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90_HB3047
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
Administrative Code to reflect the renumbering of the Code
Sections. Effective January 1, 1999.
LRB9009239DJcd
LRB9009239DJcd
1 AN ACT to revise 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 and technical changes.
10 Section 1-10. Prior law.
11 (a) A provision revised and continued in the Civil
12 Administrative Code of Illinois by this amendatory Act shall
13 be construed as a continuation of the prior law and not as a
14 new or different law.
15 (b) A citation in an Act other than the Civil
16 Administrative Code of Illinois to a Section of that Code
17 that is renumbered and continued in that Code by this
18 amendatory Act shall be construed to be a citation to that
19 renumbered and continued provision in that Code.
20 (c) Section 46.20 of the Civil Administrative Code of
21 Illinois (20 ILCS 605/46.20), which authorizes the
22 Department of Commerce and Community Affairs to make rules
23 and regulations, duplicates Section 46.42 of the Code (20
24 ILCS 605.46.42). Section 46.20 is therefore redundant and is
25 repealed without being continued in the Code. Section 46.42
26 is continued in the Code at 20 ILCS 605/35-95.
27 Section 1-15. Other Acts of the General Assembly. If any
28 other Act of the General Assembly changes, adds, or repeals a
29 provision of prior law that is renumbered and continued in
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1 the Civil Administrative Code of Illinois by this amendatory
2 Act, then that change, addition, or repeal in the other Act
3 shall be construed together with the Civil Administrative
4 Code of Illinois as amended by this amendatory Act.
5 Section 1-20. Matters of form.
6 (a) The parenthetic citation before a new Article
7 heading or new Section in the Form "(XX ILCS XX/Art. XX
8 heading new)" or "(XX ILCS XX/XX new)" (i) is an
9 informational reference to the citation of the new Article
10 heading or new Section in the Illinois Compiled Statutes and
11 (ii) is not part of the text of the law.
12 (b) The parenthetic citation before a new Section in the
13 form "(was XX ILCS XX/XX)" (i) is an informational reference
14 to the prior law from which the new Section is derived and
15 (ii) is not part of the text of the law.
16 (c) In the text of a new Section, (i) matter that is
17 stricken indicates a deletion from the prior law and (ii)
18 matter that is underscored indicates an addition to the prior
19 law. The purpose of striking and underscoring in this manner
20 is to clearly indicate all changes to prior laws that are
21 being renumbered and continued in the Civil Administrative
22 Code of Illinois. Matter in the text of a new Section that
23 is not stricken or underscored is matter being continued in
24 the Code with no changes.
25 (d) The parenthetic citation after a Section in the form
26 "(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i)
27 is an informational reference to the most recent sources of
28 the continued text in the Session Laws of Illinois and (ii)
29 is not part of the text of the law.
30 Section 1-25. Home rule; mandates. No provision
31 incorporated into the Civil Administrative Code of Illinois
32 by this amendatory Act (i) is a denial of or limitation on
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1 home rule powers if no denial or limitation existed under
2 prior law or (ii) creates a State mandate under the State
3 Mandates Act if no mandate existed under prior law.
4 Section 1-30. Titles; Articles; captions. The language
5 contained in the Titles, Article headings, and Section and
6 subsection captions in this Code:
7 (1) is intended only as a general description that is not
8 a part of the substantive provisions of this Code;
9 (2) does not take precedence over the content of the
10 substantive provisions of this Code; and
11 (3) shall not be used in construing the meaning of the
12 substantive provisions of this Code.
13 ARTICLE 5. AMENDATORY PROVISIONS
14 Section 5-5. The Civil Administrative Code of Illinois
15 is amended by changing and renumbering and, in part,
16 resectioning the Sections of the Code and by adding certain
17 Article headings and Sections to the Code as follows:
18 (20 ILCS 5/Art. 1 heading new)
19 ARTICLE 1. SHORT TITLE
20 AND GENERAL PROVISIONS
21 (20 ILCS 5/1-1 new)
22 (was 20 ILCS 5/1) (from Ch. 127, par. 1)
23 Sec. 1-1. Short title. 1. This Act may be cited as the
24 Civil Administrative Code of Illinois.
25 (Source: P.A. 86-1475.)
26 (20 ILCS 5/1-5 new)
27 Sec. 1-5. Articles. The Civil Administrative Code of
28 Illinois consists of the following Articles:
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1 Article 1. Short title and general provisions (20 ILCS
2 5/1-1 and following).
3 Article 5. Departments of State Government Law (20 ILCS
4 5/5-1 and following).
5 Article 10. Department on Aging Law (20 ILCS 110/).
6 Article 15. Department of Agriculture Law (20 ILCS 205/).
7 Article 20. Department of Human Services (Alcoholism and
8 Substance Abuse) Law (20 ILCS 310/).
9 Article 25. Department of Central Management Services Law
10 (20 ILCS 405/).
11 Article 30. Department of Children and Family Services
12 Powers Law (20 ILCS 510/).
13 Article 35. Department of Commerce and Community Affairs
14 Law (20 ILCS 605/).
15 Article 40. Department of Natural Resources
16 (Conservation) Law (20 ILCS 805/).
17 Article 45. Department of Employment Security Law (20
18 ILCS 1005/).
19 Article 55. Department of Insurance Law (20 ILCS 1405/).
20 Article 60. Department of Labor Law (20 ILCS 1505/).
21 Article 65. Department of Human Services (Mental Health
22 and Developmental Disabilities) Law (20 ILCS 1710/).
23 Article 70. Department of Natural Resources (Mines and
24 Minerals) Law (20 ILCS 1905/).
25 Article 75. Department of Nuclear Safety Law (20 ILCS
26 2005/).
27 Article 80. Department of Professional Regulation Law (20
28 ILCS 2105/).
29 Article 85. Department of Public Aid Law (20 ILCS 2205/).
30 Article 90. Department of Public Health Powers and Duties
31 Law (20 ILCS 2310/).
32 Article 95. Department of Revenue Law (20 ILCS 2505/).
33 Article 100. Department of State Police Law (20 ILCS
34 2605/).
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1 Article 105. Department of Transportation Law (20 ILCS
2 2705/).
3 Article 150. University of Illinois Exercise of Functions
4 and Duties Law (110 ILCS 355/).
5 Article 200. State Budget Law (15 ILCS 20/).
6 Article 205. State Fair Grounds Title Law (5 ILCS 620/).
7 (20 ILCS 5/Art. 5 heading new)
8 ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT
9 (20 ILCS 5/5-1 new)
10 Sec. 5-1. Article short title. This Article 5 of the
11 Civil Administrative Code of Illinois may be cited as the
12 Departments of State Government Law.
13 (20 ILCS 5/5-5 new)
14 (was 20 ILCS 5/2) (from Ch. 127, par. 2)
15 Sec. 5-5. "Department". 2. The word "department," As used
16 in the Civil Administrative Code of Illinois this Act shall,
17 unless the context otherwise clearly indicates, the word
18 "department" means mean the several departments of the State
19 government as designated in Section 5-15 3 of this Law Act,
20 and none other.
21 (Source: Laws 1917, p. 2.)
22 (20 ILCS 5/5-10 new)
23 (was 20 ILCS 5/2.1)
24 Sec. 5-10. "Director". 2.1. As used in the Civil
25 Administrative this Code of Illinois, unless the context
26 clearly indicates otherwise, the word "director" means the
27 several directors of the departments of State government as
28 designated in Section 5-20 4 of this Law Code and includes
29 the Secretary of Human Services and the Secretary of
30 Transportation.
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (20 ILCS 5/5-15 new)
3 (was 20 ILCS 5/3) (from Ch. 127, par. 3)
4 Sec. 5-15. Departments of State government. 3. The
5 Departments of State government are created as follows:
6 The Department on Aging.
7 The Department of Agriculture.
8 The Department of Central Management Services.
9 The Department of Children and Family Services.
10 The Department of Commerce and Community Affairs.
11 The Department of Corrections.
12 The Department of Employment Security.
13 The Department of Financial Institutions.
14 The Department of Human Rights.
15 The Department of Human Services.
16 The Department of Insurance.
17 The Department of Labor.
18 The Department of the Lottery.
19 The Department of Natural Resources.
20 The Department of Nuclear Safety.
21 The Department of Professional Regulation.
22 The Department of Public Aid.
23 The Department of Public Health.
24 The Department of Revenue.
25 The Department of State Police.
26 The Department of Transportation.
27 The Department of Veterans' Affairs.
28 The Department of Agriculture;
29 The Department of Labor;
30 The Department of Transportation;
31 The Department of Human Services;
32 The Department of Public Health;
33 The Department of Professional Regulation;
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1 The Department of Natural Resources;
2 The Department of Insurance;
3 The Department of State Police;
4 The Department of Corrections;
5 The Department of Revenue;
6 The Department of Financial Institutions;
7 The Department of Public Aid;
8 The Department of Children and Family Services;
9 The Department of Commerce and Community Affairs;
10 The Department of Central Management Services;
11 The Department on Aging;
12 The Department of Veterans' Affairs;
13 The Department of Nuclear Safety;
14 The Department of Human Rights;
15 The Department of Employment Security;
16 The Department of the Lottery.
17 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
18 (20 ILCS 5/5-20 new)
19 (was 20 ILCS 5/4) (from Ch. 127, par. 4)
20 Sec. 5-20. Heads of departments. 4. Each department
21 shall have an officer as its head who shall be known as
22 director or secretary and who shall, subject to the
23 provisions of the Civil Administrative Code of Illinois this
24 Act, execute the powers and discharge the duties vested by
25 law in his or her respective department.
26 The following officers are hereby created:
27 Director of Aging, for the Department on Aging.
28 Director of Agriculture, for the Department of
29 Agriculture.
30 Director of Central Management Services, for the
31 Department of Central Management Services.
32 Director of Children and Family Services, for the
33 Department of Children and Family Services.
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1 Director of Commerce and Community Affairs, for the
2 Department of Commerce and Community Affairs.
3 Director of Corrections, for the Department of
4 Corrections.
5 Director of Employment Security, for the Department of
6 Employment Security.
7 Director of Financial Institutions, for the Department of
8 Financial Institutions.
9 Director of Human Rights, for the Department of Human
10 Rights.
11 Secretary of Human Services, for the Department of Human
12 Services.
13 Director of Insurance, for the Department of Insurance.
14 Director of Labor, for the Department of Labor.
15 Director of the Lottery, for the Department of the
16 Lottery.
17 Director of Natural Resources, for the Department of
18 Natural Resources.
19 Director of Nuclear Safety, for the Department of Nuclear
20 Safety.
21 Director of Professional Regulation, for the Department
22 of Professional Regulation.
