State of Illinois
90th General Assembly
Legislation

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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.
                                                     LRB9000008DJcc
                                               LRB9000008DJcc
 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24    provision is therefore repealed without  being  continued  in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
                            -2-                LRB9000008DJcc
 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
                            -3-                LRB9000008DJcc
 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/).
                            -4-                LRB9000008DJcc
 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
                            -5-                LRB9000008DJcc
 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.
                            -6-                LRB9000008DJcc
 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;
                            -7-                LRB9000008DJcc
 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.
                            -8-                LRB9000008DJcc
 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
                            -9-                LRB9000008DJcc
 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,
                            -10-               LRB9000008DJcc
 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.)
                            -11-               LRB9000008DJcc
 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
                            -12-               LRB9000008DJcc
 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)
                            -13-               LRB9000008DJcc
 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.
                            -14-               LRB9000008DJcc
 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)
                            -15-               LRB9000008DJcc
 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.)
                            -16-               LRB9000008DJcc
 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.
                            -17-               LRB9000008DJcc
 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
                            -18-               LRB9000008DJcc
 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)
                            -19-               LRB9000008DJcc
 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
                            -20-               LRB9000008DJcc
 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.)
                            -21-               LRB9000008DJcc
 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
                            -22-               LRB9000008DJcc
 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)
                            -23-               LRB9000008DJcc
 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)
                            -24-               LRB9000008DJcc
 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.)
                            -25-               LRB9000008DJcc
 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
                            -26-               LRB9000008DJcc
 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
                            -27-               LRB9000008DJcc
 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
                            -28-               LRB9000008DJcc
 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
                            -29-               LRB9000008DJcc
 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.)
                            -30-               LRB9000008DJcc
 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
                            -31-               LRB9000008DJcc
 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
                            -32-               LRB9000008DJcc
 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
                            -33-               LRB9000008DJcc
 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
                            -34-               LRB9000008DJcc
 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
                            -35-               LRB9000008DJcc
 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
                            -36-               LRB9000008DJcc
 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
                            -37-               LRB9000008DJcc
 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.
                            -38-               LRB9000008DJcc
 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
                            -39-               LRB9000008DJcc
 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.)
                            -40-               LRB9000008DJcc
 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
                            -41-               LRB9000008DJcc
 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
                            -42-               LRB9000008DJcc
 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
                            -43-               LRB9000008DJcc
 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
                            -44-               LRB9000008DJcc
 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
                            -45-               LRB9000008DJcc
 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
                            -46-               LRB9000008DJcc
 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
                            -47-               LRB9000008DJcc
 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
                            -48-               LRB9000008DJcc
 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
                            -49-               LRB9000008DJcc
 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
                            -50-               LRB9000008DJcc
 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
                            -51-               LRB9000008DJcc
 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.)
                            -52-               LRB9000008DJcc
 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
                            -53-               LRB9000008DJcc
 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
                            -54-               LRB9000008DJcc
 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
                            -55-               LRB9000008DJcc
 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
                            -56-               LRB9000008DJcc
 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)
                            -57-               LRB9000008DJcc
 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
                            -58-               LRB9000008DJcc
 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.
                            -59-               LRB9000008DJcc
 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
                            -60-               LRB9000008DJcc
 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
                            -61-               LRB9000008DJcc
 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.
                            -62-               LRB9000008DJcc
 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
                            -63-               LRB9000008DJcc
 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,
                            -64-               LRB9000008DJcc
 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
                            -65-               LRB9000008DJcc
 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
                            -66-               LRB9000008DJcc
 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)
                            -67-               LRB9000008DJcc
 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.
                            -68-               LRB9000008DJcc
 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,
                            -69-               LRB9000008DJcc
 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
                            -70-               LRB9000008DJcc
 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.)
                            -71-               LRB9000008DJcc
 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
                            -72-               LRB9000008DJcc
 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)
                            -73-               LRB9000008DJcc
 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
                            -74-               LRB9000008DJcc
 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.
                            -75-               LRB9000008DJcc
 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
                            -76-               LRB9000008DJcc
 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
                            -77-               LRB9000008DJcc
 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
                            -78-               LRB9000008DJcc
 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.
