director of Revenue shall receive $35,200
26 from the third Monday in January, 1979 to the third Monday in
27 January, 1980; $37,300 from the third Monday in January, 1980
28 to the third Monday in January, 1981, and $39,000 thereafter
29 or as set by the Compensation Review Board, whichever is
30 greater.
31 Beginning July 1, 1990, the annual salary of the Taxpayer
32 Ombudsman shall be the greater of an amount set by the
33 Compensation Review Board or $69,000, adjusted each July 1
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1 thereafter by a percentage increase equivalent to that of the
2 "Employment Cost Index, Wages and Salaries, By Occupation and
3 Industry Groups: State and Local Government Workers: Public
4 Administration" as published by the Bureau of Labor
5 Statistics of the U.S. Department of Labor for the calendar
6 year immediately preceding the year of the respective July
7 1st increase date, the such increase to be no less than zero
8 nor greater than 5% five percent and to be added to the then
9 current annual salary.
10 (Source: P.A. 86-1338)
11 (20 ILCS 5/5-410 new)
12 (was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
13 Sec. 5-410. 9.11. In the Department of State Police. The
14 Director of State Police shall receive $41,800 from the third
15 Monday in January, 1979 to the third Monday in January, 1980;
16 $44,300 from the third Monday in January, 1980 to the third
17 Monday in January, 1981, and $46,000 thereafter or as set by
18 the Compensation Review Board, whichever is greater.;
19 The Assistant Director of State Police shall receive
20 $35,200 from the third Monday in January, 1979 to the third
21 Monday in January, 1980; $37,300 from the third Monday in
22 January, 1980 to the third Monday in January, 1981, and
23 $39,000 thereafter or as set by the Compensation Review
24 Board, whichever is greater.
25 (Source: P.A. 84-25; 84-832.)
26 (20 ILCS 5/5-415 new)
27 (was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
28 Sec. 5-415. 9.05. In the Department of Transportation.
29 The Secretary of Transportation shall receive $48,400 from
30 the third Monday in January, 1979 to the third Monday in
31 January, 1980; $51,300 from the third Monday in January, 1980
32 to the third Monday in January, 1981, and $52,000 thereafter
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1 or as set by the Compensation Review Board, whichever is
2 greater.;
3 The Assistant Secretary of Transportation shall receive
4 $38,500 from the third Monday in January, 1979 to the third
5 Monday in January, 1980; $40,800 from the third Monday in
6 January, 1980 to the third Monday in January, 1981, and
7 $43,000 thereafter or as set by the Compensation Review
8 Board, whichever is greater.
9 (Source: P.A. 83-1177.)
10 (20 ILCS 5/5-420 new)
11 (was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
12 Sec. 5-420. In the Department of Veterans' Affairs. 9.22.
13 The Director of Veterans' Affairs shall receive $38,500 from
14 the third Monday in January, 1979 to the third Monday in
15 January, 1980; $40,800 from the third Monday in January, 1980
16 to the third Monday in January, 1981, and $43,000 thereafter
17 or as set by the Compensation Review Board, whichever is
18 greater.
19 The Assistant Director of Veterans' Affairs shall receive
20 $33,000 from the third Monday in January, 1979 to the third
21 Monday in January, 1980; $34,900 from the third Monday in
22 January, 1980 to the third Monday in January, 1981, and
23 $37,000 thereafter or as set by the Compensation Review
24 Board, whichever is greater.
25 (Source: P.A. 83-1177.)
26 (20 ILCS 5/5-500 new)
27 (was 20 ILCS 5/6) (from Ch. 127, par. 6)
28 Sec. 5-500. Advisory and non-executive boards. 6.
29 Advisory and non-executive boards, in the respective
30 departments, are created as designated in the Sections
31 following this Section and preceding Section 5-600 6.01
32 through 6.27. The members of the such boards shall be
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1 officers.
2 (Source: P.A. 76-1158.)
3 (20 ILCS 5/5-505 new)
4 (was 20 ILCS 5/8) (from Ch. 127, par. 8)
5 Sec. 5-505. Boards' general powers and duties. 8. Each
6 advisory and non-executive board, except as otherwise
7 expressly provided in this Act, and in addition to all powers
8 and duties otherwise expressly provided, shall, with respect
9 to its field of work, or that of the department with which it
10 is associated, have the following powers and duties:
11 (1) 1. To consider and study the entire field; to
12 advise the executive officers of the department upon
13 their request; to recommend, on its own initiative,
14 policies and practices, which recommendations the
15 executive officers of the department shall duly
16 consider;, and to give advice or make recommendations to
17 the Governor and the General Assembly when so requested,
18 or on its own initiative.;
19 (2) 2. To investigate the conduct of the work of
20 the department with which it may be associated, and for
21 this purpose to have access, at any time, to all books,
22 papers, documents, and records pertaining or belonging to
23 that department thereto, and to require written or oral
24 information from any officer or employee of that
25 department thereof;
26 (3) 3. To adopt rules, not inconsistent with law,
27 for its internal control and management., A copy of the
28 which rules shall be filed with the director of the
29 department with which the such board is associated.;
30 (4) 4. To hold meetings at the such times and
31 places as may be prescribed by the rules but, not less
32 frequently, however, than quarterly.;
33 (5) 5. To act by a sub-committee, or by a majority
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1 of the board, if the rules so prescribe.;
2 (6) 6. To keep minutes of the transactions of each
3 session, regular or special, which shall be public
4 records and filed with the director of the department.;
5 (7) 7. To give notice to the Governor and to the
6 director of the department with which it is associated of
7 the time and place of every meeting, regular or special,
8 and to permit the Governor and the director of the
9 department to be present and to be heard upon any matter
10 coming before the such board.
11 (Source: Laws 1955, p. 2222.)
12 (20 ILCS 5/5-510 new)
13 (was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1)
14 Sec. 5-510. Gender balanced appointments. 8.1. All
15 appointments to boards, commissions, committees, and councils
16 of the State created by the laws of this State and after July
17 1, 1992 the effective date of this Section shall be gender
18 balanced to the extent possible and to the extent that
19 appointees are qualified to serve on those boards,
20 commissions, committees, and councils. If gender balance is
21 not possible, then appointments shall provide for significant
22 representation of both sexes to boards, commissions,
23 committees, and councils governed by this Section and the
24 Gender Balanced Appointments Act. If there are multiple
25 appointing authorities for a board, commission, committee, or
26 council, they shall each strive to achieve gender balance in
27 their appointments.
28 Appointments made in accordance with this Section should
29 be made in a manner that makes a good faith attempt to seek
30 gender balance based on the numbers of each gender belonging
31 to the group from which appointments are made.
32 (Source: P.A. 87-797.)
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1 (20 ILCS 5/5-515 new)
2 (was 20 ILCS 5/10) (from Ch. 127, par. 10)
3 Sec. 5-515. Compensation prohibited. 10. No member of an
4 advisory and non-executive board shall receive any
5 compensation.
6 (Source: Laws 1917, p. 2.)
7 (20 ILCS 5/5-520 new)
8 (was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27)
9 Sec. 5-520. 6.27. In the Department on Aging. A Council
10 on Aging and a Coordinating Committee of State Agencies
11 Serving Older Persons composed and appointed as provided in
12 the Illinois Act on the Aging.
13 (Source: P.A. 89-249, eff. 8-4-95.)
14 (20 ILCS 5/5-525 new)
15 (was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
16 Sec. 5-525. 6.01. In the Department of Agriculture.
17 (a) A Board of Agricultural Advisors composed of 17
18 persons engaged in agricultural industries, including
19 representatives of the agricultural press and of the State
20 Agricultural Experiment Station.
21 (b) An Advisory Board of Livestock Commissioners to
22 consist of 24 persons. The Board shall consist of the
23 administrator of animal disease programs, the Dean of the
24 College of Agriculture of the University of Illinois, the
25 Dean of the College of Veterinary Medicine of the University
26 of Illinois, and commencing on January 1, 1990 the Deans or
27 Chairmen of the Colleges or Departments of Agriculture of
28 Illinois State University, Southern Illinois University, and
29 Western Illinois University in that order who shall each
30 serve for 1 year terms, provided that commencing on January
31 1, 1993 such terms shall be for 2 years in the same order,
32 the Director of Public Health, the chairman of the
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1 Agriculture, Conservation and Energy Committee of the Senate,
2 and the chairman of the Committee on Agriculture of the House
3 of Representatives, who shall ex-officio be members of the
4 Board, thereof and 17 additional persons interested in the
5 prevention, elimination and control of diseases of domestic
6 animals and poultry who shall be appointed by the Governor to
7 serve at the Governor's his pleasure. An appointed member's
8 office becomes vacant upon the member's his absence from 3
9 consecutive meetings. Of the 17 such additional persons, one
10 shall be a representative of breeders of beef cattle, one
11 shall be a representative of breeders of dairy cattle, one
12 shall be a representative of breeders of dual purpose cattle,
13 one shall be a representative of breeders of swine, one shall
14 be a representative of poultry breeders, one shall be a
15 representative of sheep breeders, one shall be a veterinarian
16 licensed in this State, one shall be a representative of
17 general or diversified farming, one shall be a representative
18 of the public stockyards, one shall be a representative of
19 livestock auction markets, one shall be a representative of
20 cattle feeders, one shall be a representative of pork
21 producers, one shall be a representative of the State
22 licensed meat packers, one shall be a representative of
23 canine breeders, one shall be a representative of equine
24 breeders, one shall be a representative of the Illinois
25 licensed renderers, and one shall be a representative of
26 livestock dealers. The members shall receive no compensation
27 but shall be reimbursed for expenses necessarily incurred in
28 the performance of their duties. In the appointment of the
29 such Advisory Board of Livestock Commissioners, the Governor
30 shall consult with representative persons and recognized
31 organizations in the respective fields concerning the such
32 appointments.
33 Rules and regulations of the Department of Agriculture
34 pertaining to the prevention, elimination, and control of
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1 diseases of domestic animals and poultry shall be submitted
2 to the Advisory Board of Livestock Commissioners for approval
3 at its duly called meeting. The chairman of the Board shall
4 certify the official minutes of the Board's action and shall
5 file the certified minutes with the Department of Agriculture
6 within 30 days after the proposed rules and regulations are
7 submitted and before they are promulgated and made effective.
8 If the Board fails to take action within 30 days this
9 limitation shall not apply and the such rules and regulations
10 may be promulgated and made effective. In the event it is
11 deemed desirable, the Board may hold hearings upon the such
12 rules and regulations or proposed revisions. The Board
13 members shall be familiar with the Acts relating to the
14 prevention, elimination, and control of diseases among
15 domestic animals and poultry. The Department shall, upon the
16 request of a Board member, advise the with such Board
17 concerning the administration of the respective Acts.
18 The Director of Agriculture or his representative from
19 the Department shall act as chairman of the Board. The
20 Director shall call meetings of the Board thereof from time
21 to time or when requested by 3 or more appointed members of
22 the Board. A quorum of appointed members must be present to
23 convene an official meeting. The chairman and ex-officio
24 members shall not be included in a quorum call. Ex-officio
25 members may be represented by a duly authorized
26 representative from their department, division, college, or
27 committee. Appointed members shall not be represented at a
28 meeting by another person. Ex-officio members and appointed
29 members shall have the right to vote on all proposed rules
30 and regulations; voting that in effect would pertain to
31 approving rules and regulations shall be taken by an oral
32 roll call. No member shall vote by proxy. The chairman shall
33 not vote except in the case of a tie vote. Any member
34 ex-officio or appointed member may ask for and shall receive
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1 an oral roll call on any motion before the Board. The
2 Department shall provide a clerk to take minutes of the
3 meetings and record transactions of the Board. The Board, by
4 oral roll call, may require an official court reporter to
5 record the minutes of the meetings.
6 (Source: P.A. 86-232.)
7 (20 ILCS 5/5-530 new)
8 (was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a)
9 Sec. 5-530. 6.01a. In the Department of Agriculture and
10 in cooperation with the Department of Commerce and Community
11 Affairs. An Agricultural Export Advisory Committee composed
12 of the following: 2 members of the House of Representatives,
13 to be appointed by the Speaker of the House of
14 Representatives thereof; 2 members of the Senate, to be
15 appointed by the President of the Senate; the Director of
16 Agriculture, who shall serve as Secretary of the Committee;
17 and not more than 15 members to be appointed by the Governor.
18 The members of the committee shall receive no compensation,
19 but shall be reimbursed for expenses necessarily incurred in
20 the performance of their duties under this Act.
21 (Source: P.A. 81-1509.)
22 (20 ILCS 5/5-535 new)
23 (was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15)
24 Sec. 5-535. 6.15. In the Department of Children and
25 Family Services. A Children and Family Services Advisory
26 Council of 17 members, one of whom shall be a senior citizen
27 age 60 or over, appointed by the Governor. The Such Council
28 shall advise the Department with respect to services and
29 programs for children, and for adults under its care. In
30 appointing the first Council, 8 members shall be named to
31 serve 2 years, and 8 members named to serve 4 years. The
32 member first appointed under Public this amendatory Act
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1 83-1538 of 1984 shall serve for a term of 4 years. All
2 members appointed thereafter shall be appointed for terms of
3 4 years. At its first meeting the Council shall select a
4 chairman from among its members and appoint a committee to
5 draft rules of procedure.
6 (Source: P.A. 83-1538.)
7 (20 ILCS 5/5-540 new)
8 (was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, par. 6.28
9 and 7.01)
10 Sec. 5-540. 6.28. In the Department of Employment
11 Security.
12 (a) A Board of Unemployment Compensation and Free
13 Employment Office Advisors, composed of 9 persons.
14 Sec. 7.01. Of the 9 nine members of the Board of
15 Unemployment Compensation and Free Employment Office
16 Advisors, 3 three members shall be representative citizens
17 chosen from the employee class, 3 three members shall be
18 representative citizens chosen from the employing class, and
19 3 three members shall be representative citizens not
20 identified with either the employing or the employee class
21 classes.
22 (b) Of the 5 five local Illinois free employment office
23 advisors, 2 two shall be representative citizens of the
24 employee class, 2 two shall be representative citizens chosen
25 from the employing class, and the other shall be a
26 representative citizen not identified with either the
27 employing or the employee class classes.
28 (Source: Laws 1957, p. 1270; P.A. 83-1503.)
29 (20 ILCS 5/5-545 new)
30 (was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04)
31 Sec. 5-545. 6.04. In the Department of Human Services.
32 A Psychiatric Advisory Council appointed by and at the
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1 discretion of the Secretary of Human Services, consisting of
2 representatives from the several schools and institutes in
3 Illinois conducting programs of psychiatric training, which
4 shall advise the Department with respect to its policies and
5 programs relating to mental health or developmental
6 disabilities. The members shall serve for the such terms
7 that as the Secretary shall designate.
8 (Source: P.A. 89-507, eff. 7-1-97.)
9 (20 ILCS 5/5-550 new)
10 (was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
11 Sec. 5-550. 6.23. In the Department of Human Services.
12 A Rehabilitation Services Advisory Council, hereinafter
13 referred to as the Council, is hereby established for the
14 purpose of advising the Secretary in matters concerning
15 individuals with disabilities and the provision of
16 rehabilitation services. The Council shall consist of 23
17 members appointed by the Governor after soliciting
18 recommendations from representatives of organizations
19 representing a broad range of individuals with disabilities
20 and organizations interested in individuals with
21 disabilities. The Governor shall appoint to this Council the
22 following:
23 (1) One representative of a parent training center
24 established in accordance with the federal Individuals
25 with Disabilities Education Act.
26 (2) One representative of the client assistance
27 program.
28 (3) One vocational rehabilitation counselor who has
29 knowledge of and experience with vocational
30 rehabilitation programs. (If an employee of the
31 Department is appointed, that appointee shall serve as an
32 ex officio, nonvoting member.)
33 (4) One representative of community rehabilitation
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1 program service providers.
2 (5) Four representatives of business, industry, and
3 labor.
4 (6) Eight representatives of disability advocacy
5 groups representing a cross section of the following:
6 (A) individuals with physical, cognitive,
7 sensory, and mental disabilities; and
8 (B) parents, family members, guardians,
9 advocates, or authorized representative of
10 individuals with disabilities who have difficulty in
11 representing themselves or who are unable, due to
12 their disabilities, to represent themselves.
13 (7) One current or former applicant for, or
14 recipient of, vocational rehabilitation services.
15 (8) Three representatives from secondary or higher
16 education.
17 The chairperson of the Statewide Independent Living Council
18 created under Section 12a of the Disabled Persons
19 Rehabilitation Act, the chairperson of the Blind Services
20 Planning Council created under the Bureau for the Blind Act,
21 and the Secretary of Human Services shall serve as ex officio
22 members.
23 The Council shall select a Chairperson.
24 The Chairperson and at least 11 other members of the
25 Council shall have a recognized disability. One member shall
26 be a senior citizen age 60 or over. A majority of the
27 Council members shall not be employees of the Department of
28 Human Services. Current members of the Rehabilitation
29 Services Advisory Council shall serve until members of the
30 newly created Council are appointed.
31 The terms of all members appointed before the effective
32 date of Public this amendatory Act 88-10 of 1993 shall expire
33 on July 1, 1993. The members first appointed under Public
34 this amendatory Act 88-10 of 1993 shall be appointed to serve
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1 for staggered terms beginning July 1, 1993, as follows: 7
2 members shall be appointed for terms of 3 years, 7 members
3 shall be appointed for terms of 2 years, and 6 members shall
4 be appointed for terms of one year. Thereafter, all
5 appointments shall be for terms of 3 years. Vacancies shall
6 be filled for the unexpired term. Members shall serve until
7 their successors are appointed and qualified. No member
8 shall serve for more than 2 full terms.
9 Members shall be reimbursed for their actual expenses
10 incurred in the performance of their duties, including
11 expenses for travel, child care, and personal assistance
12 services, and a member who is not employed or who must
13 forfeit wages from other employment shall be paid reasonable
14 compensation for each day the member is engaged in performing
15 the duties of the Council.
16 The Council shall meet at least 4 times per year at times
17 and places designated by the Chairman upon 10 days written
18 notice to the members. Special meetings may be called by the
19 Chairperson or 7 members of the Council upon 7 days written
20 notice to the other members. Twelve members shall constitute
21 a quorum. No member of the Council shall cast a vote on any
22 matter that would provide direct financial benefit to the
23 member or otherwise give the appearance of a conflict of
24 interest under Illinois law.
25 The Council shall prepare and submit to the Director the
26 such reports and findings that the Director as he may request
27 or that as the Council deems fit. The Council shall select
28 jointly with the Department a pool of qualified persons to
29 serve as impartial hearing officers.
30 To the extent that there is a disagreement between the
31 Council and the Department of Human Services regarding the
32 resources necessary to carry out the functions of the Council
33 as set forth in this Section, the disagreement shall be
34 resolved by the Governor.
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1 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
2 (20 ILCS 5/5-555 new)
3 (was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02)
4 Sec. 5-555. 6.02. In the Department of Labor. An Advisory
5 Board to the Department of Labor, composed of 13 members,
6 including 5 representatives of employees, 5 representatives
7 of employers, and 3 public members. Members' terms shall will
8 be for 2 years with appointments staggered to ensure assure
9 continuity in performance of the responsibilities of the
10 Board. The Board shall give notice to the Governor and the
11 Director of Labor of the time and place of every meeting,
12 regular or special, and shall permit the Governor and the
13 Director to be present and to be heard upon any matter coming
14 before the Board.
15 (Source: P.A. 86-544.)
16 (20 ILCS 5/5-560 new)
17 (was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
18 Sec. 5-560. 6.08. In the Department of Natural Resources.
19 An Advisory Board to the Department of Natural Resources,
20 composed of 11 persons, one of whom shall be a senior citizen
21 age 60 or over.
22 In the appointment of the initial members the Governor
23 shall designate 3 persons to serve for 2 years, 3 for 4
24 years, and 3 for 6 years from the third Monday in January of
25 the odd-numbered year in which the term commences. The
26 members first appointed under this amendatory Act of 1984
27 shall serve a term of 6 years commencing on the third Monday
28 in January, 1985.
29 The Advisory Board shall formulate long range policies
30 for guidance of the Department in: the protection and
31 conservation of renewable resources of the State of Illinois;
32 the development of areas and facilities for outdoor
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1 recreation; the prevention of timber destruction and other
2 forest growth by fire, or otherwise; the reforestation of
3 suitable lands of this State; the extension of cooperative
4 support to other agencies of this State in preventing the
5 prevention and guarding against the pollution of streams and
6 lakes within the State; the management of the wildlife
7 resources, including migratory fowl, and fisheries resources,
8 including the construction of new water impoundment areas;
9 the development of an adequate research program for fish,
10 game, and forestry through cooperation with and support of
11 the Illinois Natural History Survey; and the expressing of
12 policies for proper dissemination of and enforcement of the
13 various laws pertinent to the conservation program of
14 Illinois and the nation.
15 The Board shall make a study of the personnel structure
16 of the Department and shall, from time to time, make
17 recommendations to the Governor and the Director of Natural
18 Resources for a merit system of employment and for the
19 revision of the position classification to the extent which
20 Civil Service classification should apply in departmental
21 positions.
22 The Board shall make studies of the land acquisition
23 needs of the Department and recommendations from time to time
24 as to necessary acquisition of lands for fisheries, game,
25 forestry, and recreational development.
26 The Board shall in cooperation with the Illinois Natural
27 History Survey recommend to the Director of Natural Resources
28 any reductions or increases of seasons, and bag or possession
29 limits, or the closure of any season when research and
30 inventory data indicate the need for those such changes to
31 maintain the relative biological balance of any species.
32 Such Board members shall be reimbursed for any necessary
33 travel expenses incurred in the performance of their duties.
34 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (20 ILCS 5/5-565 new)
2 (was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
3 Sec. 5-565. 6.06. In the Department of Public Health.
4 (a) The General Assembly declares it to be the public
5 policy of this State that all citizens of Illinois are
6 entitled to lead healthy lives. Governmental public health
7 has a specific responsibility to ensure that a system is in
8 place to allow the public health mission to be achieved. To
9 develop a system requires certain core functions to be
10 performed by government. The State Board of Health is to
11 assume the leadership role in advising the Director in
12 meeting the following functions:
13 (1) Needs assessment.
14 (2) Statewide health objectives.
15 (3) Policy development.
16 (4) Assurance of access to necessary services.
17 There shall be a State Board of Health composed of 15
18 persons, all of whom shall be appointed by the Governor and
19 one of whom shall be a senior citizen age 60 or over. Five
20 members shall be physicians licensed to practice medicine in
21 all its branches, one representing a medical school faculty,
22 one who is board certified in preventive medicine, and 2 who
23 are engaged in private practice. One member shall be a
24 dentist; one an environmental health practitioner; one a
25 local public health administrator; one a local board of
26 health member; one a registered nurse; one a veterinarian;
27 one a public health academician; one a health care industry
28 representative; and 2 shall be citizens at large.
29 In the appointment of the first Board of Health members
30 appointed after September 19, 1991 (the effective date of
31 Public this amendatory Act 87-633) of 1991, the Governor
32 shall appoint 5 members to serve for terms of 5 years; 5
33 members to serve for terms of 2 years; and 5 members to serve
34 for a term of one year. Members appointed thereafter shall be
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1 appointed for terms of 3 years, except that when where an
2 appointment is made to fill a vacancy, in which case the
3 appointment shall be for the remaining term of the position
4 vacated. All members shall be legal residents of the State
5 of Illinois. The duties of the Board shall include, but not
6 be limited to, the following:
7 (1) To advise the Department of ways to encourage
8 public understanding and support of the Department's
9 programs.
10 (2) To evaluate all boards, councils, committees,
11 authorities, and bodies advisory to, or an adjunct of,
12 the Department of Public Health or its Director for the
13 purpose of recommending to the Director one or more of
14 the following:
15 (i) The elimination of bodies whose activities
16 are not consistent with goals and objectives of the
17 Department.
18 (ii) The consolidation of bodies whose
19 activities encompass compatible programmatic
20 subjects.
21 (iii) The restructuring of the relationship
22 between the various bodies and their integration
23 within the organizational structure of the
24 Department.
25 (iv) The establishment of new bodies deemed
26 essential to the functioning of the Department.
27 (3) To serve as an advisory group to the Director
28 for public health emergencies and control of health
29 hazards.
30 (4) To advise the Director regarding public health
31 policy, and to make health policy recommendations
32 regarding priorities to the Governor through the
33 Director.
34 (5) To present public health issues to the Director
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1 and to make recommendations for the resolution of those
2 issues.
3 (6) To recommend studies to delineate public health
4 problems.
5 (7) To make recommendations to the Governor through
6 the Director regarding the coordination of State public
7 health activities with other State and local public
8 health agencies and organizations.
9 (8) To report on or before February 1 of each year
10 on the health of the residents of Illinois to the
11 Governor, the General Assembly, and the public.
12 (9) To review the final draft of all proposed
13 administrative rules, other than emergency or preemptory
14 rules and those rules that another advisory body must
15 approve or review within a statutorily defined time
16 period, of the Department after September 19, 1991 (the
17 effective date of Public this amendatory Act 87-633) of
18 1991. The Board shall review the proposed rules within 90
19 days of submission by the Department. The Department
20 shall take into consideration any comments and
21 recommendations of the Board regarding the proposed rules
22 prior to submission to the Secretary of State for initial
23 publication. If the Department disagrees with the
24 recommendations of the Board, it shall submit a written
25 response outlining the reasons for not accepting the
26 recommendations.
27 (10) To make recommendations to the Governor
28 through the Director concerning the development and
29 periodic updating of Statewide health objectives
30 encompassing, in part, the periodically published federal
31 health objectives for the nation, which will provide the
32 basis for the policy development and assurance roles of
33 the State Health Department, and to make recommendations
34 to the Governor through the Director regarding
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1 legislation and funding necessary to implement the
2 objectives.
3 (11) Upon the request of the Governor, to recommend
4 to the Governor candidates for Director of Public Health
5 when vacancies occur in the position.
6 (12) To adopt bylaws for the conduct of its own
7 business, including the authority to establish ad hoc
8 committees to address specific public health programs
9 requiring resolution.
10 Upon appointment, the Board shall elect a chairperson
11 from among its members.
12 Members of the Board shall receive compensation for their
13 services at the rate of $150 per day, not to exceed $10,000
14 per year, as designated by the Director for each day required
15 for transacting the business of the Board, and shall be
16 reimbursed for necessary expenses incurred in the performance
17 of their duties. The Board shall meet from time to time at
18 the call of the Department, at the call of the chairperson,
19 or upon the request of 3 of its members, but shall not meet
20 less than 4 times per year.
21 (b) An Advisory Board of Cancer Control which shall
22 consist of 9 members, one of whom shall be a senior citizen
23 age 60 or over, appointed by the Governor, one of whom shall
24 be designated as chairman by a majority of the members of the
25 Board. No less than 4 members shall be recognized authorities
26 in cancer control, and at least 4 members shall be physicians
27 licensed to practice medicine in all of its branches in the
28 State of Illinois. In the appointment of the first board the
29 Governor shall appoint 2 members to serve for terms of 1
30 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
31 members first appointed under Public this amendatory Act
32 83-1538 of 1984 shall serve for a term of 3 years. All
33 members appointed, thereafter shall be appointed for terms of
34 3 years, except where an appointment is made to fill a
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1 vacancy, in which case the appointment shall be for the
2 remaining term of the position vacant. The members of the
3 Board shall be citizens of the State of Illinois. In the
4 appointment of the Advisory Board the Governor shall invite
5 nominations from recognized medical organizations of this
6 State. The Board is authorized to receive voluntary
7 contributions from any source, and to expend the
8 contributions same for the purpose of cancer control as
9 authorized by this Act, and the laws of this State.
10 (c) An Advisory Board on Necropsy Service to Coroners,
11 which shall counsel and advise with the Director on the
12 administration of the Autopsy Act. The Advisory Board shall
13 consist of 11 members, including a senior citizen age 60 or
14 over, appointed by the Governor, one of whom shall be
15 designated as chairman by a majority of the members of the
16 Board. In the appointment of the first Board the Governor
17 shall appoint 3 members to serve for terms of 1 year, 3 for
18 terms of 2 years, and 3 for terms of 3 years. The members
19 first appointed under Public this amendatory Act 83-1538 of
20 1984 shall serve for a term of 3 years. All members
21 appointed thereafter shall be appointed for terms of 3 years,
22 except that when where an appointment is made to fill a
23 vacancy, in which case the appointment shall be for the
24 remaining term of the position vacant. The members of the
25 Board shall be citizens of the State of Illinois. In the
26 appointment of members of the Advisory Board the Governor
27 shall appoint 3 members who shall be persons licensed to
28 practice medicine and surgery in the State of Illinois, at
29 least 2 of whom shall have received post-graduate training in
30 the field of pathology; 3 members who are duly elected
31 coroners in this State; and 5 members who shall have interest
32 and abilities in the field of forensic medicine but who shall
33 be neither persons licensed to practice any branch of
34 medicine in this State nor coroners. In the appointment of
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1 medical and coroner members of the Board, the Governor shall
2 invite nominations from recognized medical and coroners
3 organizations in this State respectively. Board members,
4 while serving on business of the Board, shall receive actual
5 necessary travel and subsistence expenses while so serving
6 away from their places of residence.
7 (Source: P.A. 86-436; 87-633.)
8 (20 ILCS 5/5-570 new)
9 (was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars.
10 6.02a and 7.04a)
11 Sec. 5-570. 6.02a. In the Department of Transportation.
12 A Board of Aeronautical Advisors, composed of 9 persons.
13 Sec. 7.04a. The Board of Aeronautical Advisors shall
14 include among its members at least one person who is
15 interested in air commerce, at least one person who is
16 interested in noncommercial private flying, at least one
17 person who is interested in the operation or management of
18 airports, and at least one person who is interested in the
19 conducting of schools that which have a comprehensive
20 curriculum for instruction of persons desiring to learn how
21 to operate, repair, or maintain aircraft. The Secretary of
22 Transportation shall be a member and chairman of the Board of
23 Aeronautical Advisors. The head of the Division of
24 Aeronautics shall be a member and vice-chairman of the Board.
25 (Source: P.A. 85-1033.)
26 (20 ILCS 5/5-600 new)
27 (was 20 ILCS 5/11) (from Ch. 127, par. 11)
28 Sec. 5-600. Officer's performance of duties. 11. Each
29 officer provided for by the Civil Administrative Code of
30 Illinois this Act shall perform the such duties that are as
31 may be prescribed by law for the officer's his position and
32 to the best of the officer's his ability shall render
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1 faithful and efficient service in the performance of those
2 his duties, to the end that the public interest and welfare
3 may be furthered.
4 (Source: Laws 1927, p. 844.)
5 (20 ILCS 5/5-605 new)
6 (was 20 ILCS 5/12) (from Ch. 127, par. 12)
7 Sec. 5-605. Appointment of officers. 12. Each officer
8 whose office is created by the Civil Administrative Code of
9 Illinois this Act, or by any amendment to the Code thereto,
10 shall be appointed by the Governor, by and with the advice
11 and consent of the Senate. In case of vacancies in those
12 such offices during the recess of the Senate, the Governor
13 shall make a temporary appointment until the next meeting of
14 the Senate, when the Governor he shall nominate some person
15 to fill the such office, and any person so nominated, who is
16 confirmed by the Senate, shall hold his office during the
17 remainder of the term and until his or her successor is shall
18 be appointed and qualified. If the Senate is not in session
19 at the time the Code this Act, or any amendments to the Code
20 thereto, take effect, the Governor shall make a temporary
21 appointment as in the case of a vacancy.
22 During the absence or inability to act of the director of
23 any department, or of the Secretary of Human Services or the
24 Secretary of Transportation, or in case of a vacancy in any
25 such office until a successor is appointed and qualified, the
26 Governor may designate some person as acting director or
27 acting secretary to execute the powers and discharge the
28 duties vested by law in that director or secretary.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 5/5-610 new)
31 (was 20 ILCS 5/13) (from Ch. 127, par. 13)
32 Sec. 5-610. Term of office. 13. Each officer whose office
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1 is created by the Civil Administrative Code of Illinois this
2 Act, except as otherwise specifically provided for in the
3 Code this Act, shall hold office for a term of 2 years from
4 the third Monday in January of each odd-numbered year and
5 until the officer's his successor is appointed and qualified.
6 Where the provisions of the Code this Act require General
7 Assembly members to be included in the membership of any
8 advisory and nonexecutive board, the General Assembly members
9 shall serve such terms or until termination of their
10 legislative service, whichever first occurs.
11 (Source: P.A. 83-1250.)
12 (20 ILCS 5/5-615 new)
13 (was 20 ILCS 5/14) (from Ch. 127, par. 14)
14 Sec. 5-615. Officer's oath. 14. Each officer whose office
15 is created by the Civil Administrative Code of Illinois this
16 Act, or by any amendments to the Code thereto, shall, before
17 entering upon the discharge of the duties of the his office,
18 qualify for the office by taking and subscribing the
19 constitutional oath of office and filing the signed oath in
20 the office of the Secretary of State.
21 (Source: P.A. 79-1348.)
22 (20 ILCS 5/5-620 new)
23 (was 20 ILCS 5/15) (from Ch. 127, par. 15)
24 Sec. 5-620. Officer's bond. 15. Each executive and
25 administrative officer whose office is created by the Civil
26 Administrative Code of Illinois this Act, or by any
27 amendments to the Code thereto, shall, before entering upon
28 the discharge of the duties of the his office, qualify for
29 the office by executing a bond and filing the bond in the
30 office of the Secretary of the State.
31 All official bonds required to be executed and filed
32 pursuant to this Section shall be executed with security to
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1 be approved by the Governor and in the such penal sum that as
2 shall be fixed by the Governor, not less in any case than
3 $10,000. The ten thousand dollars, and which bond shall be
4 conditioned for the faithful performance of the officer's
5 duties.
6 All official bonds required to be executed and filed
7 pursuant to this Section are subject to the requirements of
8 the Official Bond Act "An Act to revise the law in relation
9 to official bonds", approved March 13, 1874, as now or
10 hereafter amended.
11 (Source: P.A. 79-1348.)
12 (20 ILCS 5/5-625 new)
13 (was 20 ILCS 5/16) (from Ch. 127, par. 16)
14 Sec. 5-625. Department regulations. 16. The director of
15 each department (see Section 5-10 of this Law for the
16 definition of "director") and the Secretary of the Department
17 of Transportation is empowered to prescribe regulations, not
18 inconsistent with law, for the government of the director's
19 his department, the conduct of the department's its employees
20 and clerks, the distribution and performance of the
21 department's its business, and the custody, use, and
22 preservation of the records, papers, books, documents, and
23 property pertaining to the department thereto.
24 (Source: P.A. 77-153.)
25 (20 ILCS 5/5-630 new)
26 (was 20 ILCS 5/17) (from Ch. 127, par. 17)
27 Sec. 5-630. Department offices. 17. Each department shall
28 maintain a central office in the Capitol Building, Centennial
29 Building, or State Office Building at Springfield, in rooms
30 provided by the Secretary of State, or in the Armory Building
31 at Springfield, in rooms provided by the Department of
32 Central Management Services, excepting the Department of
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1 Agriculture, which shall maintain a central office at the
2 State fair grounds at Springfield, and the Department of
3 Transportation, which shall also maintain a Division of
4 Aeronautics at Capital Airport. The director of each
5 department (see Section 5-10 of this Law for the definition
6 of "director") and the Secretary of Transportation, may, in
7 the director's his discretion and with the approval of the
8 Governor, establish and maintain, at places other than the
9 seat of government, branch offices for the conduct of any one
10 or more functions of the director's his department.
11 (Source: P.A. 82-789.)
12 (20 ILCS 5/5-635 new)
13 (was 20 ILCS 5/18) (from Ch. 127, par. 18)
14 Sec. 5-635. Department office hours. 18. Each department
15 shall be open for the transaction of public business at least
16 from 8:30 eight-thirty o'clock in the morning until 5:00 five
17 o'clock in the evening of each day except Saturdays, Sundays,
18 and days that may hereafter be declared by the Governor to be
19 holidays for State employees.
20 (Source: Laws 1965, p. 542.)
21 (20 ILCS 5/5-640 new)
22 (was 20 ILCS 5/19) (from Ch. 127, par. 19)
23 Sec. 5-640. Department seal. 19. Each department shall
24 adopt and keep an official seal.
25 (Source: Laws 1917, p. 2.)
26 (20 ILCS 5/5-645 new)
27 (was 20 ILCS 5/20) (from Ch. 127, par. 20)
28 Sec. 5-645. Department employees. 20. Each department may
29 obtain necessary employees and, if the rate of compensation
30 is not otherwise fixed by law, may fix their compensation
31 subject to the "Personnel Code", approved July 18, 1955, as
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1 amended.
2 (Source: Laws 1967, p. 4068.)
3 (20 ILCS 5/5-650 new)
4 (was 20 ILCS 5/25) (from Ch. 127, par. 25)
5 Sec. 5-650. Department reports. 25. The Governor may
6 require from each director of a department (see Section 5-10
7 of this Law for the definition of "director") and the
8 Secretary of Transportation, a report in writing concerning
9 the condition, management, and financial transactions of the
10 director's department their respective departments. In
11 addition to those such reports, each director of a department
12 and the Secretary of the Department of Transportation, shall
13 make the semi-annual and biennial reports provided by the
14 Constitution.
15 (Source: P.A. 82-905.)
16 (20 ILCS 5/5-655 new)
17 (was 20 ILCS 5/26) (from Ch. 127, par. 26)
18 Sec. 5-655. Cooperation by directors. 26. The directors
19 of departments shall devise a practical and working basis for
20 co-operation and co-ordination of work, eliminating
21 duplication and overlapping of functions. They shall, so far
22 as practicable, co-operate with each other in the employment
23 of services and the use of quarters and equipment. The
24 director of any department may empower or require an employee
25 employe of another department, subject to the consent of the
26 superior officer of the employee employe, to perform any duty
27 that the director which he might require of his or her own
28 subordinates.
29 The directors of departments may co-operate in the
30 investigation of any licensed health care professional or may
31 jointly investigate such a person and may share the results
32 of any cooperative, joint, or independent investigation of
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1 such a person.
2 (Source: P.A. 84-1252.)
3 (20 ILCS 5/5-660 new)
4 (was 20 ILCS 5/31) (from Ch. 127, par. 31)
5 Sec. 5-660. Power to inspect and secure data or
6 information 31. Whenever in the Civil Administrative Code of
7 Illinois this Act power is vested in a department to inspect,
8 examine, or secure data or information, or to procure
9 assistance from another department, a duty is hereby imposed
10 upon the department upon which demand is made, to make that
11 such power effective.
12 (Source: Laws 1917, p. 2.)
13 (20 ILCS 5/5-665 new)
14 (was 20 ILCS 5/29) (from Ch. 127, par. 29)
15 Sec. 5-665. Contracts for fuel. 29. All supplies of fuel
16 except coal purchased for the departments shall be let by
17 contract to the lowest responsible bidder. Advertisements for
18 bids shall be published for at least 10 ten days in one or
19 more of the daily newspapers of general circulation published
20 in each of the 7 seven largest cities of the State,
21 determined by the then last preceding federal census. The
22 officer authorized by law to make contracts for fuel shall
23 prescribe rules and regulations to be observed in the
24 preparation, submission, and opening of bids. All contracts
25 for fuel shall be made subject to the approval of the
26 Governor.
27 The letting of contracts for coal shall be governed by
28 "An Act concerning the use of Illinois Mined Coal Act in
29 certain plants and institutions", filed July 13, 1937, as
30 amended.