23 Director of Public Aid, for the Department of Public Aid.
24 Director of Public Health, for the Department of Public
25 Health.
26 Director of Revenue, for the Department of Revenue.
27 Director of State Police, for the Department of State
28 Police.
29 Secretary of Transportation, for the Department of
30 Transportation.
31 Director of Veterans' Affairs, for the Department of
32 Veterans' Affairs.
33 Director of Agriculture, for the Department of
34 Agriculture;
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1 Director of Labor, for the Department of Labor;
2 Secretary of Transportation, for the Department of
3 Transportation;
4 Secretary of Human Services, for the Department of Human
5 Services;
6 Director of Public Health, for the Department of Public
7 Health;
8 Director of Professional Regulation, for the Department
9 of Professional Regulation;
10 Director of Natural Resources, for the Department of
11 Natural Resources;
12 Director of Insurance, for the Department of Insurance;
13 Director of State Police, for the Department of State
14 Police;
15 Director of Corrections, for the Department of
16 Corrections;
17 Director of Revenue, for the Department of Revenue;
18 Director of Financial Institutions, for the Department of
19 Financial Institutions;
20 Director of Children and Family Services, for the
21 Department of Children and Family Services;
22 Director of Public Aid, for the Department of Public Aid;
23 Director of Commerce and Community Affairs, for the
24 Department of Commerce and Community Affairs;
25 Director of Central Management Services, for the
26 Department of Central Management Services;
27 Director of Aging, for the Department on Aging;
28 Director of Veterans' Affairs, for the Department of
29 Veterans' Affairs;
30 Director of Human Rights, for the Department of Human
31 Rights;
32 Director of Nuclear Safety, for the Department of Nuclear
33 Safety;
34 Director of Employment Security, for the Department of
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1 Employment Security;
2 Director of the Lottery, for the Department of the
3 Lottery.
4 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.)
5 (20 ILCS 5/5-95 new)
6 (was 20 ILCS 5/34) (from Ch. 127, par. 34)
7 Sec. 5-95. Pending actions and proceedings. 34. Neither
8 the Civil Administrative Code of Illinois nor this Act or any
9 amendments to the Code thereto shall not affect any act done,
10 ratified, or confirmed, or any right accrued or established,
11 or any action or proceeding had or commenced in a civil or
12 criminal cause before the Code this Act or any amendments to
13 the Code take thereto takes effect. Those; but such actions
14 or proceedings may be prosecuted and continued by the
15 department having jurisdiction, under the Code this Act or
16 any amendments to the Code, thereto of the subject matter to
17 which the such litigation or proceeding pertains.
18 (Source: Laws 1925, p. 585.)
19 (20 ILCS 5/5-100 new)
20 (was 20 ILCS 5/5) (from Ch. 127, par. 5)
21 Sec. 5-100. Executive and administrative officers,
22 boards, and commissions. 5. In addition to the directors of
23 departments, the following executive and administrative
24 officers, boards, and commissions designated in the Sections
25 following this Section and preceding Section 5-200 are
26 created. These, which officers, boards, and commissions in
27 the respective departments shall hold offices created and
28 designated in those Sections 5.01 to 5.13j, each inclusive.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 5/5-105 new)
31 (was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14)
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1 Sec. 5-105. Direction, supervision, and control of
2 officers. Each officer 5.14. The officers named in the
3 Sections following Section 5-100 and preceding Section 5-200
4 5.01 to 5.13j shall, except as otherwise provided in the
5 Civil Administrative Code of Illinois this Act, be under the
6 direction, supervision, and control of the director or
7 secretary of the officer's their respective department
8 departments and shall perform the such duties prescribed by
9 as the director or secretary shall prescribe.
10 (Source: P.A. 89-507, eff. 7-1-97.)
11 (20 ILCS 5/5-110 new)
12 (was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02)
13 Sec. 5-110. 5.02. In the Department of Agriculture.
14 Assistant Director of Agriculture.
15 (Source: P.A. 80-594.)
16 (20 ILCS 5/5-115 new)
17 (was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e)
18 Sec. 5-115. 5.13e. In the Department of Central
19 Management Services. Two Assistant Directors of Central
20 Management Services.
21 (Source: P.A. 82-789.)
22 (20 ILCS 5/5-120 new)
23 (was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g)
24 Sec. 5-120. 5.13g. In the Department of Commerce and
25 Community Affairs. Assistant Director of Commerce and
26 Community Affairs.
27 (Source: P.A. 81-1509.)
28 (20 ILCS 5/5-125 new)
29 (was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i)
30 Sec. 5-125. 5.13i. In the Department of Employment
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1 Security. The board of review, which shall consist of 5 five
2 members, 2 two of whom shall be representative citizens
3 chosen from the employee class, 2 two of whom shall be
4 representative citizens chosen from the employing class, and
5 one of whom shall be a representative citizen not identified
6 with either the employing or employee classes.
7 (Source: P.A. 84-1240.)
8 (20 ILCS 5/5-130 new)
9 (was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b)
10 Sec. 5-130. 5.13b. In the Department of Financial
11 Institutions. Assistant Director of Financial Institutions.
12 (Source: Laws 1959, p. 2245.)
13 (20 ILCS 5/5-135 new)
14 (was 20 ILCS 5/5.13j)
15 Sec. 5-135. 5.13j. In the Department of Human Services.
16 There shall be 2 Assistant Secretaries of Human Services.
17 Their initial terms shall run from the date of appointment
18 until January 18, 1999, and until their successors have been
19 appointed and have qualified. Thereafter, their terms shall
20 be as provided in Section 5-605 12 of this Law Code.
21 (Source: P.A. 89-507, eff. 7-1-97.)
22 (20 ILCS 5/5-140 new)
23 (was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10)
24 Sec. 5-140. 5.10 In the Department of Insurance.
25 Assistant Director of Insurance.
26 (Source: Laws 1953, p. 82, 567, and 916.)
27 (20 ILCS 5/5-145 new)
28 (was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03)
29 Sec. 5-145. 5.03. In the Department of Labor. Assistant
30 Director of Labor; Chief Factory Inspector; and
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1 Superintendent of Safety Inspection and Education.
2 (Source: P.A. 83-1503.)
3 (20 ILCS 5/5-150 new)
4 (was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09)
5 Sec. 5-150. 5.09. In the Department of Natural Resources.
6 Assistant Director of Natural Resources.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (20 ILCS 5/5-155 new)
9 (was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04)
10 Sec. 5-155. 5.04. In the Office of Mines and Minerals of
11 the Department of Natural Resources. In the Office of Mines
12 and Minerals of the Department of Natural Resources, there
13 shall be a State Mining Board, which shall consist of 6 six
14 officers designated as mine officers and the Director of the
15 Office of Mines and Minerals. Three officers shall be
16 representatives of the employing class and 3 of the employee
17 class. The 6 mine officers shall be qualified as follows:
18 (1) A. Two mine officers from the employing class
19 shall have at least 4 years experience in a supervisory
20 capacity in an underground coal mine and each shall hold
21 a certificate of competency as a mine examiner or mine
22 manager.
23 (2) B. The third mine officer from the employing
24 class shall have at least 4 years experience in a
25 supervisory capacity in a surface coal mine.
26 (3) C. Two mine officers from the employee class
27 shall have 4 years experience in an underground coal mine
28 and shall hold a first class certificate of competency.
29 (4) D. The third mine officer from the employee
30 class shall have at least 4 years experience in a surface
31 coal mine.
32 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (20 ILCS 5/5-160 new)
2 (was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h)
3 Sec. 5-160. 5.13h. In the Department of Nuclear Safety.
4 Assistant Director of Nuclear Safety.
5 (Source: P.A. 82-783.)
6 (20 ILCS 5/5-165 new)
7 (was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c)
8 Sec. 5-165. 5.13c. In the Department of Public Aid.
9 Assistant Director of Public Aid.
10 (Source: Laws 1963, p. 2055.)
11 (20 ILCS 5/5-170 new)
12 (was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07)
13 Sec. 5-170. 5.07. In the Department of Public Health.
14 Assistant Director of Public Health.
15 (Source: Laws 1953, p. 82, 567, and 916.)
16 (20 ILCS 5/5-175 new)
17 (was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12)
18 Sec. 5-175. 5.12. In the Department of Revenue. Assistant
19 Director of Revenue; and State Lottery Superintendent.
20 (Source: P.A. 83-1250.)
21 (20 ILCS 5/5-180 new)
22 (was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11)
23 Sec. 5-180. 5.11. In the Department of State Police.
24 Assistant Director of State Police.
25 (Source: P.A. 84-25.)
26 (20 ILCS 5/5-185 new)
27 (was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05)
28 Sec. 5-185. 5.05. In the Department of Transportation.
29 Assistant Secretary of Transportation.
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1 (Source: P.A. 77-153.)
2 (20 ILCS 5/5-190 new)
3 (was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a)
4 Sec. 5-190. 5.01a. In the Department of Veterans'
5 Affairs. Assistant Director of Veterans' Affairs.
6 (Source: P.A. 79-376.)
7 (20 ILCS 5/5-200 new)
8 (was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11)
9 Sec. 5-200. 7.11. Director of Aging. The Director of
10 Aging shall be a senior citizen, as that such term is defined
11 in the "Illinois Act on the Aging", enacted by the
12 Seventy-eighth General Assembly, as now or hereafter amended,
13 who has sufficient experience in providing services to the
14 aging.
15 (Source: P.A. 78-242.)
16 (20 ILCS 5/5-210 new)
17 (was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08)
18 Sec. 5-210. 7.08. Director of Children and Family
19 Services. The Director of Children and Family Services shall
20 be qualified by professional education and experience to
21 administer the Department.
22 (Source: Laws 1963, p. 1055.)
23 (20 ILCS 5/5-215 new)
24 (was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06)
25 Sec. 5-215. Director and Assistant Director of Financial
26 Institutions. 7.06. The Director and Assistant Director of
27 Financial Institutions shall be persons thoroughly conversant
28 with the theory and practice of the business and purposes of
29 financial institutions.
30 (Source: Laws 1959, p. 2245.)
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1 (20 ILCS 5/5-220 new)
2 (was 20 ILCS 5/7.07b)
3 Sec. 5-220. 7.07b. Secretary of Human Services. The
4 initial term of the Secretary of Human Services shall run
5 from the date of appointment until January 18, 1999, and
6 until a successor has been appointed and has qualified.