                            -79-               LRB9000008DJcc
 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
                            -80-               LRB9000008DJcc
 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.
                            -81-               LRB9000008DJcc
 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'
                            -82-               LRB9000008DJcc
 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
                            -83-               LRB9000008DJcc
 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
                            -84-               LRB9000008DJcc
 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
                            -85-               LRB9000008DJcc
 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.
                            -86-               LRB9000008DJcc
 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
                            -87-               LRB9000008DJcc
 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
                            -88-               LRB9000008DJcc
 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
                            -89-               LRB9000008DJcc
 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
                            -90-               LRB9000008DJcc
 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
                            -91-               LRB9000008DJcc
 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
                            -92-               LRB9000008DJcc
 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
                            -93-               LRB9000008DJcc
 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
                            -94-               LRB9000008DJcc
 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
                            -95-               LRB9000008DJcc
 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.)
                            -96-               LRB9000008DJcc
 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)
                            -97-               LRB9000008DJcc
 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
                            -98-               LRB9000008DJcc
 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
                            -99-               LRB9000008DJcc
 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.
                            -100-              LRB9000008DJcc
 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)
                            -101-              LRB9000008DJcc
 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)
                            -102-              LRB9000008DJcc
 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
                            -103-              LRB9000008DJcc
 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
                            -104-              LRB9000008DJcc
 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
                            -105-              LRB9000008DJcc
 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
                            -106-              LRB9000008DJcc
 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
                            -107-              LRB9000008DJcc
 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:
                            -108-              LRB9000008DJcc
 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
                            -109-              LRB9000008DJcc
 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
                            -110-              LRB9000008DJcc
 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
                            -111-              LRB9000008DJcc
 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
                            -112-              LRB9000008DJcc
 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
                            -113-              LRB9000008DJcc
 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.
                            -114-              LRB9000008DJcc
 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
                            -115-              LRB9000008DJcc
 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)
                            -116-              LRB9000008DJcc
 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
                            -117-              LRB9000008DJcc
 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
                            -118-              LRB9000008DJcc
 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.)
                            -119-              LRB9000008DJcc
 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)
                            -120-              LRB9000008DJcc
 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)
                            -121-              LRB9000008DJcc
 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.
                            -122-              LRB9000008DJcc
 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
                            -123-              LRB9000008DJcc
 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.)
                            -124-              LRB9000008DJcc
 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
                            -125-              LRB9000008DJcc
 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.)
                            -126-              LRB9000008DJcc
 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.
                            -127-              LRB9000008DJcc
 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
                            -128-              LRB9000008DJcc
 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
                            -129-              LRB9000008DJcc
 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
                            -130-              LRB9000008DJcc
 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;
                            -131-              LRB9000008DJcc
 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;
                            -132-              LRB9000008DJcc
 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
                            -133-              LRB9000008DJcc
 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
                            -134-              LRB9000008DJcc
 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
                            -135-              LRB9000008DJcc
 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
                            -136-              LRB9000008DJcc
 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
                            -137-              LRB9000008DJcc
 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
                            -138-              LRB9000008DJcc
 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
                            -139-              LRB9000008DJcc
 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
                            -141-              LRB9000008DJcc
 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
                            -142-              LRB9000008DJcc
 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
                            -143-              LRB9000008DJcc
 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
                            -144-              LRB9000008DJcc
 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.;
                            -145-              LRB9000008DJcc
 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
                            -146-              LRB9000008DJcc
 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.;
                            -147-              LRB9000008DJcc
 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
                            -148-              LRB9000008DJcc
 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
                            -149-              LRB9000008DJcc
 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
                            -150-              LRB9000008DJcc
 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.)
                            -151-              LRB9000008DJcc
 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)
                            -152-              LRB9000008DJcc
 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
                            -153-              LRB9000008DJcc
 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
                            -154-              LRB9000008DJcc
 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
                            -155-              LRB9000008DJcc
 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
                            -156-              LRB9000008DJcc
 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
                            -157-              LRB9000008DJcc
 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
                            -158-              LRB9000008DJcc
 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
                            -159-              LRB9000008DJcc
 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.)