31 (Source: P.A. 83-333.)
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1 (20 ILCS 5/5-670 new)
2 (was 20 ILCS 5/30) (from Ch. 127, par. 30)
3 Sec. 5-670. Maximum price for fuel. 30. Except as
4 otherwise provided with respect to the Board of Trustees of
5 the University of Illinois under Section 1a of "An Act to
6 provide for the organization and maintenance of the
7 University of Illinois Act", approved February 28, 1867, the
8 price paid for fuel shall not exceed the following:
9 For anthracite coal, $12 twelve dollars per ton.;
10 For Pennsylvania bituminous, Pocahontas and West
11 Virginia smokeless, eastern Kentucky and Ohio coals, all
12 of the bituminous type, $9 nine dollars per ton.;
13 For Illinois, Indiana, western Kentucky, Missouri
14 and Iowa coals, all of the bituminous type, $7 seven
15 dollars per ton.;
16 For any other coal of the bituminous type, $7 seven
17 dollars per ton.
18 (Source: P.A. 86-1189.)
19 (20 ILCS 5/5-675 new)
20 (was 20 ILCS 5/51) (from Ch. 127, par. 51)
21 Sec. 5-675. 51. Acquisition of land. The Secretary of
22 Transportation and the Director of Natural Resources are
23 respectively authorized, with the consent in writing of the
24 Governor, to acquire by private purchase, or by condemnation
25 in the manner provided for the exercise of the power of
26 eminent domain under Article VII of the Code of Civil
27 Procedure, any and all lands, buildings, and grounds for
28 which an appropriation may be made by the General Assembly,
29 to their respective departments. To the extent necessary to
30 comply with the federal "Uniform Relocation Assistance and
31 Real Property Acquisition Policies Act", Public Law 91-646,
32 as amended, the Department of Transportation and the
33 Department of Natural Resources, respectively, are authorized
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1 to operate a relocation program and to pay relocation costs.
2 The departments are authorized to exceed the maximum payment
3 limits of the federal "Uniform Relocation Assistance and Real
4 Property Acquisition Policies Act" when necessary to ensure
5 the provision of decent, safe, or sanitary housing, or to
6 secure a suitable relocation site.
7 The Director of Central Management Services is
8 authorized, with the consent in writing of the Governor, to
9 acquire by private purchase, or by condemnation in the manner
10 provided for the exercise of the power of eminent domain
11 under Article VII of the Code of Civil Procedure, all other
12 lands, buildings, and grounds for which an appropriation may
13 be made by the General Assembly. To the extent necessary to
14 comply with the federal "Uniform Relocation Assistance and
15 Real Property Acquisition Policies Act", Public Law 91-646,
16 as amended, the Department of Central Management Services is
17 authorized to operate a relocation program and to pay
18 relocation costs. The Department is authorized to exceed the
19 maximum payment limits of the federal "Uniform Relocation
20 Assistance and Real Property Acquisition Policies Act" when
21 necessary to ensure the provision of decent, safe, and
22 sanitary housing, or to secure a suitable relocation site.
23 The Department shall make or direct the payment of the such
24 relocation amounts from the funds available to acquire the
25 property.
26 (Source: P.A. 89-445, eff. 2-7-96.)
27 (20 ILCS 5/5-700 new)
28 (was 20 ILCS 5/32) (from Ch. 127, par. 32)
29 Sec. 5-700. Transfers of rights, powers, and duties. 32.
30 Whenever rights, powers, and duties vested in or exercised by
31 any officer, board, commission, institution, or department,
32 or any deputy, inspector, or subordinate officer of one of
33 those thereof, are, by the Civil Administrative Code of
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1 Illinois this Act, or by any amendments to the Code thereto,
2 transferred either in whole or in part, to or vested in a
3 department created by the Code this Act, or by any amendments
4 to the Code thereto, those such rights, powers, and duties
5 shall be vested in, and shall be exercised by the department
6 to which they the same are thereby transferred, and not
7 otherwise, and every act done in the exercise of those such
8 rights, powers, and duties shall have the same legal effect
9 as if done by the former officer, board, commission,
10 institution, or department, or any deputy, inspector, or
11 subordinate officer of any of those thereof.
12 Every person and corporation shall be subject to the same
13 obligations and duties and shall have the same rights,
14 arising from the exercise of those such rights, powers, and
15 duties as if those such rights, powers, and duties were
16 exercised by the officer, board, commission, department, or
17 institution, or deputy, inspector, or subordinate of any of
18 those thereof, designated in the respective laws that which
19 are to be administered by departments created by the Civil
20 Administrative Code of Illinois this Act or by any amendments
21 to the Code thereto. Every person and corporation shall be
22 subject to the same penalty or penalties, civil or criminal,
23 for failure to perform any such obligation or duty, or for
24 doing a prohibited act, as if the such obligation or duty
25 arose from, or the such act were prohibited in, the exercise
26 of the such right, power, or duty by the officer, board,
27 commission, department, or institution, or deputy, inspector,
28 or subordinate of any of those thereof, designated in the
29 respective laws that which are to be administered by
30 departments created by the Civil Administrative Code of
31 Illinois this Act or by any amendments to the Code thereto.
32 Every officer and employee shall, for any offense, be subject
33 to the same penalty or penalties, civil or criminal, as are
34 prescribed by existing law for the same offense by any
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1 officer or employee whose powers or duties devolved upon the
2 officer or employee him under the Code this Act or under by
3 any amendments to the Code thereto.
4 All books, records, papers, documents, property, real and
5 personal, unexpended appropriations, and pending business in
6 any way pertaining to the rights, powers, and duties so
7 transferred to or vested in a department created by the Civil
8 Administrative Code of Illinois this Act, or by any
9 amendments to the Code thereto, shall be delivered and
10 transferred to the department succeeding to those such
11 rights, powers, and duties.
12 (Source: Laws 1941, vol. 1, p. 1214.)
13 (20 ILCS 5/5-705 new)
14 (was 20 ILCS 5/33) (from Ch. 127, par. 33)
15 Sec. 5-705. Reports and notices after position or entity
16 abolished or duties transferred. 33. Whenever reports or
17 notices are now required to be made or given, or papers or
18 documents furnished or served by any person to or upon any
19 officer, board, commission, or institution, or any deputy,
20 inspector, or subordinate of any of those thereof, abolished
21 by the Civil Administrative Code of Illinois this Act, or by
22 any amendments to the Code thereto, or whose duties with
23 relation to the subject matter of those such reports,
24 notices, papers, or documents have, by the Code this Act, or
25 any amendments to the Code thereto, been transferred to
26 another department, division, office, board, or other agency
27 of the State government, the same shall be made, given,
28 furnished, or served in the same manner to or upon the
29 department, division, office, board, or other agency upon
30 which are devolved by the Code this Act or by any amendments
31 to the Code thereto the rights, powers, and duties now
32 exercised or discharged by the such officer, board,
33 commission, or institution, or the deputy, inspector, or
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1 subordinate of any of those, thereof and every penalty for
2 failure so to do shall continue in effect.
3 (Source: P.A. 77-153.)
4 (20 ILCS 110/Art. 10 heading new)
5 ARTICLE 10. DEPARTMENT ON AGING
6 (20 ILCS 110/10-1 new)
7 Sec. 10-1. Article short title. This Article 10 of the
8 Civil Administrative Code of Illinois may be cited as the
9 Department on Aging Law.
10 (20 ILCS 110/10-5 new)
11 (was 20 ILCS 110/69) (from Ch. 127, par. 63b15)
12 Sec. 10-5. 69. The Department on Aging; powers. The
13 Department on Aging shall exercise, administer, and enforce
14 all rights, powers, and duties vested in the Department on
15 Aging by the "Illinois Act on the Aging", enacted by the
16 Seventy-eighth General Assembly as amended.
17 (Source: P.A. 78-242.)
18 (20 ILCS 205/Art. 15 heading new)
19 ARTICLE 15. DEPARTMENT OF AGRICULTURE
20 (20 ILCS 205/15-1 new)
21 Sec. 15-1. Article short title. This Article 15 of the
22 Civil Administrative Code of Illinois may be cited as the
23 Department of Agriculture Law.
24 (20 ILCS 205/15-5 new)
25 Sec. 15-5. Definition. In this Law, "Department" means
26 the Department of Agriculture.
27 (20 ILCS 205/15-10 new)
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1 (was 20 ILCS 205/40) (from Ch. 127, par. 40)
2 Sec. 15-10. Powers, generally. 40. The Department of
3 Agriculture has the powers enumerated in the following
4 Sections 40.1 through 40.45.
5 (Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.)
6 (20 ILCS 205/15-15 new)
7 (was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars.
8 40.7 and 40.8)
9 Sec. 15-15. Encouragement and promotion of agricultural
10 interests. 40.7.
11 (a) The Department has the power to encourage and
12 promote, in every practicable manner, the interests of
13 agriculture, including horticulture, the livestock industry,
14 dairying, cheese making, poultry, bee keeping, forestry, the
15 production of wool, and all other allied industries. In
16 furtherance of the duties set forth in this subsection (a)
17 Section, the Department may establish trust funds and bank
18 accounts in adequately protected financial institutions to
19 receive and disburse monies in connection with the conduct of
20 food shows, food expositions, trade shows, and other
21 promotional activities, and to sell at cost, to qualified
22 applicants, signs designating farms that, which have been
23 owned for 100 years or more by lineal descendants of the same
24 family, as "Centennial Farms". The Department shall provide
25 applications for the such signs, which shall be submitted
26 with the required fee. "Centennial Farms" signs shall not
27 contain within their design, the name, picture, or other
28 likeness of any elected public official or any appointed
29 public official.
30 (b) The Department has the power Sec. 40.8. to promote
31 improved methods of conducting the these several industries
32 described in subsection (a) with a view to increasing the
33 production and facilitating facilitate the distribution
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1 thereof at the least cost.
2 (Source: Laws 1967, p. 4087; P.A. 80-625.)
3 (20 ILCS 205/15-20 new)
4 (was 20 ILCS 205/40.7a)
5 Sec. 15-20. 40.7a. State Fair promotion. The Department
6 has the power to encourage and promote agriculture and
7 related industries and activities associated with the
8 Illinois State Fair. The Department may establish State Fair
9 and treasury held funds to receive and disburse moneys in
10 connection with the conduct and promotion of activities held
11 at the Illinois State Fair.
12 (Source: P.A. 88-5.)
13 (20 ILCS 205/15-25 new)
14 (was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14)
15 Sec. 15-25. Institutes, societies, fairs, and exhibits.
16 The Department has the power 40.14. to assist, encourage, and
17 promote the organization of farmers' institutes,
18 horticultural and agricultural societies, the holding of
19 fairs, fat stock shows, or other exhibits of the products of
20 agriculture, and the breeding and racing of Illinois
21 conceived and foaled horses.
22 (Source: P.A. 84-295.)
23 (20 ILCS 205/15-30 new)
24 (was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9)
25 Sec. 15-30. Production and marketing statistics. The
26 Department has the power 40.9. to collect and publish
27 statistics relating to crop production and marketing and to,
28 the production of and marketing of beef, pork, poultry,
29 mutton, wool, butter, cheese, and other agricultural products
30 so far as that such statistical information may be of value
31 to the agricultural and allied interests of the State.
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1 (Source: Laws 1967, p. 4087.)
2 (20 ILCS 205/15-35 new)
3 (was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10)
4 Sec. 15-35. Market news and bulletins. The Department has
5 the power 40.10. to collect, analyze, and publish market news
6 and to establish such facilities and publish such bulletins
7 and news reports that as may be necessary and proper in order
8 to keep producers and handlers informed concerning supply,
9 demand, and other economic conditions affecting and related
10 to the sale of livestock and other agricultural products
11 produced in the State of Illinois.
12 (Source: P.A. 84-295.)
13 (20 ILCS 205/15-40 new)
14 (was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31)
15 Sec. 15-40. Export consulting service and standards.
16 40.31. The Department, of Agriculture in cooperation with the
17 Department of Commerce and Community Affairs and the
18 Agricultural Export Advisory Committee, shall (1) provide a
19 consulting service to those who desire to export farm
20 products, commodities, and supplies, and guide them in their
21 efforts to improve trade relations; (2) cooperate with
22 agencies and instrumentalities of the federal government to
23 develop export grade standards for farm products,
24 commodities, and supplies produced in Illinois and shall
25 adopt reasonable rules and regulations to ensure insure that
26 exports of those such products, commodities, and supplies,
27 comply with those such standards; (3) upon request and after
28 inspection of any such farm product, commodity, or supplies,
29 certify compliance or noncompliance with those such
30 standards; (4) provide an informational program to existing
31 and potential foreign importers of farm products,
32 commodities, and supplies; (5) qualify for U. S. Department
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1 of Agriculture matching funds for overseas promotion of farm
2 products, commodities, and supplies according to the federal
3 requirements regarding State expenditures that are eligible
4 for matching funds; and (6) provide a consulting service to
5 persons who desire to export processed or value-added
6 agricultural products, and assist those such persons in
7 ascertaining legal and regulatory restrictions and market
8 preferences that which affect the sale of value-added
9 agricultural products in foreign markets.
10 (Source: P.A. 83-445.)
11 (20 ILCS 205/15-45 new)
12 (was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
13 Sec. 15-45. "Illinois Grown" label program. The
14 Department has the power 40.36. to establish and administer
15 the "Illinois Grown" label program, whereby the Department
16 shall design and produce a label with the words "Illinois
17 Grown" on it which may be placed on each container of fresh
18 fruit, vegetables, meat, or other food commodity produced or
19 originating in Illinois.
20 (Source: P.A. 85-1209.)
21 (20 ILCS 205/15-50 new)
22 (was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40)
23 Sec. 15-50. Ginseng marketing program. The Department has
24 the power 40.40. to develop a ginseng marketing program for
25 domestic and international markets.
26 (Source: P.A. 87-121.)
27 (20 ILCS 205/15-55 new)
28 (was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27)
29 Sec. 15-55. Gasohol and other alcohol fuels promotion.
30 The Department has the power 40.27. to promote the use of
31 gasohol and other alcohol fuels and to promote the
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1 utilization of agricultural crops for the production of
2 alcohol fuels, particularly the use of by-products of such
3 crops without diminishing the primary utilization of such
4 crops.
5 (Source: P.A. 83-439.)
6 (20 ILCS 205/15-60 new)
7 (was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
8 Sec. 15-60. 40.35. Aquaculture. The Department has the
9 power to develop and implement a program to promote
10 aquaculture in this State pursuant to the Aquaculture
11 Development Act, to promulgate the necessary rules and
12 regulations, and to cooperate with and seek the assistance of
13 the Department of Natural Resources and the Department of
14 Transportation in the implementation and enforcement of that
15 Act.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 (20 ILCS 205/15-100 new)
18 (was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11)
19 Sec. 15-100. Trees and shrubs; insect pests and plant
20 diseases. The Department has the power 40.11. to encourage
21 the planting of trees and shrubs and the improvement of farm
22 homes generally and; to provide for the suppression and
23 control of insect pests and plant diseases.
24 (Source: P.A. 84-295.)
25 (20 ILCS 205/15-105 new)
26 (was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24)
27 Sec. 15-105. County soil surveys. 40.24. The Department
28 of Agriculture shall provide funds sufficient to pay 25% of
29 the cost of conducting county soil surveys conducted pursuant
30 to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code
31 of Federal Regulations.
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1 (Source: P.A. 81-1360.)
2 (20 ILCS 205/15-110 new)
3 (was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
4 Sec. 15-110. Forestry management; farmland preservation.
5 The Department has the power 40.28. to provide information
6 and assistance to farmland owners in this State regarding the
7 economic and soil and water conservation benefits that can be
8 attained through forestry management on marginal lands and;
9 to promote farmland preservation.
10 (Source: P.A. 84-295.)
11 (20 ILCS 205/15-115 new)
12 (was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38)
13 Sec. 15-115. Revegetation of post-mining land. The
14 Department has the power: 40.38. to develop data used in the
15 Agricultural Lands Productivity Formula that is used in
16 determining the success of revegetation of post-mining land
17 for row-crop agricultural purposes in accordance with the
18 Surface Coal Mining Land Conservation and Reclamation Act; to
19 cooperate with the Department of Natural Resources in
20 determining the success of the such cropland revegetation
21 under the Surface Coal Mining Land Conservation and
22 Reclamation Act; and to publish annually a Soil Master and
23 County Cropped Acreage Manual, which is data derived from and
24 used in the formula. The, but such manual is exempt from the
25 rule-making requirements of the Illinois Administrative
26 Procedure Act.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (20 ILCS 205/15-200 new)
29 (was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16)
30 Sec. 15-200. Animal welfare. The Department has the power
31 40.16. to execute and administer acts and rules relating to
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1 animal welfare.
2 (Source: P.A. 84-295.)
3 (20 ILCS 205/15-205 new)
4 (was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13)
5 Sec. 15-205. Contagious and infectious diseases among
6 domestic animals. The Department has the power 40.13. to
7 inquire into the causes of contagious, infectious, and
8 communicable diseases among domestic animals, and the means
9 for the prevention and cure of those such diseases.
10 (Source: Laws 1967, p. 4087.)
11 (20 ILCS 205/15-300 new)
12 (was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4)
13 Sec. 15-300. Inspection of apiaries. The Department has
14 the power 40.4. to exercise the rights, powers, and duties
15 vested by law in the State inspector of apiaries and the
16 inspector's, his assistants and employees.
17 (Source: Laws 1967, p. 4087.)
18 (20 ILCS 205/15-305 new)
19 (was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12)
20 Sec. 15-305. Veterinary biologics. The Department has the
21 power 40.12. to approve the use of licensed veterinary
22 biologics in the State and approve field trials of veterinary
23 biologics in accordance with the standards provided for in
24 the Code of Federal Regulations, Title 9, Subpart E.
25 (Source: P.A. 88-91; 88-457.)
26 (20 ILCS 205/15-310 new)
27 (was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33)
28 Sec. 15-310. Laboratory services. The Department has the
29 power 40.33. to provide laboratory services for the diagnosis
30 of animal diseases and, for the analysis of feeds,
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1 fertilizers, seeds, and pesticides, and to perform related
2 laboratory services.
3 (Source: P.A. 84-295.)
4 (20 ILCS 205/15-315 new)
5 (was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17)
6 Sec. 15-315. Warehouses; buying and selling grain. The
7 Department has the power 40.17. to exercise the rights,
8 powers, and duties vested by law in the Department in
9 regulating grain warehouses, personal property warehouses,
10 and persons engaged in the business of buying and selling
11 grain.
12 (Source: P.A. 84-295.)
13 (20 ILCS 205/15-320 new)
14 (was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18)
15 Sec. 15-320. Weights and measures. The Department has the
16 power 40.18. to execute and administer all laws and
17 regulations, now or hereafter enacted, relating to weights
18 and measures.
19 (Source: Laws 1967, p. 4087.)
20 (20 ILCS 205/15-325 new)
21 (was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19)
22 Sec. 15-325. Commodities; standards and quality. The
23 Department has the power 40.19. to execute and administer all
24 laws and regulations, now or hereafter enacted, relating to
25 standards and quality of and for commodities.
26 (Source: Laws 1967, p. 4087.)
27 (20 ILCS 205/15-330 new)
28 (was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32)
29 Sec. 15-330. Meat and poultry. The Department has the
30 power 40.32. to execute and administer the laws and rules
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1 pertaining to the slaughter, processing, and sale of meat and
2 poultry and products thereof.
3 (Source: P.A. 84-295.)
4 (20 ILCS 205/15-335 new)
5 (was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21)
6 Sec. 15-335. Pesticides. The Department has the power
7 40.21. to execute and administer laws and regulations
8 relating to the distribution, sale, use, and registration of
9 pesticides and the regulation and certification of persons
10 applying pesticides and pesticide dealers.
11 (Source: P.A. 84-295.)
12 (20 ILCS 205/15-340 new)
13 (was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39)
14 Sec. 15-340. Pesticide contamination at agrichemical
15 facilities. 40.39. In accordance with constitutional
16 limitations, and to the extent necessary to carry out the
17 Department's powers and duties under paragraph 8 of Section
18 19 of the Illinois Pesticide Control Act, the Department has
19 the power to enter at all reasonable times upon any private
20 or public property.
21 (Source: P.A. 86-1172.)
22 (20 ILCS 205/15-345 new)
23 (was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6)
24 Sec. 15-345. Fertilizers. The Department has the power
25 40.6. to execute and administer the Acts and rules regulating
26 the manufacture, sale, and distribution of fertilizers.
27 (Source: P.A. 84-295.)
28 (20 ILCS 205/15-350 new)
29 (was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25)
30 Sec. 15-350. Fuel sold as gasohol; penalty. The
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1 Department has the power 40.25. to test fuel that which is
2 sold as gasohol, or is claimed to be gasohol under the Use
3 Tax Act, the Service Occupation Tax Act, or the Retailers'
4 Occupation Tax Act in order, to determine whether the fuel
5 contains at least 10% alcohol.
6 Any person who knowingly sells or represents as gasohol
7 any fuel that which does not qualify as gasohol under any of
8 the above named Acts is guilty of a business offense and
9 shall be fined not more than $100 for each day that the such
10 sale or representation takes place after notification from
11 the Department that the fuel in question does not qualify as
12 gasohol.
13 (Source: P.A. 82-702.)
14 (20 ILCS 205/15-355 new)
15 (was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26)
16 Sec. 15-355. Motor fuel alcohol; water test. The
17 Department has the power 40.26. to test alcohol to be used as
18 a motor fuel component to ensure that insure it contains no
19 more than 1.25% water by weight.
20 (Source: P.A. 82-702.)
21 (20 ILCS 205/15-400 new)
22 (was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20)
23 Sec. 15-400. Transfer of realty; acquisition of federal
24 lands. The Department has the power 40.20. to transfer
25 jurisdiction of any realty under the control of the
26 Department to any other department of the State government,
27 or to acquire or accept federal lands, when the such
28 transfer, acquisition, or acceptance is advantageous to the
29 State and is approved in writing by the Governor.
30 (Source: Laws 1967, p. 4087.)
31 (20 ILCS 205/15-405 new)
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1 (was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22)
2 Sec. 15-405. State Fairgrounds property. The Department
3 has the power 40.22. to be the custodian of buildings,
4 structures, and property located on the State Fairgrounds,
5 and to maintain those buildings and structures and that
6 property the same.
7 (Source: P.A. 81-853.)
8 (20 ILCS 205/15-410 new)
9 (was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23)
10 Sec. 15-410. Surety bonds; trust funds and accounts; bank
11 accounts.
12 (a) In this Section:
13 "Claimant" means a person who is unable to secure
14 satisfaction of financial obligations due from a person
15 subject to regulation by the Department, in accordance with
16 the applicable statute or regulation and the time limits
17 provided for in that statute or regulation, if any, under any
18 of the following Acts:
19 (1) The Illinois Egg and Egg Products Act.
20 (2) The Personal Property Storage Act.
21 (3) The Livestock Auction Market Law.
22 (4) The Illinois Pesticide Act.
23 (5) The Weights and Measures Act.
24 (6) The Illinois Livestock Dealer Licensing Act.
25 (7) The Slaughter Livestock Buyers Act.
26 (8) The Illinois Feeder Swine Dealer Licensing Act.
27 "Failure" under the Acts cited in the definition of
28 "claimant" contained in this Section means any of the
29 following:
30 (1) An inability to financially satisfy claimants
31 in accordance with the applicable statute or regulation
32 and the time limits provided for in that statute or
33 regulation, if any.
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1 (2) A public declaration of insolvency.
2 (3) A revocation of a license and the leaving of an
3 outstanding indebtedness to claimants.
4 (4) A failure to pay claimants in the ordinary
5 course of business and when a bonafide dispute does not
6 exist between the licensee and the customer.
7 (5) A failure to apply for renewal of a license.
8 (6) A denial of a request for renewal of a license.
9 (7) A voluntary surrendering of a license.
10 (b) The Department has the power 40.23. to control
11 surety bonds and trust funds and to establish trust accounts
12 and bank accounts in adequately protected financial
13 institutions, to hold monies received by the Director of
14 Agriculture when acting as trustee, to protect the assets of
15 licensees for the benefit of claimants, to accept security
16 from licensees to collateralize licensees' financial
17 deficiencies (and that such security shall be secondary to
18 surety bonds in the collection process), to accept collateral
19 and security in lieu of or in addition to a commercial surety
20 bond, and to collect and disburse the proceeds of those such
21 bonds and trust funds when acting as trustee on behalf of
22 claimants without responsibility for the management and
23 operation of discontinued or insolvent businesses, those such
24 funds, or additions to those funds thereto in which the State
25 of Illinois has no right, title, or interest.
26 (c) The Department shall promulgate and file procedural
27 rules and regulations to be followed concerning the
28 establishment and segregation of trust accounts and bank
29 accounts and the holding of administrative hearings to
30 identify and verify claimants and claim amounts, to claim and
31 collect the proceeds of surety bonds and other assets, and to
32 distribute monies in trust funds and bank accounts to
33 claimants. The trustee shall maintain and retain records and
34 make available for audit or review by any person, firm,
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1 corporation, or government entity the such trust accounts and
2 bank accounts, check registers, cancelled claimants' checks,
3 and records accumulated and used by the Department to
4 ascertain the claimants and claims against surety bonds or
5 trust funds.
6 Definitions of terms as used in this Section:
7 "Claimant" means a person who is unable to secure
8 satisfaction of financial obligations due from a person
9 subject to regulation by the Department, in accordance with
10 applicable statute or regulation and the time limits provided
11 for therein, if any, under any of the following Acts:
12 (a) Illinois Egg and Egg Products Act;
13 (b) Personal Property Storage Act;
14 (c) (Blank);
15 (d) Livestock Auction Market Law;
16 (e) Illinois Pesticide Act;
17 (f) Weights and Measures Act;
18 (g) Illinois Livestock Dealer Licensing Act;
19 (h) Slaughter Livestock Buyers Act;
20 (i) (Blank); or
21 (j) Illinois Feeder Swine Dealer Licensing Act.
22 "Failure" under the Acts cited in the definition of
23 "claimant" contained in this Section means:
24 (a) An inability to financially satisfy claimants in
25 accordance with applicable statute or regulation and the time
26 limits provided for therein, if any;
27 (b) A public declaration of insolvency;
28 (c) A revocation of license and leaving outstanding
29 indebtedness to claimants;
30 (d) A failure to pay claimants in the ordinary course of
31 business and where a bonafide dispute does not exist between
32 and customer;
33 (e) A failure to apply for license renewal;
34 (f) A denial of license renewal; or
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1 (g) A voluntary surrendering of a license.
2 (d) The Department may use monies in the trust accounts
3 that are established to hold monies received in trust for
4 disbursement to claimants for the benefit of claimants and
5 for paying expenses incurred in pursuing those such assets.
6 (Source: P.A. 89-287, eff. 1-1-96.)
7 (20 ILCS 205/15-415 new)
8 (was 20 ILCS 205/40.42)
9 Sec. 15-415. 40.42. State Cooperative Extension Service
10 Trust Fund. The Department of Agriculture shall deposit into
11 the State Cooperative Extension Service Trust Fund, a trust
12 fund created outside the State treasury and held by the State
13 Treasurer as custodian, all funds appropriated to the
14 Department as matching funds to support cooperative extension
15 programs as provided in the County Cooperative Extension Law.
16 At the direction of the Treasurer of the University of
17 Illinois, the Director of Agriculture shall direct the State
18 Treasurer and the State Comptroller to transfer the trust
19 funds to the University of Illinois as provided under Section
20 8(d) of the County Cooperative Extension Law. The Department
21 shall not have responsibility for or control over the
22 cooperative extension service or its programs because of this
23 trust fund.
24 (Source: P.A. 89-691.)
25 (20 ILCS 205/15-420 new)
26 (was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15)
27 Sec. 15-420. Appropriations for county fairs and farmers'
28 institutes. The Department has the power 40.15. to
29 investigate and ascertain that moneys appropriated for county
30 fairs and farmers' institutes are faithfully applied to the
31 purposes authorized by law.
32 (Source: Laws 1967, p. 4087.)
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1 (20 ILCS 205/15-425 new)
2 (was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37)
3 Sec. 15-425. Criminal history record information from
4 Department of State Police. 40.37. Whenever the Department of
5 Agriculture is authorized or required by law to consider some
6 aspect of criminal history record information for the purpose
7 of carrying out its statutory powers and responsibilities,
8 then, upon request and payment of fees in conformance with
9 the requirements of subsection 22 of Section 100-400 55a of
10 "the Department of State Police Law (20 ILCS 2605/100-400)
11 Civil Administrative Code of Illinois", the Department of
12 State Police is authorized to furnish, pursuant to positive
13 identification, the such information contained in State files
14 that as is necessary to fulfill the request.
15 (Source: P.A. 86-610.)
16 (20 ILCS 205/15-430 new)
17 (was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34)
18 Sec. 15-430. Cooperation with U.S. Department of
19 Agriculture. The Department has the power 40.34. to cooperate
20 with and enter into agreements with the United States
21 Department of Agriculture and with others in carrying out the
22 powers and duties vested in the Department and to adopt
23 guidelines, by reference, issued by federal agencies in
24 carrying out its powers and duties.
25 (Source: P.A. 84-295.)
26 (20 ILCS 310/Art. 20 heading new)
27 ARTICLE 20. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
28 DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
29 (20 ILCS 310/20-1 new)
30 Sec. 20-1. Article short title. This Article 20 of the
31 Civil Administrative Code of Illinois may be cited as the
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1 Department of Human Services (Alcoholism and Substance Abuse)
2 Law.
3 (20 ILCS 310/20-5 new)
4 (was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29)
5 Sec. 20-5. Powers under certain Acts. 9.29. The
6 Department of Human Services, as successor to the Department
7 of Alcoholism and Substance Abuse, shall exercise,
8 administer, and enforce all rights, powers, and duties
9 formerly vested in the Department of Mental Health and
10 Developmental Disabilities by the following named Acts or
11 Sections of those Acts as they pertain to the provision of
12 alcoholism services service and the Dangerous Drugs
13 Commission by the following named Acts or Sections thereof:
14 (1) 1. The "Cannabis Control Act", approved August
15 16, 1971, as amended.
16 (2) 2. The "Illinois Controlled Substances Act",
17 approved August 16, 1971, as amended.
18 (3) 3. The "Community Mental Health Act", approved
19 June 26, 1963, as amended.
20 (4) 4. The "Community Services Act", approved
21 August 13, 1981, as amended.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 (20 ILCS 405/Art. 25 heading new)
24 ARTICLE 25. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
25 (20 ILCS 405/25-1 new)
26 Sec. 25-1. Article short title. This Article 25 of the
27 Civil Administrative Code of Illinois may be cited as the
28 Department of Central Management Services Law.
29 (20 ILCS 405/25-5 new)
30 (was 20 ILCS 405/35.2) (from Ch. 127, par. 35.2)
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1 Sec. 25-5. Definitions.
2 (a) In this Law 35.2. As used in sections 35.3 through
3 35.9 of this Act:
4 (a) "Department" means the Department of Central
5 Management Services.
6 (b) "Director" means the Director of Central Management
7 Services.
8 (b) In paragraphs (1) and (2) of Section 25-10 and in
9 Section 25-15, (c) "State agency", whether used in the
10 singular or plural, means all departments, officers,
11 commissions, boards, institutions, and bodies politic and
12 corporate of the State, including the offices of clerk of the
13 supreme court and clerks of the appellate courts. The term
14 does; except, it shall not mean the several courts of the
15 State, nor does it mean the legislature or, its committees or
16 commissions.
17 (Source: P.A. 82-789.)
18 (20 ILCS 405/25-10 new)
19 (was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3)
20 Sec. 25-10. Director's duties; State policy. 35.3. It
21 shall be the duty of the Director and the policy of the State
22 of Illinois to do the following:
23 (1) (a) Place financial responsibility on State
24 agencies (as defined in subsection (b) of Section 25-5)
25 and to hold them accountable for the proper discharge of
26 this responsibility.
27 (2) (b) Require professional, accurate, and current
28 accounting with the State agencies (as defined in
29 subsection (b) of Section 25-5).
30 (3) (c) Decentralize fiscal, procedural, and
31 administrative operations to expedite the business of the
32 State and to avoid expense, unwieldiness, inefficiency,
33 and unnecessary duplication where decentralization is
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1 consistent with proper fiscal management.
2 (4) (d) Manage or delegate the management of the
3 procurement, retention, installation, maintenance, and
4 operation of all electronic data processing equipment
5 used by State agencies as defined in Section 25-20 35.7
6 of this Act, so as to achieve maximum economy consistent
7 with development of adequate and timely information in a
8 form suitable for management analysis, in a manner that
9 provides for adequate security protection and back-up
10 facilities for that such equipment, the establishment of
11 bonding requirements, and a code of conduct for all
12 electronic data processing personnel to ensure insure the
13 privacy of electronic data processing information as
14 provided by law.
15 (Source: P.A. 80-57.)
16 (20 ILCS 405/25-15 new)
17 (was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4)
18 Sec. 25-15. Audits. 35.4. The Department, when so
19 requested by the Governor or the chief executive officer of a
20 State agency, may perform internal audits, and procedural
21 audits and in performing these responsibilities, the
22 Department may examine the accounts of any organization,
23 body, or agency receiving appropriations from the General
24 Assembly, including all grantees and sub-grantees of grantor
25 State agencies included within the scope of the audit. For
26 purposes of this Section, "State agency" is defined as in
27 subsection (b) of Section 25-5.
28 (Source: P.A. 87-817.)
29 (20 ILCS 405/25-20 new)
30 (was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7)
31 Sec. 25-20. Fiscal policy information to Governor;
32 statistical research planning. 35.7.
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1 (a) The Department shall be responsible for providing
2 the Governor with timely, comprehensive, and meaningful
3 information pertinent to the formulation and execution of
4 fiscal policy. In performing this responsibility the
5 Department shall have the power and duty to do the following:
6 (1) (a) Control the procurement, retention,
7 installation, maintenance, and operation, as specified by
8 the Director, of electronic data processing equipment
9 used by State agencies in such a manner as to achieve
10 maximum economy and provide adequate assistance in the
11 development of information suitable for management
12 analysis.;
13 (2) (b) Establish principles and standards of
14 statistical reporting by State agencies and priorities
15 for completion of research by those such agencies in
16 accordance with the requirements for management analysis
17 as specified by the Director.;
18 (3) (c) Establish, through the Director, charges
19 for statistical services requested by State agencies and
20 rendered by the Department of Central Management
21 Services. The Such State agencies so charged shall
22 reimburse the Department of Central Management Services
23 by vouchers drawn against their respective appropriations
24 for electronic data processing. The Department is
25 likewise empowered through the Director to establish
26 prices or charges for all statistical reports purchased
27 by agencies and individuals not connected with State
28 government.;
29 (4) (d) Instruct all State agencies as the Director
30 may require to report regularly to the Department, in the
31 such manner as the Director may prescribe,: their usage
32 of electronic information devices, the cost incurred, the
33 information produced, and the procedures followed in
34 obtaining the said information. All State such agencies
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1 shall request of the Director of Central Management
2 Services any statistical services requiring the use of
3 electronic devices and shall conform to the priorities
4 assigned by the Director in using those such electronic
5 devices.;
6 (5) (e) Examine the accounts and statistical data
7 of any organization, body, or agency receiving
8 appropriations from the General Assembly.;
9 (6) (f) Install and operate a modern information
10 system utilizing equipment adequate to satisfy the
11 requirements for analysis and review as specified by the
12 Director. Expenditures for statistical services rendered
13 shall be reimbursed by the recipients. The Such
14 reimbursement shall be determined by the Director of
15 Central Management Services as amounts sufficient to
16 reimburse the Statistical Services Revolving Fund for
17 expenditures incurred in rendering the such services.
18 (b) In addition to the other powers and duties listed in
19 this Section, the Department shall analyze the present and
20 future aims, needs, and requirements of statistical research
21 and planning in order, to provide for the formulation of
22 overall policy relative to the use of electronic data
23 processing equipment by the State of Illinois. In making this
24 analysis, the Department under the Director shall formulate a
25 master plan for statistical research, utilizing electronic
26 equipment most advantageously, and advising whether
27 electronic data processing equipment should be leased or
28 purchased by the State. The Department under the Director
29 shall prepare and submit interim reports of meaningful
30 developments and proposals for legislation to the Governor on
31 or before January 30 each year. The Department under the
32 Director shall engage in a continuing analysis and evaluation
33 of the master plan so developed, and it shall be the
34 responsibility of the Department to recommend from time to
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1 time any needed amendments and modifications of any master
2 plan enacted by the General Assembly.
3 (c) For the purposes of this Section, Section 25-245,
4 and paragraph (4) of Section 25-10 only, "State agencies"
5 means all departments, boards, commissions, and agencies of
6 the State of Illinois subject to the Governor.
7 (Source: P.A. 82-789.)
8 (20 ILCS 405/25-25 new)
9 (was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34)
10 Sec. 25-25. Moneys made available by public or private
11 entities. 67.34. The Department may apply for, receive,
12 expend, allocate, or disburse funds and moneys made available
13 by public or private entities, including, but not limited to,
14 contracts, private or public financial gifts, bequests,
15 grants, or donations from individuals, corporations,
16 foundations, or public or private institutions of higher
17 learning. All funds received by the Department from these
18 sources shall be deposited into the State treasury into a
19 State trust fund to be held by the State Treasurer as ex
20 officio custodian and subject to the Comptroller --
21 Treasurer, voucher -- warrant system. The funds shall be
22 expended by the Department for purposes as indicated by the
23 grantor, donor, or, in the case of funds or moneys given or
24 donated for no specific purpose, for any purpose deemed
25 appropriate by the Director in administering the
26 responsibilities of the agency as set forth in the Personnel
27 Code.
28 (Source: P.A. 87-888.)
29 (20 ILCS 405/25-30 new)
30 (was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20)
31 Sec. 25-30. Administrative Procedure Act applies. 67.20.
32 The provisions of "the Illinois Administrative Procedure
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1 Act", as now or hereafter amended, are hereby expressly
2 adopted and incorporated herein as though a part of this Law
3 Act, and shall apply to all administrative rules and
4 procedures of the Department of Central Management Services.
5 (Source: P.A. 82-789.)
6 (20 ILCS 405/25-100 new)
7 (was 20 ILCS 405/64) (from Ch. 127, par. 63b3)
8 Sec. 25-100. Administration of the Personnel Code. 64.
9 The Department of Central Management Services shall have
10 power to administer the "Personnel Code" enacted by the 69th
11 General Assembly.
12 (Source: P.A. 82-789.)
13 (20 ILCS 405/25-105 new)
14 (was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4)
15 Sec. 25-105. Fidelity, surety, property, and casualty
16 insurance. 64.1. The Department of Central Management
17 Services shall establish and implement a program to
18 coordinate the handling of all fidelity, surety, property,
19 and casualty insurance exposures, of the State and the
20 departments, divisions, agencies, branches, and universities
21 of the State. In performing this responsibility, the
22 Department shall have the power and duty to do the following:
23 (1) (a) Develop and maintain loss and exposure data on
24 all State property.
25 (2) (b) Study the feasibility of establishing a
26 self-insurance plan for State property and prepare estimates
27 of the costs of reinsurance for risks beyond the realistic
28 limits of the self-insurance.
29 (3) (c) Prepare a plan for centralizing the purchase of
30 property and casualty insurance on State property under a
31 master policy or policies, and to purchase the insurance
32 contracted for as provided in the Illinois Purchasing Act.