7 Thereafter, terms shall be as provided in Section 5-605 12 of
8 this Law Code.
9 (Source: P.A. 89-507, eff. 7-1-97.)
10 (20 ILCS 5/5-225 new)
11 (was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04)
12 Sec. 5-225. In the Department of Professional Regulation.
13 7.04. Neither the Director, nor any other executive and
14 administrative officer in the Department of Professional
15 Regulation shall be affiliated with any college or school
16 that which prepares individuals for licensure in any
17 profession or occupation regulated by the Department, either
18 as teacher, officer, or stockholder, nor shall the director
19 or other executive and administrative officer he hold a
20 license or certificate to exercise or practice any of the
21 professions, trades, or occupations regulated.
22 (Source: P.A. 85-225.)
23 (20 ILCS 5/5-230 new)
24 (was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09)
25 Sec. 5-230. 7.09. Director and Assistant Director of
26 Public Aid. The Director of Public Aid shall (1) have
27 substantial experience in responsible positions requiring
28 skill in administration and fiscal management, and (2) be
29 actively interested in the development of effective programs
30 for the alleviation of poverty and the reduction of
31 dependency and social maladjustment.
32 The Assistant Director of Public Aid shall have the same
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1 general qualifications as those set forth for the Director of
2 Public Aid in clauses (1) and (2) of the preceding paragraph
3 above.
4 (Source: P.A. 81-1256.)
5 (20 ILCS 5/5-235 new)
6 (was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03)
7 Sec. 5-235. In the Department of Public Health. 7.03. The
8 Director of Public Health shall be a physician licensed to
9 practice medicine in all of its branches in Illinois.
10 The Assistant Director of Public Health shall be a person
11 who has administrative experience in public health work.
12 (Source: P.A. 87-633.)
13 (20 ILCS 5/5-300 new)
14 (was 20 ILCS 5/9) (from Ch. 127, par. 9)
15 Sec. 5-300. Officers' qualifications and salaries. 9. The
16 executive and administrative officers, whose offices are
17 created by this Act, must have the qualifications prescribed
18 by law and shall receive annual salaries, payable in equal
19 monthly installments, as designated in the Sections following
20 this Section and preceding Section 5-500 9.01 through 9.25.
21 (Source: P.A. 81-1516.)
22 (20 ILCS 5/5-305 new)
23 (was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01)
24 Sec. 5-305. Officers' tuition reimbursement. 9.01.
25 Officers may receive tuition reimbursement for continuing
26 education programs at accredited colleges and universities.
27 Reimbursement of a department head's tuition shall be limited
28 to reimbursement for 4 or fewer course hours per semester,
29 shall require the Governor's approval of enrollment with
30 certification that participation will benefit the State, and
31 shall require proof of satisfactory completion of the course
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1 prior to reimbursement.
2 (Source: P.A. 84-500.)
3 (20 ILCS 5/5-310 new)
4 (was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
5 Sec. 5-310. 9.21. In the Department on of Aging. The
6 Director of Aging shall receive $35,200 from the third Monday
7 in January, 1979 to the third Monday in January, 1980;
8 $37,300 from the third Monday in January, 1980 to the third
9 Monday in January, 1981; $39,500 from the third Monday in
10 January, 1981 to the third Monday in January, 1982, and
11 $40,000 thereafter or as set by the Compensation Review
12 Board, whichever is greater.
13 (Source: P.A. 83-1177.)
14 (20 ILCS 5/5-315 new)
15 (was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
16 Sec. 5-315. 9.02. In the Department of Agriculture. The
17 Director of Agriculture shall receive $38,500 from the third
18 Monday in January, 1979 to the third Monday in January, 1980;
19 $40,800 from the third Monday in January, 1980 to the third
20 Monday in January, 1981, and $43,000 thereafter or as set by
21 the Compensation Review Board, whichever is greater.;
22 The Assistant Director of Agriculture shall receive
23 $33,000 from the third Monday in January, 1979 to the third
24 Monday in January, 1980; $34,900 from the third Monday in
25 January, 1980 to the third Monday in January, 1981 and
26 $37,000 thereafter or as set by the Compensation Review
27 Board, whichever is greater.
28 (Source: P.A. 83-1177.)
29 (20 ILCS 5/5-320 new)
30 (was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
31 Sec. 5-320. 9.19. In the Department of Central
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1 Management Services. The Director of Central Management
2 Services shall receive $52,000 annually, or an amount set by
3 the Compensation Review Board, whichever is greater.;
4 Each Assistant Director of Central Management Services
5 shall receive $40,000 annually, or an amount set by the
6 Compensation Review Board, whichever is greater.
7 (Source: P.A. 83-1177.)
8 (20 ILCS 5/5-325 new)
9 (was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
10 Sec. 5-325. 9.16. In the Department of Children and
11 Family Services. The Director of Children and Family
12 Services shall receive an annual salary of $76,991 or as set
13 by the Compensation Review Board, whichever is greater.
14 (Source: P.A. 87-1216.)
15 (20 ILCS 5/5-330 new)
16 (was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
17 Sec. 5-330. 9.18. In the Department of Commerce and
18 Community Affairs. The Director of Commerce and Community
19 Affairs shall receive $41,800 annually from the date of his
20 appointment to the third Monday in January, 1980; $44,300
21 from the third Monday in January, 1980 to the third Monday in
22 January, 1981; and $46,000 thereafter or as set by the
23 Compensation Review Board, whichever is greater.
24 The Assistant Director of Commerce and Community Affairs
25 shall receive $35,200 annually from the date of his
26 appointment to the third Monday in January, 1980; $37,300
27 from the third Monday in January, 1980 to the third Monday in
28 January, 1981, and $39,000 thereafter or as set by the
29 Compensation Review Board, whichever is greater.
30 (Source: P.A. 83-1177.)
31 (20 ILCS 5/5-335 new)
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1 (was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
2 Sec. 5-335. 9.11a. In the Department of Corrections. The
3 Director of Corrections shall receive an annual salary of
4 $85,000 or as set by the Compensation Review Board, whichever
5 is greater.
6 The Assistant Director of Corrections - Juvenile Division
7 shall receive $35,200 from the third Monday in January, 1979
8 to the third Monday in January, 1980; $37,300 from the third
9 Monday in January, 1980 to the third Monday in January, 1981,
10 and $39,000 thereafter or as set by the Compensation Review
11 Board, whichever is greater.
12 The Assistant Director of Corrections - Adult Division
13 shall receive $35,200 from the third Monday in January, 1979
14 to the third Monday in January, 1980; $37,300 from the third
15 Monday in January, 1980 to the third Monday in January, 1981,
16 and $39,000 thereafter or as set by the Compensation Review
17 Board, whichever is greater.
18 (Source: P.A. 87-1216.)
19 (20 ILCS 5/5-340 new)
20 (was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
21 Sec. 5-340. 9.30. In the Department of Employment
22 Security. The Director of Employment Security shall receive
23 an annual salary of $53,500, or an amount set by the
24 Compensation Review Board, whichever is greater.
25 Each member of the Board of Review shall receive $15,000.
26 (Source: P.A. 84-26.)
27 (20 ILCS 5/5-345 new)
28 (was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
29 Sec. 5-345. 9.15. In the Department of Financial
30 Institutions. The Director of Financial Institutions shall
31 receive $38,500 from the third Monday in January, 1979 to the
32 third Monday in January, 1980; $40,800 from the third Monday
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1 in January, 1980 to the third Monday in January, 1981, and
2 $43,000 thereafter or as set by the Compensation Review
3 Board, whichever is greater.;
4 The Assistant Director of Financial Institutions shall
5 receive $33,000 from the third Monday in January, 1979 to the
6 third Monday in January, 1980; $34,900 from the third Monday
7 in January, 1980 to the third Monday in January 1981, and
8 $37,000 thereafter or as set by the Compensation Review
9 Board, whichever is greater.
10 (Source: P.A. 83-1177.)
11 (20 ILCS 5/5-350 new)
12 (was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
13 Sec. 5-350. In the Department of Human Rights. 9.24. The
14 Director of Human Rights shall receive $44,000 or as set by
15 the Compensation Review Board, whichever is greater.
16 (Source: P.A. 83-1177.)
17 (20 ILCS 5/5-355 new)
18 (was 20 ILCS 5/9.05a)
19 Sec. 5-355. 9.05a. In the Department of Human Services.
20 The Secretary of Human Services shall receive an annual
21 salary equal to the salary payable to the Director of
22 Corrections under Section 5-335 9.11a of this Law Code, or
23 such other amount as may be set by the Compensation Review
24 Board.
25 The Assistant Secretaries of Human Services shall each
26 receive an annual salary equal to the salary payable to an
27 Assistant Director of Public Aid under Section 5-395 9.17 of
28 this Law Code, or such other amount as may be set by the
29 Compensation Review Board.
30 (Source: P.A. 89-507, eff. 7-1-97.)
31 (20 ILCS 5/5-360 new)
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1 (was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
2 Sec. 5-360. 9.10. In the Department of Insurance. The
3 Director of Insurance shall receive $38,500 from the third
4 Monday in January, 1979 to the third Monday in January, 1980;
5 $40,800 from the third Monday in January, 1980 to the third
6 Monday in January, 1981, and $43,000 thereafter or as set by
7 the Compensation Review Board, whichever is greater.;
8 The Assistant Director of Insurance shall receive $30,800
9 from the third Monday in January, 1979 to the third Monday in
10 January, 1980; $32,600 from the third Monday in January, 1980
11 to the third Monday in January, 1981; $34,600 from the third
12 Monday in January, 1981 to the third Monday in January, 1982,
13 and $36,000 thereafter or as set by the Compensation Review
14 Board, whichever is greater.
15 (Source: P.A. 83-1177.)