                            -160-              LRB9000008DJcc
 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
                            -161-              LRB9000008DJcc
 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
                            -162-              LRB9000008DJcc
 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
                            -163-              LRB9000008DJcc
 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
                            -164-              LRB9000008DJcc
 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.)
                            -165-              LRB9000008DJcc
 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,
                            -166-              LRB9000008DJcc
 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
                            -167-              LRB9000008DJcc
 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,
                            -168-              LRB9000008DJcc
 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
                            -169-              LRB9000008DJcc
 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
                            -170-              LRB9000008DJcc
 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.
                            -171-              LRB9000008DJcc
 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
                            -172-              LRB9000008DJcc
 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
                            -173-              LRB9000008DJcc
 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
                            -174-              LRB9000008DJcc
 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
                            -175-              LRB9000008DJcc
 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.
                            -176-              LRB9000008DJcc
 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
                            -177-              LRB9000008DJcc
 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
                            -178-              LRB9000008DJcc
 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
                            -179-              LRB9000008DJcc
 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)
                            -180-              LRB9000008DJcc
 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
                            -181-              LRB9000008DJcc
 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
                            -182-              LRB9000008DJcc
 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:
                            -183-              LRB9000008DJcc
 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
                            -184-              LRB9000008DJcc
 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.
                            -185-              LRB9000008DJcc
 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
                            -186-              LRB9000008DJcc
 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
                            -187-              LRB9000008DJcc
 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.
                            -188-              LRB9000008DJcc
 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.
                            -189-              LRB9000008DJcc
 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.)
                            -190-              LRB9000008DJcc
 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.)
                            -191-              LRB9000008DJcc
 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.
                            -192-              LRB9000008DJcc
 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
                            -193-              LRB9000008DJcc
 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
                            -194-              LRB9000008DJcc
 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
                            -195-              LRB9000008DJcc
 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,
                            -196-              LRB9000008DJcc
 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,
                            -197-              LRB9000008DJcc
 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.)
                            -198-              LRB9000008DJcc
 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
                            -199-              LRB9000008DJcc
 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
                            -200-              LRB9000008DJcc
 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
                            -201-              LRB9000008DJcc
 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
                            -202-              LRB9000008DJcc
 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
                            -203-              LRB9000008DJcc
 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
                            -204-              LRB9000008DJcc
 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)
                            -205-              LRB9000008DJcc
 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)
                            -206-              LRB9000008DJcc
 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
                            -207-              LRB9000008DJcc
 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
                            -208-              LRB9000008DJcc
 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)
                            -209-              LRB9000008DJcc
 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)
                            -210-              LRB9000008DJcc
 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
                            -211-              LRB9000008DJcc
 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
                            -212-              LRB9000008DJcc
 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.)
                            -213-              LRB9000008DJcc
 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)
                            -214-              LRB9000008DJcc
 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)
                            -215-              LRB9000008DJcc
 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.
                            -216-              LRB9000008DJcc
 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
                            -217-              LRB9000008DJcc
 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
                            -218-              LRB9000008DJcc
 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)
                            -219-              LRB9000008DJcc
 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
                            -220-              LRB9000008DJcc
 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
                            -221-              LRB9000008DJcc
 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.)
                            -222-              LRB9000008DJcc
 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
                            -223-              LRB9000008DJcc
 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. ;
                            -224-              LRB9000008DJcc
 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
                            -225-              LRB9000008DJcc
 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)
                            -226-              LRB9000008DJcc
 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
                            -227-              LRB9000008DJcc
 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
                            -228-              LRB9000008DJcc
 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
                            -229-              LRB9000008DJcc
 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
                            -230-              LRB9000008DJcc
 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
                            -231-              LRB9000008DJcc
 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)
                            -232-              LRB9000008DJcc
 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.)
                            -233-              LRB9000008DJcc
 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.)
                            -234-              LRB9000008DJcc
 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.
                            -235-              LRB9000008DJcc
 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)
                            -236-              LRB9000008DJcc
 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
                            -237-              LRB9000008DJcc
 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.
                            -238-              LRB9000008DJcc
 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.)
                            -239-              LRB9000008DJcc
 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.
                            -240-              LRB9000008DJcc
 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)
                            -241-              LRB9000008DJcc
 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
                            -242-              LRB9000008DJcc
 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