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1 (4) (d) Evaluate existing provisions for fidelity bonds
2 required of State employees and recommend such changes that
3 as are appropriate commensurate with risk experience and the
4 determinations respecting self-insurance or reinsurance so as
5 to permit reduction of costs without loss of coverage.
6 (5) (e) Investigate procedures for inclusion of school
7 districts, public community junior college districts, and
8 other units of local government in programs for the
9 centralized purchase of insurance.
10 (6) (f) Implement such recommendations of the State
11 Property Insurance Study Commission that as the Department
12 finds necessary or desirable in the performance of its powers
13 and duties under this Section to achieve efficient and
14 comprehensive risk management.
15 (7) (g) Prepare and, in the discretion of the Director
16 of Central Management Services, implement a plan providing
17 for the purchase of public liability insurance or for
18 self-insurance for public liability or for a combination of
19 purchased insurance and self-insurance for public liability
20 (i) (1) covering the State and drivers of motor vehicles
21 owned, leased, or controlled by the State of Illinois
22 pursuant to the provisions and limitations contained in the
23 Illinois Vehicle Code, (ii) (2) covering other public
24 liability exposures of the State and its employees within the
25 scope of their employment, and (iii) (3) covering drivers of
26 motor vehicles not owned, leased, or controlled by the State
27 but used by a State employee on State business, in excess of
28 liability covered by an insurance policy obtained by the
29 owner of the motor vehicle or in excess of the such dollar
30 amounts that as the Department shall determine to be
31 reasonable. Any contract of insurance let under this Law Act
32 shall be by bid in accordance with the procedure set forth in
33 the Illinois Purchasing Act. Any provisions for
34 self-insurance shall conform to subdivision (11) subsection
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1 (k).
2 The term "employee" as used in this subdivision (7) and
3 in subdivision (11) subsections (g) and (k) means a person
4 while in the employ of the State who is a member of the staff
5 or personnel of a State agency, bureau, board, commission,
6 committee, department, university, or college or who is a
7 State officer, elected official, commissioner, member of or
8 ex officio member of a State agency, bureau, board,
9 commission, committee, department, university, or college, or
10 a member of the National Guard while on active duty pursuant
11 to orders of the Governor of the State of Illinois, or any
12 other person while using a licensed motor vehicle owned,
13 leased, or controlled by the State of Illinois with the
14 authorization of the State of Illinois, provided the actual
15 use of the motor vehicle thereof is within the scope of that
16 such authorization and within the course of State service.
17 Subsequent to payment of a claim on behalf of an employee
18 pursuant to this Section and after reasonable advance written
19 notice to the employee, the Director may exclude the employee
20 from future coverage or limit the such coverage under the
21 plan if (i) (1) the Director determines that the claim
22 resulted from an incident in which the employee was grossly
23 negligent or had engaged in willful and wanton misconduct; or
24 (ii) (2) the Director determines that the employee is no
25 longer an acceptable risk based on a review of prior
26 accidents in which the employee was at fault and for which
27 payments were made pursuant to this Section.
28 The Director is authorized to promulgate such
29 administrative rules that as may be necessary to establish
30 and administer the plan.
31 Appropriations from the Road Fund shall be used to pay
32 auto liability claims and related expenses involving
33 employees of the Department of Transportation, the Illinois
34 State Police, and the Secretary of State.
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1 (8) (h) Charge, collect, and receive from all other
2 agencies of the State government fees or monies equivalent to
3 the cost of purchasing the insurance.
4 (9) (i) (1) Establish, through the Director, charges for
5 risk management services rendered to State agencies by the
6 Department of Central Management Services. The State agencies
7 so charged shall reimburse the Department of Central
8 Management Services by vouchers drawn against their
9 respective appropriations. The reimbursement shall be
10 determined by the Director of Central Management Services as
11 amounts sufficient to reimburse the Department for
12 expenditures incurred in rendering the service.
13 (2) The Department of Central Management Services shall
14 charge the employing State agency or university for workers'
15 compensation payments for temporary total disability paid to
16 any employee after the employee has received temporary total
17 disability payments for 120 days if the employee's treating
18 physician has issued a release to return to work with
19 restrictions and the employee is able to perform modified
20 duty work but the employing State agency or university does
21 not return the employee to work at modified duty. Modified
22 duty shall be duties assigned that may or may not be
23 delineated as part of the duties regularly performed by the
24 employee. Modified duties shall be assigned within the
25 prescribed restrictions established by the treating physician
26 and the physician who performed the independent medical
27 examination. The amount of all reimbursements shall be
28 deposited into the Workers' Compensation Revolving Fund which
29 is hereby created as a special fund in the State treasury.
30 Moneys in the Fund shall be used, subject to appropriation,
31 to pay these or other temporary total disability claims of
32 employees of State agencies and universities.
33 (3) Beginning with fiscal year 1996, all amounts
34 recovered by the Department through subrogation in workers'
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1 compensation and workers' occupational disease cases shall be
2 deposited into the Workers' Compensation Revolving Fund
3 created under this subdivision (9) (i)(2).
4 (10) (j) Establish rules, procedures, and forms to be
5 used by State agencies in the administration and payment of
6 workers' compensation claims. The Department shall initially
7 evaluate and determine the compensability of any injury that
8 which is the subject of a workers' compensation claim and
9 provide for the administration and payment of such a claim
10 for all State agencies. The Director may delegate to any
11 agency with the agreement of the agency head the
12 responsibility for evaluation, administration, and payment of
13 that agency's claims.
14 (11) (k) Any plan for public liability self-insurance
15 implemented under this Section shall provide that (i) (1) the
16 Department of Central Management Services shall attempt to
17 settle and may settle any public liability claim filed
18 against the State of Illinois or any public liability claim
19 filed against a State employee on the basis of an occurrence
20 in the course of the employee's his State employment; (ii)
21 (2) any settlement of such a claim must be approved by the
22 Director of Central Management Services and, in cases of
23 settlements exceeding $100,000, by the Governor; and (iii)
24 (3) a settlement of any public liability claim against the
25 State or a State employee shall require an unqualified
26 release of any right of action against the State and the
27 employee for acts within the scope of the employee's
28 employment giving rise to the claim.
29 Whenever and to the extent that a State employee operates
30 a motor vehicle or engages in other activity covered by
31 self-insurance under this Section, the State of Illinois
32 shall defend, indemnify, and hold harmless the employee
33 against any claim in tort filed against the employee for acts
34 or omissions within the scope of the employee's his
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1 employment in any proper judicial forum and not settled
2 pursuant to this subdivision (11) subsection, provided that
3 this obligation of the State of Illinois shall not exceed a
4 maximum liability of $2,000,000 for any single occurrence in
5 connection with the operation of a motor vehicle or $100,000
6 per person per occurrence for any other single occurrence, or
7 $500,000 for any single occurrence in connection with the
8 provision of medical care by a licensed physician employee.
9 Any claims against the State of Illinois under a
10 self-insurance plan that which are not settled pursuant to
11 this subdivision (11) subsection shall be heard and
12 determined by the Court of Claims, and may not be filed or
13 adjudicated in any other forum. The Attorney General of the
14 State of Illinois or the Attorney General's his designee
15 shall be the attorney with respect to all public liability
16 self-insurance claims that which are not settled pursuant to
17 this subdivision (11) subsection and therefore result in
18 litigation. The payment of any award of the Court of Claims
19 entered against the State relating to any public liability
20 self-insurance claim shall act as a release against any State
21 employee involved in the occurrence.
22 (12) (l) Administer a plan the purpose of which is to
23 make payments on final settlements or final judgments in
24 accordance with the State Employee Indemnification Act. The
25 plan shall be funded through appropriations from the General
26 Revenue Fund specifically designated for that purpose, except
27 that indemnification expenses for employees of the Department
28 of Transportation, the Illinois State Police, and the
29 Secretary of State shall be paid from the Road Fund. The
30 term "employee" as used in this subdivision (12) has
31 subsection shall have the same meaning as under subsection
32 (b) of Section 1 of the State Employee Indemnification Act.
33 Subject to sufficient appropriation, the Director of Central
34 Management Services shall approve payment of any claim
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1 presented to the Director him that is supported by a final
2 settlement or final judgment when the Attorney General and
3 the chief officer of the public body against whose employee
4 the claim or cause of action is asserted certify to the
5 Director him that the claim is in accordance with the State
6 Employee Indemnification Act, and that they approve of the
7 payment. In no event shall an amount in excess of $150,000
8 be paid from this plan to or for the benefit of any claimant.
9 (13) (m) Administer a plan the purpose of which is to
10 make payments on final settlements or final judgments for
11 employee wage claims in situations where there was an
12 appropriation relevant to the wage claim, and the fiscal year
13 and lapse period have expired, and that sufficient funds were
14 available to pay the such claim. The plan shall be funded
15 through appropriations from the General Revenue Fund
16 specifically designated for that purpose.
17 Subject to sufficient appropriation, the Director of
18 Central Management Services is authorized to pay any wage
19 claim presented to the Director him that is supported by a
20 final settlement or final judgment when the chief officer of
21 the State agency employing the claimant certifies to the
22 Director him that the claim is a valid wage claim and that
23 the fiscal year and lapse period have expired. Payment for
24 claims that are properly submitted and certified as valid by
25 the Director of Central Management Services shall include
26 interest accrued at the rate of 7% per annum from the
27 forty-fifth day after the claims are received by the
28 Department of Central Management Services or 45 days from the
29 date on which the amount of payment is agreed upon, whichever
30 is later, until the date the claims are submitted to the
31 Comptroller for payment. When the Attorney General has filed
32 an appearance in any proceeding concerning a wage claim
33 settlement or judgment, the Attorney General shall certify to
34 the Director of Central Management Services that the wage
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1 claim is valid before any payment is made. In no event shall
2 an amount in excess of $150,000 be paid from this plan to or
3 for the benefit of any claimant.
4 Nothing in Public Act 84-961 this Amendatory Act of 1985
5 shall be construed to affect in any manner the jurisdiction
6 of the Court of Claims concerning wage claims made against
7 the State of Illinois.
8 (14) (n) Prepare and, in the discretion of the Director
9 of Central Management Services, implement a program for
10 self-insurance for official fidelity and surety bonds for
11 officers and employees as authorized by the Official Bond
12 Act.
13 (Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95;
14 revised 9-20-95; 89-626, eff. 8-9-96.)
15 (20 ILCS 405/25-110 new)
16 (was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5)
17 Sec. 25-110. Federal tax-exempt benefits in lieu of
18 salary or wages. 64.2.
19 (a) The Department of Central Management Services may, at
20 the Director's discretion, establish and implement or approve
21 plans whereby State employees and officers, including those
22 of State universities and colleges, may enter into agreements
23 with their employer to elect to receive, in lieu of salary or
24 wages, benefits that which are not taxable under the federal
25 Internal Revenue Code. These Such agreements may include the
26 acceptance of a reduction in earnings or the foregoing of an
27 increase in earnings by an employee and the employer's
28 payment of those such amounts as employer contributions for
29 benefits that which the employee selects from a list of
30 employee benefits offered by the employer.
31 (b) Prior to the establishment of such a plan, the
32 Director shall seek the advice of interested State agencies
33 regarding the content and implementation of the plan.
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1 (c) Selection of plan offerings shall not be subject to
2 the Illinois Purchasing Act.
3 (d) Benefits selected by employees shall be included in
4 gross income for determination of pension base.
5 (Source: P.A. 84-167.)
6 (20 ILCS 405/25-115 new)
7 (was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6)
8 Sec. 25-115. State agency employees child care services.
9 64.3. The Department of Central Management Services shall
10 administer the "State Agency Employees Child Care Services
11 Act", enacted by the 84th General Assembly.
12 (Source: P.A. 84-1308.)
13 (20 ILCS 405/25-120 new)
14 (was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29)
15 Sec. 25-120. Hispanic and bilingual employees. 67.29.
16 The Department shall develop and implement plans to increase
17 the number of Hispanics employed by State government and the
18 number of bilingual persons employed in State government at
19 supervisory, technical, professional, and managerial levels.
20 (Source: P.A. 85-301.)
21 (20 ILCS 405/25-125 new)
22 (was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31)
23 Sec. 25-125. State agency affirmative action and equal
24 employment opportunity goals. 67.31. The Department shall
25 assist State agencies required to establish preparation and
26 promotion training programs under subsection (H) of Section
27 7-105 of the Illinois Human Rights Act for failure to meet
28 their affirmative action and equal employment opportunity
29 goals. The Department shall survey State agencies to
30 identify effective existing training programs and shall serve
31 as a resource to other State agencies. The Department shall
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1 assist agencies in the development and modification of
2 training programs to enable them to meet their affirmative
3 action and equal employment opportunity goals and shall
4 provide information regarding other existing training and
5 educational resources, such as the Upward Mobility Program,
6 the Illinois Institute for Training and Development, and the
7 Central Management Services Training Center.
8 (Source: P.A. 86-1411; 86-1475.)
9 (20 ILCS 405/25-130 new)
10 (was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28)
11 Sec. 25-130. State employees and retirees suggestion
12 award program. 67.28.
13 (a) The Department shall assist in the implementation of
14 a State Employees and Retirees Suggestion Award Program, to
15 be administered by the Board created in subsection (b). The
16 program shall encourage and reward improvements in the
17 operation of State government that which result in
18 substantial monetary savings. Any State employee, including
19 management personnel as defined by the Department, any
20 annuitant under Article 14 of the Illinois Pension Code and
21 any annuitant under Article 15 of that Code who receives a
22 retirement or disability retirement annuity, but not
23 including elected officials and departmental directors, may
24 submit a cost-saving suggestion to the Board, which shall
25 direct the suggestion to the appropriate department or agency
26 without disclosing the identity of the suggester. A
27 suggester may make a suggestion or include documentation on
28 matters a department or agency considers confidential, except
29 where prohibited by federal or State law; and no disciplinary
30 or other negative action may be taken against the suggester
31 unless there is a violation of federal or State law.
32 Suggestions, including documentation, upon receipt, shall
33 be given confidential treatment and shall not be subject to
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1 subpoena or nor be made public until the agency affected by
2 it has had the opportunity to request continued
3 confidentiality. The agency, if it requests continued
4 confidentiality, shall attest that disclosure would violate
5 federal or State law or rules and regulations pursuant to
6 federal or State law thereto or is a matter covered under
7 Section 7 of the Freedom of Information Act. The Board shall
8 make its decision on continued confidentiality and, if it so
9 classifies the suggestion, shall notify the suggester and
10 agency. A suggestion classified "continued confidential"
11 shall nevertheless be evaluated and considered for award. A
12 suggestion that which the Board finds or the suggester states
13 or implies constitutes a disclosure of information that which
14 the suggester reasonably believes evidences (1) a violation
15 of any law, rule, or regulation or (2) mismanagement, a gross
16 waste of funds, an abuse of authority, or a substantial and
17 specific danger to public health or safety may be referred to
18 the appropriate investigatory or law enforcement agency for
19 consideration for investigation and action. The identity of
20 the suggester may not be disclosed without the consent of the
21 suggester during any investigation of the information and any
22 related matters. Such a suggestion shall also be evaluated
23 and an award made when appropriate. That portion of Board
24 meetings that involves the consideration of suggestions
25 classified "continued confidential" or being considered for
26 that such classification shall be closed meetings.
27 The Board may at its discretion make awards for those
28 suggestions certified by agency or department heads as
29 resulting in savings to the State of Illinois. Management
30 personnel shall be recognized for their suggestions as the
31 Board considers appropriate, but shall not receive any
32 monetary award. Annuitants and employees, other than
33 employees who are management personnel, shall receive awards
34 in accordance with the schedule below. Each award to
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1 employees other than management personnel and awards to
2 annuitants shall be paid in one lump sum by the Board created
3 in subsection (b). A monetary award may be increased by
4 appropriation of the General Assembly.
5 The amount of each award to employees other than
6 management personnel and the award to annuitants shall be
7 determined as follows:
8 $1.00 to $5,000 savings..................... an amount not
9 to exceed
10 $500.00 or a
11 certificate
12 of merit, or
13 both, as
14 determined
15 by the Board
16 more than $5,000 up to $20,000 savings...... $500 award
17 more than $20,000 up to $100,000 savings.... $1,000 award
18 more than $100,000 up to $200,000 savings... $2,000 award
19 more than $200,000 up to $300,000 savings... $3,000 award
20 more than $300,000 up to $400,000 savings... $4,000 award
21 more than $400,000.......................... $5,000 award
22 (b) There is created a State Employees and Retirees
23 Suggestion Award Board to administer the program described in
24 subsection (a). The Board shall consist of 8 members
25 appointed 2 each by the President of the Senate, the and
26 Minority Leader of the Senate, the Speaker of the House of
27 Representatives, and the Minority Leader of the House of
28 Representatives and, as ex-officio, non-voting members, the
29 directors of the Bureau of the Budget and the Department of
30 Central Management Services. Each appointing authority shall
31 designate one initial appointee to serve one year and one
32 initial appointee to serve 2 years; subsequent terms shall be
33 2 years. Any vacancies shall be filled for the unexpired
34 term by the original appointing authority and any member may
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1 be reappointed. Board members shall serve without
2 compensation but may be reimbursed for expenses incurred in
3 the performance of their duties. The Board shall annually
4 elect a chairman from among its number, shall meet monthly or
5 more frequently at the call of the chairman, and shall
6 establish necessary procedures, guidelines, and criteria for
7 the administration of the program. The Board shall annually
8 report to the General Assembly by January 1 on the operation
9 of the program, including the nature and cost-savings of
10 implemented suggestions, and any recommendations for
11 legislative changes it deems appropriate. The General
12 Assembly shall make an annual appropriation to the Board for
13 payment of awards and the expenses of the Board, such as, but
14 not limited to: travel of the members, preparation of
15 publicity material, printing of forms and other matter, and
16 contractual expenses.
17 (Source: P.A. 86-1019; 86-1027; 87-1009.)
18 (20 ILCS 405/25-190 new)
19 (was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27)
20 Sec. 25-190. Reduced rates and fares for State employee
21 travel. 67.27. To negotiate with vendors to establish reduced
22 rates and fares applicable for transportation and lodging for
23 State employees traveling on official business, and to
24 publish a directory or listing of those such fares and rates.
25 The publication shall be made available to all State agencies
26 in sufficient quantities to maximize utilization of the
27 reduced rates and fares.
28 (Source: P.A. 84-346.)
29 (20 ILCS 405/25-200 new)
30 (was 20 ILCS 405/67) (from Ch. 127, par. 63b13)
31 Sec. 25-200. Department's responsibility, generally. 67.
32 The Department of Central Management Services is responsible
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1 for certain State properties, acquisitions, and services. In
2 performing this responsibility the Department has the powers
3 and duties set forth in the Sections following this Section
4 (except Sections 25-220, 25-245, 25-250, 25-255, and 25-260)
5 and in Sections 25-25, 25-30, 25-120, 25-125, and 25-130
6 67.01 through 67.40.
7 (Source: P.A. 86-1411; 86-1475; 87-476; 87-895.)
8 (20 ILCS 405/25-205 new)
9 (was 20 ILCS 405/67.01) (from Ch. 127, par. 63b13.1)
10 Sec. 25-205. Specifications; purchases and contracts.
11 67.01. To establish or approve product or service
12 specifications and to make purchases of or contracts for
13 supplies, commodities, equipment, and utilities for all State
14 agencies. To avoid interruption or impediment of delivery of
15 necessary supplies, commodities, and coal the Director may
16 make purchases of or contracts for supplies and commodities
17 after April 30 of a fiscal year when where delivery of the
18 such supplies and commodities is to be made after June 30 of
19 that fiscal year and payment for the supplies and commodities
20 which is to be made from appropriations for the next fiscal
21 year. The Director may contract for periods not to exceed 10
22 years for delivery of coal, with payments to be made from
23 appropriations for the year in which the coal is delivered.
24 All such purchases and contracts made or entered into under
25 the preceding 2 two sentences shall (i) (a) recite that they
26 are subject to termination and cancellation in any year for
27 which the General Assembly fails to make an appropriation to
28 make payments under the terms of the such contract, and (ii)
29 (b) indicate the fiscal year of the appropriation against
30 which appropriation the purchase or contract is to be
31 charged.
32 The Director may authorize the various agencies, pursuant
33 to procedures established by the Director him, to purchase or
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1 contract for supplies, commodities, equipment, and utilities
2 if the where such purchase or contract will result in economy
3 or expedition to the State, except that all postage stamps
4 purchased from State funds must be procured by the Department
5 and perforated for identification purposes.
6 The Director, upon presentation of a warrant from a
7 General Assembly member, shall furnish the designated U.S.
8 Post Office with any amount specified so as to allow for the
9 creation or continuation of a bulk rate mailing fund in the
10 name of the General Assembly member, or shall furnish the
11 designated postage meter company or post office with any
12 amount specified so as to facilitate the purchase of a
13 postage meter and its stamps. Any postage meter so purchased
14 must also contain a stamp that states which shall state,
15 "official State mail".
16 The Board of Trustees of the University of Illinois, the
17 Board of Trustees of Southern Illinois University, the Board
18 of Trustees of Chicago State University, the Board of
19 Trustees of Eastern Illinois University, the Board of
20 Trustees of Governors State University, the Board of Trustees
21 of Illinois State University, the Board of Trustees of
22 Northeastern Illinois University, the Board of Trustees of
23 Northern Illinois University, the Board of Trustees of
24 Western Illinois University, and the Illinois Mathematics and
25 Science Academy shall purchase and contract for supplies,
26 commodities, equipment, and utilities in accordance with
27 rules and regulations prepared by them and approved by the
28 Department, except that all postage stamps purchased from
29 State funds, must be procured through the Department and
30 perforated for identification purposes.
31 As used in this Section the term "State agencies" means
32 all departments, officers, commissions, boards, institutions,
33 and bodies politic and corporate of the State but does not
34 mean the Board of Trustees of the University of Illinois, the
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1 Board of Trustees of Southern Illinois University, the Board
2 of Governors of State Colleges and Universities, the Board of
3 Regents, the Illinois Mathematics and Science Academy, or
4 municipalities and all other local governmental units.
5 (Source: P.A. 89-4, eff. 1-1-96.)
6 (20 ILCS 405/25-210 new)
7 (was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21)
8 Sec. 25-210. State Property Control Act. 67.21. To
9 administer the State Property Control Act.
10 (Source: P.A. 76-2028.)
11 (20 ILCS 405/25-215 new)
12 (was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22)
13 Sec. 25-215. Proper utilization of State property.
14 67.22. To require proper utilization of State property.
15 (Source: P.A. 76-2028.)
16 (20 ILCS 405/25-220 new)
17 (was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9)
18 Sec. 25-220. Inventorying State property. 35.9. The
19 Department shall establish regulations for inventorying of
20 property owned or controlled by the State.
21 (Source: P.A. 82-783.)
22 (20 ILCS 405/25-225 new)
23 (was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9)
24 Sec. 25-225. Office supply stockrooms. 67.09. To
25 establish and operate office supply stockrooms where it finds
26 that the office supply needs of more than one agency may be
27 more efficiently or economically served by centralized State
28 distribution and, when those such stockrooms are established,
29 to prescribe the items to be stocked in and the geographical
30 area to be served by the stockrooms. The Department shall
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1 purchase stocks of supplies from the Office Supplies
2 Revolving Fund in accordance with the rules and regulations
3 of the Department of Central Management Services, be
4 responsible for the receipt, care, and custody of the such
5 supplies, and keep detailed records thereof. The Department
6 shall bill the State agency receiving materials withdrawn
7 from stock as they are withdrawn.
8 (Source: P.A. 82-789.)
9 (20 ILCS 405/25-230 new)
10 (was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
11 Sec. 25-230. Statewide Form Management Program. 67.23.
12 To administer the Statewide Form Management Program and
13 provisions of "the Forms Management Program Act", enacted by
14 the Eightieth General Assembly.
15 (Source: P.A. 80-1338.)
16 (20 ILCS 405/25-235 new)
17 (was 20 ILCS 405/67.04) (from Ch. 127, par. 63b13.4)
18 Sec. 25-235. State Printing Contracts Act. 67.04. To
19 perform the duties and responsibilities of the Department as
20 provided in the "State Printing Contracts Act", enacted by
21 the 75th General Assembly.
22 (Source: Laws 1967, p. 2788.)
23 (20 ILCS 405/25-240 new)
24 (was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5)
25 Sec. 25-240. Information concerning the State. 67.05. To
26 publish, from time to time, for the information of the
27 several departments and of the general public, bulletins of
28 the work of the government; to collect, compile, and
29 disseminate information and literature concerning the
30 industrial, agricultural, and recreational facilities and
31 advantages, the historic and scenic places of interest, and
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1 the transportation and highway facilities of Illinois; to
2 encourage and coordinate the efforts of other public and
3 private organizations or groups of citizens to publicize the
4 facilities and attractions of Illinois; and to use or, employ
5 or to contract for the use or employment of whatever
6 advertising medium it may deem necessary to effectuate the
7 purposes herein provided in this Section.
8 (Source: Laws 1967, p. 2788.)
9 (20 ILCS 405/25-245 new)
10 (was 20 ILCS 405/35.7b) (from Ch. 127, par. 35.7b)
11 Sec. 25-245. Electronic data processing equipment.
12 35.7b. The Department of Central Management Services may
13 enter into multi-year lease, lease-purchase, or installment
14 purchase contracts, for terms not longer than 7 years, for
15 the acquisition of electronic data processing equipment for
16 the use of the Department or for the use of other State
17 agencies.
18 No multi-year contract may be entered into under this
19 Section except with the express approval of the Department.
20 Contracts entered into by the Department under this
21 Section shall recite that they are subject to termination and
22 cancellation in any year for which the General Assembly fails
23 to make an appropriation to make payments under the terms of
24 the such contract.
25 The Department of Central Management Services may sell or
26 exchange electronic data processing equipment no longer
27 useful for the State's purposes on such terms and conditions
28 as the Director deems to be in the best interest of the
29 State.
30 For the purpose of this Section, "State agencies" is
31 shall be defined as defined in Section 25-20 35.7 of this
32 Act.
33 (Source: P.A. 83-962.)
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1 (20 ILCS 405/25-250 new)
2 (was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a)
3 Sec. 25-250. Statistical services; use of electronic
4 data processing equipment. 35.7a. The Department may make
5 statistical services and the use of electronic data
6 processing equipment, including necessary telecommunications
7 lines and equipment, available to local governments, elected
8 State officials, State educational institutions, and all
9 other governmental units of the State requesting them. The
10 Director is empowered to establish prices and charges for the
11 statistical services so furnished and for the use of the
12 electronic data processing equipment and necessary
13 telecommunications lines and equipment. The Such prices and
14 charges shall be sufficient to reimburse the cost of
15 furnishing the such services and use of equipment and lines.
16 (Source: P.A. 83-1332.)
17 (20 ILCS 405/25-255 new)
18 (was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8)
19 Sec. 25-255. Division of Management Information. 35.8.
20 The Department, through its Division of Management
21 Information, may make statistical services and the use of
22 electronic data processing equipment available to local
23 governments, elected State officials, State educational
24 institutions, and all other governmental units of the State
25 requesting them. The Director is empowered to establish
26 prices and charges for the statistical services so furnished
27 and for the use of the electronic data processing equipment.
28 The Such prices and charges shall be sufficient to reimburse
29 the cost of furnishing the such services and use of
30 equipment.
31 (Source: Laws 1967, p. 2655.)
32 (20 ILCS 405/25-260 new)
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1 (was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c)
2 Sec. 25-260. Standards for management information
3 systems. 35.7c. The Department may establish statistical and
4 protocol standards to provide consistency in the operation
5 and use of management information systems.
6 (Source: P.A. 87-817.)
7 (20 ILCS 405/25-265 new)
8 (was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8)
9 Sec. 25-265. Plan to coordinate or centralize
10 communications among State offices. 67.08. To develop and
11 implement a comprehensive plan to coordinate or centralize
12 communications among State offices at different locations.
13 The plan shall be updated based on a continuing study of
14 communications problems of State government and shall include
15 but not be limited to telephone, teletypewriter use in
16 computer operations, the use of voice, data, and video
17 communications systems, and any other form of communications
18 system that which may be applicable. The plan shall take
19 into consideration systems that which might effect economies,
20 including but not limited to quantity discount services and,
21 the use of a common switchboard or centrex installation for
22 State agencies for cities, regions of the State, or the
23 entire State, and may include provision of telecommunications
24 service to local and federal government entities located
25 within this State if State interests can be served by so
26 doing.
27 (Source: P.A. 84-961.)
28 (20 ILCS 405/25-270 new)
29 (was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18)
30 Sec. 25-270. Telecommunications services. 67.18. To
31 provide for and co-ordinate telecommunications services for
32 State agencies and, when requested and when in the best
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1 interests of the State, for units of federal or local
2 governments, and public and not-for-profit institutions of
3 primary, secondary, and higher education. The Department may
4 make use of its satellite uplink available to interested
5 parties not associated with State government provided that
6 State government usage shall have first priority. For this
7 purpose the Department shall have the power and duty to do
8 all of the following:
9 (1) (a) Provide for and control the procurement,
10 retention, installation, and maintenance of
11 telecommunications equipment or services used by State
12 agencies in the interest of efficiency and economy.;
13 (2) (b) Establish standards by January 1, 1989 for
14 communications services for State agencies which shall
15 include a minimum of one telecommunication device for the
16 deaf installed and operational within each State agency,
17 to provide public access to agency information for those
18 persons who are hearing or speech impaired. The
19 Department shall consult the Department of Human Services
20 to develop standards and implementation for this such
21 equipment.;
22 (3) (c) Establish charges (i) for communication
23 services for State agencies and, when requested, for
24 units of federal or local government and, public and
25 not-for-profit institutions of primary, secondary, or
26 higher education, and (ii) for use of the Department's
27 satellite uplink by parties not associated with State
28 government. Entities charged for these such services
29 shall reimburse the Department of Central Management
30 Services by vouchers drawn against their respective
31 appropriations for telecommunications services.;
32 (4) (d) Instruct all State agencies to report their
33 usage of telecommunication services regularly to the
34 Department in the such manner as the Director may
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1 prescribe.;
2 (5) (e) Analyze the present and future aims and
3 needs of all State agencies in the area of
4 telecommunications services and plan to serve those such
5 aims and needs in the most effective and efficient
6 manner.; and
7 (6) (f) Establish the such administrative
8 organization within the Department that as is required to
9 accomplish the purpose of this Section.
10 The Department of Central Management Services is
11 authorized to conduct a study for the purpose of determining
12 technical, engineering, and management specifications for the
13 networking, compatible connection, or shared use of existing
14 and future public and private owned television broadcast and
15 reception facilities, including but not limited to
16 terrestrial microwave, fiber optic, and satellite, for
17 broadcast and reception of educational, governmental, and
18 business programs, and to implement those specifications.
19 However, the Department may not control or interfere with
20 the input of content into the telecommunications systems by
21 the several State agencies or units of federal or local
22 government, or public or not-for-profit institutions of
23 primary, secondary, and higher education, or users of the
24 Department's satellite uplink.
25 As used in this Section, the term "State agencies" means
26 all departments, officers, commissions, boards, institutions,
27 and bodies politic and corporate of the State except the
28 General Assembly, legislative service agencies, and all
29 officers of the General Assembly.
30 (Source: P.A. 89-507, eff. 7-1-97.)
31 (20 ILCS 405/25-275 new)
32 (was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33)
33 Sec. 25-275. Grants for distance learning services.
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1 67.33. To award grants to public community colleges and
2 education service centers for development and implementation
3 of telecommunications systems that provide distance learning
4 services.
5 (Source: P.A. 87-583; 87-895.)
6 (20 ILCS 405/25-280 new)
7 (was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15)
8 Sec. 25-280. State garages; passenger cars. 67.15. To
9 supervise and administer all State garages used for the
10 repair, maintenance, or servicing of State-owned motor
11 vehicles except those operated by any State college or
12 university or by the Illinois Mathematics and Science
13 Academy; and to acquire, maintain, and administer the
14 operation of the passenger cars reasonably necessary to the
15 operations of the executive department of the State
16 government. To this end, the Department of Central
17 Management Services shall adopt regulations setting forth
18 guidelines for the acquisition, use, maintenance, and
19 replacement of motor vehicles, including the use of ethanol
20 blended gasoline whenever feasible, used by the executive
21 department of State government; and shall occupy the space
22 and take possession of the personnel, facilities, equipment,
23 tools, and vehicles that which are in the possession or under
24 the administration of the former Department of Administrative
25 Services for these purposes on July 13, 1982 (the effective
26 date of Public Act 82-789); this amendatory Act of 1982 and
27 shall, from time to time, acquire any such further,
28 additional, and replacement facilities, space, tools, and
29 vehicles that as are reasonably necessary for the purposes
30 described in this Section.
31 (Source: P.A. 86-109; 87-373.)
32 (20 ILCS 405/25-285 new)
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1 (was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16)
2 Sec. 25-285. Fees for maintaining motor vehicles. 67.16.
3 To charge, collect, and receive from all other agencies of
4 the State government fees or moneys equivalent to the costs
5 of repairing, servicing, and maintaining motor vehicles used
6 by those such other agencies under Section 25-280 67.15 of
7 this Act. All contracts let under the provisions of this Law
8 Act shall be awarded in accordance with the applicable
9 requirements of the Illinois Purchasing Act.
10 (Source: P.A. 80-161.)
11 (20 ILCS 405/25-290 new)
12 (was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32)
13 Sec. 25-290. Retread replacement tires on State owned
14 vehicles. 67.32. The Department shall develop and implement
15 a program to use retreads as replacement tires on State owned
16 vehicles wherever possible.
17 (Source: P.A. 87-476.)
18 (20 ILCS 405/25-295 new)
19 (was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30)
20 Sec. 25-295. Decreased energy consumption. 67.30. The
21 Department of Central Management Services may enter into
22 contracts for equipment or services designed to decrease
23 energy consumption in State programs and, State owned or
24 controlled buildings, or equipment. Prior to entering into
25 any such contract for a State owned building, the Department
26 shall consult with the Executive Director of the Capital
27 Development Board. The Department may consult with the
28 Department of Commerce and Community Affairs regarding any
29 aspect of energy consumption projects.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 405/25-300 new)
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1 (was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
2 Sec. 25-300. Lease or purchase of facilities; airport
3 buildings; correctional facilities. 67.02.
4 (a) To lease or purchase office and storage space,
5 buildings, land, and other facilities for all State agencies,
6 authorities, boards, commissions, departments, institutions,
7 and bodies politic and all other administrative units or
8 outgrowths of the executive branch of State government except
9 the Constitutional officers, the State Board of Education,
10 and the State colleges and universities and their governing
11 bodies. However, before leasing or purchasing any office or
12 storage space, buildings, land, or other facilities in any
13 municipality the Department shall survey the existing
14 State-owned and State-leased property to make a determination
15 of need.
16 The Such leases shall be for a term not to exceed 5
17 years, except that the such leases may contain a renewal
18 clause subject to acceptance by the State after that date or
19 an option to purchase. The Such purchases shall be made
20 through contracts that (i) which may provide for the title to
21 the property to transfer immediately to the State or a
22 trustee or nominee for the benefit of the State, (ii) and
23 which shall: provide for the consideration to be paid in
24 installments to be made at stated intervals during a certain
25 term not to exceed 30 years from the date of the contract,
26 and (iii) may provide for the payment of interest on the
27 unpaid balance at a rate that does not exceed a rate
28 determined by adding 3 percentage points to the annual yield
29 on United States Treasury obligations of comparable maturity
30 as most recently published in the Wall Street Journal at the
31 time such contract is signed. The Such leases and purchase
32 contracts shall be and shall recite that they are subject to
33 termination and cancellation in any year for which the
34 General Assembly fails to make an appropriation to pay the
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1 rent or purchase installments payable under the terms of the
2 lease or purchase contract. Additionally, the such purchase
3 contract shall specify that title to the office and storage
4 space, buildings, land, and other facilities being acquired
5 under the such a contract shall revert to the seller in the
6 event of the failure of the General Assembly to appropriate
7 suitable funds. However, this limitation on the term of the
8 such leases does not apply to leases to and with the Illinois
9 Building Authority, as provided for in the Act enacted by the
10 Seventy-second General Assembly entitled the Building
11 Authority Act., which Leases to and with that said Authority
12 may be entered into for a term not to exceed 30 years and
13 shall be and shall recite that they are subject to
14 termination and cancellation in any year for which the
15 General Assembly fails to make an appropriation to pay the
16 rent payable under the terms of the such lease. These
17 limitations do not apply if where the lease or purchase
18 contract contains a provision limiting the liability for the
19 payment of the rentals or installments thereof solely to
20 funds received from the federal government.
21 (b) To lease from an airport authority office, aircraft
22 hangar, and service buildings constructed upon a public
23 airport under the Airport Authorities Act for the use and
24 occupancy of the State Department of Transportation. The,
25 which lease may be entered into for a term not to exceed 30
26 years.
27 (c) To establish training programs for teaching State
28 leasing procedures and practices to new employees of the
29 Department and to keep all employees of the Department
30 informed about current leasing practices and developments in
31 the real estate industry.
32 (d) To enter into an agreement with a municipality or
33 county to construct, remodel, or convert a structure for the
34 purposes of its serving as a correctional institution or
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1 facility pursuant to paragraph (c) of Section 3-2-2 of the
2 Unified Code of Corrections.
3 (e) To enter into an agreement with a private
4 individual, trust, partnership, or corporation or a
5 municipality or other unit of local government, when
6 authorized to do so by the Department of Corrections, whereby
7 that such individual, trust, partnership, or corporation or
8 municipality or other unit of local government will
9 construct, remodel, or convert a structure for the purposes
10 of its serving as a correctional institution or facility and
11 then lease the such structure to the Department for the use
12 of the Department of Corrections. A lease entered into
13 pursuant to the authority granted in this subsection shall be
14 for a term not to exceed 30 years, but may grant to the State
15 the option to purchase the structure outright.
16 The Such leases shall be and shall recite that they are
17 subject to termination and cancellation in any year for which
18 the General Assembly fails to make an appropriation to pay
19 the rent payable under the terms of the lease.
20 (f) On and after September 17, 1983, the powers granted
21 to the Department under this Section shall be exercised
22 exclusively by the Department, and no other State agency may
23 concurrently exercise any such power, unless specifically
24 authorized otherwise by a later enacted law. This subsection
25 is not intended to impair any contract existing as of
26 September 17, 1983.
27 However, no lease for more than 10,000 square feet of
28 space shall be executed unless the Director, in consultation
29 with the Executive Director of the Capital Development Board,
30 has certified that leasing is in the best interest of the
31 State, considering programmatic requirements, availability of
32 vacant State-owned space, the cost-benefits of purchasing or
33 constructing new space, and other criteria as he or she shall
34 determine. The Director shall not permit multiple leases for
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1 less than 10,000 square feet to be executed in order to evade
2 this provision.
3 (g) To develop and implement, in cooperation with the
4 Interagency Energy Conservation Committee, a system for
5 evaluating energy consumption in facilities leased by the
6 Department, and to develop energy consumption standards for
7 use in evaluating prospective lease sites.
8 (Source: P.A. 87-852.)
9 (20 ILCS 405/25-305 new)
10 (was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6)
11 Sec. 25-305. Lease of unused or unproductive State land.
12 67.06. To lease the unused or unproductive land under the
13 jurisdiction of any of the several departments on such terms
14 and conditions that as in the judgment of the Director are in
15 the best interests of the State.
16 (Source: Laws 1967, p. 2788.)
17 (20 ILCS 405/25-310 new)
18 (was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7)
19 Sec. 25-310. Transfer of realty. 67.07. To transfer any
20 realty under the jurisdiction of the Department to any other
21 State agency and to accept a transfer of realty from the
22 federal government.