16 (20 ILCS 5/5-365 new)
17 (was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
18 Sec. 5-365. 9.03. In the Department of Labor. The
19 Director of Labor shall receive $38,500 from the third Monday
20 in January, 1979 to the third Monday in January, 1980;
21 $40,800 from the third Monday in January, 1980 to the third
22 Monday in January, 1981, and $43,000 thereafter or as set by
23 the Compensation Review Board, whichever is greater.;
24 The Assistant Director of Labor shall receive $33,000
25 from the third Monday in January, 1979 to the third Monday in
26 January, 1980; $34,900 from the third Monday in January, 1980
27 to the third Monday in January, 1981, and $37,000 thereafter
28 or as set by the Compensation Review Board, whichever is
29 greater.;
30 The Chief Factory Inspector shall receive $24,700 from
31 the third Monday in January, 1979 to the third Monday in
32 January, 1980, and $25,000 thereafter, or as set by the
33 Compensation Review Board, whichever is greater.;
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1 The Superintendent of Safety Inspection and Education
2 shall receive $27,500, or as set by the Compensation Review
3 Board, whichever is greater.;
4 The Superintendent of Women's and Children's Employment
5 shall receive $22,000 from the third Monday in January, 1979
6 to the third Monday in January, 1980, and $22,500 thereafter,
7 or as set by the Compensation Review Board, whichever is
8 greater.
9 (Source: P.A. 83-1177; 83-1503.)
10 (20 ILCS 5/5-370 new)
11 (was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
12 Sec. 5-370. 9.31. In the Department of the Lottery. The
13 Director of the Lottery shall receive an annual salary of
14 $39,000, or an amount set by the Compensation Review Board,
15 whichever is greater.
16 (Source: P.A. 84-1438.)
17 (20 ILCS 5/5-375 new)
18 (was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
19 Sec. 5-375. 9.09. In the Department of Natural Resources.
20 The Director of Natural Resources shall continue to receive
21 the annual salary set by law for the Director of Conservation
22 until January 20, 1997. Beginning on that date, the Director
23 of Natural Resources shall receive an annual salary of
24 $40,000 or the amount set by the Compensation Review Board,
25 whichever is greater.
26 The Assistant Director of Natural Resources shall
27 continue to receive the annual salary set by law for the
28 Assistant Director of Conservation until January 20, 1997.
29 Beginning on that date, the Assistant Director of Natural
30 Resources shall receive an annual salary of $33,000 or the
31 amount set by the Compensation Review Board, whichever is
32 greater.
-24- LRB9009239DJcd
1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 5/5-380 new)
3 (was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04)
4 Sec. 5-380. 9.04. In the Office of Mines and Minerals of
5 the Department of Natural Resources. Each mine officer shall
6 receive $7,500 or the amount set by the Compensation Review
7 Board, whichever is greater.
8 (Source: P.A. 89-445, eff. 2-7-96.)
9 (20 ILCS 5/5-385 new)
10 (was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
11 Sec. 5-385. 9.25. In the Department of Nuclear Safety.
12 The Director of Nuclear Safety shall receive $45,000 or as
13 set by the Compensation Review Board, whichever is greater.
14 (Source: P.A. 83-1177.)
15 (20 ILCS 5/5-390 new)
16 (was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
17 Sec. 5-390. 9.08. In the Department of Professional
18 Regulation. The Director of Professional Regulation shall
19 receive $35,200 from the third Monday in January, 1979 to the
20 third Monday in January, 1980; $37,300 from the third Monday
21 in January, 1980 to the third Monday in January, 1981 and
22 $44,000 thereafter or as set by the Compensation Review
23 Board, whichever is greater.
24 (Source: P.A. 85-225.)
25 (20 ILCS 5/5-395 new)
26 (was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
27 Sec. 5-395. 9.17. In the Department of Public Aid. The
28 Director of Public Aid shall receive $48,400 from the third
29 Monday in January, 1979 to the third Monday in January, 1980;
30 $51,300 from the third Monday in January, 1980 to the third
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1 Monday in January, 1981, and $52,000 thereafter or as set by
2 the Compensation Review Board, whichever is greater.;
3 The Assistant Director of Public Aid shall receive
4 $35,200 from the third Monday in January, 1979 to the third
5 Monday in January, 1980; $37,300 from the third Monday in
6 January, 1980 to the third Monday in January, 1981; $39,500
7 from the third Monday in January, 1981 to the third Monday in
8 January, 1982, and $40,000 thereafter or as set by the
9 Compensation Review Board, whichever is greater.
10 (Source: P.A. 83-1177.)
11 (20 ILCS 5/5-400 new)
12 (was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
13 Sec. 5-400. 9.07. In the Department of Public Health. The
14 Director of Public Health shall receive $48,400 from the
15 third Monday in January, 1979 to the third Monday in January,
16 1980; $51,300 from the third Monday in January, 1980 to the
17 third Monday in January, 1981, and $52,000 thereafter or as
18 set by the Compensation Review Board, whichever is greater.;
19 The Assistant Director of Public Health 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; $39,500
23 from the third Monday in January, 1981 to the third Monday in
24 January, 1982, and $40,000 thereafter or as set by the
25 Compensation Review Board, whichever is greater.
26 (Source: P.A. 83-1177.)
27 (20 ILCS 5/5-405 new)
28 (was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
29 Sec. 5-405. 9.12. In the Department of Revenue. The
30 Director of Revenue shall receive $41,800 from the third
31 Monday in January, 1979 to the third Monday in January, 1980;
32 $44,300 from the third Monday in January, 1980 to the third
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1 Monday in January, 1981, and $46,000 thereafter or as set by
2 the Compensation Review Board, whichever is greater.;
3 The Assistant Director of Revenue shall receive $35,200
4 from the third Monday in January, 1979 to the third Monday in
5 January, 1980; $37,300 from the third Monday in January, 1980
6 to the third Monday in January, 1981, and $39,000 thereafter
7 or as set by the Compensation Review Board, whichever is
8 greater.
9 Beginning July 1, 1990, the annual salary of the Taxpayer
10 Ombudsman shall be the greater of an amount set by the
11 Compensation Review Board or $69,000, adjusted each July 1
12 thereafter by a percentage increase equivalent to that of the
13 "Employment Cost Index, Wages and Salaries, By Occupation and
14 Industry Groups: State and Local Government Workers: Public
15 Administration" as published by the Bureau of Labor
16 Statistics of the U.S. Department of Labor for the calendar
17 year immediately preceding the year of the respective July
18 1st increase date, the such increase to be no less than zero
19 nor greater than 5% five percent and to be added to the then
20 current annual salary.
21 (Source: P.A. 86-1338)
22 (20 ILCS 5/5-410 new)
23 (was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
24 Sec. 5-410. 9.11. In the Department of State Police. The
25 Director of State Police shall receive $41,800 from the third
26 Monday in January, 1979 to the third Monday in January, 1980;
27 $44,300 from the third Monday in January, 1980 to the third
28 Monday in January, 1981, and $46,000 thereafter or as set by
29 the Compensation Review Board, whichever is greater.;
30 The Assistant Director of State Police shall receive
31 $35,200 from the third Monday in January, 1979 to the third
32 Monday in January, 1980; $37,300 from the third Monday in
33 January, 1980 to the third Monday in January, 1981, and
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1 $39,000 thereafter or as set by the Compensation Review
2 Board, whichever is greater.
3 (Source: P.A. 84-25; 84-832.)
4 (20 ILCS 5/5-415 new)
5 (was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
6 Sec. 5-415. 9.05. In the Department of Transportation.
7 The Secretary of Transportation shall receive $48,400 from
8 the third Monday in January, 1979 to the third Monday in
9 January, 1980; $51,300 from the third Monday in January, 1980
10 to the third Monday in January, 1981, and $52,000 thereafter
11 or as set by the Compensation Review Board, whichever is
12 greater.;
13 The Assistant Secretary of Transportation shall receive
14 $38,500 from the third Monday in January, 1979 to the third
15 Monday in January, 1980; $40,800 from the third Monday in
16 January, 1980 to the third Monday in January, 1981, and
17 $43,000 thereafter or as set by the Compensation Review
18 Board, whichever is greater.
19 (Source: P.A. 83-1177.)
20 (20 ILCS 5/5-420 new)
21 (was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
22 Sec. 5-420. In the Department of Veterans' Affairs. 9.22.
23 The Director of Veterans' Affairs shall receive $38,500 from
24 the third Monday in January, 1979 to the third Monday in
25 January, 1980; $40,800 from the third Monday in January, 1980
26 to the third Monday in January, 1981, and $43,000 thereafter
27 or as set by the Compensation Review Board, whichever is
28 greater.
29 The Assistant Director of Veterans' Affairs shall receive
30 $33,000 from the third Monday in January, 1979 to the third
31 Monday in January, 1980; $34,900 from the third Monday in
32 January, 1980 to the third Monday in January, 1981, and
-28- LRB9009239DJcd
1 $37,000 thereafter or as set by the Compensation Review
2 Board, whichever is greater.
3 (Source: P.A. 83-1177.)
4 (20 ILCS 5/5-500 new)
5 (was 20 ILCS 5/6) (from Ch. 127, par. 6)
6 Sec. 5-500. Advisory and non-executive boards. 6.
7 Advisory and non-executive boards, in the respective
8 departments, are created as designated in the Sections
9 following this Section and preceding Section 5-600 6.01
10 through 6.27. The members of the such boards shall be
11 officers.
12 (Source: P.A. 76-1158.)
13 (20 ILCS 5/5-505 new)
14 (was 20 ILCS 5/8) (from Ch. 127, par. 8)
15 Sec. 5-505. Boards' general powers and duties. 8. Each
16 advisory and non-executive board, except as otherwise
17 expressly provided in this Act, and in addition to all powers
18 and duties otherwise expressly provided, shall, with respect
19 to its field of work, or that of the department with which it
20 is associated, have the following powers and duties:
21 (1) 1. To consider and study the entire field; to
22 advise the executive officers of the department upon
23 their request; to recommend, on its own initiative,
24 policies and practices, which recommendations the
25 executive officers of the department shall duly
26 consider;, and to give advice or make recommendations to
27 the Governor and the General Assembly when so requested,
28 or on its own initiative.;
29 (2) 2. To investigate the conduct of the work of
30 the department with which it may be associated, and for
31 this purpose to have access, at any time, to all books,
32 papers, documents, and records pertaining or belonging to
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1 that department thereto, and to require written or oral
2 information from any officer or employee of that
3 department thereof;
4 (3) 3. To adopt rules, not inconsistent with law,
5 for its internal control and management., A copy of the
6 which rules shall be filed with the director of the
7 department with which the such board is associated.;
8 (4) 4. To hold meetings at the such times and
9 places as may be prescribed by the rules but, not less
10 frequently, however, than quarterly.;
11 (5) 5. To act by a sub-committee, or by a majority
12 of the board, if the rules so prescribe.;
13 (6) 6. To keep minutes of the transactions of each
14 session, regular or special, which shall be public
15 records and filed with the director of the department.;
16 (7) 7. To give notice to the Governor and to the
17 director of the department with which it is associated of
18 the time and place of every meeting, regular or special,
19 and to permit the Governor and the director of the
20 department to be present and to be heard upon any matter
21 coming before the such board.