23 (Source: Laws 1967, p. 2788.)
24 (20 ILCS 405/25-315 new)
25 (was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24)
26 Sec. 25-315. Management of State buildings; security
27 force; fees. 67.24.
28 (a) To manage, operate, maintain, and preserve from
29 waste the State buildings listed below. The Department may
30 rent portions of these and other State buildings when in the
31 judgment of the Director those such leases will be in the
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1 best interests of the State. The Such leases shall not
2 exceed 5 five years unless a greater term is specifically
3 authorized.
4 a. Peoria Regional Office Building
5 5415 North University
6 Peoria, Illinois 61614
7 b. Springfield Regional Office Building
8 4500 South 6th Street
9 Springfield, Illinois 62703
10 c. Champaign Regional Office Building
11 2125 South 1st Street
12 Champaign, Illinois 61820
13 d. Illinois State Armory Building
14 124 East Adams
15 Springfield, Illinois 62706
16 e. Marion Regional Office Building
17 2209 West Main Street
18 Marion, Illinois 62959
19 f. Kenneth Hall Regional State Office
20 Building
21 #10 Collinsville Avenue
22 East St. Louis, Illinois 62201
23 g. Rockford Regional Office Building
24 4402 North Main Street
25 P.O. Box 915
26 Rockford, Illinois 61105
27 h. State of Illinois Building
28 160 North LaSalle
29 Chicago, Illinois 60601
30 i. Office and Laboratory Building
31 2121 West Taylor Street
32 Chicago, Illinois 60602
33 j. Central Computer Facility
34 201 West Adams
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1 Springfield, Illinois 62706
2 k. Elgin Office Building
3 595 South State Street
4 Elgin, Illinois 60120
5 l. James R. Thompson Center
6 Bounded by Lake, Clark, Randolph and
7 LaSalle Streets
8 Chicago, Illinois
9 m. The following buildings located within the Chicago
10 Medical Center District:
11 1. Lawndale Day Care Center
12 2929 West 19th Street
13 2. Edwards Center
14 2020 Roosevelt Road
15 3. Illinois Center for
16 Rehabilitation and Education
17 1950 West Roosevelt Road and 1151 South Wood Street
18 4. Department of Children and
19 Family Services District Office
20 1026 South Damen
21 5. The William Heally School
22 1731 West Taylor
23 6. Administrative Office Building
24 1100 South Paulina Street
25 7. Metro Children and Adolescents Center
26 1601 West Taylor Street
27 n. E.J. "Zeke" Giorgi Center
28 200 Wyman Street
29 Rockford, Illinois
30 o. Suburban North Facility
31 9511 Harrison
32 Des Plaines, Illinois
33 p. The following buildings located within the Revenue
34 Center in Springfield:
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1 1. State Property Control Warehouse
2 11th & Ash
3 2. Illinois State Museum Research & Collections
4 Center
5 1011 East Ash Street
6 q. Effingham Regional Office Building
7 401 Industrial Drive
8 Effingham, Illinois
9 r. Portions or all of the basement and
10 ground floor of the
11 State of Illinois Building
12 160 North LaSalle
13 Chicago, Illinois 60601
14 may be leased to persons, firms, partnerships, associations,
15 or individuals for terms not to exceed 15 years when in the
16 judgment of the Director those such leases will be in the
17 best interests of the State.
18 Portions or all of the commercial space, which includes
19 the sub-basement, storage mezzanine, concourse, and ground
20 and second floors of the
21 James R. Thompson Center
22 Bounded by Lake, Clark, Randolph and LaSalle Streets
23 Chicago, Illinois
24 may be leased to persons, firms, partnerships, associations,
25 or individuals for terms not to exceed 15 years subject to
26 renewals when in the judgment of the Director those such
27 leases will be in the best interests of the State.
28 The Director is authorized to rent portions of the above
29 described facilities to persons, firms, partnerships,
30 associations, or individuals for terms not to exceed 30 days
31 when those such leases will not interfere with State usage of
32 the facility. This authority is meant to supplement and shall
33 not in any way be interpreted to restrict the Director's
34 ability to make portions of the State of Illinois Building
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1 and the James R. Thompson Center available for long-term
2 commercial leases.
3 Provided however, that all rentals or fees charged to
4 persons, firms, partnerships, associations, or individuals
5 for any lease or use of space in the above described
6 facilities made for terms not to exceed 30 days in length
7 shall be deposited in a special fund in the State treasury to
8 be known as the Special Events Revolving Fund.
9 Notwithstanding the provisions above, the Department of
10 Children and Family Services and the Department of Human
11 Services (as successor to the Department of Rehabilitation
12 Services and the Department of Mental Health and
13 Developmental Disabilities) shall determine the allocation of
14 space for direct recipient care in their respective
15 facilities. The Department of Central Management Services
16 shall consult with the affected agency in the allocation and
17 lease of surplus space in these facilities. Potential lease
18 arrangements shall not endanger the direct recipient care
19 responsibilities in these facilities.
20 (b) To appoint, subject to the "Personnel Code", as
21 amended, persons to be members of a police and security
22 force. Members of the security force shall be peace officers
23 when performing duties pursuant to this Section and as such
24 shall have all of the powers possessed by policemen in
25 cities, and sheriffs, including the power to make arrests on
26 view or issue citations for violations of State statutes or
27 city or county ordinances, except that in counties of more
28 than 1,000,000 population, any powers created by this
29 subsection shall be exercised only (i) when necessary to
30 protect the property, personnel, or any interests of the
31 Department of Central Management Services or any State agency
32 for whom the Department manages, operates, or maintains
33 property, or (ii) when specifically requested by appropriate
34 State or local law enforcement officials, and except that
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1 within counties of 1,000,000 or less population, these such
2 powers shall be exercised only when necessary to protect the
3 property, personnel, or any interests of the State of
4 Illinois, and only while on property managed, operated, or
5 maintained by the Department.
6 Nothing in this subsection shall be construed so as to
7 make it conflict with any provisions of, or rules promulgated
8 under, the "Personnel Code".
9 (c) To charge reasonable fees to all State agencies
10 utilizing facilities operated by the Department for occupancy
11 related fees and charges. All fees collected under this
12 subsection shall be deposited in a special fund in the State
13 treasury known as the Facilities Management Revolving Fund.
14 As used in this subsection, the term "State agencies" means
15 all departments, officers, commissions, institutions, boards,
16 and bodies politic and corporate of the State.
17 (Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376,
18 eff. 8-18-95; 89-507, eff. 7-1-97.)
19 (20 ILCS 405/25-320 new)
20 (was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25)
21 Sec. 25-320. Multi-use State facility at Collinsville;
22 State Police district headquarters at Sterling. 67.25.
23 (a) To enter into an agreement with a private
24 individual, trust, partnership, or corporation or a
25 municipality or other unit of local government whereby that
26 such individual, trust, partnership, or corporation or
27 municipality or other unit of local government will construct
28 a structure in the vicinity of Collinsville, Illinois for the
29 purposes of its serving as a multi-use State facility and
30 then lease that such structure to the Department for the use
31 of the Department of Transportation and other State agencies.
32 (b) To enter into an agreement with a municipality or
33 other unit of local government whereby the municipality or
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1 other unit of local government will construct a structure in
2 the vicinity of Sterling, Illinois for the purposes of its
3 serving as a Department of State Police district headquarters
4 and then lease the structure to the Department for the use of
5 the Illinois State Police. The Director of the Department of
6 Central Management Services is further authorized to convey
7 the existing Illinois State Police headquarters at Sterling
8 to the City of Sterling, Illinois, a municipal corporation,
9 at a value established by the average of 3 three appraisals
10 in exchange for a deduction of equal value against any
11 amounts due the municipality under the State's contract to
12 acquire a State Police district headquarters at Sterling.
13 (c) A lease entered into pursuant to the authority
14 granted in this Section Act shall be for a term not to exceed
15 30 years but may grant to the State the option to purchase
16 the structure outright.
17 (d) The lease shall be approved by the heads of the
18 agencies occupying the facility and shall be and shall recite
19 that it is subject to termination and cancellation in any
20 year for which the General Assembly fails to make an
21 appropriation to pay the rent payable under the terms of the
22 lease.
23 (Source: P.A. 86-1338.)
24 (20 ILCS 405/25-325 new)
25 (was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26)
26 Sec. 25-325. Mental health facility at Dixon. 67.26. To
27 enter into an agreement with a private individual, trust,
28 partnership, or corporation or a municipality or other unit
29 of local government whereby that such individual, trust,
30 partnership, or corporation or municipality or other unit of
31 local government will construct a structure in the vicinity
32 of Dixon, Illinois for the purposes of its serving as a
33 mental health facility and then lease that such structure to
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1 the Department for the use of the Department of Human
2 Services.
3 A lease entered into pursuant to the authority granted in
4 this Section Act shall be for a term not to exceed 30 years
5 but may grant to the State the option to purchase the
6 structure outright.
7 The lease shall be approved by the Secretary of Human
8 Services and shall be and shall recite that it is subject to
9 termination and cancellation in any year for which the
10 General Assembly fails to make an appropriation to pay the
11 rent payable under the terms of the lease.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (20 ILCS 405/25-400 new)
14 (was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1)
15 Sec. 25-400. Successor to Department of Administrative
16 Services and Department of Personnel. 34.1. The Department
17 of Central Management Services shall assume all rights,
18 powers, duties, and responsibilities of the Department of
19 Administrative Services and the Department of Personnel as
20 the successor to those departments. The Department of
21 Administrative Services, the Department of Personnel, and the
22 Advisory Board to the Department of Personnel are abolished.
23 Personnel, books, records, papers, documents, property,
24 real and personal, unexpended appropriations, and pending
25 business in any way pertaining to the former Department of
26 Administrative Services and the former Department of
27 Personnel are transferred to the Department of Central
28 Management Services, but any rights of employees or the State
29 under the "Personnel Code" or any other contract or plan
30 shall be unaffected by this transfer hereby. No rule or
31 regulation promulgated by the former Department of
32 Administrative Services or the former Department of Personnel
33 pursuant to an exercise of any right, power, duty, or
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1 responsibility transferred to the Department of Central
2 Management Services shall be affected by Public Act 82-789
3 this amendatory Act of 1982, and all such rules and
4 regulations shall become the rules and regulations of the
5 Department of Central Management Services.
6 (Source: P.A. 82-789.)
7 (20 ILCS 405/25-500 new)
8 (was 20 ILCS 405/67.35)
9 Sec. 25-500. 67.35. Matters relating to the Office of
10 the Lieutenant Governor.
11 (a) It is the purpose of this Section to provide for the
12 administration of the affairs of the Office of the Lieutenant
13 Governor during a period when the Office of Lieutenant
14 Governor is vacant.
15 It is the intent of the General Assembly that all powers
16 and duties of the Lieutenant Governor assumed and exercised
17 by the Director of Central Management Services, the
18 Department of Central Management Services, or another
19 Director, State employee, or State agency designated by the
20 Governor under the provisions of Public Act 88-553 this
21 amendatory Act of 1994 be reassumed by the Lieutenant
22 Governor on January 9, 1995.
23 (b) Until January 9, 1995, while the office of
24 Lieutenant Governor is vacant, the Director of Central
25 Management Services shall assume and exercise the powers and
26 duties given to the Lieutenant Governor under the Lieutenant
27 Governor's Office of Voluntary Action Act, Section 46.53 of
28 the Civil Administrative this Code of Illinois (renumbered;
29 now Section 35-75 of the Department of Commerce and Community
30 Affairs Law, 20 ILCS 605/35-75) (relating to the Keep
31 Illinois Beautiful program), the Employee Ownership
32 Assistance Act, the Gifts and Grants to Government Act, and
33 the Illinois Distance Learning Foundation Act.
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1 The Director of Central Management Services shall not
2 assume or exercise the powers and duties given to the
3 Lieutenant Governor under the Rural Bond Bank Act.
4 (c) Until January 9, 1995, while the office of
5 Lieutenant Governor is vacant, the Department of Central
6 Management Services shall assume and exercise the powers and
7 duties given to the Office of the Lieutenant Governor under
8 the Lieutenant Governor's Office of Voluntary Action Act and
9 the Illinois Distance Learning Foundation Act.
10 (d) Until January 9, 1995, while the office of
11 Lieutenant Governor is vacant, the Department of Central
12 Management Services may assume and exercise the powers and
13 duties that have been delegated to the Lieutenant Governor by
14 the Governor.
15 (e) Until January 9, 1995, while the office of
16 Lieutenant Governor is vacant, appropriations to the Office
17 of the Lieutenant Governor may be obligated and expended by
18 the Department of Central Management Services, with the
19 authorization of the Director of Central Management Services,
20 for the purposes specified in those appropriations. These
21 obligations and expenditures shall continue to be accounted
22 for as obligations and expenditures of the Office of the
23 Lieutenant Governor.
24 (f) Until January 9, 1995, while the office of
25 Lieutenant Governor is vacant, all employees of the Office of
26 the Lieutenant Governor who are needed to carry out the
27 responsibilities of the Office are temporarily reassigned to
28 the Department of Central Management Services. This
29 reassignment shall not be deemed to constitute new employment
30 or to change the terms or conditions of employment or the
31 qualifications required of the employees, except that the
32 reassigned employees shall be subject to supervision by the
33 Department during the temporary reassignment period.
34 (g) Until January 9, 1995, while the office of
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1 Lieutenant Governor is vacant, the Department of Central
2 Management Services shall temporarily assume and exercise the
3 powers and duties of the Office of the Lieutenant Governor
4 under contracts to which the Office of the Lieutenant
5 Governor is a party. The assumption of rights and duties
6 under this subsection shall not be deemed to change the terms
7 or conditions of the contract.
8 The Department of Central Management Services may amend,
9 extend, or terminate any such contract in accordance with its
10 terms; may agree to terminate a contract at the request of
11 the other party; and may, with the approval of the Governor,
12 enter into new contracts on behalf of the Office of the
13 Lieutenant Governor.
14 (h) The Governor may designate a State employee or
15 director other than the Director of Central Management
16 Services or a State agency other than the Department of
17 Central Management Services to assume and exercise any
18 particular power or duty that would otherwise be assumed and
19 exercised by the Director of Central Management Services or
20 the Department of Central Management Services under
21 subsection (b), (c), or (d) of this Section.
22 Except as provided below, if the Governor designates a
23 State employee or director other than the Director of Central
24 Management Services or a State agency other than the
25 Department of Central Management Services, that person or
26 agency shall be responsible for those duties set forth in
27 subsections (e), (f), and (g) that directly relate to the
28 designation of duties under subsections (b), (c), and (d).
29 If the Governor's designation relates to duties of the
30 Voluntary Action Advisory Council or the Distance Learning
31 Foundation, the Director of Central Management Services and
32 the Department of Central Management Services may, if so
33 directed by the Governor, continue to be responsible for
34 those duties set forth in subsections (e), (f), and (g)
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1 relating to that designation.
2 (i) Business transacted under the authority of this
3 Section by entities other than the Office of the Lieutenant
4 Governor shall be transacted on behalf of and in the name of
5 the Office of the Lieutenant Governor. Property of the
6 Office of the Lieutenant Governor shall remain the property
7 of that Office and may continue to be used by persons
8 performing the functions of that Office during the vacancy
9 period, except as otherwise directed by the Governor.
10 (Source: P.A. 88-553; 89-445, eff. 2-7-96.)
11 (20 ILCS 510/Art. 30 heading new)
12 ARTICLE 30. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
13 (20 ILCS 510/30-1 new)
14 Sec. 30-1. Article short title. This Article 30 of the
15 Civil Administrative Code of Illinois may be cited as the
16 Department of Children and Family Services Powers Law.
17 (20 ILCS 510/30-5 new)
18 Sec. 30-5. Definition. As used in this Article 30,
19 "Department" means the Department of Children and Family
20 Services.
21 (20 ILCS 510/30-10 new)
22 (was 20 ILCS 510/65) (from Ch. 127, par. 63b11)
23 Sec. 30-10. Powers, generally. 65. The Department of
24 Children and Family Services has the powers enumerated in the
25 following Sections 65.1 through 65.8.
26 (Source: P.A. 86-610.)
27 (20 ILCS 510/30-15 new)
28 (was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1)
29 Sec. 30-15. Children and Family Services Act. The
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1 Department has the power 65.1. to administer the "An Act
2 creating the Department of Children and Family Services Act,
3 codifying its powers and duties, and repealing certain Acts
4 and Sections herein named".
5 (Source: Laws 1967, p. 4089.)
6 (20 ILCS 510/30-20 new)
7 (was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
8 Sec. 30-20. Juveniles; industrial and training schools.
9 The Department has the power 65.4. to exercise the powers and
10 fulfill the duties assigned the Department by the Juvenile
11 Court Act of 1987, the "An Act to aid Industrial Schools for
12 Girls Act", approved May 29, 1879, and the "An Act to provide
13 for and aid Training Schools for Boys Act", approved June 18,
14 1883, as such Acts are heretofore and hereafter amended.
15 (Source: P.A. 85-1209.)
16 (20 ILCS 510/30-25 new)
17 (was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5)
18 Sec. 30-25. Child Care Act of 1969; injunction. The
19 Department has the power 65.5. to initiate injunction
20 proceedings whenever wherever it appears to the Director of
21 Children and Family Services that any person, group of
22 persons, or corporation is engaged or about to engage in any
23 acts or practices that which constitute or will constitute a
24 violation of the "Child Care Act of 1969", approved May 15,
25 1969, as amended, or any rule or regulation prescribed under
26 the authority of that Act thereof. The Director of Children
27 and Family Services may, in his or her discretion, through
28 the Attorney General apply for an injunction to enforce the
29 Act, rule, or regulation., and Upon a proper showing, any
30 circuit court may enter a permanent or preliminary injunction
31 or a temporary restraining order without bond to enforce the
32 Act, rule, or regulation those Acts in addition to the
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1 penalties and other remedies provided in the Act, rule, or
2 regulation those Acts. Appeals may be taken as in other civil
3 cases.
4 (Source: P.A. 83-1362.)
5 (20 ILCS 510/30-30 new)
6 (was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6)
7 Sec. 30-30. Escaped inmates. The Department has the
8 power 65.6. to exercise the powers and fulfill the duties
9 assigned the Department by the Escaped Inmate Damages Act "An
10 Act concerning damages caused by escaped inmates of
11 charitable, penal, reformatory or other institutions over
12 which the State has control", approved June 21, 1935, as
13 heretofore and hereafter amended.
14 (Source: Laws 1967, p. 4089.)
15 (20 ILCS 510/30-35 new)
16 (was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7)
17 Sec. 30-35. State agency employees child care services.
18 The Department has the power 65.7. to advise the Department
19 of Central Management Services concerning the provision of
20 child care services pursuant to the "State Agency Employees
21 Child Care Services Act", enacted by the 84th General
22 Assembly.
23 (Source: P.A. 84-652.)
24 (20 ILCS 510/30-95 new)
25 (was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3)
26 Sec. 30-95. Statutory responsibilities pertaining to
27 children. The Department has the power 65.3. to administer
28 the "Child Care Act (repealed)" and the such other
29 responsibilities pertaining to children that as are delegated
30 to the Department by statute.
31 (Source: Laws 1967, p. 4089.)
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1 (20 ILCS 510/30-100 new)
2 (was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8)
3 Sec. 30-100. Criminal history record information. 65.8.
4 Whenever the Department is authorized or required by law to
5 consider some aspect of criminal history record information
6 for the purpose of carrying out its statutory powers and
7 responsibilities, then, upon request and payment of fees in
8 conformance with the requirements of subsection 22 of Section
9 100-400 55a of " the Department of State Police Law (20 ILCS
10 2605/100-400) Civil Administrative Code of Illinois", the
11 Department of State Police is authorized to furnish, pursuant
12 to positive identification, the such information contained in
13 State files that as is necessary to fulfill the request.
14 (Source: P.A. 86-610.)
15 (20 ILCS 510/30-200 new)
16 (was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2)
17 Sec. 30-200. Police and security force. The Department
18 has the power 65.2. to appoint, subject to the "Personnel
19 Code", persons to be members of a police and security force.
20 Members of the police and security force shall be peace
21 officers and as such have all powers possessed by policemen
22 in cities, and sheriffs, including the power to make arrests
23 on view or on warrants of violations of State statutes or
24 city or county ordinances. These powers may, however, be
25 exercised only in counties of more than 500,000 population
26 when required for the protection of Department properties,
27 interests, and personnel, or when specifically requested by
28 appropriate State or local law enforcement officials. Members
29 of the police and security force may not serve and execute
30 civil process processes.
31 (Source: Laws 1967, p. 4089.)
32 (20 ILCS 605/Art. 35 heading new)
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1 ARTICLE 35. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
2 (20 ILCS 605/35-1 new)
3 Sec. 35-1. Article short title. This Article 35 of the
4 Civil Administrative Code of Illinois may be cited as the
5 Department of Commerce and Community Affairs Law.
6 (20 ILCS 605/35-5 new)
7 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
8 Sec. 35-5. Definitions. As used in the Sections following
9 after this Section: and before Section 47.2,
10 "Department" means the Department of Commerce and
11 Community Affairs.
12 "Director" means the Director of Commerce and Community
13 Affairs.
14 "Local government" means every county, municipality,
15 township, school district, and other local political
16 subdivision having authority to enact laws and ordinances, to
17 administer laws and ordinances, to raise taxes, or to expend
18 funds.
19 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
20 eff. 12-2-94.)
21 (20 ILCS 605/35-10 new)
22 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
23 Sec. 35-10. 46.1. Powers and duties. The Department of
24 Commerce and Community Affairs has the powers and duties
25 enumerated in the Sections following after this Section and
26 before Section 47.2.
27 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
28 eff. 12-2-94.)
29 (20 ILCS 605/35-15 new)
30 (was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22)
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1 Sec. 35-15. Cooperation with other departments, agencies,
2 and institutions. 46.22. To cooperate with other departments,
3 agencies, and institutions of this State in the collecting
4 and assembling of information and to enter into agreements
5 with those such other departments, agencies, and
6 institutions, upon such terms that are as may be mutually
7 agreed upon, to have conducted such studies and research that
8 conducted as may be necessary and proper.
9 (Source: Laws 1965, p. 1958.)
10 (20 ILCS 605/35-20 new)
11 (was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29)
12 Sec. 35-20. Charges; gifts and grants; Economic Research
13 and Information Fund. 46.29.
14 (a) To establish and collect charges and to accept
15 gifts, grants, awards, matching contributions, financial
16 participations, and cost sharings from individuals,
17 businesses, governments, and other third party sources, on
18 such terms and conditions that as the Director deems
19 advisable, for any or all of the following purposes:
20 (1) Preparing, producing, and disseminating
21 economic research material and information in various
22 formats and media.
23 (2) Preparing, producing, and disseminating
24 economic development strategies and planning products
25 prepared as a guidance of the Illinois economy.
26 (3) Planning, facilitating, entering into, and
27 conducting public, private, or both public and private
28 sector partnerships and other joint venture economic
29 research, strategic planning, and pilot, and
30 demonstration projects that have as their purpose
31 fostering increased understanding of the Illinois economy
32 and the development, evaluation, and implementation of
33 policies and strategies to foster economic growth.
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1 (4) Planning, facilitating, and conducting
2 information dissemination and training outreach
3 conferences, workshops, symposia, and award recognition
4 ceremonies.
5 (b) The Economic Research and Information Fund is
6 created as a special fund in the State treasury, and all
7 monies received pursuant to this Section shall be deposited
8 into that Fund. Monies in the Economic Research and
9 Information Fund may be expended for purposes consistent with
10 the conditions under which those monies are received, subject
11 to appropriations made by the General Assembly for those
12 purposes.
13 (Source: P.A. 88-407.)
14 (20 ILCS 605/35-25 new)
15 (was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a)
16 Sec. 35-25. Charges, gifts, and grants for promotional
17 products and services; International and Promotion Fund.
18 46.30a.
19 (a) To establish, levy, and collect fees and charges and
20 accept gifts, grants, and awards from other governmental
21 entities and nonprofit associations in association with the
22 provision of various promotional products and services
23 through its tourism, films production promotion, and
24 international business promotion programs. The Director may
25 establish and collect nominal charges for premiums and other
26 promotional materials produced or acquired as part of the
27 Department's activities authorized under the Illinois
28 Promotion Act from individuals and not-for-profit
29 organizations intending to use those such premiums and
30 promotional materials for purposes consistent with the
31 provisions of the Illinois Promotion Act, provided, however,
32 that other State agencies shall be charged no more than the
33 cost of the premium or promotional material to the
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1 Department.
2 (b) The Director may collect cost reimbursement monies
3 from films and media production entities for police and
4 related production security services in amounts determined by
5 the provider of the such security services and agreed to by
6 the production entity. The Such reimbursements shall only
7 result only from the agreed costs of planned police and
8 security services to be rendered to film and media production
9 sites in the State of Illinois.
10 (c) The Director may establish and collect cost-sharing
11 assessments and fees and accept gifts, grants, and awards
12 from private businesses, trade associations, other
13 governmental entities, and individuals desiring to
14 participate in and support the development and conduct of
15 overseas trade, catalog, and distributor shows and activities
16 and to purchase informational materials to foster export
17 sales of Illinois products and services as part of the
18 Department's international business programs.
19 (d) All money received pursuant to this Section shall be
20 deposited in the International and Promotional Fund within
21 the State treasury which is hereby created; monies within the
22 such Fund shall be appropriated only for expenditure pursuant
23 to this Section.
24 (Source: P.A. 86-813; 87-1177.)
25 (20 ILCS 605/35-30 new)
26 (was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41)
27 Sec. 35-30. State and federal programs, grants, and
28 subsidies. 46.41. The Department shall use the such State and
29 federal programs, grants, and subsidies that as are available
30 to assist in the discharge of the provisions of the Civil
31 Administrative Code of Illinois this Act.
32 (Source: P.A. 81-1509.)
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1 (20 ILCS 605/35-35 new)
2 (was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43)
3 Sec. 35-35. Federal moneys for general administration;
4 Intra-Agency Services Fund. 46.43. Moneys recovered from
5 federal programs for general administration that are received
6 by the Department of Commerce and Community Affairs shall be
7 deposited into a separate fund in the State treasury to be
8 known as the Intra-Agency Services Fund.
9 (Source: P.A. 86-1175; 87-130; 87-1177.)
10 (20 ILCS 605/35-40 new)
11 (was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2)
12 Sec. 35-40. State Technical Services Act Fund. 47.2. The
13 following funds collected and received by the Department of
14 Commerce and Community Affairs shall be paid to the State
15 Treasurer for deposit in the State Technical Services Act
16 Fund outside the State Treasury:
17 (1) (a) Funds received or collected from the
18 federal government to defray the cost of programs and
19 activities conducted under the State Technical Services
20 Act of 1965, Public Law 89-182, as now and hereafter
21 amended, or under any other Act of Congress by which
22 federal funds are made available for those such
23 purposes., and
24 (2) (b) Funds received or collected from colleges,
25 universities, nonprofit organizations, or other
26 participants in programs and activities conducted under
27 Section 35-370 46.28.
28 All disbursements from the such Fund shall be made only
29 upon warrants of the State Comptroller drawn upon the State
30 Treasurer as custodian of the fund upon vouchers signed by
31 the Director of Commerce and Community Affairs or by the
32 person or persons designated by the Director him for that
33 such purpose. The Comptroller is authorized to draw the such
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1 warrant upon vouchers so signed. The State Treasurer shall
2 accept all warrants so signed and shall be released from
3 liability for all payments made on those warrants thereon.
4 (Source: P.A. 81-1509.)
5 (20 ILCS 605/35-50 new)
6 (was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51)
7 Sec. 35-50. Expenditures for purposes of Build Illinois
8 Act. 46.51. To expend appropriations for the purposes
9 contained in the Build Illinois Act, enacted by the 84th
10 General Assembly.
11 (Source: P.A. 84-109.)
12 (20 ILCS 605/35-55 new)
13 (was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21)
14 Sec. 35-55. Contracts and other acts to accomplish
15 Department's duties. 46.21. To make and enter into contracts,
16 including but not limited to making grants and loans to those
17 units of local government and non-profit corporations
18 specified by the General Assembly pursuant to appropriations
19 by the General Assembly from the Build Illinois Bond Fund and
20 the Build Illinois Purposes Fund, and generally to do all
21 such things that as, in its judgment, may be necessary,
22 proper, and expedient in accomplishing its duties.
23 (Source: P.A. 85-288.)
24 (20 ILCS 605/35-60 new)
25 (was 20 ILCS 605/46.50) (from Ch. 127, par. 46.50)
26 Sec. 35-60. Infrastructure needs survey. 46.50. To enter
27 into an agreement or contract with a college, university,
28 private group, organization, or other entity to conduct a
29 comprehensive statewide survey of infrastructure needs in
30 Illinois.
31 (Source: P.A. 84-109.)
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1 (20 ILCS 605/35-65 new)
2 (was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52)
3 Sec. 35-65. Grants under Gang Control Grant Act. 46.52.
4 To award grants to community-based groups, as defined in the
5 Gang Control Grant Act "An Act to provide for grants to
6 community groups and to assist local government programs for
7 gang control, amending certain Acts therein named", veto
8 overridden October 31, 1985.
9 (Source: P.A. 84-1308; 84-1400; 84-1438.)
10 (20 ILCS 605/35-75 new)
11 (was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
12 Sec. 35-75. 46.53. Keep Illinois Beautiful.
13 (a) There is created the Keep Illinois Beautiful Program
14 Advisory Board consisting of 7 members appointed by the
15 Governor with the advice and consent of the Senate. Of those
16 7, 4 shall be appointed from a list of at least 10 names
17 submitted by the boards of directors from the various
18 certified community programs. Each certified community
19 program may submit only one recommendation to be considered
20 by the Governor. The Lieutenant Governor or his or her
21 designee shall be a member and serve as Chairman, except that
22 (i) when Section 6 of Article V of the Illinois Constitution
23 is operative the officer next in line of succession shall
24 serve as Chairman and (ii) until January 9, 1995, while the
25 office of Lieutenant Governor is otherwise vacant, the powers
26 and duties of the Lieutenant Governor under this Section
27 shall be carried out as provided in Section 67.35 of the
28 Civil Administrative Code of Illinois (renumbered; now
29 Section 25-500 of the Department of Central Management
30 Services Law, 20 ILCS 405/25-500). The Board shall meet at
31 least quarterly at the discretion of the Chairman and at such
32 other times that as the Chairman or any 4 members consider
33 necessary. Four members shall constitute a quorum.
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1 (b) The purpose of the Board shall be to assist local
2 governments and community organizations in:
3 (1) Educating the public about the need for
4 recycling and reducing solid waste.;
5 (2) Promoting the establishment of recycling and
6 programs that reduce litter and other solid waste through
7 re-use and diversisn.;
8 (3) Developing local markets for recycled
9 products.;
10 (4) Cooperating with other State agencies and with
11 local governments having environmental responsibilities.;
12 (5) Seeking funding from governmental and
13 non-governmental sources.
14 (c) The Lieutenant Governor shall employ and fix the
15 salary of a statewide coordinator who, to the extent
16 possible, shall assist local governments and community
17 organizations that plan to implement programs set forth in
18 subsection (b). The Board shall establish guidelines for the
19 certification by the Board of local governments and community
20 organizations. The Such guidelines shall be approved by a
21 majority of the members of the Board.
22 The statewide coordinator may encourage local governments
23 and community organizations to apply for certification of
24 programs by the Board. However, the statewide coordinator
25 shall give equal consideration to newly certified programs
26 and older certified programs.
27 The statewide coordinator shall submit proposed programs
28 to the Board. The Board shall approve program proposals by a
29 majority vote of the quorum present. In no event shall the
30 Board veto a program by a vote of fewer than 4 members. A
31 vetoed proposal may be resubmitted to the Board by the
32 statewide coordinator after necessary changes in the proposal
33 have been made.
34 (d) The Keep Illinois Beautiful Fund is created as a
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1 special fund in the State treasury. Moneys from any public
2 or private source may be deposited into the Keep Illinois
3 Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
4 shall be appropriated only for the purposes of this Section.
5 Pursuant to action by the Board, the Lieutenant Governor may
6 authorize grants from moneys appropriated from the Keep
7 Illinois Beautiful Fund for certified community based
8 programs for up to 50% of the cash needs of the program;
9 provided, that at least 50% of the needs of the program shall
10 be contributed to the program in cash, and not in kind, by
11 local sources.
12 Moneys appropriated for certified community based
13 programs in municipalities of more than 1,000,000 population
14 shall be itemized separately and may not be disbursed to any
15 other community.
16 (Source: P.A. 88-186; 88-553.)
17 (20 ILCS 605/35-85 new)
18 (was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11)
19 Sec. 35-85. Personnel. 46.11. To obtain and employ,
20 pursuant to the provisions of the "Personnel Code", as
21 heretofore or hereafter amended, the such technical,
22 clerical, stenographic, and other administrative personnel
23 that are and make such expenditures within the appropriations
24 therefor as may be necessary to carry out the purposes of the
25 Civil Administrative Code of Illinois and to make
26 expenditures for that purpose within the appropriations for
27 that purpose this Act.
28 (Source: Laws 1965, p. 1958.)
29 (20 ILCS 605/35-95 new)
30 (was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42)
31 Sec. 35-95. Rules and regulations. 46.42. The Department
32 has shall have the power to make the such rules and
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1 regulations as may be necessary to carry out its duties.
2 (Source: P.A. 81-1509.)
3 (20 ILCS 605/35-100 new)
4 (was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33)
5 Sec. 35-100. Transfer from Department of Business and
6 Economic Development. 46.33. To assume the rights, powers,
7 duties, and responsibilities of the former Department of
8 Business and Economic Development. Personnel, books,
9 records, property, and funds pertaining to the said former
10 Department of Business and Economic Development are
11 transferred to the Department, but any rights of employees or
12 the State under the "Personnel Code" or any other contract or
13 plan shall be unaffected by this transfer hereby.
14 (Source: P.A. 81-1509.)
15 (20 ILCS 605/35-105 new)
16 (was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35)
17 Sec. 35-105. Transfer from Department of Local Government
18 Affairs. 46.35.
19 (a) To assume all rights, powers, duties, and
20 responsibilities of the former Department of Local Government
21 Affairs not pertaining to its property taxation related
22 functions. Personnel, books, records, property and funds
23 pertaining to those such non-taxation related functions are
24 transferred to the Department, but any rights of employees or
25 the State under the "Personnel Code" or any other contract or
26 plan shall be unaffected by this transfer hereby.
27 (b) After August 31, 1984 (the effective date of Public
28 this amendatory Act 83-1302) of 1984, the power, formerly
29 vested in the Department of Local Government Affairs, and
30 transferred to the Department of Commerce and Community
31 Affairs, to administer the distribution of funds from the
32 State treasury to reimburse counties, where State penal
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1 institutions are located, for the payment of assistant
2 State's Attorneys' salaries under Section 7 of "An act
3 concerning fees and salaries, and to classify the several
4 counties of this state with reference thereto", approved
5 March 29, 1872, as amended (repealed; now Section 4-2001 of
6 the Counties Code, 55 ILCS 5/4-2001), shall be vested in the
7 Department of Corrections pursuant to Section 3-2-2 of the
8 Unified Code of Corrections.
9 (Source: P.A. 83-1302.)
10 (20 ILCS 605/35-110 new)
11 (was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34)
12 Sec. 35-110. Transfer from Governor's Office of Manpower
13 and Human Development. 46.34. To assume the rights, powers,
14 duties, and responsibilities of the Governor's Office of
15 Manpower and Human Development. Personnel, books, records,
16 property, and funds pertaining to the Governor's Office of
17 Manpower and Human Development are transferred to the
18 Department, but any rights of employees or the State under
19 the "Personnel Code" or any other contract or plan shall be
20 unaffected by this transfer hereby.
21 (Source: P.A. 81-1509.)
22 (20 ILCS 605/35-115 new)
23 (was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36)
24 Sec. 35-115. Transfer from State Housing Board and
25 Department of Business and Economic Development. 46.36. In
26 addition to the duties and powers imposed elsewhere in the
27 Civil Administrative Code of Illinois this Act, the
28 Department has the following powers:
29 (1) To exercise the rights, powers, and duties
30 vested by law in the State Housing Board under the "An
31 Act in relation to Housing Authorities Act.," approved
32 March 19, 1934, as heretofore or hereafter amended;
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1 (2) To exercise the rights, powers, and duties
2 vested by law in the State Housing Board under the
3 Housing Cooperation Law. "An Act in relation to aid of
4 housing projects and cooperation with housing authorities
5 and the Federal government by municipal corporations,
6 political subdivisions and other public bodies of this
7 state," filed July 13, 1937, as heretofore or hereafter
8 amended;
9 (3) To exercise the rights, powers, and duties
10 vested by law in the State Housing Board under "An Act to
11 facilitate the Housing Development and Construction Act.
12 of housing, to provide governmental assistance therefor,
13 and to repeal an Act herein named," approved July 2,
14 1947, as heretofore or hereafter amended;
15 (4) To exercise the rights, powers, and duties
16 vested by law in the State Housing Board under the
17 "Blighted Areas Redevelopment Act of 1947.", approved
18 July 2, 1947, as heretofore or hereafter amended;
19 (5) To exercise the rights, powers, and duties
20 vested by law in the State Housing Board under the
21 "Blighted Vacant Areas Development Act of 1949.," filed
22 August 13, 1949, as heretofore or hereafter amended;
23 (6) To exercise the rights, powers, and duties
24 vested by law in the State Housing Board under the Urban
25 Community Conservation Act. "An Act in relation to the
26 conservation of urban residential areas and the
27 prevention of slums and to define the rights, powers and
28 duties of municipalities in connection therewith,"
29 approved July 13, 1953, as heretofore or hereafter
30 amended;
31 (7) To exercise the rights, powers, and duties
32 vested by law in the State Housing Board under the "Urban
33 Renewal Consolidation Act of 1961.," approved August 15,
34 1961, as heretofore or hereafter amended;
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1 (8) To exercise the rights, powers, and duties
2 vested by law in the State Housing Board under the
3 Redevelopment Project Rehousing Act. "An Act in relation
4 to rehousing persons residing in the areas of
5 redevelopment projects undertaken pursuant to the
6 "Blighted Areas Redevelopment Act of 1947" enacted by the
7 Sixty-fifth General Assembly, and to provide for state
8 and municipal contributions therefor," approved July 2,
9 1947, as heretofore or hereafter amended;
10 (9) To exercise the rights, powers, and duties
11 vested by law in the State Housing Board under the State
12 Housing Act. "An Act in relation to housing," approved
13 July 12, 1933, as heretofore or hereafter amended;
14 (10) To exercise the rights, powers, and duties
15 vested by law in the State Housing Board under the
16 "Illinois Housing Development Act.", approved July 24,
17 1967, as heretofore or hereafter amended;
18 (11) To exercise the rights, powers, and duties
19 which had been vested by law in the Department of
20 Business and Economic Development under Sections 46.7
21 (renumbered; now Section 35-200 of this Law; 20 ILCS
22 605/35-200), 46.8 (repealed), 46.23 (repealed), and 47.1
23 (repealed) of "the Civil Administrative Code of
24 Illinois," approved March 7, 1917, as heretofore or
25 hereafter amended, previous to August 29, 1969.;
26 (12) To exercise the rights, powers, and duties
27 which have been vested by law in the State Housing Board
28 under Section 6b-3 of the "An Act in relation to State
29 Finance Act.," approved June 10, 1919, as heretofore and
30 hereafter amended;
31 (13) The Department shall render assistance and, advice
32 to and take action affecting local governments only upon
33 request of a local government, except as otherwise provided
34 by the powers and duties transferred to the Department by
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1 this Section.