22 (Source: Laws 1955, p. 2222.)
23 (20 ILCS 5/5-510 new)
24 (was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1)
25 Sec. 5-510. Gender balanced appointments. 8.1. All
26 appointments to boards, commissions, committees, and councils
27 of the State created by the laws of this State and after July
28 1, 1992 the effective date of this Section shall be gender
29 balanced to the extent possible and to the extent that
30 appointees are qualified to serve on those boards,
31 commissions, committees, and councils. If gender balance is
32 not possible, then appointments shall provide for significant
33 representation of both sexes to boards, commissions,
-30- LRB9009239DJcd
1 committees, and councils governed by this Section and the
2 Gender Balanced Appointments Act. If there are multiple
3 appointing authorities for a board, commission, committee, or
4 council, they shall each strive to achieve gender balance in
5 their appointments.
6 Appointments made in accordance with this Section should
7 be made in a manner that makes a good faith attempt to seek
8 gender balance based on the numbers of each gender belonging
9 to the group from which appointments are made.
10 (Source: P.A. 87-797.)
11 (20 ILCS 5/5-515 new)
12 (was 20 ILCS 5/10) (from Ch. 127, par. 10)
13 Sec. 5-515. Compensation prohibited. 10. No member of an
14 advisory and non-executive board shall receive any
15 compensation.
16 (Source: Laws 1917, p. 2.)
17 (20 ILCS 5/5-520 new)
18 (was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27)
19 Sec. 5-520. 6.27. In the Department on Aging. A Council
20 on Aging and a Coordinating Committee of State Agencies
21 Serving Older Persons composed and appointed as provided in
22 the Illinois Act on the Aging.
23 (Source: P.A. 89-249, eff. 8-4-95.)
24 (20 ILCS 5/5-525 new)
25 (was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
26 Sec. 5-525. 6.01. In the Department of Agriculture.
27 (a) A Board of Agricultural Advisors composed of 17
28 persons engaged in agricultural industries, including
29 representatives of the agricultural press and of the State
30 Agricultural Experiment Station.
31 (b) An Advisory Board of Livestock Commissioners to
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1 consist of 24 persons. The Board shall consist of the
2 administrator of animal disease programs, the Dean of the
3 College of Agriculture of the University of Illinois, the
4 Dean of the College of Veterinary Medicine of the University
5 of Illinois, and commencing on January 1, 1990 the Deans or
6 Chairmen of the Colleges or Departments of Agriculture of
7 Illinois State University, Southern Illinois University, and
8 Western Illinois University in that order who shall each
9 serve for 1 year terms, provided that commencing on January
10 1, 1993 such terms shall be for 2 years in the same order,
11 the Director of Public Health, the chairman of the
12 Agriculture, Conservation and Energy Committee of the Senate,
13 and the chairman of the Committee on Agriculture of the House
14 of Representatives, who shall ex-officio be members of the
15 Board, thereof and 17 additional persons interested in the
16 prevention, elimination and control of diseases of domestic
17 animals and poultry who shall be appointed by the Governor to
18 serve at the Governor's his pleasure. An appointed member's
19 office becomes vacant upon the member's his absence from 3
20 consecutive meetings. Of the 17 such additional persons, one
21 shall be a representative of breeders of beef cattle, one
22 shall be a representative of breeders of dairy cattle, one
23 shall be a representative of breeders of dual purpose cattle,
24 one shall be a representative of breeders of swine, one shall
25 be a representative of poultry breeders, one shall be a
26 representative of sheep breeders, one shall be a veterinarian
27 licensed in this State, one shall be a representative of
28 general or diversified farming, one shall be a representative
29 of the public stockyards, one shall be a representative of
30 livestock auction markets, one shall be a representative of
31 cattle feeders, one shall be a representative of pork
32 producers, one shall be a representative of the State
33 licensed meat packers, one shall be a representative of
34 canine breeders, one shall be a representative of equine
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1 breeders, one shall be a representative of the Illinois
2 licensed renderers, and one shall be a representative of
3 livestock dealers. The members shall receive no compensation
4 but shall be reimbursed for expenses necessarily incurred in
5 the performance of their duties. In the appointment of the
6 such Advisory Board of Livestock Commissioners, the Governor
7 shall consult with representative persons and recognized
8 organizations in the respective fields concerning the such
9 appointments.
10 Rules and regulations of the Department of Agriculture
11 pertaining to the prevention, elimination, and control of
12 diseases of domestic animals and poultry shall be submitted
13 to the Advisory Board of Livestock Commissioners for approval
14 at its duly called meeting. The chairman of the Board shall
15 certify the official minutes of the Board's action and shall
16 file the certified minutes with the Department of Agriculture
17 within 30 days after the proposed rules and regulations are
18 submitted and before they are promulgated and made effective.
19 If the Board fails to take action within 30 days this
20 limitation shall not apply and the such rules and regulations
21 may be promulgated and made effective. In the event it is
22 deemed desirable, the Board may hold hearings upon the such
23 rules and regulations or proposed revisions. The Board
24 members shall be familiar with the Acts relating to the
25 prevention, elimination, and control of diseases among
26 domestic animals and poultry. The Department shall, upon the
27 request of a Board member, advise the with such Board
28 concerning the administration of the respective Acts.
29 The Director of Agriculture or his representative from
30 the Department shall act as chairman of the Board. The
31 Director shall call meetings of the Board thereof from time
32 to time or when requested by 3 or more appointed members of
33 the Board. A quorum of appointed members must be present to
34 convene an official meeting. The chairman and ex-officio
-33- LRB9009239DJcd
1 members shall not be included in a quorum call. Ex-officio
2 members may be represented by a duly authorized
3 representative from their department, division, college, or
4 committee. Appointed members shall not be represented at a
5 meeting by another person. Ex-officio members and appointed
6 members shall have the right to vote on all proposed rules
7 and regulations; voting that in effect would pertain to
8 approving rules and regulations shall be taken by an oral
9 roll call. No member shall vote by proxy. The chairman shall
10 not vote except in the case of a tie vote. Any member
11 ex-officio or appointed member may ask for and shall receive
12 an oral roll call on any motion before the Board. The
13 Department shall provide a clerk to take minutes of the
14 meetings and record transactions of the Board. The Board, by
15 oral roll call, may require an official court reporter to
16 record the minutes of the meetings.
17 (Source: P.A. 86-232.)
18 (20 ILCS 5/5-530 new)
19 (was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a)
20 Sec. 5-530. 6.01a. In the Department of Agriculture and
21 in cooperation with the Department of Commerce and Community
22 Affairs. An Agricultural Export Advisory Committee composed
23 of the following: 2 members of the House of Representatives,
24 to be appointed by the Speaker of the House of
25 Representatives thereof; 2 members of the Senate, to be
26 appointed by the President of the Senate; the Director of
27 Agriculture, who shall serve as Secretary of the Committee;
28 and not more than 15 members to be appointed by the Governor.
29 The members of the committee shall receive no compensation,
30 but shall be reimbursed for expenses necessarily incurred in
31 the performance of their duties under this Act.
32 (Source: P.A. 81-1509.)
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1 (20 ILCS 5/5-535 new)
2 (was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15)
3 Sec. 5-535. 6.15. In the Department of Children and
4 Family Services. A Children and Family Services Advisory
5 Council of 17 members, one of whom shall be a senior citizen
6 age 60 or over, appointed by the Governor. The Such Council
7 shall advise the Department with respect to services and
8 programs for children, and for adults under its care. In
9 appointing the first Council, 8 members shall be named to
10 serve 2 years, and 8 members named to serve 4 years. The
11 member first appointed under Public this amendatory Act
12 83-1538 of 1984 shall serve for a term of 4 years. All
13 members appointed thereafter shall be appointed for terms of
14 4 years. At its first meeting the Council shall select a
15 chairman from among its members and appoint a committee to
16 draft rules of procedure.
17 (Source: P.A. 83-1538.)
18 (20 ILCS 5/5-540 new)
19 (was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, pars. 6.28
20 and 7.01)
21 Sec. 5-540. 6.28. In the Department of Employment
22 Security. An Employment Security Advisory Board, composed of
23 9 persons. Sec. 7.01. Employment Security Advisory Board;
24 members. Of the 9 members of the Employment Security
25 Advisory Board, 3 members shall be representative citizens
26 chosen from the employee class, 3 members shall be
27 representative citizens chosen from the employing class, and
28 3 members shall be representative citizens not identified
29 with either the employing class or the employee class
30 classes.
31 (Source: P.A. 90-372, eff. 7-1-98.)
32 (20 ILCS 5/5-545 new)
-35- LRB9009239DJcd
1 (was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04)
2 Sec. 5-545. 6.04. In the Department of Human Services.
3 A Psychiatric Advisory Council appointed by and at the
4 discretion of the Secretary of Human Services, consisting of
5 representatives from the several schools and institutes in
6 Illinois conducting programs of psychiatric training, which
7 shall advise the Department with respect to its policies and
8 programs relating to mental health or developmental
9 disabilities. The members shall serve for the such terms
10 that as the Secretary shall designate.
11 (Source: P.A. 89-507, eff. 7-1-97.)
12 (20 ILCS 5/5-550 new)
13 (was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
14 Sec. 5-550. 6.23. In the Department of Human Services.
15 A State Rehabilitation Advisory Council, hereinafter referred
16 to as the Council, is hereby established for the purpose of
17 advising the Secretary and the vocational rehabilitation
18 administrator of the provisions of the federal Rehabilitation
19 Act of 1973 and the Americans with Disabilities Act of 1990
20 in matters concerning individuals with disabilities and the
21 provision of rehabilitation services. The Council shall
22 consist of 23 members appointed by the Governor after
23 soliciting recommendations from representatives of
24 organizations representing a broad range of individuals with
25 disabilities and organizations interested in individuals with
26 disabilities. The Governor shall appoint to this Council the
27 following:
28 (1) One representative of a parent training center
29 established in accordance with the federal Individuals
30 with Disabilities Education Act.
31 (2) One representative of the client assistance
32 program.
33 (3) One vocational rehabilitation counselor who has
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1 knowledge of and experience with vocational
2 rehabilitation programs. (If an employee of the
3 Department is appointed, that appointee shall serve as an
4 ex officio, nonvoting member.)
5 (4) One representative of community rehabilitation
6 program service providers.
7 (5) Four representatives of business, industry, and
8 labor.
9 (6) Eight representatives of disability advocacy
10 groups representing a cross section of the following:
11 (A) individuals with physical, cognitive,
12 sensory, and mental disabilities; and
13 (B) parents, family members, guardians,
14 advocates, or authorized representative of
15 individuals with disabilities who have difficulty in
16 representing themselves or who are unable, due to
17 their disabilities, to represent themselves.
18 (7) One current or former applicant for, or
19 recipient of, vocational rehabilitation services.
20 (8) Three representatives from secondary or higher
21 education.
22 The chairperson of, or a member designated by, the Statewide
23 Independent Living Council created under Section 12a of the
24 Disabled Persons Rehabilitation Act, the chairperson of the
25 Blind Services Planning Council created under the Bureau for
26 the Blind Act, and the vocational rehabilitation
27 administrator shall serve as ex officio members.
28 The Council shall select a Chairperson.
29 The Chairperson and at least 11 other members of the
30 Council shall have a recognized disability. One member shall
31 be a senior citizen age 60 or over. A majority of the
32 Council members shall not be employees of the Department of
33 Human Services. Current members of the Rehabilitation
34 Services Advisory Council shall serve until members of the
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1 newly created Council are appointed.
2 The terms of all members appointed before the effective
3 date of Public this amendatory Act 88-10 of 1993 shall expire
4 on July 1, 1993. The members first appointed under Public
5 this amendatory Act 88-10 of 1993 shall be appointed to serve
6 for staggered terms beginning July 1, 1993, as follows: 7
7 members shall be appointed for terms of 3 years, 7 members
8 shall be appointed for terms of 2 years, and 6 members shall
9 be appointed for terms of one year. Thereafter, all
10 appointments shall be for terms of 3 years. Vacancies shall
11 be filled for the unexpired term. Members shall serve until
12 their successors are appointed and qualified. No member
13 shall serve for more than 2 full terms.
14 Members shall be reimbursed for their actual expenses
15 incurred in the performance of their duties, including
16 expenses for travel, child care, and personal assistance
17 services, and a member who is not employed or who must
18 forfeit wages from other employment shall be paid reasonable
19 compensation for each day the member is engaged in performing
20 the duties of the Council.
21 The Council shall meet at least 4 times per year at times
22 and places designated by the Chairman upon 10 days written
23 notice to the members. Special meetings may be called by the
24 Chairperson or 7 members of the Council upon 7 days written
25 notice to the other members. Nine members shall constitute a
26 quorum. No member of the Council shall cast a vote on any
27 matter that would provide direct financial benefit to the
28 member or otherwise give the appearance of a conflict of
29 interest under Illinois law.
30 The Council shall prepare and submit to the vocational
31 rehabilitation administrator the such reports and findings
32 that the vocational rehabilitation administrator as he may
33 request or that as the Council deems fit. The Council shall
34 select jointly with the vocational rehabilitation
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1 administrator a pool of qualified persons to serve as
2 impartial hearing officers.
3 To the extent that there is a disagreement between the
4 Council and the unit within the Department of Human Services
5 responsible for the administration of the vocational
6 rehabilitation program, regarding the resources necessary to
7 carry out the functions of the Council as set forth in this
8 Section, the disagreement shall be resolved by the Governor.
9 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
10 (20 ILCS 5/5-555 new)
11 (was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02)
12 Sec. 5-555. 6.02. In the Department of Labor. An Advisory
13 Board to the Department of Labor, composed of 13 members,
14 including 5 representatives of employees, 5 representatives
15 of employers, and 3 public members. Members' terms shall will
16 be for 2 years with appointments staggered to ensure assure
17 continuity in performance of the responsibilities of the
18 Board. The Board shall give notice to the Governor and the
19 Director of Labor of the time and place of every meeting,
20 regular or special, and shall permit the Governor and the
21 Director to be present and to be heard upon any matter coming
22 before the Board.
23 (Source: P.A. 86-544.)
24 (20 ILCS 5/5-560 new)
25 (was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
26 Sec. 5-560. 6.08. In the Department of Natural Resources.
27 An Advisory Board to the Department of Natural Resources,
28 composed of 11 persons, one of whom shall be a senior citizen
29 age 60 or over.
30 In the appointment of the initial members the Governor
31 shall designate 3 persons to serve for 2 years, 3 for 4
32 years, and 3 for 6 years from the third Monday in January of
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1 the odd-numbered year in which the term commences. The
2 members first appointed under this amendatory Act of 1984
3 shall serve a term of 6 years commencing on the third Monday
4 in January, 1985.
5 The Advisory Board shall formulate long range policies
6 for guidance of the Department in: the protection and
7 conservation of renewable resources of the State of Illinois;
8 the development of areas and facilities for outdoor
9 recreation; the prevention of timber destruction and other
10 forest growth by fire, or otherwise; the reforestation of
11 suitable lands of this State; the extension of cooperative
12 support to other agencies of this State in preventing the
13 prevention and guarding against the pollution of streams and
14 lakes within the State; the management of the wildlife
15 resources, including migratory fowl, and fisheries resources,
16 including the construction of new water impoundment areas;
17 the development of an adequate research program for fish,
18 game, and forestry through cooperation with and support of
19 the Illinois Natural History Survey; and the expressing of
20 policies for proper dissemination of and enforcement of the
21 various laws pertinent to the conservation program of
22 Illinois and the nation.
23 The Board shall make a study of the personnel structure
24 of the Department and shall, from time to time, make
25 recommendations to the Governor and the Director of Natural
26 Resources for a merit system of employment and for the
27 revision of the position classification to the extent which
28 Civil Service classification should apply in departmental
29 positions.
30 The Board shall make studies of the land acquisition
31 needs of the Department and recommendations from time to time
32 as to necessary acquisition of lands for fisheries, game,
33 forestry, and recreational development.
34 The Board may recommend to the Director of Natural
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1 Resources any reductions or increases of seasons, and bag or
2 possession limits, or the closure of any season when research
3 and inventory data indicate the need for those such changes.
4 Such Board members shall be reimbursed for any necessary
5 travel expenses incurred in the performance of their duties.
6 (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
7 (20 ILCS 5/5-565 new)
8 (was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
9 Sec. 5-565. 6.06. In the Department of Public Health.
10 (a) The General Assembly declares it to be the public
11 policy of this State that all citizens of Illinois are
12 entitled to lead healthy lives. Governmental public health
13 has a specific responsibility to ensure that a system is in
14 place to allow the public health mission to be achieved. To
15 develop a system requires certain core functions to be
16 performed by government. The State Board of Health is to
17 assume the leadership role in advising the Director in
18 meeting the following functions:
19 (1) Needs assessment.
20 (2) Statewide health objectives.
21 (3) Policy development.
22 (4) Assurance of access to necessary services.
23 There shall be a State Board of Health composed of 15
24 persons, all of whom shall be appointed by the Governor and
25 one of whom shall be a senior citizen age 60 or over. Five
26 members shall be physicians licensed to practice medicine in
27 all its branches, one representing a medical school faculty,
28 one who is board certified in preventive medicine, and 2 who
29 are engaged in private practice. One member shall be a
30 dentist; one an environmental health practitioner; one a
31 local public health administrator; one a local board of
32 health member; one a registered nurse; one a veterinarian;
33 one a public health academician; one a health care industry
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1 representative; and 2 shall be citizens at large.
2 In the appointment of the first Board of Health members
3 appointed after September 19, 1991 (the effective date of
4 Public this amendatory Act 87-633) of 1991, the Governor
5 shall appoint 5 members to serve for terms of 5 years; 5
6 members to serve for terms of 2 years; and 5 members to serve
7 for a term of one year. Members appointed thereafter shall be
8 appointed for terms of 3 years, except that when where an
9 appointment is made to fill a vacancy, in which case the
10 appointment shall be for the remaining term of the position
11 vacated. All members shall be legal residents of the State
12 of Illinois. The duties of the Board shall include, but not
13 be limited to, the following:
14 (1) To advise the Department of ways to encourage
15 public understanding and support of the Department's
16 programs.
17 (2) To evaluate all boards, councils, committees,
18 authorities, and bodies advisory to, or an adjunct of,
19 the Department of Public Health or its Director for the
20 purpose of recommending to the Director one or more of
21 the following:
22 (i) The elimination of bodies whose activities
23 are not consistent with goals and objectives of the
24 Department.
25 (ii) The consolidation of bodies whose
26 activities encompass compatible programmatic
27 subjects.
28 (iii) The restructuring of the relationship
29 between the various bodies and their integration
30 within the organizational structure of the
31 Department.
32 (iv) The establishment of new bodies deemed
33 essential to the functioning of the Department.
34 (3) To serve as an advisory group to the Director
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1 for public health emergencies and control of health
2 hazards.
3 (4) To advise the Director regarding public health
4 policy, and to make health policy recommendations
5 regarding priorities to the Governor through the
6 Director.
7 (5) To present public health issues to the Director
8 and to make recommendations for the resolution of those
9 issues.
10 (6) To recommend studies to delineate public health
11 problems.
12 (7) To make recommendations to the Governor through
13 the Director regarding the coordination of State public
14 health activities with other State and local public
15 health agencies and organizations.
16 (8) To report on or before February 1 of each year
17 on the health of the residents of Illinois to the
18 Governor, the General Assembly, and the public.
19 (9) To review the final draft of all proposed
20 administrative rules, other than emergency or preemptory
21 rules and those rules that another advisory body must
22 approve or review within a statutorily defined time
23 period, of the Department after September 19, 1991 (the
24 effective date of Public this amendatory Act 87-633) of
25 1991. The Board shall review the proposed rules within 90
26 days of submission by the Department. The Department
27 shall take into consideration any comments and
28 recommendations of the Board regarding the proposed rules
29 prior to submission to the Secretary of State for initial
30 publication. If the Department disagrees with the
31 recommendations of the Board, it shall submit a written
32 response outlining the reasons for not accepting the
33 recommendations.
34 (10) To make recommendations to the Governor
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1 through the Director concerning the development and
2 periodic updating of Statewide health objectives
3 encompassing, in part, the periodically published federal
4 health objectives for the nation, which will provide the
5 basis for the policy development and assurance roles of
6 the State Health Department, and to make recommendations
7 to the Governor through the Director regarding
8 legislation and funding necessary to implement the
9 objectives.
10 (11) Upon the request of the Governor, to recommend
11 to the Governor candidates for Director of Public Health
12 when vacancies occur in the position.