2 (Source: P.A. 82-1057.)
3 (20 ILCS 605/35-200 new)
4 (was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7)
5 Sec. 35-200. Official State planning agency. 46.7. To act
6 as the official State planning agency, and to accept and use
7 planning grants or other financial assistance from the
8 federal government (1) for statewide comprehensive planning
9 work including research and coordination activity directly
10 related to urban needs; and (2) for State and inter-state
11 comprehensive planning and research and coordination activity
12 related thereto. All such grants shall be subject to the
13 terms and conditions prescribed by the federal government.
14 (Source: P.A. 76-1158.)
15 (20 ILCS 605/35-205 new)
16 (was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39)
17 Sec. 35-205. Planning; coordination with local and
18 regional entities; Urban Planning Assistance Fund. 46.39. The
19 Department shall provide for liaison between the State and
20 regional and local planning agencies and departments; perform
21 such state-wide planning as is provided by law; provide
22 assistance, counsel, and advice to local and regional
23 planning agencies when so requested; and conduct research
24 into local government problems as ordered by the Director. In
25 performing this responsibility the Department shall have the
26 power and duty to do the following:
27 (1) (a) Exercise the rights, powers, and duties provided
28 in paragraph sub-paragraph (11) of Section 35-115. 46.36 of
29 this Act;
30 (2) (b) To Accept and use planning grants or other
31 financial assistance from the federal government, either
32 directly or in receipt from the official State planning
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1 agency, in aid, or for the provision of planning assistance
2 (including surveys, land use studies, urban renewal plans,
3 technical services, and other planning work, but excluding
4 plans for specific public works): (i) (1) to municipalities
5 and counties; (ii) (2) to any group of adjacent communities,
6 incorporated or unincorporated, having common or related
7 urban planning problems resulting from rapid urbanization;
8 (iii) (3) to coordinate planning activities directly related
9 to urban needs; (iv) (4) for official governmental planning
10 agencies where rapid urbanization has resulted or is expected
11 to result from the establishment of rapid and substantial
12 expansion of a federal installation; and (v) (5) to study and
13 offer assistance for rural planning.;
14 (3) (c) To Approve applicants and project plans for
15 loans or grants to local, regional, or area groups,
16 associations, or other agencies that which qualify for
17 assistance under Title 42 U.S.C. United States Code Sections
18 3161, et seq. and any subsequent federal or State legislation
19 whose purpose is to assist economically distressed or
20 depressed areas;, and, for and in behalf of this State, to
21 accept, receive, and receipt for federal monies, for and in
22 behalf of the State, given by the federal government under
23 any federal law to this State for economic redevelopment,
24 assistance, surveys, or programs.;
25 (4) (d) To Cooperate with civic groups and local, State,
26 and federal planning and development agencies.;
27 (5) (e) To Authorize counties, cities, and other local
28 governmental units to enter into agreements, not in conflict
29 with any law of the State of Illinois, with appropriate
30 governmental units of an adjoining state or states for
31 cooperative efforts and mutual assistance in the
32 comprehensive planning for the physical growth and
33 development of metropolitan or other urban areas, provided
34 that such cooperation has been authorized by the adjoining
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1 state or states.;
2 (6) (f) To Provide that in an orderly manner that the
3 following funds collected and received by the Department
4 shall be paid over to the State Treasurer for deposit in a
5 separate fund hereinafter provided for in this Section: (i)
6 (a) funds received or collected from municipalities and
7 counties and from any groups of adjacent communities pursuant
8 to this Section and (ii) (b) funds received or collected from
9 the federal government to defray the cost for planning of
10 those such projects pursuant to the "Federal Housing Act of
11 1954", as amended, or under any other Act of Congress by
12 which federal funds may be made available for those such
13 purposes. Any such funds so collected or received shall be
14 paid or turned over to and shall be held by the State
15 Treasurer as ex officio custodian thereof, separate and apart
16 from all public monies and funds of this State, and shall be
17 known as the "Urban Planning Assistance Fund, which shall" to
18 be administered by the Department. All disbursements from the
19 such Fund shall be made only upon warrants of the State
20 Comptroller drawn upon the State Treasurer as custodian of
21 the fund upon vouchers signed by the Director of Commerce and
22 Community Affairs or by the person or persons designated by
23 the Director him for that such purpose. The Comptroller is
24 authorized to draw the such warrant upon vouchers so signed.
25 The State Treasurer shall accept all warrants so signed and
26 shall be released from liability for all payments made on
27 those warrants thereon.
28 (7) (g) To Provide coordination between state-wide plans
29 and plans of municipalities, counties, and regional planning
30 agencies.;
31 (8) (h) To Collect, organize, and disseminate
32 information on all matters pertaining to local government.;
33 (9) (i) To Make studies concerning local government
34 boundary problems; provide advice and assistance to local
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1 governments on boundary questions; and perform such other
2 services related to local government boundary questions that
3 as the Director orders. shall order;
4 (10) (j) To Cooperate with the Governor, other State
5 departments and agencies, and local planning agencies in the
6 preparation of state-wide plans relating to housing,
7 redevelopment, urban renewal, rural development, and such
8 other matters that as the Director orders. shall order;
9 (11) (k) To Do any and all things necessary to make the
10 Civil Administrative Code of Illinois this Act effective.
11 (Source: P.A. 83-333.)
12 (20 ILCS 605/35-210 new)
13 (was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9)
14 Sec. 35-210. Cooperation with civic groups and planning
15 and development agencies. 46.9. To cooperate with civic
16 groups and local, State, and federal planning and development
17 agencies.
18 (Source: Laws 1965, p. 1958.)
19 (20 ILCS 605/35-300 new)
20 (was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2)
21 Sec. 35-300. Economic development plans. 46.2 To
22 formulate plans for the economic development of the State of
23 Illinois.
24 (Source: Laws 1965, p. 1958.)
25 (20 ILCS 605/35-305 new)
26 (was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
27 Sec. 35-305. Economic development strategy. 46.44. By no
28 later than February 1, 1984, the Department shall prepare an
29 economic development strategy for Illinois for the year
30 beginning on July 1, 1984 and ending on June 30, 1985, and
31 for the 4 four years next ensuing. By no later than February
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1 1, 1985 and annually thereafter, the Department shall make
2 modifications to the in such economic development strategy
3 for the 4 four years beginning on the next ensuing July 1 as
4 those such modifications are warranted by changes in economic
5 conditions, or by other factors, including changes in policy,
6 and shall prepare an economic development strategy for the
7 fifth year beginning after the next ensuing July 1.
8 In preparing the such strategy and in making
9 modifications to the such strategy, the Department shall take
10 cognizance of the special economic attributes of the various
11 component areas of the State. (1) The "component areas"
12 shall be determined by the Department after a county by
13 county economic analysis and shall group counties that which
14 are close in geographical proximity and share common economic
15 traits.
16 (2) The strategy shall recommend specific legislative
17 and administrative action at both the State and area levels
18 level for promoting sustained economic growth at or above
19 national rates of economic growth, while keeping the rate of
20 unemployment below national levels of unemployment.
21 (3) The strategy shall include all of the following:
22 (1) (a) An assessment of historical patterns of
23 economic activity for the State as a whole and by area.;
24 (2) (b) Projections of future economic trends for
25 the State as a whole and by areas.; and
26 (3) (c) Projections of the State's future
27 educational needs.
28 (4) National economic trends and projections shall be
29 considered in the formulation of the such State and area
30 projections. All assumptions made in the formulation of the
31 such State and area projections shall be clearly and
32 explicitly set forth.
33 (5) The strategy shall identify, for each area those
34 economic characteristics that most likely will influence
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1 whether the area will exceed or fall below the rate of
2 overall State economic growth.
3 (6) The strategy shall recommend legislative action to
4 be taken to foster and promote economic growth in specific
5 areas, taking into account the resources and economic factors
6 indigenous to those such areas.
7 In preparing the strategy or modifications to the
8 strategy thereto, the Department shall consult with State
9 agencies, boards, and commissions whose programs and
10 activities significantly affect economic activity in the
11 State. The heads of those such agencies, boards, and
12 commissions shall provide the such assistance to the
13 Department that as the Governor deems appropriate.
14 (7) The strategy shall be presented to the Governor, the
15 President of the Senate, the Speaker of the House of
16 Representatives, the minority leader of each house of the
17 General Assembly, the chairman of the Commission on
18 Intergovernmental Cooperation, the chairman of the Economic
19 and Fiscal Commission, and the chairman of the Economic
20 Development Commission on February 1, 1984 and annually
21 thereafter.
22 (Source: P.A. 85-439.)
23 (20 ILCS 605/35-310 new)
24 (was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3)
25 Sec. 35-310. Collecting and assembling information. 46.3.
26 To collect and assemble, or cause to have collected and
27 assembled, information regarding the following: industrial
28 opportunities and possibilities of the State, including raw
29 materials, and products that may be produced therefrom; power
30 and water resources;, transportation facilities; available
31 markets; availability of labor; banking and financial
32 facilities; availability of industrial sites; the advantages
33 of the State as a whole, and particular sections of the State
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1 thereof as industrial, recreational, and tourist locations;
2 and provide information on the technologies available for
3 businesses to burn Illinois coal and the feasibility of such
4 systems; and such other matters as the Department may deem
5 desirable. To collect and assemble, or cause to have
6 collected and assembled, and provide information on the
7 technologies available for businesses to burn Illinois coal
8 and the feasibility of those systems.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 (20 ILCS 605/35-315 new)
11 (was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17)
12 Sec. 35-315. Information regarding economic growth.
13 46.17. To collect, assemble, and analyze statistics, data,
14 and information regarding the growth and the strengthening of
15 the economy of this State and all of its elements.
16 (Source: Laws 1965, p. 1958.)
17 (20 ILCS 605/35-320 new)
18 (was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5)
19 Sec. 35-320. Encouragement of existing industries. 46.5
20 To encourage the growth and expansion of industries now
21 existing within the State by providing comprehensive business
22 services and promoting interdepartmental cooperation for
23 assistance to industries.
24 (Source: Laws 1965, p. 1958.)
25 (20 ILCS 605/35-325 new)
26 (was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i)
27 Sec. 35-325. 46.19i. Services network funding program.
28 The Department is authorized to promulgate rules and make
29 grants, subject to appropriation by the General Assembly for
30 this purpose, to colleges, universities, trade associations,
31 non-profit organizations, or consortia of for-profit
-140- LRB9000008DJcc
1 businesses for research, development, promotion,
2 implementation, or improvement related to or in support of
3 manufacturer or producer services networks or group delivered
4 services and activities. Grants to eligible applicants shall
5 not exceed $100,000. The award shall not exceed 75% of the
6 entire amount of the actual expenditures for the cooperative
7 networks or group delivered services or activity unless that
8 limit is waived by the Director.
9 (Source: P.A. 87-1177.)
10 (20 ILCS 605/35-330 new)
11 (was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4)
12 Sec. 35-330. Encouragement of new industries; use of
13 Illinois coal. 46.4. To encourage new industrial enterprises
14 to locate in Illinois, by educational promotions pointing out
15 the opportunities of the State as a commercial and industrial
16 field of opportunity, and by solicitation of industrial
17 enterprises, and to encourage new enterprises to use
18 equipment that utilizes Illinois coal.
19 (Source: P.A. 84-741.)
20 (20 ILCS 605/35-335 new)
21 (was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
22 Sec. 35-335. Incentives to foreign firms. 46.4a.
23 (a) For purposes of this Section:,
24 "Foreign firm" means shall mean any industrial or
25 manufacturing enterprise that is domiciled in a nation other
26 than the United States.
27 "Incentives" means shall mean a loan or grant or
28 offering, abatement, reduction, or deferral of any tax or
29 regulation imposed by the State of Illinois or a unit of
30 local government when the aggregate total of all those such
31 incentives will exceed $10,000.
32 (b) Whenever the Department offers incentives to a
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1 foreign firm designed to result in the location or relocation
2 of a facility in this State that which will result in the
3 creation of more than 25 new jobs, the Department shall
4 prepare an economic impact study prior to the consummation of
5 an agreement with the foreign firm. An economic impact study
6 pursuant to this Section shall, if practical, include but
7 not be limited to the following:
8 (1) An analysis of the number of direct jobs to be
9 created, the number of indirect jobs to be created, and
10 the net gain in employment in relation to jobs to be
11 potentially lost by other similar and competing firms
12 within the industry located within this State.;
13 (2) The effect on local and regional competition
14 within the industry from the industry or business to be
15 located or relocated.;
16 (3) The degree of economic benefits of awarding the
17 same incentives to similar and existing industries or
18 businesses located within the State.;
19 (4) An examination of how the location or
20 relocation of the foreign firm complements existing
21 industries or businesses located within this State.; and
22 (5) The relationship of the fiscal costs to the
23 State or unit of local government resulting from the
24 incentives relative to the fiscal return to the State or
25 units of local government derived from the location or
26 relocation of the firm.
27 (c) A report of any economic impact studies prepared by
28 the Department in the previous 3 months pursuant to this
29 Section shall be transmitted to the Governor, members of the
30 General Assembly, and the Illinois Economic and Fiscal
31 Commission quarterly. In addition to the report, the
32 Department shall include a statement of incentives subject to
33 the agreement with the foreign firm, the name and type of
34 foreign firm involved and a description of its business or
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1 industrial activity, the proposed location of the foreign
2 firm, and a statement describing the rationale for the
3 location relative to other locations within the State. The
4 Illinois Economic and Fiscal Commission shall evaluate each
5 report received from the Department and present the
6 evaluation and report to the Commission members and
7 legislative leaders within 30 thirty days upon receipt of
8 each report from the Department.
9 (Source: P.A. 86-820.)
10 (20 ILCS 605/35-340 new)
11 (was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54)
12 Sec. 35-340. Expenses of moving machinery or equipment.
13 46.54. The Department shall annually include in the existing
14 Community Development Assistance set-aside program, monies
15 for moving expenses as an allowable activity. The Such grants
16 for moving expenses shall be for costs associated with the
17 relocation of manufacturing machinery or equipment from
18 another state or territory into Illinois or from one location
19 in Illinois to another location in Illinois. No grant shall
20 be made until the machinery or equipment has been relocated
21 and installed. Grants shall be limited to the those
22 machinery or equipment actually transported and installed.
23 No single grant shall exceed $100,000.
24 (Source: P.A. 84-1308.)
25 (20 ILCS 605/35-345 new)
26 (was 20 ILCS 605/46.67)
27 Sec. 35-345. 46.67. Pollution control industry
28 incentives. The Department of Commerce and Community Affairs
29 shall examine policies and incentives that will attract
30 industries involved in the design, development, and
31 construction of pollution control devices and shall implement
32 those policies and incentives that the Department determines
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1 will attract those businesses.
2 (Source: P.A. 88-339; 88-670, eff. 12-2-94.)
3 (20 ILCS 605/35-350 new)
4 (was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12)
5 Sec. 35-350. Science and research facilities. 46.12. To
6 encourage the locating in Illinois of scientific and research
7 development laboratories, industrial parks, and facilities
8 and to cooperate with colleges, universities, non-profit
9 professional societies, and governmental agencies to
10 encourage the development and maximum utilization of science
11 and research facilities.
12 (Source: Laws 1965, p. 1958.)
13 (20 ILCS 605/35-355 new)
14 (was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par.
15 46.19a)
16 Sec. 35-355. Grants for research and development in high
17 technology and service sectors.
18 (a) (2) The Department is authorized to establish a
19 program of grants to universities, community colleges,
20 research institutions, research consortiums, other
21 not-for-profit entities, and Illinois businesses for the
22 purpose of fostering research and development in the high
23 technology and the service sector leading to the development
24 of new products and services that can be marketed by Illinois
25 businesses. All grant awards shall include a contract that
26 which may provide for payment of negotiated royalties to the
27 Department if the product or service to be developed by the
28 grantee is subsequently licensed for production.
29 (b) (a) Grants may be awarded to universities and
30 research institutions to assist them in making their
31 faculties and facilities available to Illinois businesses.
32 The Such grants may be used by a university or research
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1 institution for purposes, including but not limited to the
2 following purposes: (i) to establish or enhance computerized
3 cataloging of all research labs and university staff and make
4 those such catalogues available to Illinois businesses; (ii)
5 to market products developed by the university to Illinois
6 businesses; (iii) to review publications in order to
7 identify, catalog, and inform Illinois businesses of new
8 practices in areas such as robotics and, biotechnology; (iv)
9 to build an on-line, information and technology system that
10 relies on other computerized networks in the United States;
11 (v) to assist in securing temporary replacement for faculty
12 who are granted a leave of absence from their teaching duties
13 for the purpose of working full-time for an Illinois business
14 to assist that business with technology transfer.
15 (c) (b) Grants may be awarded to universities and
16 research institutions, research consortiums, and other
17 not-for-profit entities for the purpose of identifying and
18 supporting Illinois businesses engaged in high technology and
19 service sector enterprises. The Such Illinois businesses
20 identified and funded shall include recipients of Small
21 Business Innovation Research Program funds under subsections
22 (e) through (k) of Section 9 of the Small Business Act. (15
23 U.S.C. 638, subsections (e) through (k) Title 15 United
24 States Codes, subsections 638(e)-638(k)). Entities receiving
25 grants under this subsection (c) paragraph (b) shall be known
26 as commercialization centers and shall engage in one or more
27 of the following activities:
28 (1) (i) Directing research assistance for new
29 venture creations.;
30 (2) (ii) General feasibility studies of new venture
31 ideas.;
32 (3) (iii) Furthering the technical and intellectual
33 skills of the managers and owners of Illinois small
34 businesses.;
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1 (4) (iv) Commercialization of technology and
2 research.;
3 (5) (v) Development of prototypes and testing new
4 products.;
5 (6) Identifying (vi) identify and assisting assist
6 in securing financing.;
7 (7) (vii) Marketing assistance.; and
8 (8) (viii) Assisting Illinois inventors in finding
9 Illinois manufacturers to produce and market their
10 inventions.
11 A commercialization center may charge a nominal fee or
12 accept royalty agreements for conducting feasibility studies
13 and other services.
14 (d) (c) Grants may be awarded by the Department to
15 Illinois businesses to fund research and consultation
16 arrangements between businesses and universities, community
17 colleges, research institutions, research consortiums, and
18 other not-for-profit entities within this State.
19 The Department shall give priority to Illinois small
20 businesses in awarding grants. Each grant awarded under this
21 subsection (d) paragraph (c) shall provide funding for up to
22 50% of the cost of the research or consultation arrangements,
23 not to exceed $100,000; provided that the grant recipient
24 utilizes Illinois not for profit research and academic
25 institutions to perform the research and development function
26 for which grant funds were requested.
27 (e) (d) Grants may be awarded to research consortiums
28 consortium and other qualified applicants, in conjunction
29 with private sector or federal funding, for other creative
30 systems that bridge university resources and business,
31 technological, production, and development concerns.
32 (f) (e) For the purposes of this Section: subsection
33 (2), (i) "Illinois business" means a "small business concern"
34 as defined in Title 15 United States Code, Section 632, which
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1 primarily conducts its business in Illinois;
2 (ii) "High technology" means any area of research or
3 development designed to foster greater knowledge or
4 understanding in fields such as computer science,
5 electronics, physics, chemistry or biology for the purpose of
6 producing designing, developing or improving prototypes and
7 new processes.;
8 "Illinois business" means a "small business concern" as
9 defined in 15 U.S.C. 632 that conducts its business primarily
10 in Illinois.
11 "Illinois research institutions" refers to not-for-profit
12 entities, which include federally-funded research
13 laboratories, that conduct research and development
14 activities for the purpose of producing, designing,
15 developing, or improving prototypes and new processes.
16 "Other not-for-profit entities" means nonprofit
17 organizations based in Illinois that are primarily devoted to
18 new enterprise or product development.
19 (iii) "Private sector" has shall have the meaning
20 ascribed to it in Title 29 U.S.C. United States Code, Section
21 1503.;
22 (iv) "University" means either a degree granting
23 institution located in Illinois as defined in Section 2 of
24 the Academic Degree Act, or a State-supported institution of
25 higher learning administered by the Board of Trustees of the
26 University of Illinois, the Board of Trustees of Southern
27 Illinois University, the Board of Trustees of Chicago State
28 University, the Board of Trustees of Eastern Illinois
29 University, the Board of Trustees of Governors State
30 University, the Board of Trustees of Illinois State
31 University, the Board of Trustees of Northeastern Illinois
32 University, the Board of Trustees of Northern Illinois
33 University, the Board of Trustees of Western Illinois
34 University, or the Illinois Community College Board.;
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1 (v) "Venture" means any Illinois business engaged in
2 research and development to create new products or services
3 with high growth potential.; (vi) Illinois research
4 institutions refers to not-for-profit entities, which include
5 federally-funded research laboratories, that conduct research
6 and development activities for the purpose of producing,
7 designing, developing, or improving prototypes and new
8 processes; and (vii) other not-for-profit entities means
9 non-profit organizations based in Illinois that are primarily
10 devoted to new enterprise or product development.
11 (g) (f) The Department may establish a program of grant
12 assistance on a matching basis to universities, community
13 colleges, small business development centers, community
14 action agencies, and other not-for-profit economic
15 development agencies to encourage new enterprise development
16 and new business formation and to encourage enterprises in
17 this State. The Department may provide grants, which shall
18 be exempt from the provisions of subsection (3) of this
19 Section 35-360, to universities, community colleges, small
20 business development centers, community action agencies, and
21 other not-for-profit economic development entities for the
22 purpose of making loans to small businesses. All grant
23 applications shall contain information as required by the
24 Department, including the following: a program operation
25 plan; a certification and assurance that the small business
26 applicants have received business development training or
27 education, have a business and finance plan, and have
28 experience in the proposed business area; and a description
29 of the support services that which the grant recipient will
30 provide to the small business. No more than 10% of the grant
31 may be used by the grant recipient for administrative costs
32 associated with the grant. Grant recipients may use grant
33 funds under this program to make loans on terms and
34 conditions favorable to the small business and shall give
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1 priority to those businesses located in high poverty areas,
2 enterprise zones, or both.
3 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
4 eff. 1-1-96; 89-507, eff. 7-1-97.)
5 (20 ILCS 605/35-360 new)
6 (was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par.
7 46.19a)
8 Sec. 35-360. Technology Innovation and Commercialization
9 Grants-in-Aid Council. (3) There is created within the
10 Department, a Technology Innovation and Commercialization
11 Grants-in-Aid Council which shall consist of 2
12 representatives of the Department of Commerce and Community
13 Affairs, appointed by the Department; one representative of
14 the Illinois Board of Higher Education, appointed by the
15 Board; one representative of science or engineering,
16 appointed by the Governor; two representatives of business,
17 appointed by the Governor; one representative of small
18 business, appointed by the Governor; one representative of
19 the Department of Agriculture, appointed by the Director of
20 Agriculture; and one representative of agribusiness,
21 appointed by the Director of Agriculture. The Director of
22 Commerce and Community Affairs shall appoint one of the
23 Department's representatives to serve as chairman of the
24 Council. The Council members shall receive no compensation
25 for their services but shall be reimbursed for their expenses
26 actually incurred by them in the performance of their duties
27 under this Section subsection. The Department shall provide
28 staff services to the Council. The Council shall provide for
29 review and evaluation of all applications received by the
30 Department under subsection (2) of this Section 35-355 and
31 make recommendations on those projects to be funded. The
32 Council shall also assist the Department in monitoring the
33 projects and in evaluating the impact of the program on
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1 technological innovation and business development within the
2 State.
3 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
4 eff. 1-1-96; 89-507, eff. 7-1-97.)
5 (20 ILCS 605/35-365 new)
6 (was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par.
7 46.19a)
8 Sec. 35-365. Technology Innovation and Commercialization
9 Fund. (4) There is hereby created a special fund in the
10 State treasury to be known as the Technology Innovation and
11 Commercialization Fund. The moneys in the such Fund may be
12 used, subject to appropriation, only for making grants
13 pursuant to subsection (2) of this Section 35-355 and for the
14 purposes of the Technology Advancement and Development Act.
15 All royalties received by the Department shall be deposited
16 in the such Fund.
17 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
18 eff. 1-1-96; 89-507, eff. 7-1-97.)
19 (20 ILCS 605/35-370 new)
20 (was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28)
21 Sec. 35-370. Application of science and technology.
22 46.28. To accept and use planning grants or other financial
23 assistance from the federal government and from other sources
24 set forth in Section 35-40 47.2 for support of planning
25 studies and activities, performance of administrative
26 functions, and technical services carried out under the State
27 Technical Services Act of 1965, Public Law 89-182, as now and
28 hereafter amended, and any subsequent legislation whose
29 purpose is to achieve a wider diffusion and more effective
30 application of science and technology in business, commerce,
31 and industry. To cooperate with colleges, universities,
32 non-profit organizations and associations, and governmental
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1 agencies and to sponsor programs and activities designed to
2 encourage wider diffusion and more effective application of
3 science and technology in business, commerce, and industry.
4 (Source: Laws 1968, p. 447.)
5 (20 ILCS 605/35-375 new)
6 (was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58)
7 Sec. 35-375. Undeveloped patents. 46.58. To assist in the
8 transfer of undeveloped patents held by institutions of
9 higher education in this State to Illinois technology and
10 business incubators for commercial development and
11 application.
12 (Source: P.A. 85-1209.)
13 (20 ILCS 605/35-380 new)
14 (was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60)
15 Sec. 35-380. Identifying, developing, and commercializing
16 technology. 46.60. To cooperate with the Illinois Coalition
17 for the purpose of administering programs the purpose of
18 which is to identify, develop, or commercialize technology or
19 to promote private sector efforts to identify, develop, or
20 commercialize technology.
21 (Source: P.A. 86-618.)
22 (20 ILCS 605/35-385 new)
23 (was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62)
24 Sec. 35-385. Technology Challenge Grant Program; Advanced
25 Technology Investment Program. 46.62. To establish and
26 administer a Technology Challenge Grant Program and an
27 Advanced Technology Investment Program as provided by the
28 Technology Advancement and Development Act and to expend
29 appropriations in accordance therewith.
30 (Source: P.A. 86-870; 86-1028.)
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1 (20 ILCS 605/35-400 new)
2 (was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c)
3 Sec. 35-400. Office of Urban Assistance. 46.19c. The
4 Department shall provide for, staff, and administer an Office
5 of Urban Assistance, which shall plan and coordinate existing
6 State programs designed to aid and stimulate the economic
7 growth of depressed urban areas. Among other duties assigned
8 by the Department, the Office shall have the following
9 duties:
10 (1) (a) To coordinate the activities of the
11 following units and programs of the Department of
12 Commerce and Community Affairs and all other present and
13 future units and programs of the Department that which
14 impact depressed urban areas to the extent that they
15 impact upon or concern urban economics:
16 (A) (1) Enterprise Zone Program.;
17 (B) (2) Small Business Development Center Program.;
18 (C) Programs that (3) Program which assist in the
19 development of community infrastructure.;
20 (D) (4) Illinois House Energy Assistance Program.;
21 (E) (5) Illinois Home Weatherization Assistance
22 Program.;
23 (F) (6) Programs financed with Community Services
24 Block Grant funds.;
25 (G) (7) Industrial Training Program.;
26 (H) (8) Technology Transfer and Innovation
27 Program.;
28 (I) (9) Rental Rehabilitation Program.;
29 (J) (10) Displaced Homemaker Program.; and
30 (K) (11) Programs under the federal Job Training
31 Partnership Act.
32 The Office shall convene quarterly meetings of
33 representatives who are designated by the Department to
34 represent the units and programs listed in items (A)
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1 paragraphs (1) through (K) (11).
2 (2) (b) To gather information concerning any State or
3 federal program that which is designed to revitalize or
4 assist depressed urban areas in the State and to provide this
5 information to public and private entities upon request.
6 (3) (c) To promote and assist in developing urban inner
7 city industrial parks.
8 (4) (d) To promote economic parity and the autonomy of
9 citizens of this State through promoting and assisting the
10 development of urban inner city small business development
11 centers, urban youth unemployment projects, small business
12 incubators, family resource centers, urban developments
13 banks,; self managed urban businesses, and plans for urban
14 infrastructure projects over the next 25 years.
15 (5) (e) To recommend to the General Assembly and the
16 Governor economic policies for urban areas and planning
17 models that will result in the reconstruction of the economy
18 of urban areas, especially those urban areas where
19 economically and socially disadvantaged people live, to the
20 General Assembly and the Governor.
21 (6) (f) To make recommendations to the General Assembly
22 and the Governor on the establishment of urban economic
23 policy in the areas of (i) (1) housing, (ii) (2) scientific
24 research, (iii) (3) urban youth unemployment, (iv) (4)
25 business incubators and family resource centers in urban
26 inner cities, and (v) (5) alternative energy resource
27 development, and the need thereof, in urban areas as part of
28 the department's 5-year five year plan for economic
29 development.
30 (7) (g) To make any rules and regulations necessary to
31 carry out its responsibilities under the Civil Administrative
32 Code of Illinois this Act.
33 (8) (h) To encourage new industrial enterprises to
34 locate in urban areas (i) through educational promotions that
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1 which point out the opportunities of any such area as a
2 commercial and industrial field of opportunity, and (ii) by
3 the solicitation of industrial enterprises; and to do such
4 other acts that as shall, in the judgment of the Office, are
5 be necessary and proper in fostering and promoting the
6 industrial development and economic welfare of any urban
7 area., however The Office, however, shall have no power to
8 require reports from or to regulate any business.
9 (9) (i) To accept grants, loans, or appropriations from
10 the federal government or the State, or any agency or
11 instrumentality thereof, to be used for the operating
12 expenses of the Office, or for any purposes of the Office,
13 including the making of direct loans or grants of those such
14 funds for public, private, experimental, or cooperative
15 housing, scientific research, urban inner city industrial
16 parks, urban youth employment projects, business incubators,
17 urban infrastructure development, alternative energy resource
18 development, community facilities needed in urban areas, and
19 any other purpose related to the revitalization of urban
20 areas.
21 (Source: P.A. 84-1090.)
22 (20 ILCS 605/35-405 new)
23 (was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a)
24 Sec. 35-405. Jobs and investment in economic development
25 project area. 46.5a. To encourage the creation or retention
26 of not less than 2,000 full-time equivalent jobs and that
27 private investment in the amount of not less than
28 $100,000,000 shall occur in an economic development project
29 area as defined in the Economic Development Area Tax
30 Increment Allocation Act: by securing by acquisition, gift,
31 grant, exchange, or purchase the rights of way, easements,
32 and such fee simple titles that as may be necessary to any
33 and all real property required for site acquisition for use
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1 in retaining such industry or business concern; by improving
2 or arranging to improve real property so acquired, including
3 but not limited to local public infrastructure improvements;
4 private structural improvements on the land; and by leasing
5 or conveying the such land, or interest in land, so acquired
6 and so improved.
7 For the purpose of this Section, "local public
8 infrastructure improvements" means local roads and streets,
9 access roads, bridges, and sidewalks; waste disposal systems,
10 water and sewer line extensions, water distribution and
11 purification facilities, and sewage treatment facilities;
12 rail or air or water port improvements; gas and electric
13 utility facilities; transit capital facilities; development
14 and improvement of publicly owned industrial and commercial
15 sites; or other public capital improvements that which are an
16 essential precondition to a business retention of that
17 industry or business concern as defined in this Section.
18 (Source: P.A. 86-38.)
19 (20 ILCS 605/35-410 new)
20 (was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d)
21 Sec. 35-410. Rural community development. 46.19d. The
22 Department shall provide for staff for and administer a
23 program in which the Department shall plan and coordinate
24 State efforts designed to aid and stimulate the development
25 of rural communities as well as other communities with
26 special needs in order to improve their competitiveness for
27 business retention, expansion, and attraction. Among other
28 duties, the Department, through the program, may do all of
29 the following:
30 (1) (a) Provide information, technical support, and
31 assistance to local officials, including, but not limited to,
32 assistance in grant applications, developing economic
33 development strategies, and complying with State and federal
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1 laws and rules and regulations affecting local governments.
2 All State agencies shall cooperate with the program to
3 provide the necessary information, materials, and assistance
4 to enable the Department to carry out its function in the
5 program in an effective manner. Each agency shall designate
6 an individual to serve as liaison to the program to provide
7 information and materials and to respond to requests for
8 assistance from communities selecting to work through this
9 program.
10 (2) (b) Work with agencies in developing flexible
11 regulations through a regulatory review program.
12 (3) (c) Evaluate and review the impact of existing
13 economic development programs on the rural and special need
14 communities selecting to work through this program.
15 (4) (d) Assist the communities in conducting
16 self-assessments to identify specific industries and
17 businesses in need of targeted assistance as well as actions
18 that the community might take to become more competitive for
19 business retention, expansion, and attraction.
20 (5) (e) Assist in formulating specific and measurable
21 economic development objectives for rural and special need
22 communities selecting to work through the program.
23 (6) (f) Administer the Rural Diversification Act.
24 (7) (g) Provide grants for the purposes described in
25 this Section with funds as appropriated by the General
26 Assembly.
27 (Source: P.A. 89-262, eff. 8-10-95.)
28 (20 ILCS 605/35-450 new)
29 (was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g)
30 Sec. 35-450. 46.19g. Community economic emergencies.
31 (a) Upon the recommendation of the Director of Commerce
32 and Community Affairs, the Governor may find that an economic
33 emergency exists in a designated Illinois community. The
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1 finding shall be based on one or more of the following
2 conditions:
3 (1) There has been a relocation or closing of
4 operations of a major private employer in the community.;
5 (2) There has been a closing or relocation of a
6 major public employer in the community.;
7 (3) A natural disaster has resulted in substantial
8 damage to the local economy.;
9 (4) The community or a portion of it has been
10 declared a disaster area by the federal government.; or
11 (5) A decision by the federal or State government,
12 or by a foreign government, has done substantial damage
13 to the local economy.
14 (b) Upon a finding by the Governor that an economic
15 emergency exists in a designated Illinois community, the
16 Governor shall convene an Economic Emergency Council. The
17 Council shall consist of 11 members as follows: the Director
18 of Commerce and Community Affairs, ex officio, the Director
19 of the Illinois Development Finance Authority, ex officio,
20 the Director of the Illinois Housing Development Authority,
21 ex officio, and 8 members representing the designated
22 community appointed by the Governor with the advice and
23 consent of the Senate. Of the 8 members appointed by the
24 Governor, 4 shall be representatives of business and finance,
25 2 shall be representatives of labor, and 2 shall be
26 representatives of education. Each member of the General
27 Assembly whose legislative district or representative
28 district lies in whole or in part within the designated
29 community shall also be a member of the Council, ex officio.
30 Members of a Council shall serve without compensation, but
31 may be reimbursed for their reasonable and necessary expenses
32 incurred in the performance of their duties.
33 (c) An Economic Emergency Council shall develop a plan
34 to address the designated community's economic needs and
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1 shall recommend that plan to the Governor and to the General
2 Assembly for further resolution and appropriation. The plan
3 may include extending enterprise zone tax incentives, making
4 economic development business loans and grants, making
5 infrastructure rehabilitation loans and grants, extending job
6 training and retraining assistance, extending tax increment
7 financing, and other appropriate economic programs or
8 incentives.
9 (d) The Illinois Economic Emergency Assistance Fund is
10 created as a special fund in the State treasury for the
11 purpose of channeling moneys to designated communities upon
12 further resolution and appropriation by the General
13 Assembly. In addition to amounts that may be appropriated to
14 the fund, gifts or grants from any legal source may be
15 deposited into the fund. Any fees or other charges collected
16 by the Department in connection with programs under this
17 Section shall also be deposited into the fund.
18 (Source: P.A. 86-455.)
19 (20 ILCS 605/35-490 new)
20 (was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10)
21 Sec. 35-490. Recommending legislation. 46.10. To
22 recommend legislation relating to the economic development of
23 the State.
24 (Source: Laws 1965, p. 1958.)
25 (20 ILCS 605/35-495 new)
26 (was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19)
27 Sec. 35-495. Other acts to foster and promote industrial
28 development and economic welfare. 46.19. To do such other
29 acts that as shall, in the judgment of the Department, are be
30 necessary and proper in fostering and promoting the
31 industrial development and economic welfare of the State. The
32 Department, however, shall have no power to require reports
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1 from or to regulate any business.
2 (Source: Laws 1965, p. 1958.)
3 (20 ILCS 605/35-500 new)
4 (was 20 ILCS 605/46.13) (from Ch. 127, par. 46.13)
5 Sec. 35-500. Business Assistance Office. 46.13. To create
6 a Business Assistance Office to do the following:
7 (1) (a) Provide information to new and existing
8 businesses for all State government forms and applications
9 and make this information readily available through a
10 business permit center. The Office shall not assume any
11 regulatory function. All State agencies shall cooperate with
12 the business permit center to provide the necessary
13 information, materials, and assistance to enable the center
14 to carry out its function in an effective manner. Each
15 agency shall designate an individual to serve as liaison to
16 the center to provide information and materials and to
17 respond to requests for assistance from businesses.
18 (2) (b) Provide technical and managerial assistance to
19 entrepreneurs and small businesses by (i) (1) contracting
20 with local development organizations, chambers of commerce,
21 and industry or trade associations with technical and
22 managerial expertise located in the State, whenever possible,
23 and (ii) (2) establishing a network of small business
24 development centers throughout the State.
25 (3) (c) Assess the fiscal impact of proposed rules upon
26 small business and work with agencies in developing flexible
27 regulations through a regulatory review program.
28 (4) (d) Provide detailed and comprehensive assistance to
29 businesses interested in obtaining federal or State
30 government contracts through a network of local procurement
31 centers. The Department shall make a special and continuing
32 effort to assist minority and female owned businesses,
33 including but not limited to the designation of special
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1 minority and female business advocates, and shall make
2 additional efforts to assist those located in labor surplus
3 areas. The Department shall, through its network of local
4 procurement centers, make every effort to provide
5 opportunities for small businesses to participate in the
6 procurement process. The Department shall utilize one or
7 more of the following techniques. These techniques are to be
8 in addition to any other procurement requirements imposed by
9 Public Act 83-1341 this amendatory Act of 1984 or by any
10 other Act.
11 (A) (1) Advance notice by the Department or other
12 appropriate State entity of possible procurement
13 opportunities should be made available to interested
14 small businesses.
15 (B) (2) Publication of procurement opportunities in
16 publications likely to be obtained by small businesses.
17 (C) (3) Direct notification, whenever the
18 Department deems it feasible, of interested small
19 businesses.
20 (D) (4) Conduct of public hearings and training
21 sessions, when possible, regarding State and federal
22 government procurement policies.
23 (5) The Department of Central Management Services shall
24 cooperate with the Department in providing information on the
25 method and procedure by which a small business becomes
26 involved in the State or federal government procurement
27 process.
28 (5) (e) Study the total number of registrations,
29 licenses, and reports that which must be filed in order to do
30 business in this State, seek input from the directors of all
31 regulatory agencies, and submit a report on how this
32 paperwork might be reduced to the Governor and the General
33 Assembly no later than January 1, 1985.
34 (Source: P.A. 86-808; 87-235.)
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1 (20 ILCS 605/35-505 new)
2 (was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15)
3 Sec. 35-505. Aid in obtaining governmental and private
4 services. 46.15. To aid Illinois businesses in obtaining
5 services available from governmental and private sources.
6 (Source: Laws 1965, p. 1958.)