13 (12) To adopt bylaws for the conduct of its own
14 business, including the authority to establish ad hoc
15 committees to address specific public health programs
16 requiring resolution.
17 Upon appointment, the Board shall elect a chairperson
18 from among its members.
19 Members of the Board shall receive compensation for their
20 services at the rate of $150 per day, not to exceed $10,000
21 per year, as designated by the Director for each day required
22 for transacting the business of the Board, and shall be
23 reimbursed for necessary expenses incurred in the performance
24 of their duties. The Board shall meet from time to time at
25 the call of the Department, at the call of the chairperson,
26 or upon the request of 3 of its members, but shall not meet
27 less than 4 times per year.
28 (b) An Advisory Board of Cancer Control which shall
29 consist of 9 members, one of whom shall be a senior citizen
30 age 60 or over, appointed by the Governor, one of whom shall
31 be designated as chairman by a majority of the members of the
32 Board. No less than 4 members shall be recognized authorities
33 in cancer control, and at least 4 members shall be physicians
34 licensed to practice medicine in all of its branches in the
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1 State of Illinois. In the appointment of the first board the
2 Governor shall appoint 2 members to serve for terms of 1
3 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
4 members first appointed under Public this amendatory Act
5 83-1538 of 1984 shall serve for a term of 3 years. All
6 members appointed, thereafter shall be appointed for terms of
7 3 years, except where an appointment is made to fill a
8 vacancy, in which case the appointment shall be for the
9 remaining term of the position vacant. The members of the
10 Board shall be citizens of the State of Illinois. In the
11 appointment of the Advisory Board the Governor shall invite
12 nominations from recognized medical organizations of this
13 State. The Board is authorized to receive voluntary
14 contributions from any source, and to expend the
15 contributions same for the purpose of cancer control as
16 authorized by this Act, and the laws of this State.
17 (c) An Advisory Board on Necropsy Service to Coroners,
18 which shall counsel and advise with the Director on the
19 administration of the Autopsy Act. The Advisory Board shall
20 consist of 11 members, including a senior citizen age 60 or
21 over, appointed by the Governor, one of whom shall be
22 designated as chairman by a majority of the members of the
23 Board. In the appointment of the first Board the Governor
24 shall appoint 3 members to serve for terms of 1 year, 3 for
25 terms of 2 years, and 3 for terms of 3 years. The members
26 first appointed under Public this amendatory Act 83-1538 of
27 1984 shall serve for a term of 3 years. All members
28 appointed thereafter shall be appointed for terms of 3 years,
29 except that when where an appointment is made to fill a
30 vacancy, in which case the appointment shall be for the
31 remaining term of the position vacant. The members of the
32 Board shall be citizens of the State of Illinois. In the
33 appointment of members of the Advisory Board the Governor
34 shall appoint 3 members who shall be persons licensed to
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1 practice medicine and surgery in the State of Illinois, at
2 least 2 of whom shall have received post-graduate training in
3 the field of pathology; 3 members who are duly elected
4 coroners in this State; and 5 members who shall have interest
5 and abilities in the field of forensic medicine but who shall
6 be neither persons licensed to practice any branch of
7 medicine in this State nor coroners. In the appointment of
8 medical and coroner members of the Board, the Governor shall
9 invite nominations from recognized medical and coroners
10 organizations in this State respectively. Board members,
11 while serving on business of the Board, shall receive actual
12 necessary travel and subsistence expenses while so serving
13 away from their places of residence.
14 (Source: P.A. 86-436; 87-633.)
15 (20 ILCS 5/5-570 new)
16 (was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars.
17 6.02a and 7.04a)
18 Sec. 5-570. 6.02a. In the Department of Transportation.
19 A Board of Aeronautical Advisors, composed of 9 persons.
20 Sec. 7.04a. The Board of Aeronautical Advisors shall
21 include among its members at least one person who is
22 interested in air commerce, at least one person who is
23 interested in noncommercial private flying, at least one
24 person who is interested in the operation or management of
25 airports, and at least one person who is interested in the
26 conducting of schools that which have a comprehensive
27 curriculum for instruction of persons desiring to learn how
28 to operate, repair, or maintain aircraft. The Secretary of
29 Transportation shall be a member and chairman of the Board of
30 Aeronautical Advisors. The head of the Division of
31 Aeronautics shall be a member and vice-chairman of the Board.
32 (Source: P.A. 85-1033.)
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1 (20 ILCS 5/5-600 new)
2 (was 20 ILCS 5/11) (from Ch. 127, par. 11)
3 Sec. 5-600. Officer's performance of duties. 11. Each
4 officer provided for by the Civil Administrative Code of
5 Illinois this Act shall perform the such duties that are as
6 may be prescribed by law for the officer's his position and
7 to the best of the officer's his ability shall render
8 faithful and efficient service in the performance of those
9 his duties, to the end that the public interest and welfare
10 may be furthered.
11 (Source: Laws 1927, p. 844.)
12 (20 ILCS 5/5-605 new)
13 (was 20 ILCS 5/12) (from Ch. 127, par. 12)
14 Sec. 5-605. Appointment of officers. 12. Each officer
15 whose office is created by the Civil Administrative Code of
16 Illinois this Act, or by any amendment to the Code thereto,
17 shall be appointed by the Governor, by and with the advice
18 and consent of the Senate. In case of vacancies in those
19 such offices during the recess of the Senate, the Governor
20 shall make a temporary appointment until the next meeting of
21 the Senate, when the Governor he shall nominate some person
22 to fill the such office, and any person so nominated, who is
23 confirmed by the Senate, shall hold his office during the
24 remainder of the term and until his or her successor is shall
25 be appointed and qualified. If the Senate is not in session
26 at the time the Code this Act, or any amendments to the Code
27 thereto, take effect, the Governor shall make a temporary
28 appointment as in the case of a vacancy.
29 During the absence or inability to act of the director of
30 any department, or of the Secretary of Human Services or the
31 Secretary of Transportation, or in case of a vacancy in any
32 such office until a successor is appointed and qualified, the
33 Governor may designate some person as acting director or
-47- LRB9009239DJcd
1 acting secretary to execute the powers and discharge the
2 duties vested by law in that director or secretary.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (20 ILCS 5/5-610 new)
5 (was 20 ILCS 5/13) (from Ch. 127, par. 13)
6 Sec. 5-610. Term of office. 13. Each officer whose office
7 is created by the Civil Administrative Code of Illinois this
8 Act, except as otherwise specifically provided for in the
9 Code this Act, shall hold office for a term of 2 years from
10 the third Monday in January of each odd-numbered year and
11 until the officer's his successor is appointed and qualified.
12 Where the provisions of the Code this Act require General
13 Assembly members to be included in the membership of any
14 advisory and nonexecutive board, the General Assembly members
15 shall serve such terms or until termination of their
16 legislative service, whichever first occurs.
17 (Source: P.A. 83-1250.)
18 (20 ILCS 5/5-615 new)
19 (was 20 ILCS 5/14) (from Ch. 127, par. 14)
20 Sec. 5-615. Officer's oath. 14. Each officer whose office
21 is created by the Civil Administrative Code of Illinois this
22 Act, or by any amendments to the Code thereto, shall, before
23 entering upon the discharge of the duties of the his office,
24 qualify for the office by taking and subscribing the
25 constitutional oath of office and filing the signed oath in
26 the office of the Secretary of State.
27 (Source: P.A. 79-1348.)
28 (20 ILCS 5/5-620 new)
29 (was 20 ILCS 5/15) (from Ch. 127, par. 15)
30 Sec. 5-620. 15. Bond. Each executive and administrative
31 officer whose office is created by the Civil Administrative
-48- LRB9009239DJcd
1 Code of Illinois this Act, or by any amendments to the Code
2 thereto, shall give bond before entering upon the discharge
3 of the duties of his or her office by inclusion in the
4 blanket bond or bonds or self-insurance program provided for
5 in Sections 14.1 and 14.2 of the Official Bond Act.
6 All official bonds required to be executed and filed
7 under this Section are subject to the requirements of the
8 Official Bond Act.
9 (Source: P.A. 90-372, eff. 7-1-98.)
10 (20 ILCS 5/5-625 new)
11 (was 20 ILCS 5/16) (from Ch. 127, par. 16)
12 Sec. 5-625. Department regulations. 16. The director of
13 each department (see Section 5-10 of this Law for the
14 definition of "director") and the Secretary of the Department
15 of Transportation is empowered to prescribe regulations, not
16 inconsistent with law, for the government of the director's
17 his department, the conduct of the department's its employees
18 and clerks, the distribution and performance of the
19 department's its business, and the custody, use, and
20 preservation of the records, papers, books, documents, and
21 property pertaining to the department thereto.
22 (Source: P.A. 77-153.)
23 (20 ILCS 5/5-630 new)
24 (was 20 ILCS 5/17) (from Ch. 127, par. 17)
25 Sec. 5-630. Department offices. 17. Each department shall
26 maintain a central office in the Capitol Building, Centennial
27 Building, or State Office Building at Springfield, in rooms
28 provided by the Secretary of State, or in the Armory Building
29 at Springfield, in rooms provided by the Department of
30 Central Management Services, excepting the Department of
31 Agriculture, which shall maintain a central office at the
32 State fair grounds at Springfield, and the Department of
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1 Transportation, which shall also maintain a Division of
2 Aeronautics at Capital Airport. The director of each
3 department (see Section 5-10 of this Law for the definition
4 of "director") and the Secretary of Transportation, may, in
5 the director's his discretion and with the approval of the
6 Governor, establish and maintain, at places other than the
7 seat of government, branch offices for the conduct of any one
8 or more functions of the director's his department.
9 (Source: P.A. 82-789.)
10 (20 ILCS 5/5-635 new)
11 (was 20 ILCS 5/18) (from Ch. 127, par. 18)
12 Sec. 5-635. Department office hours. 18. Each department
13 shall be open for the transaction of public business at least
14 from 8:30 eight-thirty o'clock in the morning until 5:00 five
15 o'clock in the evening of each day except Saturdays, Sundays,
16 and days that may hereafter be declared by the Governor to be
17 holidays for State employees.
18 (Source: Laws 1965, p. 542.)
19 (20 ILCS 5/5-640 new)
20 (was 20 ILCS 5/19) (from Ch. 127, par. 19)
21 Sec. 5-640. Department seal. 19. Each department shall
22 adopt and keep an official seal.
23 (Source: Laws 1917, p. 2.)