7 (20 ILCS 605/35-510 new)
8 (was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h)
9 Sec. 35-510. Study of laws affecting small business.
10 46.19h. To study the effect of laws affecting small business
11 to determine whether if those laws impede the creation of
12 small businesses or create economic damages for any small
13 business group that may jeopardize the small business group's
14 continuation in the marketplace or its valuable contribution
15 to the economic growth of this State. The study shall be
16 conducted in cooperation with the department or agency
17 administering the law whose effect is the subject of the
18 study. A general study of the laws affecting the creation of
19 small businesses in this State shall be undertaken by the
20 Department and the results shall be reported to the Governor
21 and the General Assembly by January 1, 1996.
22 An economic impact review shall be made at least every 2
23 years, and pertinent information shall be gathered from the
24 business segment affected to determine whether if the laws
25 need amendment to relieve business losses while retaining the
26 substance of the legislation, or whether the original purpose
27 has been accomplished and the laws should be repealed. The
28 review shall be reported to the Governor, the General
29 Assembly, and the administrating State agency, as well as to
30 the business associations most directly representing the
31 business group involved.
32 The Director shall appoint a task force to assist the
33 Department in conducting the studies and reviews required
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1 under this Section. The task force shall consist of persons
2 representing small business and persons representing the
3 affected State departments and agencies. Members of the task
4 force shall serve without compensation but may be reimbursed
5 for necessary expenses in connection with their duties out of
6 money available to the Department for that purpose.
7 (Source: P.A. 89-259, eff. 8-10-95.)
8 (20 ILCS 605/35-515 new)
9 (was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
10 Sec. 35-515. 46.13a. Environmental Regulatory Assistance
11 Program.
12 (a) The following terms, whenever used or referred to In
13 this Section, shall have the following meanings ascribed to
14 them, except where the context clearly requires otherwise,:
15 (1) "small business stationary source" means a business that
16 is owned or operated by a person that employs 100 or fewer
17 individuals; is a small business; is not a major stationary
18 source as defined in Titles I and III of the federal 1990
19 Clean Air Act Amendments; does not emit 50 tons or more per
20 year of any regulated pollutant (as defined under the federal
21 Clean Air Act); and emits less than 75 tons per year of all
22 regulated pollutants.
23 (2) "Department" means the Illinois Department of
24 Commerce and Community Affairs.
25 (b) The Department may:
26 (1) Provide access to technical and compliance
27 information for Illinois firms, including small and
28 middle market companies, to facilitate local business
29 compliance with the federal, State, and local
30 environmental regulations.
31 (2) Coordinate and enter into cooperative
32 agreements with a State ombudsman office, which shall be
33 established in accordance with the federal 1990 Clean Air
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1 Act Amendments to provide direct oversight to the program
2 established under that Act.
3 (3) Enter into contracts, cooperative agreements,
4 and financing agreements and establish and collect
5 charges and fees necessary or incidental to the
6 performance of duties and the execution of powers under
7 this Section.
8 (4) Accept and expend, subject to appropriation,
9 gifts, grants, awards, funds, contributions, charges,
10 fees, and other financial or nonfinancial aid from
11 federal, State, and local governmental agencies,
12 businesses, educational agencies, not-for-profit
13 organizations, and other entities, for the purposes of
14 this Section.
15 (5) Establish, staff, and administer programs and
16 services and adopt such rules and regulations as may be
17 necessary to carry out the intent of this Section and
18 Section 507, "Small Business Stationary Source Technical
19 and Environmental Compliance Assistance Program", of the
20 federal 1990 Clean Air Act Amendments.
21 (c) The Department's environmental compliance programs
22 and services for businesses may include, but need not be
23 limited to, the following:
24 (1) Communication and outreach services to or on
25 behalf of individual companies, including collection and
26 compilation of appropriate information on regulatory
27 compliance issues and control technologies, and
28 dissemination of that such information through
29 publications, direct mailings, electronic communications,
30 conferences, workshops, one-on-one counseling, and other
31 means of technical assistance.
32 (2) Provision of referrals and access to technical
33 assistance, pollution prevention and facility audits, and
34 otherwise serving as an information clearinghouse on
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1 pollution prevention through the coordination of the
2 Hazardous Waste Research and Information Center, a
3 division of the Department of Natural Resources. In
4 addition, environmental and regulatory compliance issues
5 and techniques, which may include business rights and
6 responsibilities, applicable permitting and compliance
7 requirements, compliance methods and acceptable control
8 technologies, release detection, and other applicable
9 information may be provided.
10 (3) Coordination with and provision of
11 administrative and logistical support to the State
12 Compliance Advisory Panel.
13 (d) There is hereby created a special fund in the State
14 treasury to be known as the Small Business Environmental
15 Assistance Fund. Monies received under subdivision (b)(4) of
16 this Section shall be deposited into the Fund.
17 Monies in the Small Business Environmental Assistance
18 Fund may be used, subject to appropriation, only for the
19 purposes authorized by this Section.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (20 ILCS 605/35-520 new)
22 (was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63)
23 Sec. 35-520. Grants to businesses in municipal central
24 business districts. 46.63. To award grants to businesses in
25 central business districts of municipalities to encourage and
26 assist the businesses business in maintaining their
27 operations its operation in those areas that area.
28 (Source: P.A. 87-156.)
29 (20 ILCS 605/35-525 new)
30 (was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55)
31 Sec. 35-525. Minority Controlled and Female Controlled
32 Business Loan Board. 46.55. There is hereby created a
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1 Minority Controlled and Female Controlled Businesses Loan
2 Board, hereinafter referred to as the Board, consisting of 6
3 members, appointed by the Governor with the advice and
4 consent of the Senate. No more than 3 members shall be of
5 the same political party. For the initial appointments to
6 the Board, 3 members shall be appointed to serve a 2 year
7 term and 3 members shall be appointed to serve a 4 year term.
8 Successor members shall serve for terms of 4 years.
9 The Board shall maintain an office in each of the
10 following areas: Alexander or Pulaski County, East St. Louis,
11 and the City of Chicago. For the purpose of this Act, the
12 terms "minority person", "female", "minority owned business"
13 and "female owned business" shall have the definitions of
14 those terms provided in Section 2 of the Business Enterprise
15 for Minorities, Females, and Persons with Disabilities Act
16 "An Act to create the Minority and Female Business Enterprise
17 Act", approved September 6, 1984.
18 The Board shall have the authority to make direct grants
19 and low interest loans to minority controlled businesses and
20 female controlled businesses in East St. Louis, the City of
21 Chicago, and either Alexander County or Pulaski County, from
22 appropriations for that purpose to the Department of Commerce
23 and Community Affairs. The Board shall establish and publish
24 guidelines to be followed in making the such grants and
25 loans.
26 Grant funds will be allowed to reimburse businesses for
27 expenses incurred in the preparation of proposals that are
28 accepted for loan assistance and; also, to maintain
29 administering offices in each of the 4 target areas. Loan
30 funds will be awarded at a cost of no more than 3% per annum
31 for up to 20 years to such businesses that are existing or
32 proposed.
33 (Source: P.A. 84-1308.)
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1 (20 ILCS 605/35-600 new)
2 (was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f)
3 Sec. 35-600. Buy Illinois Program. 46.19f. The
4 Department of Commerce and Community Affairs shall have the
5 authority to establish and administer a Buy Illinois Program,
6 which may include, but is not limited to, the following
7 powers and duties:
8 (1) To accept grants, loans, or appropriations from the
9 federal government or the State or any agency or
10 instrumentality thereof, and to assess fees for any services
11 performed under the Buy Illinois Program, to carry out the
12 program.
13 (2) To form a Buy Illinois Council, made up of Illinois
14 large firms and small firms, to provide advice and counsel in
15 directing a statewide program.
16 (3) To publicize and advertise to Illinois firms and
17 government agencies the importance and benefits of buying
18 goods and services provided by vendors located within the
19 State.
20 (4) To pecure the cooperation of Illinois' large firms,
21 federal, State and local governments, non-profit agencies,
22 international organizations, and others to carry out this
23 program.
24 (5) To match the needs for products and services by
25 business firms and government agencies with the capabilities
26 of small Illinois firms that can provide those such needed
27 goods and services.
28 (6) To hold purchasing agent seminars, fairs,
29 conferences and workshops to aid small Illinois businesses in
30 obtaining contracts for goods and services from larger firms
31 and government agencies to within the State.
32 (7) To assist business firms and government agencies to
33 analyze their buying activities and to find ways to carry out
34 those such activities in an effective and economical manner,
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1 while promoting subcontract activity with small Illinois
2 firms.
3 (8) To establish manual and electronic buying
4 directories, including stand alone computer data bases that
5 list qualified vendors and procurement opportunities.
6 (9) To promote through other means the use by
7 international agencies, government agencies, and larger
8 businesses of products and services produced by small
9 Illinois firms.
10 (10) To subcontract, grant funds, or otherwise
11 participate with qualified private firms, existing
12 procurement centers, or other organizations that have
13 designed programs approved in accordance with procedures as
14 determined by the Department, that which are aimed at
15 assisting small Illinois firms in obtaining contracts for
16 products and services from local government agencies and
17 larger Illinois businesses.
18 (11) To develop and administer guidelines for projects
19 that provide assistance to the Department in connection with
20 the Buy Illinois Program.
21 (Source: P.A. 85-975; 86-1475.)
22 (20 ILCS 605/35-605 new)
23 (was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57)
24 Sec. 35-605. Illinois Product and Services Exchange Act.
25 46.57. (a) This Section shall be known and may be cited as
26 the "Illinois Product and Services Exchange Act".
27 (b) It is hereby found and declared that many large
28 Illinois firms and government agencies are purchasing
29 products and services from vendors in locations other than
30 Illinois, and that there is a need to assist those such large
31 businesses and government agencies in locating Illinois
32 vendors who can provide those such products and services of
33 equal quality and at comparable or lower costs; it is further
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1 found and declared that the purchase of needed products and
2 services within the State by large firms and government
3 agencies would aid the survival and expansion of small
4 businesses in Illinois and help to strengthen the State's
5 economy.
6 (c) As used in this Section, "Illinois Product and
7 Services Exchange" means a program aimed at promoting the
8 purchase of goods and services produced in Illinois by firms
9 and government agencies within the State.
10 (d) The Department shall have the authority to establish
11 and administer an Illinois Product and Services Exchange
12 Program, which may include, but is not limited to, the
13 following powers and duties:
14 (1) To accept grants, loans, or appropriations from
15 the federal government or the State or any agency or
16 instrumentality thereof, and to assess fees for any
17 services performed under the Illinois Product and
18 Services Exchange Program, to carry out the Program.;
19 (2) To form an Illinois Product and Services
20 Exchange Council, made up of Illinois large firms and
21 small firms to provide advice and counsel in directing a
22 statewide Product and Services Exchange Program.;
23 (3) To publicize and advertise to Illinois firms
24 and government agencies the importance and benefits of
25 buying goods and services provided by vendors located
26 within the State.;
27 (4) To secure the cooperation of Illinois' large
28 firms, federal, State, and local governments, non-profit
29 agencies, and others to carry out this program.;
30 (5) To match the needs for products and services of
31 business firms and government agencies with the
32 capabilities of small Illinois firms that can provide
33 those such needed goods and services.;
34 (6) To hold purchasing agent seminars, fairs,
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1 conferences, and workshops to aid small Illinois
2 businesses in obtaining contracts for goods and services
3 from larger firms and government agencies within the
4 State.;
5 (7) To assist business firms and government
6 agencies to analyze their buying activities and to find
7 ways to carry out those such activities in an effective
8 and economical manner, while promoting subcontract
9 activity with small Illinois firms.;
10 (8) To establish manual and electronic buying
11 directories, including stand alone computer data bases
12 that list qualified vendors and procurement
13 opportunities.;
14 (9) To promote through other means the use by
15 government agencies and large businesses of products and
16 services produced by small Illinois firms.;
17 (10) To subcontract, grant funds, or otherwise
18 participate with qualified private firms, existing
19 procurement centers, or other organizations that have
20 designed programs, approved in accordance with procedures
21 determined by the Department, that which are aimed at
22 assisting small Illinois firms obtain contracts for
23 products and services from local government agencies and
24 large Illinois businesses.; and
25 (11) To develop and administer guidelines for
26 projects that provide assistance to the Department in
27 connection with the Illinois Product and Services
28 Exchange Program.
29 (Source: P.A. 85-138.)
30 (20 ILCS 605/35-610 new)
31 (was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14)
32 Sec. 35-610. Assistance with foreign trade. 46.14. To
33 assist Illinois businesses to engage in, expand, and increase
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1 foreign trade.
2 (Source: Laws 1965, p. 1958.)
3 (20 ILCS 605/35-615 new)
4 (was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
5 Sec. 35-615. Assistance with exports. 46.19e. The
6 Department shall have the following duties and
7 responsibilities in regard to the Civil Administrative Code
8 of Illinois this Act:
9 (1) To (a) establish or cosponsor mentoring conferences,
10 utilizing experienced manufacturing exporters, to explain and
11 provide information to prospective export manufacturers and
12 businesses concerning the process of exporting to both
13 domestic and international opportunities.;
14 (2) To (b) provide technical assistance to prospective
15 export manufacturers and businesses seeking to establish
16 domestic and international export opportunities.;
17 (3) To (c) coordinate with the Department's Small
18 Business Development Centers to link buyers with prospective
19 export manufacturers and businesses.;
20 (4) To (d) promote, both domestically and abroad,
21 products made in Illinois in order to inform consumers and
22 buyers of their high quality standards and craftsmanship.;
23 (5) To (e) provide technical assistance toward
24 establishment of export trade corporations in the private
25 sector.;
26 (6) To (f) develop an electronic data base to compile
27 information on international trade and investment activities
28 in Illinois companies, provide access to research and
29 business opportunities through external data bases, and
30 connect this data base through international communication
31 systems with appropriate domestic and worldwide networks
32 users.;
33 (7) To (g) collect and distribute to foreign commercial
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1 libraries directories, catalogs, brochures, and other
2 information of value to foreign businesses considering doing
3 business in this State.;
4 (8) To (h) establish an export finance awareness program
5 to provide information to banking organizations about methods
6 used by banks to provide financing for businesses engaged in
7 exporting and about other State and federal programs to
8 promote and expedite export financing.; and
9 (9) To (i) undertake a survey of Illinois' businesses to
10 identify exportable products and the businesses interested in
11 exporting.
12 (Source: P.A. 85-975.)
13 (20 ILCS 605/35-620 new)
14 (was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24)
15 Sec. 35-620. Exports of professional services and
16 agricultural and manufactured products. 46.24. In cooperation
17 with the Department of Agriculture and the International
18 Trade and Port Promotion Advisory Committee, to (i) (a)
19 provide assistance to those manufacturing and service
20 companies that who desire to export agricultural machinery,
21 implements, equipment, other manufactured products, and
22 professional services; (ii) (b) encourage Illinois companies
23 to initiate exporting or increase their export sales of
24 agricultural and manufactured products; (iii) (c) cooperate
25 with agencies and instrumentalities of the federal government
26 in trade development activities in overseas markets; (iv) (d)
27 conduct the necessary research within Illinois and in
28 overseas markets in order to assist exporting companies; (v)
29 (e) promote the State of Illinois as a source of agricultural
30 and manufactured products through information and promotion
31 campaigns overseas; and (vi) (f) conduct an information
32 program for foreign buyers of Illinois agricultural and
33 manufactured products.
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1 (Source: P.A. 77-1335.)
2 (20 ILCS 605/35-625 new)
3 (was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25)
4 Sec. 35-625. Promotion of water ports and airport
5 facilities. 46.25. In cooperation with the Department of
6 Agriculture and the International Trade and Port Promotion
7 Advisory Committee, to (i) (a) establish a freight rate
8 information service for U.S. and foreign shippers; (ii) (b)
9 promote the advantages of Illinois water ports and existing
10 airport facilities through appropriate means and media in
11 this country and overseas; and (iii) (c) cooperate with the
12 export expansion projects and any other activity that results
13 in the additional flow of agricultural and manufactured
14 products through the Illinois water ports and existing
15 airport facilities.
16 (Source: P.A. 77-1335.)
17 (20 ILCS 605/35-630 new)
18 (was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26)
19 Sec. 35-630. Overseas offices. 46.26. In cooperation with
20 the Department of Agriculture and with the counsel of the
21 International Trade and Port Promotion Advisory Committee, to
22 establish overseas offices for (i) (a) the promotion of the
23 export of Illinois agricultural and manufactured products;
24 (ii) (b) representation of Illinois seaports; (iii) (c)
25 economic development; and (iv) (d) tourism promotion and
26 services.
27 (Source: P.A. 78-255.)
28 (20 ILCS 605/35-675 new)
29 (was 20 ILCS 605/46.66)
30 Sec. 35-675. 46.66. Exporter award program. The
31 Department shall establish and operate, in cooperation with
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1 the Department of Agriculture and the Illinois Development
2 Finance Authority, an annual awards program to recognize
3 Illinois-based exporters. In developing criteria for the
4 awards, the Department shall give consideration to the
5 exporting efforts of small and medium sized businesses,
6 first-time exporters, and other appropriate categories.
7 (Source: P.A. 88-100; 88-670, eff. 12-2-94.)
8 (20 ILCS 605/35-700 new)
9 (was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6)
10 Sec. 35-700. Tourism promotion. 46.6. To encourage and
11 promote tourism within the State.
12 (Source: Laws 1965, p. 1958.)
13 (20 ILCS 605/35-705 new)
14 (was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
15 Sec. 35-705. Grants to local tourism and convention
16 bureaus. 46.6a.
17 (a) (1) To establish a grant program for local tourism
18 and convention bureaus. The Department will develop and
19 implement a program for the use of funds, as authorized under
20 this Act, by local tourism and convention bureaus. For the
21 purposes of this Act, bureaus eligible to receive funds are
22 defined as those bureaus in legal existence as of January 1,
23 1985, that which are either a unit of local government or
24 incorporated as a not-for-profit organization, are affiliated
25 with at least one or more municipality or county, and employ
26 one full time staff person whose purpose is to promote
27 tourism. Each bureau receiving funds under this Act will be
28 certified by the Department as the designated recipient to
29 serve an area of the State. These funds may not be used in
30 support of the Chicago Worlds Fair.
31 (b) (2) To distribute grants to local tourism and
32 convention bureaus from appropriations made from the Local
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1 Tourism Fund for that purpose. Of the amounts appropriated
2 annually to the Department for expenditure under this
3 Section, 1/3 of those such monies shall be used for grants to
4 convention and tourism bureaus in cities with a population
5 greater than 500,000. The remaining 2/3 of the annual
6 appropriation shall be used for grants to those such bureaus
7 in the remainder of the State, in accordance with a formula
8 based upon the population served. The Department may reserve
9 up to 10% of that such remaining 2/3 of the funds
10 appropriated to conduct audits of grants, to provide
11 incentive funds to those bureaus that which will conduct
12 promotional activities designed to further the Department's
13 statewide advertising campaign, and to fund promotional
14 activities that which support an increased use of the State's
15 parks.
16 (Source: P.A. 88-465.)
17 (20 ILCS 605/35-710 new)
18 (was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
19 Sec. 35-710. Regional Tourism Councils. 46.6c. The
20 Department may, subject to appropriation, provide contractual
21 funding from the Tourism Promotion Fund for the
22 administrative costs of 4 not-for-profit Regional Tourism
23 Councils that assist the Department in promoting tourism
24 throughout a multi-county geographical area designated by the
25 Department. Regional Tourism Councils receiving funds under
26 this Section may be required by the Department to submit to
27 audits of contracts awarded by the Department to determine
28 whether the Regional Tourism Council has performed all
29 contractual obligations under those contracts.
30 Every employee of a Regional Tourism Council receiving
31 funds under this Section shall disclose to its governing
32 board and to the Department any economic interest that
33 employee may have in any entity with which the Regional
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1 Tourism Council has contracted with or to which the Regional
2 Tourism Council has granted funds.
3 (Source: P.A. 86-1481.)
4 (20 ILCS 605/35-715 new)
5 (was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59)
6 Sec. 35-715. 46.59. Advisory Committee; Tourism Promotion
7 Fund. There is created within the Department an Advisory
8 Committee of 11 persons, including 2 members of the Senate of
9 different political parties appointed by the President, 2
10 members of the House of Representatives of different
11 political parties appointed by the Speaker thereof, and 7
12 other persons, one of whom shall be a senior citizen 60 years
13 of age or over, appointed by the Governor. The members
14 appointed by the Governor may include, but are not limited
15 to, persons representing motels, hotels, restaurants,
16 airlines, railroads, bus lines, travel agencies, oil
17 companies and the communications industry. The appointments
18 shall be made as soon as possible after August 13, 1988, the
19 effective date of Public Act 85-1185 this amendatory Act of
20 1988. Members shall serve for terms of 2 years and until
21 their respective successors are appointed, except that
22 General Assembly members shall serve until their respective
23 successors are appointed or until termination of their
24 legislative service, whichever first occurs. Vacancies in
25 the membership in the Advisory Committee shall be filled in
26 the same manner as the original appointments.
27 The Advisory Committee shall elect a member of its own
28 group as chairman at the first meeting, which shall be called
29 by the Governor. The Advisory Committee shall meet at least
30 4 times in a calendar year at the call of the chairman. The
31 Advisory Committee shall advise in all matters relating to
32 the policy and administration of the Illinois Tourism
33 Promotion Fund. The Committee shall report to each regular
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1 session of the General Assembly its recommendations for
2 legislation in the field of the promotion of tourism and
3 related subjects in Illinois.
4 The requirements for reporting to the General Assembly
5 shall be satisfied by filing copies of the report as required
6 under Section 3.1 of "An Act to revise the law in relation to
7 the General Assembly Organization Act", approved February 25,
8 1874, as amended.
9 Members of the committee shall serve without compensation
10 but shall be reimbursed for necessary expenses incurred in
11 the performance of their duties.
12 (Source: P.A. 85-1185.)
13 (20 ILCS 605/35-720 new)
14 (was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16)
15 Sec. 35-720. Publicizing Illinois facilities and
16 attractions. 46.16. To encourage and assist the efforts of
17 other public and private organizations or groups of citizens
18 to publicize the facilities and attractions of Illinois.
19 (Source: Laws 1965, p. 1958.)
20 (20 ILCS 605/35-800 new)
21 (was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par.
22 46.19a)
23 Sec. 35-800. Training grants for skills in critical
24 demand. 46.19a.
25 (a) (1) Grants to provide training in fields affected by
26 critical demands for certain skills may be made as provided
27 in this Section subsection.
28 (b) (a) The Director of the Department may make grants
29 to eligible employers or to other eligible entities on behalf
30 of employers as authorized in subsection (c) paragraph (b) to
31 provide training for employees in fields for which there are
32 critical demands for certain skills.
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1 (c) (b) The Director may accept applications for
2 training grant funds and grant requests from: (i) entities
3 sponsoring multi-company eligible employee training projects
4 as defined in subsection (d) paragraph (c), including
5 business associations, strategic business partnerships,
6 institutions of secondary or higher education, large
7 manufacturers for supplier network companies, federal Job
8 Training Partnership Act administrative entities or grant
9 recipients, and labor organizations when those projects will
10 address common training needs identified by participating
11 companies; and (ii) individual employers that are undertaking
12 eligible employee training projects as defined in subsection
13 (d) paragraph (c), including intermediaries and training
14 agents.
15 (d) (c) The Director may make grants to eligible
16 applicants as defined in subsection (c) paragraph (b) for
17 employee training projects that include, but need not be
18 limited to, one or more of the following:
19 (1) (i) Training programs in response to new or
20 changing technology being introduced in the workplace.;
21 (2) (ii) Job-linked training that offers special
22 skills for career advancement or that is preparatory for,
23 and leads directly to, jobs with definite career
24 potential and long-term job security.;
25 (3) (iii) Training necessary to implement total
26 quality management or improvement or both management and
27 improvement systems within the workplace.;
28 (4) (iv) Training related to new machinery or
29 equipment.;
30 (5) (v) Training of employees of companies that are
31 expanding into new markets or expanding exports from
32 Illinois.;
33 (6) (vi) Basic, remedial, or both basic and
34 remedial training of employees as a prerequisite for
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1 other vocational or technical skills training or as a
2 condition for sustained employment.;
3 (7) (vii) Self-employment training of the
4 unemployed and underemployed with comprehensive,
5 competency-based instructional programs and services.;
6 and
7 (8) (viii) Other training activities or, projects,
8 or both training activities and projects, related to the
9 support, development, or evaluation of job training
10 programs, activities, and delivery systems, including
11 training needs assessment and design.
12 (e) (d) Grants shall be made on the terms and conditions
13 that the Department shall determine, provided, however, that
14 no grant made under the provisions of paragraph (c) of this
15 subsection (d) shall exceed 50% of the direct costs of all
16 approved training programs provided by the employer or the
17 employer's training agent or other entity as defined in
18 subsection (c) paragraph (b). Under this Section, allowable
19 costs include, but are not limited to:
20 (1) (i) Administrative costs of tracking,
21 documenting, reporting, and processing training funds or
22 project costs.;
23 (2) (ii) Curriculum development.;
24 (3) (iii) Wages and fringe benefits of employees.;
25 (4) (iv) Training materials, including scrap
26 product costs.;
27 (5) (v) Trainee travel expenses.;
28 (6) (vi) Instructor costs, including wages, fringe
29 benefits, tuition, and travel expenses.;
30 (7) (vii) Rent, purchase, or lease of training
31 equipment.; and
32 (8) (viii) Other usual and customary training
33 costs.
34 (f) (e) The Director shall ensure that periodic on-site
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1 grant monitoring visits are conducted by the Department
2 during the course of the grant period. The Department shall
3 verify that the grantee's financial management system is
4 structured to provide for accurate, current, and complete
5 disclosure of the financial results of the grant program in
6 accordance with all provisions, terms, and conditions
7 contained in the grant contract.
8 (g) (f) The Director may establish and collect a
9 schedule of charges from subgrantee entities and other system
10 users under federal job-training programs for participating
11 in and utilizing the Department's automated job-training
12 program information systems when the where such systems and
13 the necessary participation and utilization are is a
14 requirement of the federal job-training programs. All monies
15 collected pursuant to this subsection paragraph shall be
16 deposited into the Federal Job-Training Information Systems
17 Revolving Fund created in Section 35-805 subsection (5).
18 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
19 eff. 1-1-96; 89-507, eff. 7-1-97.)
20 (20 ILCS 605/35-805 new)
21 (was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par.
22 46.19a)
23 Sec. 35-805. Federal Job-Training Information Systems
24 Revolving Fund. (5) There is hereby created a special fund
25 in the State treasury to be known as the Federal Job-Training
26 Information Systems Revolving Fund. The deposit of monies
27 into this fund shall be limited to the collection of charges
28 pursuant to paragraph (f) of subsection (g) (1) of this
29 Section 35-800. The monies in the Fund may only be used,
30 subject to appropriation by the General Assembly, only for
31 the purpose of financing the maintenance and operation of the
32 automated Federal Job-Training Information Systems pursuant
33 to paragraph (f) of subsection (g) (1) of this Section
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1 35-800.
2 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
3 eff. 1-1-96; 89-507, eff. 7-1-97.)
4 (20 ILCS 605/35-810 new)
5 (was 20 ILCS 605/46.19a, subsec. (6)) (from Ch. 127, par.
6 46.19a)
7 Sec. 35-810. Reemployment of former employees. (6) When
8 the Department is involved in developing a federal or State
9 funded training or retraining program for any employer, the
10 Department will assist and encourage that employer in making
11 every effort to reemploy individuals previously employed at
12 the facility. Further, the Department will provide a list of
13 those said employees to the said employer for consideration
14 for reemployment and will report the results of this effort
15 to the Illinois Job Training Coordinating Council. This
16 requirement shall be in effect when all of the following
17 conditions are met:
18 (1) (a) The employer is reopening, or is proposing
19 to reopen, a facility that which was last closed during
20 the preceding 2 years.,
21 (2) (b) A substantial number of the persons who
22 were employed at the facility before its most recent
23 closure remain unemployed., and
24 (3) (c) The product or service produced by, or
25 proposed to be produced by, the employer at the facility
26 is substantially similar to the product or service
27 produced at the facility before its most recent closure.
28 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
29 eff. 1-1-96; 89-507, eff. 7-1-97.)
30 (20 ILCS 605/35-815 new)
31 (was 20 ILCS 605/46.19a, subsec. (7)) (from Ch. 127, par.
32 46.19a)
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1 Sec. 35-815. Unemployed and underemployed single parents.
2 (7) The Department, in cooperation with the Departments of
3 Human Services and Employment Security, may establish a
4 program to encourage community action agencies to establish
5 programs that will help unemployed and underemployed single
6 parents to identify, access, and develop, through such means
7 as counseling or mentoring, internal and external resources
8 that will enable those single parents to become emotionally
9 and financially self-sufficient. The intended primary
10 beneficiaries of the local programs shall be female heads of
11 households who are at least 22 but less than 46 years of age
12 and who are physically able to work but are unemployed or
13 underemployed. The Department may make grants, subject to
14 the availability of funding, to communities and local
15 agencies for the purpose of establishing local programs as
16 described in this Section subsection (7). A grant under this
17 Section subsection (7) shall be made for a period of one year
18 and may be renewed if the Department determines that the
19 program is successful in meeting its objectives. If the
20 Department determines that implementation of a program has
21 resulted in a savings of State moneys that otherwise would
22 have been paid to beneficiaries of the program, the
23 Department, on renewing a grant, may adjust the grant amount
24 for those demonstrated savings.
25 For purposes of this Section subsection, a person is
26 underemployed if his or her income from employment is less
27 than 185% of the federal official poverty income guideline.
28 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
29 eff. 1-1-96; 89-507, eff. 7-1-97.)
30 (20 ILCS 605/35-820 new)
31 (was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49)
32 Sec. 35-820. Public hearings on Job Training Partnership
33 Act plans and programs. 46.49. To require Service Delivery
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1 Areas established under the federal Job Training Partnership
2 Act to hold public hearings on the job training plans
3 developed for their respective jurisdictions pursuant to
4 Section 104 of the federal Job Training Partnership Act. The
5 Such public hearings shall be held by the Service Delivery
6 Areas prior to the submission of the job training plans to
7 the Department for review and approval or disapproval on
8 behalf of the Governor. The Department shall, as part of its
9 plan submission requirements, direct Service Delivery Areas
10 to submit evidence that the such hearings have been held.
11 The Department shall hold public hearings regarding those
12 Job Training Partnership Act programs set aside under that
13 Act for direct administration and implementation by the
14 Governor. The Such public hearings shall be held prior to the
15 submission of the Governor's Coordination and Special
16 Services Plan to the General Assembly for review and comment
17 and to the Governor for approval.
18 (Source: P.A. 83-1528.)
19 (20 ILCS 605/35-825 new)
20 (was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65)
21 Sec. 35-825. 46.65. Earnfare Program. The Department
22 shall, through the Job Training Partnership Act and local
23 private industry councils, provide job skills training, job
24 placement, client management, and supportive services for
25 Earnfare participants, using existing II-A funds.
26 (Source: P.A. 87-893.)
27 (20 ILCS 605/35-850 new)
28 (was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par.
29 46.32a)
30 Sec. 35-850. Labor-Management Cooperation Committee.
31 46.32a.
32 (a) The Department shall promote labor-management
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1 relations and provide assistance in the development of local
2 labor-management committees.
3 (b) In the Department there shall be a Labor-Management
4 Cooperation Committee composed of 12 public members appointed
5 by the Governor with the advice and consent of the Senate.
6 Six members shall represent executive level management of
7 businesses that employ labor union members, and 6 members
8 shall represent major labor union leadership. The Governor
9 shall designate 1 business representative and 1 labor
10 representative as cochairmen. Appointed members shall not be
11 represented at a meeting by another person. There shall be 6
12 ex officio nonvoting members: the Director of the Department,
13 who shall serve as Secretary, the Director of the Department
14 of Labor, the President of the Senate, the Minority Leader of
15 the Senate, the Speaker of the House of Representatives, and
16 the Minority Leader of the House of Representatives. Each ex
17 officio member shall serve during the term of his or her
18 office. Ex officio members may be represented by duly
19 authorized substitutes.
20 In making the initial public member appointments to the
21 Committee, 3 of the business representatives and 3 of the
22 labor union representatives shall be appointed for terms
23 expiring July 1, 1987. The remaining public members shall be
24 appointed for terms expiring July 1, 1988. Thereafter, public
25 members of the Committee shall be appointed for terms of 2
26 years expiring on July 1, or until their successors are
27 appointed and qualified. The Governor may at any time, with
28 the advice and consent of the Senate, make appointments to
29 fill vacancies for the balance of an unexpired term. Public
30 members shall serve without compensation, but shall be
31 reimbursed by the Department for necessary expenses incurred
32 in the performance of their duties. The Department shall
33 provide staff assistance to the Committee.
34 (c) The Committee shall have the following duties:
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1 (1) To improve communications between labor and
2 management on significant economic problems facing the
3 State.;
4 (2) To encourage and support the development of
5 local labor-management committees at the plant, industry
6 and area levels across the State.;
7 (3) To assess the progress of area labor-management
8 committees that have been formed across the State and
9 provide input to the Director of the Department
10 concerning matching grants to area labor-management
11 committees or other grant programs established in this
12 Act.;
13 (4) To convene a statewide conference on
14 labor-management concerns at least once every 2 years.;
15 (5) To issue a report on labor-management concerns
16 to the Governor and the General Assembly every 2 years
17 commencing in March of 1987. This report shall outline
18 the accomplishments of the Committee and specific
19 recommendations for improving Statewide labor-management
20 relations.
21 (Source: P.A. 88-456.)
22 (20 ILCS 605/35-855 new)
23 (was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par.
24 46.32a)
25 Sec. 35-855. Grants to local labor-management committes.
26 (a) (b) The Director, with the advice of the
27 Labor-Management Cooperation Committee, shall have the
28 authority to provide matching grants, grants, and other
29 resources to establish or assist area labor-management
30 committees and other projects that which serve to enhance
31 labor-management relations. The Department shall have the
32 authority, with the advice of the Labor-Management
33 Cooperation Committee, to award grants or matching grants in
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1 4 four areas as provided in subsections (b) through (e).:
2 (b) (1) At least 60% 60 percent of the annual
3 appropriation to the Department, for providing
4 labor-management grants and resources shall be awarded as
5 matching grants to existing local labor-management
6 committees. To be eligible for matching grants pursuant to
7 this subsection, local labor-management committees shall meet
8 all of the following criteria:
9 (1) (i) Be a formal, not-for-profit organization
10 structured for continuing service with voluntary
11 membership.;
12 (2) (ii) Be composed of labor and management
13 representatives.;
14 (3) (iii) Service a distinct and identifiable
15 geographic region.;
16 (4) (iv) Be staffed by a professional chief
17 executive officer.;
18 (5) (v) Have been established with the Department
19 for at least 2 two years.;
20 (6) (vi) Operate in compliance with rules set forth
21 by the Department with the advice of the Labor-Management
22 Cooperation Committee.; and
23 (7) (vii) Ensure that their its efforts and
24 activities are coordinated with relevant agencies,
25 including but not limited to the following:
26 Department of Commerce and Community Affairs
27 Illinois Department of Labor
28 Economic development agencies
29 Corridor councils
30 Planning agencies
31 Colleges, universities, and community colleges
32 U.S. Department of Labor
33 Statewide Job Training Partnership Act
34 Entities.
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1 Further, the purpose of the local labor-management
2 committees will include, but not be limited to, the
3 following:
4 (8) (i) Enhancing the positive labor-management
5 relationship within the State, region, community, and/or
6 work place.;
7 (9) (ii) Assisting in the retention, expansion, and
8 attraction of businesses and jobs within the State
9 through special training programs, gathering and
10 disseminating dissemination of information, and providing
11 assistance in local economic development efforts as
12 appropriate.;
13 (10) (iii) Creating and maintaining a regular
14 nonadversarial forum for ongoing dialogue between labor
15 and management representatives to discuss and resolve
16 issues of mutual concern outside the realm of the
17 traditional collective bargaining process.;
18 (11) (iv) Acting as an intermediary for initiating
19 local programs between unions and employers that which
20 would generally improve economic conditions in a region.;
21 (12) (v) Encouraging, assisting, and facilitating
22 the development of work-site and industry
23 labor-management committees in the region.
24 Any local labor-management committee meeting these
25 criteria may apply to the Department for annual matching
26 grants, providing that the local committee contributes at
27 least 25% 25 percent in matching funds, of which no more than
28 50% 50 percent shall be "in-kind" services. Funds received
29 by a local committee pursuant to this subsection shall be
30 used for the ordinary operating expenses of the local
31 committee.
32 (c) (2) Up to 20% 20 percent of the annual appropriation
33 to the Department for providing labor-management grants and
34 resources may be awarded as matching grants to local
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1 labor-management committees that which do not meet all of the
2 eligibility criteria set forth in subsection (b) (1).
3 However, to be eligible to apply for a grant under this
4 subsection (c), the local labor-management committee, at a
5 minimum, shall meet all of the following criteria:
6 (1) (i) Be composed of labor and management
7 representatives.;
8 (2) (ii) Service a distinct and identifiable
9 geographic region.;
10 (3) (iii) Operate in compliance with the rules set
11 forth by the Department with the advice of the
12 Labor-Management Cooperation Committee.; and
13 (4) (iv) Ensure that its efforts and activities are
14 directed toward enhancing the labor-management
15 relationship within the State, region, community, and/or
16 work place.
17 Any local labor-management committee meeting these
18 criteria may apply to the Department for an annual matching
19 grant, providing that the local committee contributes at
20 least 25% 25 percent in matching funds of which no more than
21 50% 50 percent shall be "in-kind" services. Funds received
22 by a local committee pursuant to this paragraph (2) of
23 subsection (c) (b) of this Section shall be used for the
24 ordinary and operating expenses of the local committee.
25 Eligible committees shall be limited to 3 three years of
26 funding under this subsection. With respect to those
27 committees participating in this program prior to enactment
28 of this amendatory Act of 1988 that which fail to qualify
29 under paragraph (1) of this subsection (c) (b) of this
30 Section, previous years' funding shall be counted in
31 determining whether those committees have reached their
32 funding limit under this paragraph (2).
33 (d) (3) Up to 10% 10 percent of the annual appropriation
34 to the Department for providing labor-management grants and
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1 resources may be awarded as grants to develop and conduct
2 specialized education and training programs of direct benefit
3 to representatives of labor, management, labor-management
4 committees and/or their staff. The type of education and
5 training programs to be developed and offered will be
6 determined and prioritized annually by the Department, with
7 the advice of the Labor-Management Cooperation Committee.
8 The Department will develop and issue an annual request for
9 proposal detailing the program specifications.
10 (e) (4) Up to 10% 10 percent of the annual appropriation
11 to the Department for providing labor-management grants and
12 resources may be awarded as grants for research and
13 development projects related to labor-management issues. The
14 Department, with the advice of the Labor-Management
15 Cooperation Committee, will develop and prioritize annually
16 the type and scope of the research and development projects
17 deemed necessary.
18 (f) The Department is authorized to establish
19 applications and, application procedures and promulgate any
20 rules deemed necessary in the administration of the such
21 grants.
22 (Source P.A. 88-456.)
23 (20 ILCS 605/35-860 new)
24 (was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par.
25 46.32a)
26 Sec. 35-860. Office of Labor-Management Cooperation.
27 (c) To administer the grant programs created by this Law
28 Act, the Department shall establish an Office of
29 Labor-Management Cooperation. The purpose of this office
30 shall include, but not be limited to the following:
31 (1) To administer the grant programs, including
32 developing grant applications and requests for proposals
33 proposal, program monitoring, and evaluation.
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1 (2) To serve as State liaison with other state,
2 regional and national organizations devoted to promoting
3 labor-management cooperation; and to disseminate
4 disseminating pertinent information secured through these
5 State, regional, and national affiliations to local
6 labor-management committees, the Labor-Management
7 Cooperation Committee, and other interested parties
8 throughout the State.
9 (3) To provide technical assistance to area,
10 industry, or work-site labor-management committees as
11 requested.
12 (4) To serve as a clearinghouse for information
13 related to labor-management cooperation.
14 (5) To serve as a catalyst to developing and
15 strengthening a partnership among local, State, regional,
16 and national organizations and agencies devoted to
17 enhancing labor-management cooperation.
18 (6) To provide any other programs or services that
19 which enhance labor-management cooperation within the
20 State of Illinois as determined by the Director with the
21 advice of the Labor-Management Cooperation Committee.
22 (Source: P.A. 88-456.)
23 (20 ILCS 605/35-875 new)
24 (was 20 ILCS 605/46.68)
25 Sec. 35-875. 46.68. Safety loan program.
26 (a) The Department of Commerce and Community Affairs may
27 develop and implement a small business safety loan program to
28 allow employers the opportunity to improve workplace safety.
29 The loans shall be made from appropriations for that purpose.
30 The loans shall be secured by adequate collateral, may be for
31 a term of no more than 5 years, and may bear interest at a
32 discounted rate. The Department shall promulgate all
33 necessary rules to implement the program.
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1 (b) Any loan made under this Section shall: (1) be made
2 only if an on-site safety and health consultation and
3 recommendations for correction have been completed by the
4 Department's Industrial Service Division; and (2) finance no
5 more than $50,000 or 80% of the total project and no less
6 than $10,000.
7 (c) The Illinois Safety Revolving Loan Fund is created
8 as a separate fund within the State treasury.
9 The purpose of the Fund is to provide loans to and
10 finance administration of loans to small businesses in
11 Illinois.
12 There shall be deposited into the Fund amounts including,
13 but not limited to, the following:
14 (1) All receipts, including dividends, principal,
15 and interest payments from any applicable loan agreement
16 made from the Fund or from direct appropriations.;
17 (2) All proceeds of assets of whatever nature
18 received by the Department as a result of default or
19 delinquency with respect to loan agreements made from the
20 Fund or from direct appropriations by the General
21 Assembly, including proceeds from the sale, disposal,
22 lease, or rental of real or personal property that the
23 Department may have received as a result of the default
24 or delinquency.;
25 (3) Any appropriations, grants, or gifts made to
26 the Fund.; and
27 (4) Any income received from interest on
28 investments of moneys in the Fund.
29 (d) The implementation of or continuation of this
30 program during any fiscal year is dependent upon federal
31 funding, through the Department of Labor, committed to the
32 Onsite Safety and Health Consultation Program prior to the
33 beginning of that fiscal year.
34 (Source: P.A. 89-423, eff. 6-1-96.)
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1 (20 ILCS 605/35-900 new)
2 (was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b)
3 Sec. 35-900. Construction loans to local governments for
4 revenue producing capital facilities. 46.6b. To make loans to
5 units of local government for construction of revenue
6 producing capital facilities, subject to the such terms and
7 conditions condition as it deems necessary to ensure
8 repayment.
9 (Source: P.A. 85-552.)
10 (20 ILCS 605/35-905 new)
11 (was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b)
12 Sec. 35-905. Grants to local governments in connection
13 with federal prisons. 46.41b. To make grants to units of
14 local government for (i) land acquisition and all necessary
15 improvements upon or related thereto for the purpose of
16 facilitating the location of federal prisons in Illinois and
17 (ii) for the development of industrial or commercial parks,
18 or both, that which are adjacent to or abut any federal
19 prison constructed in Illinois after January 9, 1990 (the
20 effective date of Public this amendatory Act 86-1017) of
21 1989.
22 (Source: P.A. 86-1017.)
23 (20 ILCS 605/35-910 new)
24 (was 20 ILCS 605/46.56) (from Ch. 127, par. 46.56)
25 Sec. 35-910. Grants to municipalities for site
26 development along waterways. 46.56. In cooperation with the
27 Department of Transportation, to make grants and provide
28 financial assistance to municipalities for site development
29 along waterways in order to promote commercial and industrial
30 development.
31 (Source: P.A. 84-1124.)
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1 (20 ILCS 605/35-915 new)
2 (was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45)
3 Sec. 35-915. Assisting local governments to achieve lower
4 borrowing costs. 46.45. To cooperate with the Illinois
5 Development Finance Authority in assisting local governments
6 to achieve overall lower borrowing costs and more favorable
7 terms under Sections 7.50 through 7.61 of the Illinois
8 Development Finance Authority Act, including using the
9 Department's federally funded Community Development
10 Assistance Program for those such purposes.
11 (Source: P.A. 83-1367.)
12 (20 ILCS 605/35-920 new)
13 (was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47)
14 Sec. 35-920. Assisting local governments; debt
15 management, capital facility planning, infrastructure.
16 46.47. To provide, in cooperation with the Illinois
17 Development Finance Authority, technical assistance to local
18 governments with respect to debt management and bond
19 issuance, capital facility planning, infrastructure
20 financing, infrastructure maintenance, fiscal management, and
21 other infrastructure areas.
22 (Source: P.A. 83-1367.)
23 (20 ILCS 605/35-925 new)
24 (was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48)
25 Sec. 35-925. Helping local governments reduce
26 inrastructure costs. 46.48. To develop and recommend to the
27 Governor and the General Assembly, in cooperation with the
28 Illinois Development Finance Authority and local governments,
29 methods and techniques that can be used to help local
30 governments reduce their public infrastructure costs,
31 including strengthened local financial management, user fees,
32 and other appropriate options.
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1 (Source: P.A. 83-1367.)
2 (20 ILCS 605/35-930 new)
3 (was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27)
4 Sec. 35-930. Assisting home rule units; composite bond
5 issues for mortgages. 46.27. At the request of any home rule
6 unit, to assist the such home rule unit in providing
7 composite bond issues for mortgages in order to enable the
8 such home rule unit to benefit from the federal allocation of
9 tax exempt mortgage revenue bonds authorized under the
10 federal "Mortgage Subsidy Bond Tax Act of 1981" (Title XI of
11 Public Law 96-499), as now or hereafter amended.
12 (Source: P.A. 83-651.)
13 (20 ILCS 605/35-935 new)
14 (was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32)
15 Sec. 35-935. Referrals to State universities for special
16 economic problems. 46.32. To encourage the establishment,
17 with the assistance of the Board of Higher Education, of a
18 system for referring representatives of communities in which
19 there exist special economic problems and opportunities to
20 the most appropriate State university for assistance. The
21 Department may also cooperate with the universities in
22 providing advice and assistance to communities or groups of
23 citizens seeking to offset the economic impact of the removal
24 or termination of substantial industrial or commercial
25 operations.
26 (Source: P.A. 81-835; 81-1509.)
27 (20 ILCS 605/35-940 new)
28 (was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
29 Sec. 35-940. Clearing house for local government
30 problems; aid with financial and administrative matters.
31 46.37. The Department shall provide for a central clearing
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1 house for information concerning local government problems
2 and various solutions to those problems and shall assist and
3 aid local governments of the State in matters relating to
4 budgets, fiscal procedures, and administration. In performing
5 this responsibility the Department shall have the power and
6 duty to do the following:
7 (1) (a) Maintain communication with all local
8 governments and assist them, at their request, to improve
9 their administrative procedures and to facilitate
10 improved local government and development.;
11 (2) (b) Assemble and disseminate information
12 concerning State and federal programs, grants, gifts, and
13 subsidies available to local governments and to provide
14 counsel and technical services and other assistance in
15 applying for those such programs, grants, gifts, and
16 subsidies.;
17 (3) (c) Assist in coordinating activities by
18 obtaining information, on forms provided by the
19 Department or by receipt of proposals and applications,
20 concerning State and federal assisted programs, grants,
21 gifts, and subsidies applied for and received by all
22 local governments.;
23 (4) (d) Provide direct consultative services to
24 local governments upon request and provide staff services
25 to special commissions, the Governor, or the General
26 Assembly or its committees.;
27 (5) (e) Render advice and assistance with respect
28 to the establishment and maintenance of programs for the
29 training of local government officials and other
30 personnel, including programs of intergovernmental
31 exchange of personnel.;
32 (6) (f) To Act as the official State agency for the
33 receipt and distribution of federal funds that which are
34 or may be provided to the State on a flat grant basis for
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1 distribution to local governments or in the event federal
2 law requires a State agency to implement programs
3 affecting local governments and for State funds that
4 which are or may be provided for the use of local
5 governments unless otherwise provided by law.;
6 (7) (g) To Administer such laws relating to local
7 government affairs as the General Assembly may direct.;
8 (8) (h) Provide all advice and assistance to
9 improve local government administration, ensure to insure
10 the economical and efficient provision of local
11 government services, and to make the Civil Administrative
12 Code of Illinois this Act effective.;
13 (9) (i) Give advice and counsel on fiscal problems
14 of local governments of the State to those such local
15 governments.;
16 (10) (j) Prepare uniform budgetary forms for use by
17 the local governments of the State.;
18 (11) (k) Assist and advise the local governments of
19 the State in matters pertaining to budgets, appropriation
20 requests and ordinances, the determination of property
21 tax levies and rates, and other matters of a financial
22 nature.;
23 (12) (l) Be a repository for financial reports and
24 statements required by law of local governments of the
25 State, and publish financial summaries of those reports
26 and statements. thereof;
27 (13) (m) At the request of local governments,
28 provide assistance in preparing bond issues, review
29 bonding proposals, and assist in marketing bonds, and
30 provide by January 1, 1985, model forms for the
31 disclosure of all information of significance to
32 potential purchasers of long or short term debt of local
33 governments and all information required to be disclosed
34 in connection with the sale of long or short term debt by
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1 local governments.;
2 (14) (n) Prepare proposals and advise on the
3 investment of idle local government funds.;
4 (15) (o) Administer the program of grants, loans,
5 and loan guarantees under the federal Public Works and
6 Economic Development Act of 1965, as amended, 42 U.S.C.
7 3121 and following et seq., and to receive and disburse
8 State and federal funds provided for that program and
9 moneys received as repayments of loans made under the
10 program.;
11 (16) (p) After January 1, 1985, upon the request of
12 local governments, to prepare and provide model financial
13 statement forms designed to communicate to taxpayers,
14 service consumers, voters, government employees, and news
15 media, in a non-technical manner, all significant
16 financial information regarding a particular local
17 government, and to prepare and provide to local
18 governments a summary of local governments' obligations
19 concerning the adoption of an annual operating budget.
20 The which summary shall be set forth in a non-technical
21 manner and shall be designed principally for distribution
22 to, and the use of, taxpayers, service consumers, voters,
23 government employees, and news media.
24 (Source: P.A. 83-1362.)
25 (20 ILCS 605/35-945 new)
26 (was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38)
27 Sec. 35-945. Development of safe and decent housing.
28 46.38. The Department shall foster the development of safe
29 and decent housing for Illinois citizens and shall perform
30 all duties provided by law. In performing this responsibility
31 the Department shall have the power and duty to do the
32 following:
33 (1) (a) Coordinate and, wherever provided by law,
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1 to supervise or administer the several programs of State
2 and federal assistance and grants related to housing and
3 urban renewal, including but not limited to housing,
4 redevelopment, urban renewal, urban planning assistance,
5 building codes, building code enforcement, housing codes,
6 housing code enforcement, area development,
7 revitalization of central city cores, mass
8 transportation, public works ,and community facilities,
9 and to furnish technical assistance on any program of
10 housing and urban renewal.;
11 (2) (b) To Exercise the rights, powers, and duties
12 provided in sub-paragraphs (1), (2), (3), (4), (5), (6),
13 (7), (8), (9), (10), and (12) of Section 35-115. 46.36 of
14 this Act;
15 (3) (c) To Perform such other duties that as may be
16 necessary to implement applicable law and to ensure
17 insure orderly administration of the Department.
18 (Source: P.A. 81-1509.)
19 (20 ILCS 605/35-950 new)
20 (was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a)
21 Sec. 35-950. Federal funds for housing. 46.38a. The
22 Department of Commerce and Community Affairs is authorized to
23 receive and distribute federal funds to foster safe and
24 decent housing and for reimbursement of social service
25 expenses in connection with emergency shelter for the
26 homeless.
27 (Source: P.A. 85-1021.)
28 (20 ILCS 605/35-990 new)
29 (was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a)
30 Sec. 35-990. Notice of legislation affecting local
31 governments. 46.37a. Beginning on March 1, 1984 and annually
32 thereafter, the Department shall notify each county,
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1 municipality, and township of all State legislation that
2 which has taken effect during the preceding 12 months that
3 which in the Department's view directly affects or has
4 significant impact upon the functioning of local governments.
5 Notice shall be provided by delivering, by mail or otherwise,
6 to each such unit of local government a listing of the
7 legislation.
8 (Source: P.A. 83-915.)
9 (20 ILCS 605/35-995 new)
10 (was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40)
11 Sec. 35-995. Contracts to perform functions at request of
12 local governments. 46.40. The Director may contract on behalf
13 of the Department, at the request of the corporate
14 authorities of any municipality, if the proposed function
15 takes place within the such municipality, or at the request
16 of the corporate authorities of the county, if the proposed
17 function takes place in an unincorporated area, with any
18 person, firm, or corporation to perform any of the functions
19 provided herein, within the corporate limits as provided in
20 this Section. The Department shall not expend State funds on
21 a contractual basis for those such functions unless those
22 functions and expenditures are expressly authorized by the
23 General Assembly.
24 (a) All contracts entered into by the Director shall
25 provide for annual audits and reports of activities conducted
26 under terms of the contract, unless more frequently requested
27 by the Director. The Director shall take such other steps as
28 are necessary to ensure insure the proper discharge of
29 contract responsibilities.;
30 (b) The Department shall promulgate rules and
31 regulations concerning the Department's operations or
32 programs established to meet these purposes.
33 (Source: P.A. 81-1509.)
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1 (20 ILCS 805/Art. 40 heading new)
2 ARTICLE 40. DEPARTMENT OF NATURAL
3 RESOURCES (CONSERVATION)
4 (20 ILCS 805/40-1 new)
5 Sec. 40-1. Article short title. This Article 40 of the
6 Civil Administrative Code of Illinois may be cited as the
7 Department of Natural Resources (Conservation) Law.
8 (20 ILCS 805/40-5 new)
9 Sec. 40-5. Definitions. In this Law:
10 "Department" means the Department of Natural Resources.
11 "Director" means the Director of Natural Resources.
12 (20 ILCS 805/40-10 new)
13 (was 20 ILCS 805/63a) (from Ch. 127, par. 63a)
14 Sec. 40-10. Department's powers, generally. 63a. The
15 Department of Natural Resources has the powers enumerated in
16 the following Sections 63a1 through 63b2.8.
17 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
18 (20 ILCS 805/40-15 new)
19 (was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37)
20 Sec. 40-15. Rules and regulations. The Department has
21 the power 63a37. to adopt and enforce rules and regulations
22 necessary to the performance of its statutory duties.
23 (Source: P.A. 84-437.)
24 (20 ILCS 805/40-20 new)
25 (was 20 ILCS 805/63b2.7) (from Ch. 127, par. 63b2.7)
26 Sec. 40-20. Disposition of monies in All-terrain Vehicle
27 Safety Act Fund. The Department has the power 63b2.7. to
28 expend monies in the All-terrain Vehicle Safety Act Fund
29 pursuant to appropriation for the purposes of refunding
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1 registration fees paid under the All-terrain Vehicle Safety
2 Act and other expenses associated with the termination of the
3 Fund and the repeal of the All-terrain Vehicle Safety Act
4 through June 30, 1991, and to direct the State Comptroller
5 and State Treasurer to transfer the remaining balance in the
6 Fund on July 1, 1991, to the Motor Fuel Tax Fund.
7 (Source: P.A. 86-1091.)
8 (20 ILCS 805/40-25 new)
9 (was 20 ILCS 805/63b2.8)
10 Sec. 40-25. 63b2.8. Public benefit certification. The
11 Department has the power to certify whether land encumbered
12 by a conservation right provides a demonstrated public
13 benefit for purposes of reduced land valuation in accordance
14 with Section 10-167 of the Property Tax Code.
15 (Source: P.A. 88-657, eff. 1-1-95.)
16 (20 ILCS 805/40-30 new)
17 (was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38)
18 Sec. 40-30. Illinois Conservation Corps; Illinois Youth
19 Recreation Corps. The Department has the power 63a38. to
20 administer the Illinois Conservation Corps Program and the
21 Illinois Youth Recreation Corps Program created by the
22 "Illinois Youth and Young Adult Employment Act of 1986",
23 enacted by the 84th General Assembly, and to promulgate rules
24 and regulations for the administration of the programs.
25 (Source: P.A. 84-1430.)
26 (20 ILCS 805/40-35 new)
27 (was 20 ILCS 805/63a40)
28 Sec. 40-35. 63a40. Adopt-A-River program. The
29 Department has the power to establish and maintain
30 Adopt-A-River programs with individual or group volunteers in
31 an effort to encourage and facilitate volunteer group
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1 involvement in litter cleanup in and along portions of rivers
2 and streams located in State parks and park lands. These
3 programs shall include but not be limited to the following:
4 (1) Providing and coordinating services by
5 volunteers to reduce the amount of litter including
6 providing trash bags and trash bag pickup and, where
7 necessary, providing briefings on safety procedures.
8 (2) Providing and installing signs identifying
9 those volunteers participating in the Adopt-A-River
10 program in particular parks and park lands.
11 The State and the Department of Natural Resources
12 Conservation and its employees are not liable for any damages
13 or injury suffered by any person resulting from his or her
14 participation in the program or from the actions or
15 activities of the volunteers.
16 (Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
17 revised 8-19-96.)
18 (20 ILCS 805/40-40 new)
19 (was 20 ILCS 805/63a41)
20 Sec. 40-40. 63a41. Establishment of Adopt-A-Park
21 program. The Department of Natural Resources Conservation
22 may establish and maintain Adopt-A-Park programs with
23 individual or group volunteers in an effort to reduce and
24 remove litter from parks and park lands. These programs
25 shall include but not be limited to the following:
26 (1) Providing and coordinating services by
27 volunteers to reduce the amount of litter, including
28 providing trash bags and trash bag pickup and, in
29 designated areas where volunteers may be in close
30 proximity to moving vehicles, providing safety briefings
31 and reflective safety gear.
32 (2) Providing and installing signs identifying
33 those volunteers adopting particular parks and park
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1 lands.
2 (Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
3 revised 8-19-96.)
4 (20 ILCS 805/40-100 new)
5 (was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1)
6 Sec. 40-100. Conservation of fish and game. The
7 Department has the power 63a1. to take all measures necessary
8 for the conservation, preservation, distribution,
9 introduction, propagation, and restoration of fish, mussels,
10 frogs, turtles, game, wild animals, wild fowls, and birds.
11 (Source: Laws 1967, p. 1088.)
12 (20 ILCS 805/40-105 new)
13 (was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2)
14 Sec. 40-105. Conservation of fauna and flora. The
15 Department has the power 63a2. to take all measures necessary
16 for the conservation, preservation, distribution,
17 introduction, propagation, and restoration of the fauna and
18 flora, except where other laws designate responsibilities
19 specifically to other governmental agencies. The Director
20 and authorized employees of the Department may expend such
21 sums as the Director deems necessary to purchase any fauna
22 and flora or parts thereof protected by the Department for
23 use as evidence of a violation of the Fish and Aquatic Life
24 Code, the Wildlife Code, or any other Act administered by the
25 Department, and may employ persons to obtain that such
26 evidence. The Director is authorized to establish
27 investigative cash funds for the purpose of purchasing
28 evidence or financing any investigation of persons suspected
29 of having violated those such Acts. The Such investigative
30 cash funds shall be operated and maintained on the imprest
31 system, and no such fund shall exceed $10,000. The
32 Department is authorized to deposit the such money in a
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1 locally held bank account. The Such funds to be expended
2 shall come from public donations, proceeds from the sale of
3 flora and fauna no longer or not needed as evidence that were
4 purchased with investigative cash funds, and appropriations
5 to the Department for contractual services.
6 (Source: P.A. 87-798; 87-895.)
7 (20 ILCS 805/40-110 new)
8 (was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3)
9 Sec. 40-110. Statistics relating to fauna and flora.
10 The Department has the power 63a3. to collect and publish
11 statistics relating to the fauna and flora.
12 (Source: Laws 1967, p. 1088.)
13 (20 ILCS 805/40-115 new)
14 (was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4)
15 Sec. 40-115. Conservation information. The Department
16 has the power 63a4. to acquire and disseminate information
17 concerning the propagation and conservation of the fauna and
18 flora, and the activities of the Department and the
19 industries affected by conservation and propagation.
20 (Source: Laws 1967, p. 1088.)
21 (20 ILCS 805/40-120 new)
22 (was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5)
23 Sec. 40-120. Pollution prevention. The Department has
24 the power 63a5. to exercise all rights, powers, and duties
25 conferred by law and to take such measures that as are
26 necessary for the prevention of pollution of and engendering
27 of sanitary and wholesome conditions in rivers, lakes,
28 streams, and other waters in this State that as will promote,
29 protect, and conserve fauna and flora and to work in
30 conjunction with any other department of State government
31 that is as shall be proceeding to prevent stream and water
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1 pollution.
2 (Source: Laws 1967, p. 1088.)
3 (20 ILCS 805/40-125 new)
4 (was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1)
5 Sec. 40-125. Agreements with federal agencies. 63b1.
6 The Department has of Natural Resources shall have the power
7 and authority to enter into agreements with appropriate
8 federal agencies in order to better effect cooperative
9 undertakings in the conservation, preservation, distribution,
10 and propagation of fish, mussels, frogs, turtles, game, wild
11 animals, wild fowls, birds, trees, plants, and forests.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (20 ILCS 805/40-130 new)
14 (was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8)
15 Sec. 40-130. Conservation of forests. The Department
16 has the power 63a8. to take such measures for the promotion
17 of planting, encouragement, protection, and conservation of
18 forests and to promote forestry in this State, including but
19 not limited to reforestation, woodland management, fire
20 management, and forest marketing and utilization, to exercise
21 the rights, powers, and duties in relation thereto that are
22 as may be conferred by law, to promote sound forestry
23 management as described by the "Illinois Forestry Development
24 Act", and to carry out the functions ascribed to the
25 Department by that Act.
26 (Source: P.A. 85-150.)
27 (20 ILCS 805/40-200 new)
28 (was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1)
29 Sec. 40-200. Property given in trust. The Department
30 has the power 63a13-1. to accept, hold, maintain, and
31 administer, as trustee, property given in trust for
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1 educational, recreational, or historic purposes for the
2 benefit of the People of the State of Illinois and to dispose
3 of that such property pursuant to the terms of the instrument
4 creating the trust.
5 (Source: Laws 1968, p. 148.)
6 (20 ILCS 805/40-205 new)
7 (was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29)
8 Sec. 40-205. Acquiring real property subject to life
9 estate. The Department has the power 63a29. to acquire, for
10 purposes authorized by law, any real property in fee simple
11 subject to a life estate in the seller in not more than 3
12 acres of the real property acquired, subject to the
13 restrictions that the life estate shall be used for
14 residential purposes only and that it shall be
15 non-transferable.
16 (Source: P.A. 79-332.)
17 (20 ILCS 805/40-210 new)
18 (was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33)
19 Sec. 40-210. Purchasing land for State parks. The
20 Department has the power 63a33. to purchase land for State
21 park purposes by contract for deed under the terms and
22 restrictions of Section 2 of the "An Act in relation to the
23 acquisition, control, maintenance, improvement and protection
24 of State Parks Act and nature preserves", approved June 26,
25 1925, as now or hereafter amended. The Such purchase
26 restrictions under that Act thereunder shall include and take
27 into consideration any purchases by contract for deed under
28 Sections 40-205, 40-215, 40-225, 40-230, and 40-255 63a10,
29 63a17, 63a18, 63a19 and 63a29 of this Act.
30 (Source: P.A. 81-554; 81-1509.)
31 (20 ILCS 805/40-215 new)
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1 (was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17)
2 Sec. 40-215. Acquiring jurisdiction over federal
3 government lands. The Department has the power 63a17. to
4 acquire jurisdiction by lease, purchase, contract, or
5 otherwise, over any lands held by or otherwise under the
6 jurisdiction of the federal government for the purpose of
7 carrying out any power or duty conferred upon the Department
8 and to locate, relocate, construct, and maintain roadways and
9 parking areas on those such lands and to supply all
10 facilities necessary for public use of the areas.
11 (Source: Laws 1967, p. 1088.)
12 (20 ILCS 805/40-220 new)
13 (was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34)
14 Sec. 40-220. Historic structures. The Department has
15 the power 63a34. to lease or purchase any lands or
16 structures for the purpose of restoring, renovating, and
17 maintaining structures of historic significance that which
18 are listed in the Illinois or National Register of Historic
19 Places for public use; to acquire all necessary property or
20 rights-of-way for the purpose of providing access to those
21 such structures; and to construct buildings or such other
22 facilities as the Department deems necessary or desirable for
23 maximum utilization of those such facilities for public use.
24 However, any structures obtained for the purpose of being
25 used as State office facilities shall be subject to the
26 authority of the Department of Central Management Services,
27 and any leases for those such facilities shall be negotiated
28 and executed by the Department of Central Management
29 Services.
30 (Source: P.A. 83-282.)
31 (20 ILCS 805/40-225 new)
32 (was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19)
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1 Sec. 40-225. Conservation of natural or scenic
2 resources. The Department has the power 63a19. to acquire
3 the fee or any lesser interests, including scenic easements,
4 in real property in order to preserve, through limitation of
5 future use, areas of great natural scenic beauty or areas
6 whose existing openness, natural condition, or present state
7 of use, if retained, would enhance the present or potential
8 value of abutting or surrounding recreational area
9 development, or would maintain or enhance the conservation of
10 natural or scenic resources.
11 (Source: Laws 1967, p. 1088.)
12 (20 ILCS 805/40-230 new)
13 (was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18)
14 Sec. 40-230. Developing recreational areas. The
15 Department has the power 63a18. to lease from individuals,
16 corporations, or any other form of private ownership, from
17 any municipality, public corporation, or political
18 subdivision of this State, or from the United States, any
19 lands or waters for the purpose of developing outdoor
20 recreational areas for public use and to acquire all
21 necessary property or rights-of-way, for the purposes of
22 ingress or egress to those such lands and waters, and to
23 construct buildings and other recreational facilities,
24 including roadways, bridges, and parking areas, that as the
25 Department deems necessary or desirable for maximum
26 utilization of recreational facilities for public use of the
27 areas.
28 (Source: Laws 1967, p. 1088.)
29 (20 ILCS 805/40-235 new)
30 (was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6)
31 Sec. 40-235. Lease of lands acquired by the Department;
32 disposition of obsolete buildings. The Department has the
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1 power 63a6. to do and perform each and every act or thing
2 considered by the Director to be necessary or desirable to
3 fulfill and carry out the intent and purpose of all laws
4 pertaining to the Department, of Natural Resources including
5 the right to rehabilitate or sell at public auction,
6 buildings or structures affixed to lands over which the
7 Department has acquired jurisdiction when in the judgment of
8 the Director those such buildings or structures are obsolete,
9 inadequate, or unusable for the purposes of the Department
10 and to lease those such lands with or without appurtenances
11 for a consideration in money or in kind for a period of time
12 not in excess of 5 years for the such purposes and upon the
13 such terms and conditions that as the Director considers to
14 be in the best interests of the State when those such lands
15 are not immediately to be used or developed by the State.
16 All those such sales shall be made subject to the written
17 approval of the Governor. The funds derived from those such
18 sales and from those such leases shall be deposited in the
19 State Parks Fund, except that funds derived from those such
20 sales and from those such leases on lands managed and
21 operated principally as wildlife or fisheries areas by the
22 Department of Natural Resources shall be deposited in the
23 Wildlife and Fish Fund.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (20 ILCS 805/40-240 new)
26 (was 20 ILCS 805/63b) (from Ch. 127, par. 63b)
27 Sec. 40-240. Sale of land affected by federal emergency
28 conservation work; work on privately owned land. 63b.
29 (a) The Department has of Natural Resources shall have
30 the power and authority for and on behalf of the State to
31 make contractual agreements with the federal government
32 providing that if, as a result of the emergency conservation
33 work done by the federal government on State, county, and
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1 municipally owned land in Illinois, under the provisions of a
2 federal act entitled "An Act for the relief of unemployment
3 through the performance of useful public work, and for other
4 purposes,", enacted by the 73rd Congress, the State derives a
5 direct profit from the sale of that such land or its
6 products, then that the proceeds will be divided equally
7 between the State of Illinois, and the federal government
8 until the State shall have paid for the work done at the rate
9 of $1.00 per man per day for the time spent on the such work
10 or projects, subject to a maximum of $3.00 per acre.
11 The Department's agreements with the U.S. Government may
12 include general indemnification provisions as required by
13 federal statutes for nonfederal sponsorship of a federally
14 authorized project.
15 (b) The Department may also assume responsibility for
16 the maintenance of work done on privately owned land either
17 by the owners of the land or otherwise and may by contract
18 with the owners reserve the right to remove any structures or
19 other things of removable value resulting from the work,
20 including products of trees planted, the such removal to be
21 without compensation to the landowner.
22 (Source: P.A. 89-445, eff. 2-7-96.)
23 (20 ILCS 805/40-245 new)
24 (was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1)
25 Sec. 40-245. Disposition of State park lands. 63b2.1.
26 The Department of Natural Resources shall not dispose of any
27 portion of a State park except as specifically authorized by
28 law. This prohibition shall not restrict the Department from
29 conveyance of easements and other lesser interests in land.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 805/40-250 new)
32 (was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20)
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1 Sec. 40-250. Leases for strategic military sites. The
2 Department has the power 63a20. to lease lands over which the
3 Department has jurisdiction to the United States Army for use
4 as strategic military sites for a period not to exceed 10
5 years. All such leases, for whatever period, shall be subject
6 to the written approval of the Governor.
7 (Source: Laws 1967, p. 1088.)
8 (20 ILCS 805/40-255 new)
9 (was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10)
10 Sec. 40-255. Transfers to other State agency or federal
11 government; acquisition of federal lands. The Department has
12 the power 63a10. to transfer jurisdiction of or exchange any
13 realty under the control of the Department to any other
14 department of the State government, or to any agency of the
15 federal government, or to acquire or accept federal lands,
16 when the such transfer, exchange, acquisition, or acceptance
17 is advantageous to the State and is approved in writing by
18 the Governor.
19 (Source: Laws 1967, p. 1088.)
20 (20 ILCS 805/40-260 new)
21 (was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7)
22 Sec. 40-260. Licenses and rights of way for public
23 services. The Department has the power 63a7. to grant
24 licenses and rights-of-way within the areas controlled by the
25 Department for the construction, operation, and maintenance
26 upon, under, or across the such property, of facilities for
27 water, sewage, telephone, telegraph, electric, gas, or other
28 public service, subject to such terms and conditions as may
29 be determined by the Department.
30 (Source: Laws 1967, p. 1088.)
31 (20 ILCS 805/40-265 new)
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1 (was 20 ILCS 805/63a39)
2 Sec. 40-265. Public utility easement on Tunnel Hill
3 Bicycle Trail. The Department has the power 63a39. to grant
4 a public utility easement in the Saline Valley Conservance
5 District on the Tunnel Hill Bicycle Trail for construction
6 and maintenance of a waterline, subject to such terms and
7 conditions as may be determined by the Department.
8 (Source: P.A. 88-369.)
9 (20 ILCS 805/40-270 new)
10 (was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26)
11 Sec. 40-270. Surplus agricultural products. The
12 Department has the power 63a26. to sell or exchange surplus
13 agricultural products grown on land owned by or under the
14 jurisdiction of the Department, when those such products
15 cannot be used by the Department.
16 (Source: P.A. 83-1374; 83-1486.)
17 (20 ILCS 805/40-275 new)
18 (was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
19 Sec. 40-275. Sale of sand, gravel, or other material.
20 63a27.
21 (a) The Department has the power to sell gravel, sand,
22 earth, or other material from any State of Illinois owned
23 lands or waters under the jurisdiction of the Department at a
24 fair market price. The proceeds from the such sales shall be
25 deposited in the Wildlife and Fish Fund in the State
26 treasury.
27 (b) Notwithstanding the provisions of subsection (a) and
28 taking into consideration the cooperation received by the
29 State from the Lake County Forest Preserve District in the
30 development of the North Point Marina project, the Department
31 is authorized and directed to sell to the Lake County Forest
32 Preserve District 25,000 cubic yards of sand for the purpose
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1 of constructing a swimming beach upon receipt of $1 in
2 consideration.
3 (Source: P.A. 85-1010.)
4 (20 ILCS 805/40-300 new)
5 (was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21)
6 Sec. 40-300. Public accommodation, educational, and
7 service facilities. The Department has the power 63a21. to
8 develop and operate public accommodation, educational, and
9 service facilities on lands over which the Department has
10 jurisdiction, and to lease lands over which the Department
11 has jurisdiction to persons or public or private corporations
12 for a period not to exceed 99 years for the construction,
13 maintenance, and operation of public accommodation,
14 educational, and service facilities. Those Such public
15 accommodation, educational, and service facilities include,
16 but are not limited to, marinas, overnight housing
17 facilities, tent and trailer camping facilities, recreation
18 facilities, food service facilities, and similar
19 accommodations. With respect to lands leased from the federal
20 government or any agency of the federal government thereof,
21 the Department may sub-lease those such lands for a period
22 not to exceed the time of duration of the federal lease with
23 the same renewal options that are contained in the federal
24 lease. All such leases or sub-leases, for whatever period,
25 shall be made subject to the written approval of the
26 Governor.
27 (Source: P.A. 84-984.)
28 (20 ILCS 805/40-305 new)
29 (was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
30 Sec. 40-305. 63a23. Campsites and housing facilities.
31 The Department has the power to provide facilities for
32 overnight tent and trailer camp sites and to provide suitable
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1 housing facilities for student and juvenile overnight camping
2 groups. The Department of Natural Resources may regulate, by
3 administrative order, the fees to be charged for tent and
4 trailer camping units at individual park areas based upon the
5 facilities available. However, for campsites with access to
6 showers or electricity, any Illinois resident who is age 62
7 or older or has a Class 2 disability as defined in Section 4A
8 of the Illinois Identification Card Act shall be charged only
9 one-half of the camping fee charged to the general public
10 during the period Monday through Thursday of any week and
11 shall be charged the same camping fee as the general public
12 on all other days. For campsites without access to showers
13 or electricity, no camping fee authorized by this Section
14 shall be charged to any resident of Illinois who has a Class
15 2 disability as defined in Section 4A of the Illinois
16 Identification Card Act. For campsites without access to
17 showers or electricity, no camping fee authorized by this
18 Section shall be charged to any resident of Illinois who is
19 age 62 or older for the use of a camp site unit during the
20 period Monday through Thursday of any week. No camping fee
21 authorized by this Section shall be charged to any resident
22 of Illinois who is a disabled veteran or a former prisoner of
23 war, as defined in Section 5 of the Department of Veterans
24 Affairs Act. Nonresidents shall be charged the same fees as
25 are authorized for the general public regardless of age. The
26 Department shall provide by regulation for suitable proof of
27 age, or either a valid driver's license or a "Golden Age
28 Passport" issued by the federal government shall be
29 acceptable as proof of age. The Department shall further
30 provide by regulation that notice of these such reduced
31 admission fees be posted in a conspicuous place and manner.
32 Reduced fees authorized in this Section shall not apply
33 to any charge for utility service.
34 (Source: P.A. 88-91; 89-445, eff. 2-7-96.)
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1 (20 ILCS 805/40-310 new)
2 (was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24)
3 Sec. 40-310. Lease of campsite facilities from State
4 Parks Revenue Bond Commission. The Department has the power
5 63a24. to lease from the State Parks Revenue Bond Commission
6 any facilities for overnight tent and trailer campsites
7 constructed by the Commission that the Department may
8 consider desirable or necessary for the efficient operation
9 of the State Parks System. The income collected from these
10 such operations shall be deposited in the State Parks Revenue
11 Bond Fund.
12 (Source: Laws 1967, p. 1088.)
13 (20 ILCS 805/40-315 new)
14 (was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2)
15 Sec. 40-315. Cash incentives for concession complexes.
16 The Department has the power 63a21.2. to offer a cash
17 incentive not to exceed 35% of the total documented costs to
18 a qualified bidder for the development, construction, and
19 supervision by the such bidder of any concession complex,
20 including but not limited to resort hotels, park lodges,
21 marinas, golf courses, recreational developments, and
22 ancillary or support facilities pertinent thereto, on any
23 property leased to or under the jurisdiction of the
24 Department; provided, however, that all contracts utilizing
25 the State cash incentive program pursuant to this Section
26 shall be subject to public bidding and to the written
27 approval of the Governor. Prior to approval by the Governor,
28 the Department shall give reasonable public notice and
29 conduct a public hearing in a community close to the proposed
30 project.
31 (Source: P.A. 85-699; 86-1189.)
32 (20 ILCS 805/40-320 new)
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1 (was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3)
2 Sec. 40-320. Cash incentive for concession complex at
3 Fort Massac State Park. The Department has the power
4 63a21.3. To offer a cash incentive not to exceed $400,000,
5 excluding land value, to a qualified bidder for the
6 development, construction, and supervision by the such bidder
7 of a concession complex at Fort Massac State Park, including
8 but not limited to a water recreational park, recreational
9 developments, and ancillary or support facilities pertinent
10 thereto, on any property leased to or under the jurisdiction
11 of the Department; provided, however, that all contracts
12 utilizing the State cash incentive program pursuant to this
13 Section shall be subject to public bidding and to the written
14 approval of the Governor. Prior to approval by the Governor,
15 the Department shall give reasonable public notice and
16 conduct a public hearing in a community close to the proposed
17 project.
18 (Source: P.A. 84-1316.)
19 (20 ILCS 805/40-325 new)
20 (was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25)
21 Sec. 40-325. Public boat launching facilities;
22 artificial water impoundments. The Department has the power
23 63a25. to cooperate and contract with municipalities,
24 counties, or other local governmental units to construct and
25 operate public boat launching facilities on the public waters
26 of this State and to build roads and parking areas in
27 connection therewith and to participate with all such
28 governmental units in planning and constructing artificial
29 water impoundments for recreational purposes.
30 (Source: Laws 1967, p. 1088.)
31 (20 ILCS 805/40-330 new)
32 (was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14)
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1 Sec. 40-330. Lease of concessions. The Department has
2 the power 63a14. to lease concessions on any property under
3 the jurisdiction of the Department of Natural Resources for a
4 period not exceeding 25 years. All such leases, for whatever
5 period, shall be made subject to the written approval of the
6 Governor. All concession leases executed after January 1,
7 1982, extending for a period in excess of 10 years, shall
8 will contain provisions for the Department to participate, on
9 a percentage basis, in the revenues generated by any
10 concession operation.
11 The Department of Natural Resources is authorized to
12 allow for provisions for a reserve account and a leasehold
13 account included within departmental concession lease
14 agreements for the purpose of setting aside revenues for the
15 maintenance, rehabilitation, repair, improvement, and
16 replacement of the concession facility, structure, and
17 equipment of the Department that of Natural Resources which
18 are a part of the leased premises.
19 The leasehold account shall allow for the amortization of
20 certain authorized expenses that are incurred by the
21 concession lessee, but that which are not an obligation of
22 the lessee under the terms and conditions of the lease
23 agreement. The Department of Natural Resources may allow a
24 reduction of up to 50% of the monthly rent due for the
25 purpose of enabling the recoupment of the lessee's authorized
26 expenditures during the term of the lease.
27 The lessee shall be required to pay into the reserve
28 account a percentage of gross receipts, as set forth in the
29 lease, to be set aside and expended in a manner acceptable to
30 the Department by the concession lessee for the purpose of
31 ensuring that an appropriate amount of the lessee's monies
32 are provided by the lessee to satisfy the lessee's incurred
33 responsibilities for the operation of the concession facility
34 under the terms and conditions of the concession lease.
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1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 805/40-335 new)
3 (was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
4 Sec. 40-335. 63a21.1. Fees. The Department has the power
5 to assess appropriate and reasonable fees for the use of
6 concession type facilities as well as other facilities and
7 sites under the jurisdiction of the Department of Natural
8 Resources. The Department may regulate, by rule, the fees to
9 be charged. The income collected shall be deposited in the
10 State Park Fund or Wildlife and Fish Fund depending on the
11 classification of the State managed facility involved.
12 (Source: P.A. 88-91; 89-445, eff. 2-7-96.)
13 (20 ILCS 805/40-400 new)
14 (was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22)
15 Sec. 40-400. Rental of watercraft. The Department has
16 the power 63a22. to provide rowboats and other watercraft for
17 daily rental at a reasonable fee at any of the State parks,
18 public hunting areas, public fishing areas, or other
19 properties of the Department of Natural Resources where those
20 such boating facilities are considered feasible.
21 (Source: P.A. 89-445, eff. 2-7-96.)
22 (20 ILCS 805/40-405 new)
23 (was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30)
24 Sec. 40-405. Sale of publications and craft items. The
25 Department has the power 63a30. to cooperate with private
26 organizations and agencies of the State of Illinois by
27 providing areas and the use of staff personnel where feasible
28 for the sale of publications on the natural and cultural
29 heritage of the State and craft items made by Illinois
30 craftsmen. The Such sales shall not conflict with existing
31 concession agreements. The Department is authorized to
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1 negotiate with those such organizations and agencies for a
2 portion of the monies received from sales to be returned to
3 the Department's State Parks Fund for the furtherance of
4 interpretive and restoration programs.
5 (Source: P.A. 79-332; 79-847; 79-1454.)
6 (20 ILCS 805/40-410 new)
7 (was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32)
8 Sec. 40-410. Local bank accounts. The Department has
9 the power 63a32. to establish local bank or savings and loan
10 association accounts, upon the written authorization of the
11 Director, to temporarily hold income received at any of its
12 properties. Such Local accounts established pursuant to this
13 Section shall be in the name of the Department of Natural
14 Resources and shall be subject to regular audits. The
15 balance in a local bank or savings and loan association
16 account shall be forwarded to the Department of Natural
17 Resources for deposit with the State Treasurer on Monday of
18 each week if the amount to be deposited in a fund exceeds
19 $500.
20 No bank or savings and loan association shall receive
21 public funds as permitted by this Section, unless it has
22 complied with the requirements established pursuant to
23 Section 6 of the Public Funds Investment Act "An Act relating
24 to certain investments of public funds by public agencies",
25 approved July 23, 1943, as now or hereafter amended.
26 (Source: P.A. 89-445, eff. 2-7-96.)
27 (20 ILCS 805/40-415 new)
28 (was 20 ILCS 805/63a35) (from Ch. 127, par. 63a35)
29 Sec. 40-415. Wildlife conservation stamp. The
30 Department has the power 63a35. to print and issue stamps
31 portraying the wildlife of the State. This stamp shall be
32 identified as a wildlife conservation stamp and the fee for
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1 each stamp shall be $5. The purchase of wildlife conservation
2 stamps shall provide no privileges to the purchaser, but
3 merely recognizes the person as voluntarily contributing to
4 the management, protection, and preservation of the wildlife
5 resources and habitats of the State. All moneys received
6 from the sale of wildlife conservation stamps, sale of
7 original artwork, reprints, and patches and related program
8 income shall be deposited in the Wildlife Conservation Fund.
9 All monies deposited as a result of this program shall be
10 used for the management, protection, and preservation of the
11 wildlife resources and habitats in this State and to pay the
12 costs of printing and distributing the stamps.
13 (Source: P.A. 83-1362; 83-1486.)
14 (20 ILCS 805/40-420 new)
15 (was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36)
16 Sec. 40-420. Appropriations from Park and Conservation
17 Fund. The Department has the power 63a36. to expend monies
18 appropriated to the Department of Natural Resources from the
19 Park and Conservation Fund in the State treasury for
20 conservation and park purposes.
21 All revenue derived from fees paid for certificates of
22 title, duplicate certificates of title and corrected
23 certificates of title and deposited in the Park and
24 Conservation Fund, as provided for in Section 2-119 of the
25 Illinois Vehicle Code, shall be expended solely by the
26 Department of Natural Resources pursuant to an appropriation
27 for acquisition, development, and maintenance of bike paths,
28 including grants for the acquisition and development of bike
29 paths.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 805/40-425 new)
32 (was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3)
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1 Sec. 40-425. Purchase of advertising. 63b2.3. The
2 Department of Natural Resources has the power and authority
3 to purchase advertising for the purpose of education programs
4 concerning conservation.
5 (Source: P.A. 89-445, eff. 2-7-96.)
6 (20 ILCS 805/40-430 new)
7 (was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4)
8 Sec. 40-430. Sale of advertising. 63b2.4. The
9 Department of Natural Resources has the power and authority
10 to sell or exchange advertising rights in its publications
11 and printed materials. The sale of advertising shall be
12 subject to the rules and regulations promulgated by the
13 Department. All income received from the sale of advertising
14 shall be deposited in the Wildlife and Fish Fund, except that
15 income received from advertising in State Park brochures
16 shall be deposited into the State Parks Fund and income
17 received from advertising in boating or snowmobile program
18 literature shall be deposited in the State Boating Act Fund.
19 (Source: P.A. 88-130; 89-445, eff. 2-7-96.)
20 (20 ILCS 805/40-435 new)
21 (was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5)
22 Sec. 40-435. Office of Conservation Resource Marketing.
23 63b2.5. The Department of Natural Resources shall maintain
24 an Office of Conservation Resource Marketing. The Office
25 shall conduct a program for marketing and promoting the use
26 of conservation resources in Illinois with emphasis on
27 recreation and tourism facilities. The Such Office shall
28 coordinate its tourism promotion efforts with local community
29 events and shall include a field staff which shall work with
30 the Department of Commerce and Community Affairs and local
31 officials to coordinate State and local activities for the
32 purpose of expanding tourism and local economies. The Office
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1 shall develop, review, and coordinate brochures and
2 information pamphlets for promoting the use of conservation
3 resources. The Office shall conduct marketing research to
4 identify organizations and target populations that which can
5 be encouraged to use Illinois recreation facilities for group
6 events and the many tourist sites.
7 The Director of Natural Resources shall submit an annual
8 report to the Governor and the General Assembly summarizing
9 the Office's its activities and including its recommendations
10 for improving the Department's tourism promotion and
11 marketing programs for conservation resources.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (20 ILCS 805/40-500 new)
14 (was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12)
15 Sec. 40-500. Transfer from Department of Public Works
16 and Buildings. The Department has the power 63a12. to
17 exercise the rights, powers, and duties vested by law in the
18 Department of Public Works and Buildings as the successor of
19 the following agencies, their officers and employees: the
20 Illinois Park Commission, the Lincoln Homestead trustees, and
21 the board of commissioners of and for the Lincoln Monument
22 grounds.
23 (Source: Laws 1967, p. 1088.)
24 (20 ILCS 805/40-505 new)
25 (was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31)
26 Sec. 40-505. Transfer from Illinois Bicentennial
27 Commission. The Department has the power 63a31. to exercise
28 the rights, powers, and duties of the Illinois Bicentennial
29 Commission under the "Illinois Bicentennial Commission Act",
30 approved August 2, 1972 (repealed) , as amended. All books,
31 records, equipment, and other property held by or in the
32 custody of Illinois Bicentennial Commission shall be
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1 transferred to the Department of Natural Resources (formerly
2 designated the Department of Conservation), which shall be
3 the successor agency to the Commission. Every person or
4 legal entity who entered into any agreement with the Illinois
5 Bicentennial Commission shall be subject to the same
6 obligations and duties and shall have the same rights as if
7 that person or legal entity had entered in the agreement with
8 the Department of Natural Resources.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 (20 ILCS 805/40-510 new)
11 (was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
12 Sec. 40-510. Public monuments and memorials. The
13 Department has the power 63a13. to erect, supervise, and
14 maintain all public monuments and memorials erected by the
15 State, except when the supervision and maintenance thereof is
16 otherwise provided by law. Under the power granted by this
17 Section the Department shall (i) provide a site in Rock Cut
18 State Park for the Winnebago County Vietnam Veterans'
19 Memorial; and (ii) allow the Vietnam Veterans' Honor Society
20 to erect the Memorial of an agreed design.
21 (Source: P.A. 87-189.)
22 (20 ILCS 805/40-515 new)
23 (was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28)
24 Sec. 40-515. Enforcement of laws and regulations. The
25 Department has the power 63a28. to enforce the laws of the
26 State and the rules and regulations of the Department in or
27 on any lands owned, leased, or managed by the Department and
28 any lands that are dedicated as a nature preserve or buffer
29 area under the "Illinois Natural Areas Preservation Act", as
30 now or hereafter amended.
31 (Source: P.A. 82-445.)
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1 (20 ILCS 805/40-520 new)
2 (was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11)
3 Sec. 40-520. Operation of motorboats. The Department
4 has the power 63a11. to enforce the provisions of "An Act
5 regulating the operation of motorboats", approved July 18,
6 1947 (repealed).
7 (Source: Laws 1967, p. 1088.)
8 (20 ILCS 805/40-525 new)
9 (was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15)
10 Sec. 40-525. Regulation of boats on lakes. The
11 Department has the power 63a15. to designate the size, type,
12 and kind of boats that may be used on lakes owned and
13 operated by the Department and to charge a reasonable annual
14 service, usage, or rental fee for the use of privately owned
15 boats on those such lakes.
16 (Source: Laws 1967, p. 1088.)
17 (20 ILCS 805/40-530 new)
18 (was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9)
19 Sec. 40-530. Agents' entry on lands and waters. 63a9.
20 The officers, employees, and agents of the Department of
21 Natural Resources, for the purposes of investigation and to
22 exercise the rights, powers, and duties vested and that may
23 be vested in it, may enter and cross all lands and waters in
24 this State, doing no damage to private property.
25 (Source: P.A. 89-445, eff. 2-7-96.)
26 (20 ILCS 805/40-535 new)
27 (was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2)
28 Sec. 40-535. Conservation Police Officers. 63b2.2. In
29 addition to the arrest powers prescribed by law, Conservation
30 Police Officers are conservators of the peace and as such
31 have all powers possessed by policemen, except that they may
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1 exercise those such powers anywhere in this State.
2 Conservation Police Officers acting under the authority of
3 this Section are considered employees of the Department and
4 are subject to its direction, benefits, and legal protection.
5 (Source: P.A. 83-483.)
6 (20 ILCS 805/40-540 new)
7 (was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6)
8 Sec. 40-540. Enforcement of adjoining state's laws.
9 63b2.6. The Director of Natural Resources may grant
10 authority to the officers of any adjoining state who are
11 authorized and directed to enforce the laws of that state
12 relating to the protection of flora and fauna to take any of
13 the following actions and have the following powers within
14 the State of Illinois:
15 (1) To follow, seize, and return to the adjoining
16 state any flora or fauna or part thereof shipped or taken
17 from the adjoining state in violation of the laws of that
18 state and brought into this State.
19 (2) To dispose of any such flora or fauna or part
20 thereof under the supervision of an Illinois Conservation
21 Police Officer.
22 (3) To enforce as an agent of this State, with the
23 same powers as an Illinois Conservation Police Officer,
24 each of the following laws of this State:
25 (i) The Illinois Endangered Species Protection
26 Act. ;
27 (ii) The Fish and Aquatic Life Code. ;
28 (iii) The Wildlife Code. ;
29 (iv) The Wildlife Habitat Management Areas
30 Act. ;
31 (v) The Hunter Interference Prohibition Act. ;
32 (vi) The Illinois Non-Game Wildlife Protection
33 Act. ;
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1 (vii) The Ginseng Harvesting Act. ;
2 (viii) The State Forest Act. ;
3 (ix) The Forest Products Transportation Act. ;
4 (x) The Timber Buyers Licensing Act. .
5 Any officer of an adjoining state acting under a power or
6 authority granted by the Director of Natural Resources
7 pursuant to this Section shall act without compensation or
8 other benefits from this State and without this State having
9 any liability for the acts or omissions of that officer.
10 (Source: P.A. 89-445, eff. 2-7-96.)
11 (20 ILCS 1005/Art. 45 heading new)
12 ARTICLE 45. DEPARTMENT OF EMPLOYMENT SECURITY
13 (20 ILCS 1005/45-1 new)
14 Sec. 45-1. Article short title. This Article 45 of the
15 Civil Administrative Code of Illinois may be cited as the
16 Department of Employment Security Law.
17 (20 ILCS 1005/45-5 new)
18 Sec. 45-5. Definitions. In this Law:
19 "Department" means the Department of Employment Security.
20 "Director" means the Director of Employment Security.
21 (20 ILCS 1005/45-10 new)
22 (was 20 ILCS 1005/43a) (from Ch. 127, par. 43a)
23 Sec. 45-10 Powers, generally. 43a. The Department of
24 Employment Security has the powers enumerated in the
25 following Sections 43a.01 to 43a.12.
26 (Source: P.A. 84-1430.)
27 (20 ILCS 1005/45-15 new)
28 (was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02)
29 Sec. 45-15. Employment opportunities. The Department
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1 has the power 43a.02. to advance opportunities for
2 profitable employment.
3 (Source: P.A. 83-1503.)
4 (20 ILCS 1005/45-20 new)
5 (was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04)
6 Sec. 45-20. Statistical details of manufacturing
7 industries and commerce. The Department has the power
8 43a.04. to collect, collate, assort, systematize, and report
9 statistical details of the manufacturing industries and
10 commerce of the State.
11 (Source: P.A. 83-1503.)
12 (20 ILCS 1005/45-25 new)
13 (was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05)
14 Sec. 45-25. Labor information. The Department has the
15 power 43a.05. to acquire and diffuse useful information on
16 subjects connected with labor in the most general and
17 comprehensive sense of that word.
18 (Source: P.A. 83-1503.)
19 (20 ILCS 1005/45-30 new)
20 (was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03)
21 Sec. 45-30. Statistical details relating to departments
22 of labor. The Department has the power 43a.03. to collect,
23 collate, assort, systematize, and report statistical details
24 relating to all departments of labor, especially in its
25 relation to commercial, industrial, social, educational, and
26 sanitary conditions, and to the permanent prosperity of the
27 manufacturing and productive industries.
28 (Source: P.A. 83-1503.)
29 (20 ILCS 1005/45-35 new)
30 (was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07)
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1 Sec. 45-35. General conditions of leading industries.
2 The Department has the power 43a.07. to acquire information
3 and report upon the general conditions, so far as production
4 is concerned, of the leading industries of the State.
5 (Source: P.A. 83-1503.)
6 (20 ILCS 1005/45-40 new)
7 (was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08)
8 Sec. 45-40. Conditions of employment. The Department
9 has the power 43a.08. to acquire and diffuse information as
10 to the conditions of employment, and such other facts that as
11 may be deemed of value to the industrial interests of the
12 State.
13 (Source: P.A. 83-1503.)
14 (20 ILCS 1005/45-45 new)
15 (was 20 ILCS 1005/43a.06) (from Ch. 127, par. 43a.06)
16 Sec. 45-45. Prosperity of laboring men and women. The
17 Department has the power 43a.06. to acquire and diffuse
18 among the people useful information concerning the means of
19 promoting the material, social, intellectual, and moral
20 prosperity of laboring men and women.
21 (Source: P.A. 83-1503.)
22 (20 ILCS 1005/45-50 new)
23 (was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11)
24 Sec. 45-50. Welfare of wage earners. The Department has
25 the power 43a.11. to foster, promote, and develop the
26 welfare of wage earners.
27 (Source: P.A. 83-1503.)
28 (20 ILCS 1005/45-75 new)
29 (was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12)
30 Sec. 45-75. Jobs for summer employment of youth. The
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1 Department has the power 43a.12. to make available through
2 its the offices of the Department of Employment Security a
3 listing of all jobs available in each area for the summer
4 employment of youth.
5 (Source: P.A. 84-1430.)
6 (20 ILCS 1005/45-100 new)
7 (was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
8 Sec. 45-100. Free employment offices. The Department
9 has the power 43a.01. to exercise the rights, powers, and
10 duties vested by law in the superintendents and assistant
11 superintendents of free employment offices, the general
12 advisory board of free employment offices, local advisory
13 boards of free employment offices, and other officers and
14 employees of free employment offices.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/45-105 new)
17 (was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
18 Sec. 45-105. Administration of Unemployment Insurance
19 Act. The Department has the power 43a.09. to administer the
20 provisions of "the Unemployment Insurance Compensation Act,"
21 approved June 30, 1937, as amended, insofar as those such
22 provisions relate to the powers and duties of the Director of
23 the Department of Employment Security.
24 (Source: P.A. 83-1503.)
25 (20 ILCS 1005/45-110 new)
26 (was 20 ILCS 1005/44a) (from Ch. 127, par. 44a)
27 Sec. 45-110. Board of Review. 44a. The Board of Review
28 in the Department of Employment Security shall exercise all
29 powers and be subject to all duties conferred or imposed upon
30 the said Board by the provisions of the Unemployment
31 Insurance Compensation Act, enacted by the Sixtieth General
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1 Assembly, and by all amendments thereto or modifications
2 thereof, in its own name, and without any direction,
3 supervision, or control by the Director of Employment
4 Security.
5 (Source: P.A. 83-1503.)
6 (20 ILCS 1005/45-115 new)
7 (was 20 ILCS 1005/43a.10) (from Ch. 127, par. 43a.10)
8 Sec. 45-115. Transfer of lands to other State agency;
9 acquisition of federal lands. The Department has the power
10 43a.10. to transfer jurisdiction of any realty under the
11 control of the Department to any other department of the
12 State government, or to acquire or accept federal lands, when
13 the such transfer, acquisition, or acceptance is advantageous
14 to the State and is approved in writing by the Governor.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/45-120 new)
17 (was 20 ILCS 1005/43a.13) (from Ch. 127, par. 43a.13)
18 Sec. 45-120. Contracts for payment of compensation to
19 Department. The Department has the power 43a.13. to enter
20 into contracts that which may provide for payment of
21 negotiated royalties, licensing fees, or other compensation
22 to the Department.
23 (Source: P.A. 87-1178.)
24 (20 ILCS 1005/45-150 new)
25 (was 20 ILCS 5/34.2) (from Ch. 127, par. 34.2)
26 Sec. 45-150. Transfer from Department of Labor, Bureau
27 of Employment Security. 34.2. The Department of Employment
28 Security shall assume all rights, powers, duties, and
29 responsibilities of the Department of Labor, Bureau of
30 Employment Security as the successor to that Bureau. The
31 Bureau of Employment Security in the Department of Labor is
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1 hereby abolished.
2 Personnel, books, records, papers, documents, property,
3 real and personal, unexpended appropriations, and pending
4 business in any way pertaining to the former Department of
5 Labor, Bureau of Employment Security are transferred to the
6 Department of Employment Security, but any rights of
7 employees or the State under the "Personnel Code" or any
8 other contract or plan shall be unaffected by this transfer
9 hereby. No rule or regulation promulgated by the Department
10 of Labor pursuant to an exercise of any right, power, duty,
11 or responsibility transferred to the Department of Employment
12 Security shall be affected by this amendatory Act of 1984,
13 and all those such rules and regulations shall become the
14 rules and regulations of the Department of Employment
15 Security.
16 (Source: P.A. 83-1503.)
17 (20 ILCS 1405/Art. 55 heading new)
18 ARTICLE 55. DEPARTMENT OF INSURANCE
19 (20 ILCS 1405/55-1 new)
20 Sec. 55-1. Article short title. This Article 55 of the
21 Civil Administrative Code of Illinois may be cited as the
22 Department of Insurance Law.
23 (20 ILCS 1405/55-5 new)
24 (was 20 ILCS 1405/56) (from Ch. 127, par. 56)
25 Sec. 55-5. General powers. 56. The Department of
26 Insurance has the following powers shall have power:
27 (1) 1. To exercise the rights, powers, and duties
28 vested by law in the insurance superintendent and the
29 superintendent's, his officers and employes.;
30 (2) 2. To exercise the rights, powers, and duties
31 that which have been vested by law in the Department of
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1 Trade and Commerce as the successor of the insurance
2 superintendent and the superintendent's, his officers and
3 employes.;
4 (3) 3. To exercise the rights, powers, and duties
5 heretofore vested by law in the Department of Trade and
6 Commerce, or in the Director of Trade and Commerce, by:
7 (A) all laws in relation to insurance; and
8 (B) Article 22 of the "Illinois Pension
9 Code.", approved March 18, 1963, as amended;
10 (4) 4. To execute and administer all laws
11 heretofore or hereafter enacted, relating to insurance.
12 (5) 5. To transfer jurisdiction of any realty under
13 the control of the Department to any other department of
14 the State Government, or to acquire or accept federal
15 lands, when the such transfer, acquisition, or acceptance
16 is advantageous to the State and is approved in writing
17 by the Governor.
18 (Source: P.A. 83-333.)
19 (20 ILCS 1405/55-10 new)
20 (was 20 ILCS 1405/56.1) (from Ch. 127, par. 56.1)
21 Sec. 55-10. 56.1. Child health insurance plan study.
22 The Department of Insurance shall cooperate with and provide
23 consultation to the Department of Public Health in studying
24 the feasibility of a child health insurance plan as provided
25 in Section 90-275 55.61 of the Department of Public Health
26 Powers and Duties Law this Code.
27 (Source: P.A. 87-252.)
28 (20 ILCS 1405/55-15 new)
29 (was 20 ILCS 1405/56.2)
30 Sec. 55-15. 56.2. Senior citizen assistance and
31 information program.
32 (a) The Department of Insurance shall administer and
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1 operate a program to provide assistance and information to
2 senior citizens in relation to insurance matters. The
3 program may include, but is not limited to, counseling for
4 senior citizens in the evaluation, comparison, or selection
5 of medicare options, medicare supplement insurance, and
6 long-term care insurance.
7 (b) The Department shall recruit and train volunteers to
8 provide the following:
9 (i) one-on-one counseling on insurance matters; and
10 (ii) education on insurance matters to senior
11 citizens through public forums.
12 (c) The Department shall solicit the volunteers for
13 their input and advice on the success and accessibility of
14 the program.
15 (d) The Department shall strive to assure that all
16 seniors residing in Illinois have access to the program.
17 (e) The Department of Insurance may promulgate
18 reasonable rules necessary to implement this Section.
19 (Source: P.A. 89-224, eff. 1-1-96.)
20 (20 ILCS 1505/Art. 60 heading new)
21 ARTICLE 60. DEPARTMENT OF LABOR
22 (20 ILCS 1505/60-1 new)
23 Sec. 60-1. Article short title. This Article 60 of the
24 Civil Administrative Code of Illinois may be cited as the
25 Department of Labor Law.
26 (20 ILCS 1505/60-5 new)
27 Sec. 60-5. Definition. In this Law, "Department" means
28 the Department of Labor.
29 (20 ILCS 1505/60-10 new)
30 (was 20 ILCS 1505/43) (from Ch. 127, par. 43)
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1 Sec. 60-10. Powers, generally. 43. The Department of
2 Labor has the powers enumerated in the following Sections
3 43.01 to 43.21, each inclusive.
4 (Source: P.A. 86-610.)
5 (20 ILCS 1505/60-15 new)
6 (was 20 ILCS 1505/43.07) (from Ch. 127, par. 43.07)
7 Sec. 60-15. Welfare of wage earners. The Department has
8 the power 43.07. to foster, promote, and develop the welfare
9 of wage earners.
10 (Source: Laws 1953, p. 1442.)
11 (20 ILCS 1505/60-20 new)
12 (was 20 ILCS 1505/43.13) (from Ch. 127, par. 43.13)
13 Sec. 60-20. Prosperity of laboring men and women;
14 progress of women and minorities.
15 (a) The Department has the power 43.13. to acquire and
16 diffuse among the people useful information concerning the
17 means of promoting the material, social, intellectual, and
18 moral prosperity of laboring men and women.
19 (b) The Department shall monitor the employment progress
20 of women and minorities in the work force, including access
21 to the public sector, the private sector, labor unions, and
22 collective bargaining units. This information shall be
23 provided to the General Assembly in the form of an annual
24 report no later than April 1 of each year.
25 (Source: P.A. 87-405.)
26 (20 ILCS 1505/60-25 new)
27 (was 20 ILCS 1505/43.09) (from Ch. 127, par. 43.09)
28 Sec. 60-25. Opportunities for profitable employment.
29 The Department has the power 43.09. to advance opportunities
30 for profitable employment.
31 (Source: Laws 1953, p. 1442.)
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1 (20 ILCS 1505/60-30 new)
2 (was 20 ILCS 1505/43.08) (from Ch. 127, par. 43.08)
3 Sec. 60-30. Improving working conditions. The
4 Department has the power 43.08. to improve working
5 conditions.
6 (Source: Laws 1953, p. 1442.)
7 (20 ILCS 1505/60-35 new)
8 (was 20 ILCS 1505/43.10) (from Ch. 127, par. 43.10)
9 Sec. 60-35. Statistical details relating to departments
10 of labor. The Department has the power 43.10. to collect,
11 collate, assort, systematize, and report statistical details
12 relating to all departments of labor, especially in its
13 relation to commercial, industrial, social, educational, and
14 sanitary conditions, and to the permanent prosperity of the
15 manufacturing and productive industries.
16 (Source: Laws 1953, p. 1442.)
17 (20 ILCS 1505/60-40 new)
18 (was 20 ILCS 1505/43.12) (from Ch. 127, par. 43.12)
19 Sec. 60-40. Information on subjects connected with
20 labor. The Department has the power 43.12. to acquire and
21 diffuse useful information on subjects connected with labor
22 in the most general and comprehensive sense of that word.
23 (Source: Laws 1953, p. 1442.)
24 (20 ILCS 1505/60-45 new)
25 (was 20 ILCS 1505/43.15a) (from Ch. 127, par. 43.15a)
26 Sec. 60-45. Migrant agricultural labor. The Department
27 has the power 43.15a. to study the nature and extent of the
28 labor and employment problems of migrant agricultural labor,
29 with particular attention to its differences from the
30 problems of resident agricultural labor.
31 (Source: P.A. 77-1734.)
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1 (20 ILCS 1505/60-50 new)
2 (was 20 ILCS 1505/43.16) (from Ch. 127, par. 43.16)
3 Sec. 60-50. Prevention of accidents and occupational
4 diseases. The Department has the power 43.16 to acquire and
5 diffuse information in relation to the prevention of
6 accidents, occupational diseases, and other related subjects.
7 (Source: Laws 1953, p. 1442.)
8 (20 ILCS 1505/60-100 new)
9 (was 20 ILCS 1505/43.01) (from Ch. 127, par. 43.01)
10 Sec. 60-100. Commissioners of labor. The Department has
11 the power 43.01. to exercise the rights, powers, and duties
12 vested by law in the commissioners of labor and, the
13 secretary, and other officers and employees of the said
14 commissioners of labor.
15 (Source: Laws 1953, p. 1442.)
16 (20 ILCS 1505/60-105 new)
17 (was 20 ILCS 1505/43.03) (from Ch. 127, par. 43.03)
18 Sec. 60-105. Inspectors of private employment agencies.
19 The Department has the power 43.03 to exercise the rights,
20 powers, and duties vested by law in the chief inspector of
21 private employment agencies, inspectors of private employment
22 agencies, and their subordinate officers and employees.
23 (Source: Laws 1953, p. 1442.)
24 (20 ILCS 1505/60-110 new)
25 (was 20 ILCS 1505/43.04) (from Ch. 127, par. 43.04)
26 Sec. 60-110. Factory inspectors. The Department has the
27 power 43.04 to exercise the rights, powers, and duties vested
28 by law in the chief factory inspector, assistant chief
29 factory inspector, deputy factory inspector, and all other
30 officers and employees of the State factory inspection
31 service.
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1 (Source: Laws 1953, p. 1442.)
2 (20 ILCS 1505/60-115 new)
3 (was 20 ILCS 1505/43.05) (from Ch. 127, par. 43.05)
4 Sec. 60-115. State Board of Arbitration and
5 Conciliation. The Department has the power 43.05 to exercise
6 the rights, powers, and duties vested by law in the State
7 Board of Arbitration and Conciliation and, its officers and
8 employees.
9 (Source: Laws 1953, p. 1442.)
10 (20 ILCS 1505/60-120 new)
11 (was 20 ILCS 1505/43.17) (from Ch. 127, par. 43.17)
12 Sec. 60-120. Act in relation to payment of wages. The
13 Department has the power 43.17. to exercise the rights,
14 powers, and duties vested by law in the Department of Labor
15 under "An Act in relation to the payment of wages due
16 employees from their employers in certain cases, to provide
17 for the enforcement thereof through the Department of Labor,
18 and to prescribe penalties for the violation thereof",
19 approved July 9, 1937 (repealed), as amended.
20 (Source: Laws 1953, p. 1442.)
21 (20 ILCS 1505/60-150 new)
22 (was 20 ILCS 1505/43.20) (from Ch. 127, par. 43.20)
23 Sec. 60-150. Complaints by child care facility
24 employees. The Department has the power 43.20. to
25 investigate complaints, hold hearings, make determinations,
26 and take other actions with respect to complaints against
27 employers filed by employees of child care facilities
28 pursuant to Section 7.2 of the Child Care Act of 1969.
29 (Source: P.A. 85-987.)
30 (20 ILCS 1505/60-175 new)
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1 (was 20 ILCS 1505/43.19) (from Ch. 127, par. 43.19)
2 Sec. 60-175. Transfer of realty to other State agency;
3 acquisition of federal lands. The Department has the power
4 43.19. to transfer jurisdiction of any realty under the
5 control of the Department to any other department of the
6 State government, or to acquire or accept federal lands, when
7 the such transfer, acquisition, or acceptance is advantageous
8 to the State and is approved in writing by the Governor.
9 (Source: Laws 1953, p. 1442.)
10 (20 ILCS 1505/60-200 new)
11 (was 20 ILCS 1505/43.21) (from Ch. 127, par. 43.21)
12 Sec. 60-200. Criminal history record information. 43.21.
13 Whenever the Department is authorized or required by law to
14 consider some aspect of criminal history record information
15 for the purpose of carrying out its statutory powers and
16 responsibilities, then, upon request and payment of fees in
17 conformance with the requirements of subsection 22 of Section
18 100-400 55a of the Department of State Police Law (20 ILCS
19 2605/100-400) "The Civil Administrative Code of Illinois",
20 the Department of State Police is authorized to furnish,
21 pursuant to positive identification, any such information
22 contained in State files that as is necessary to fulfill the
23 request.
24 (Source: P.A. 86-610.)
25 (20 ILCS 1710/Art. 65 heading new)
26 ARTICLE 65. DEPARTMENT OF HUMAN SERVICES
27 (AS SUCCESSOR TO DEPARTMENT OF
28 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES)
29 (20 ILCS 1710/65-1 new)
30 Sec. 65-1. Article short title. This Article 65 of the
31 Administrative Code of Illinois may be cited as the
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1 Department of Human Services (Mental Health and Developmental
2 Disabilities) Law.
3 (20 ILCS 1710/65-5 new)
4 Sec. 65-5. Definitions. In this Law:
5 "Department" means the Department of Human Services.
6 "Secretary" means the Secretary of Human Services.
7 (20 ILCS 1710/65-10 new)
8 (was 20 ILCS 1710/53, subsec. (a), in part) (from Ch.
9 127, par. 53)
10 Sec. 65-10. Powers, generally. 53. (a) The Department
11 of Human Services has the powers described in Sections 65-15,
12 65-20, 65-25, and 65-100. power:
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 (20 ILCS 1710/65-15 new)
15 (was 20 ILCS 1710/53, subdiv. (a)1) (from Ch. 127, par.
16 53)
17 Sec. 65-15. Mental Health and Developmental Disabilities
18 Administrative Act. The Department has the power 1. to
19 exercise the powers and duties set forth in the Mental Health
20 and Developmental Disabilities Administrative Act.
21 (Source: P.A. 89-507, eff. 7-1-97.)
22 (20 ILCS 1710/65-20 new)
23 (was 20 ILCS 1710/53, subdivs. (a)2 and (a)4) (from Ch.
24 127, par. 53)
25 Sec. 65-20. Mental Health and Developmental Disabilities
26 Code.
27 (a) The Department has the power 2. to administer the
28 provisions of the Mental Health and Developmental
29 Disabilities Code that which pertain to the responsibilities
30 of the Department of Human Services.
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1 (b) The Department has the power 4. to initiate
2 injunction proceedings wherever it appears to the Secretary
3 of Human Services that any person, group of persons, or
4 corporation is engaged or about to engage in any acts or
5 practices that which constitute or will constitute a
6 violation of the Mental Health and Developmental Disabilities
7 Code or any rule or regulation prescribed under authority of
8 that Code thereof. The Secretary of Human Services may, in
9 his or her discretion, through the Attorney General, file a
10 complaint and apply for an injunction, and upon a proper
11 showing, any circuit court may issue a permanent or
12 preliminary injunction or a temporary restraining order
13 without bond to enforce that Code, rule, or regulation such
14 Acts in addition to the penalties and other remedies provided
15 in that Code, rule, or regulation. such Acts and Either party
16 may appeal as in other civil cases.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 (20 ILCS 1710/65-25 new)
19 (was 20 ILCS 1710/53, subdiv. (a)3) (from Ch. 127, par.
20 53)
21 Sec. 65-25. Escaped Inmate Damages Act. The Department
22 has the power 3. To exercise the powers and fulfill the
23 duties assigned the Department by the Escaped Inmate Damages
24 Act.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 (20 ILCS 1710/65-30 new)
27 (was 20 ILCS 1710/53a) (from Ch. 127, par. 53a)
28 Sec. 65-30. Specialized living centers. 53a. The
29 Department of Human Services shall exercise the powers and
30 perform the functions and duties as prescribed in the
31 Specialized Living Centers Act.
32 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 1710/65-50 new)
2 (was 20 ILCS 1710/53, subdiv. (a)5) (from Ch. 127, par.
3 53)
4 Sec. 65-50. Security force. The Department has the power
5 5. to appoint, subject to the Personnel Code, members of a
6 security force who shall be authorized to transport
7 recipients between Department facilities or other locations,
8 search for and attempt to locate and transport missing
9 recipients, enforce Section 47 of the Mental Health and
10 Developmental Disabilities Administrative Act, and perform
11 other required duties. The director of a mental health or
12 developmental disability facility shall have authority to
13 direct security forces. This authorization shall remain in
14 effect even if security forces are transporting recipients
15 across county or State boundaries. Security forces
16 performing their duties shall be indemnified as provided
17 under the State Employee Indemnification Act.
18 (Source: P.A. 89-507, eff. 7-1-97.)
19 (20 ILCS 1710/65-75 new)
20 (was 20 ILCS 1710/65-53, subsec. (b)) (from Ch. 127, par.
21 53)
22 Sec. 65-75. Criminal history record information.
23 (b) Whenever the Department is authorized or required by law
24 to consider some aspect of criminal history record
25 information for the purpose of carrying out its statutory
26 powers and responsibilities, then, upon request and payment
27 of fees in conformance with the requirements of subsection 22
28 of Section 100-400 55a of the Department of State Police Law
29 (20 ILCS 2605/100-400) Civil Administrative Code of Illinois,
30 the Department of State Police is authorized to furnish,
31 pursuant to positive identification, the such information
32 contained in State files that as is necessary to fulfill the
33 request.
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (20 ILCS 1710/65-100 new)
3 (was 20 ILCS 1710/53d)
4 Sec. 65-100. Grants to Illinois Special Olympics. 53d.
5 The Department of Human Services shall make grants to the
6 Illinois Special Olympics for area and statewide athletic
7 competitions from appropriations to the Department from the
8 Illinois Special Olympics Checkoff Fund, a special fund
9 created in the State treasury.
10 (Source: P.A. 88-459; 89-507, eff. 7-1-97.)
11 (20 ILCS 1905/Art. 70 heading new)
12 ARTICLE 70. DEPARTMENT OF NATURAL
13 RESOURCES (MINES AND MINERALS)
14 (20 ILCS 1905/70-1 new)
15 Sec. 70-1. Article short title. This Article 70 of the
16 Civil Administrative Code of Illinois may be cited as the
17 Department of Natural Resources (Mines and Minerals) Law.
18 (20 ILCS 1905/70-5 new)
19 Sec. 70-5. Definition. In this Law, "Department" means
20 the Department of Natural Resources.
21 (20 ILCS 1905/70-10 new)
22 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
23 Sec. 70-10. Powers, generally. 45. The Department has
24 the powers described in Sections 70-15, 70-20, 70-25, 70-30,
25 70-40, 70-45, 70-50, 70-90, 70-100, and 70-200. of Natural
26 Resources shall have power:
27 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
28 (20 ILCS 1905/70-15 new)
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1 (was 20 ILCS 1905/45, par. 1) (from Ch. 127, par. 45)
2 Sec. 70-15. Mine accidents. The Department has the power
3 1. to acquire and diffuse information concerning the nature,
4 causes, and prevention of mine accidents.;
5 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
6 (20 ILCS 1905/70-20 new)
7 (was 20 ILCS 1905/45, par. 2) (from Ch. 127, par. 45)
8 Sec. 70-20. Mine methods, conditions, and equipment. The
9 Department has the power 2. to acquire and diffuse
10 information concerning the improvement of methods,
11 conditions, and equipment of mines, with special reference to
12 health, safety, and conservation of mineral resources.;
13 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
14 (20 ILCS 1905/70-25 new)
15 (was 20 ILCS 1905/45, par. 3) (from Ch. 127, par. 45)
16 Sec. 70-25. Economic conditions affecting mineral
17 industries. The Department has the power 3. to make
18 inquiries into the economic conditions affecting the mining,
19 quarrying, metallurgical, clay, oil, and other mineral
20 industries.;
21 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
22 (20 ILCS 1905/70-30 new)
23 (was 20 ILCS 1905/45, par. 4) (from Ch. 127, par. 45)
24 Sec. 70-30. Technical efficiency of persons working in
25 mines. The Department has the power 4. to promote the
26 technical efficiency of all persons working in and about the
27 mines of the State, and to assist them better to overcome the
28 increasing difficulties of mining, and for that purpose to
29 provide bulletins, traveling libraries, lectures,
30 correspondence work, classes for systematic instruction, or
31 meetings for the reading and discussion of papers, and to
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1 that end to cooperate with the University of Illinois.;
2 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
3 (20 ILCS 1905/70-35 new)
4 (was 20 ILCS 1905/47)
5 Sec. 70-35. 47. Coal quality testing program. The
6 Department's Department of Natural Resources' analytical
7 laboratory is authorized to test the quality of coal
8 delivered under State coal purchase contracts. The
9 Department shall establish, by rule, the fee charged to
10