24 (20 ILCS 5/5-645 new)
25 (was 20 ILCS 5/20) (from Ch. 127, par. 20)
26 Sec. 5-645. Department employees. 20. Each department may
27 obtain necessary employees and, if the rate of compensation
28 is not otherwise fixed by law, may fix their compensation
29 subject to the "Personnel Code", approved July 18, 1955, as
30 amended.
31 (Source: Laws 1967, p. 4068.)
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1 (20 ILCS 5/5-650 new)
2 (was 20 ILCS 5/25) (from Ch. 127, par. 25)
3 Sec. 5-650. Department reports. 25. The Governor may
4 require from each director of a department (see Section 5-10
5 of this Law for the definition of "director") and the
6 Secretary of Transportation, a report in writing concerning
7 the condition, management, and financial transactions of the
8 director's department their respective departments. In
9 addition to those such reports, each director of a department
10 and the Secretary of the Department of Transportation, shall
11 make the semi-annual and biennial reports provided by the
12 Constitution.
13 (Source: P.A. 82-905.)
14 (20 ILCS 5/5-655 new)
15 (was 20 ILCS 5/26) (from Ch. 127, par. 26)
16 Sec. 5-655. Cooperation by directors. 26. The directors
17 of departments shall devise a practical and working basis for
18 co-operation and co-ordination of work, eliminating
19 duplication and overlapping of functions. They shall, so far
20 as practicable, co-operate with each other in the employment
21 of services and the use of quarters and equipment. The
22 director of any department may empower or require an employee
23 employe of another department, subject to the consent of the
24 superior officer of the employee employe, to perform any duty
25 that the director which he might require of his or her own
26 subordinates.
27 The directors of departments may co-operate in the
28 investigation of any licensed health care professional or may
29 jointly investigate such a person and may share the results
30 of any cooperative, joint, or independent investigation of
31 such a person.
32 (Source: P.A. 84-1252.)
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1 (20 ILCS 5/5-660 new)
2 (was 20 ILCS 5/31) (from Ch. 127, par. 31)
3 Sec. 5-660. Power to inspect and secure data or
4 information 31. Whenever in the Civil Administrative Code of
5 Illinois this Act power is vested in a department to inspect,
6 examine, or secure data or information, or to procure
7 assistance from another department, a duty is hereby imposed
8 upon the department upon which demand is made, to make that
9 such power effective.
10 (Source: Laws 1917, p. 2.)
11 (20 ILCS 5/5-665 new)
12 (was 20 ILCS 5/29) (from Ch. 127, par. 29)
13 Sec. 5-665. Contracts for fuel. 29. All supplies of fuel
14 except coal purchased for the departments shall be let by
15 contract to the lowest responsible bidder. Advertisements for
16 bids shall be published for at least 10 ten days in one or
17 more of the daily newspapers of general circulation published
18 in each of the 7 seven largest cities of the State,
19 determined by the then last preceding federal census. The
20 officer authorized by law to make contracts for fuel shall
21 prescribe rules and regulations to be observed in the
22 preparation, submission, and opening of bids. All contracts
23 for fuel shall be made subject to the approval of the
24 Governor.
25 The letting of contracts for coal shall be governed by
26 "An Act concerning the use of Illinois Mined Coal Act in
27 certain plants and institutions", filed July 13, 1937, as
28 amended.
29 (Source: P.A. 83-333.)
30 (20 ILCS 5/5-670 new)
31 (was 20 ILCS 5/30) (from Ch. 127, par. 30)
32 Sec. 5-670. Maximum price for fuel. 30. Except as
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1 otherwise provided with respect to the Board of Trustees of
2 the University of Illinois under Section 1a of "An Act to
3 provide for the organization and maintenance of the
4 University of Illinois Act", approved February 28, 1867, the
5 price paid for fuel shall not exceed the following:
6 For anthracite coal, $12 twelve dollars per ton.;
7 For Pennsylvania bituminous, Pocahontas and West
8 Virginia smokeless, eastern Kentucky and Ohio coals, all
9 of the bituminous type, $9 nine dollars per ton.;
10 For Illinois, Indiana, western Kentucky, Missouri
11 and Iowa coals, all of the bituminous type, $7 seven
12 dollars per ton.;
13 For any other coal of the bituminous type, $7 seven
14 dollars per ton.
15 (Source: P.A. 86-1189.)
16 (20 ILCS 5/5-675 new)
17 (was 20 ILCS 5/51) (from Ch. 127, par. 51)
18 Sec. 5-675. 51. Acquisition of land. The Secretary of
19 Transportation and the Director of Natural Resources are
20 respectively authorized, with the consent in writing of the
21 Governor, to acquire by private purchase, or by condemnation
22 in the manner provided for the exercise of the power of
23 eminent domain under Article VII of the Code of Civil
24 Procedure, any and all lands, buildings, and grounds for
25 which an appropriation may be made by the General Assembly,
26 to their respective departments. To the extent necessary to
27 comply with the federal "Uniform Relocation Assistance and
28 Real Property Acquisition Policies Act", Public Law 91-646,
29 as amended, the Department of Transportation and the
30 Department of Natural Resources, respectively, are authorized
31 to operate a relocation program and to pay relocation costs.
32 The departments are authorized to exceed the maximum payment
33 limits of the federal "Uniform Relocation Assistance and Real
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1 Property Acquisition Policies Act" when necessary to ensure
2 the provision of decent, safe, or sanitary housing, or to
3 secure a suitable relocation site.
4 The Director of Central Management Services is
5 authorized, with the consent in writing of the Governor, to
6 acquire by private purchase, or by condemnation in the manner
7 provided for the exercise of the power of eminent domain
8 under Article VII of the Code of Civil Procedure, all other
9 lands, buildings, and grounds for which an appropriation may
10 be made by the General Assembly. To the extent necessary to
11 comply with the federal "Uniform Relocation Assistance and
12 Real Property Acquisition Policies Act", Public Law 91-646,
13 as amended, the Department of Central Management Services is
14 authorized to operate a relocation program and to pay
15 relocation costs. The Department is authorized to exceed the
16 maximum payment limits of the federal "Uniform Relocation
17 Assistance and Real Property Acquisition Policies Act" when
18 necessary to ensure the provision of decent, safe, and
19 sanitary housing, or to secure a suitable relocation site.
20 The Department shall make or direct the payment of the such
21 relocation amounts from the funds available to acquire the
22 property.
23 (Source: P.A. 89-445, eff. 2-7-96.)
24 (20 ILCS 5/5-700 new)
25 (was 20 ILCS 5/32) (from Ch. 127, par. 32)
26 Sec. 5-700. Transfers of rights, powers, and duties. 32.
27 Whenever rights, powers, and duties vested in or exercised by
28 any officer, board, commission, institution, or department,
29 or any deputy, inspector, or subordinate officer of one of
30 those thereof, are, by the Civil Administrative Code of
31 Illinois this Act, or by any amendments to the Code thereto,
32 transferred either in whole or in part, to or vested in a
33 department created by the Code this Act, or by any amendments
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1 to the Code thereto, those such rights, powers, and duties
2 shall be vested in, and shall be exercised by the department
3 to which they the same are thereby transferred, and not
4 otherwise, and every act done in the exercise of those such
5 rights, powers, and duties shall have the same legal effect
6 as if done by the former officer, board, commission,
7 institution, or department, or any deputy, inspector, or
8 subordinate officer of any of those thereof.
9 Every person and corporation shall be subject to the same
10 obligations and duties and shall have the same rights,
11 arising from the exercise of those such rights, powers, and
12 duties as if those such rights, powers, and duties were
13 exercised by the officer, board, commission, department, or
14 institution, or deputy, inspector, or subordinate of any of
15 those thereof, designated in the respective laws that which
16 are to be administered by departments created by the Civil
17 Administrative Code of Illinois this Act or by any amendments
18 to the Code thereto. Every person and corporation shall be
19 subject to the same penalty or penalties, civil or criminal,
20 for failure to perform any such obligation or duty, or for
21 doing a prohibited act, as if the such obligation or duty
22 arose from, or the such act were prohibited in, the exercise
23 of the such right, power, or duty by the officer, board,
24 commission, department, or institution, or deputy, inspector,
25 or subordinate of any of those thereof, designated in the
26 respective laws that which are to be administered by
27 departments created by the Civil Administrative Code of
28 Illinois this Act or by any amendments to the Code thereto.
29 Every officer and employee shall, for any offense, be subject
30 to the same penalty or penalties, civil or criminal, as are
31 prescribed by existing law for the same offense by any
32 officer or employee whose powers or duties devolved upon the
33 officer or employee him under the Code this Act or under by
34 any amendments to the Code thereto.
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1 All books, records, papers, documents, property, real and
2 personal, unexpended appropriations, and pending business in
3 any way pertaining to the rights, powers, and duties so
4 transferred to or vested in a department created by the Civil
5 Administrative Code of Illinois this Act, or by any
6 amendments to the Code thereto, shall be delivered and
7 transferred to the department succeeding to those such
8 rights, powers, and duties.
9 (Source: Laws 1941, vol. 1, p. 1214.)
10 (20 ILCS 5/5-705 new)
11 (was 20 ILCS 5/33) (from Ch. 127, par. 33)
12 Sec. 5-705. Reports and notices after position or entity
13 abolished or duties transferred. 33. Whenever reports or
14 notices are now required to be made or given, or papers or
15 documents furnished or served by any person to or upon any
16 officer, board, commission, or institution, or any deputy,
17 inspector, or subordinate of any of those thereof, abolished
18 by the Civil Administrative Code of Illinois this Act, or by
19 any amendments to the Code thereto, or whose duties with
20 relation to the subject matter of those such reports,
21 notices, papers, or documents have, by the Code this Act, or
22 any amendments to the Code thereto, been transferred to
23 another department, division, office, board, or other agency
24 of the State government, the same shall be made, given,
25 furnished, or served in the same manner to or upon the
26 department, division, office, board, or other agency upon
27 which are devolved by the Code this Act or by any amendments
28 to the Code thereto the rights, powers, and duties now
29 exercised or discharged by the such officer, board,
30 commission, or institution, or the deputy, inspector, or
31 subordinate of any of those, thereof and every penalty for
32 failure so to do shall continue in effect.
33 (Source: P.A. 77-153.)
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1 (20 ILCS 110/Art. 10 heading new)
2 ARTICLE 10. DEPARTMENT ON AGING
3 (20 ILCS 110/10-1 new)
4 Sec. 10-1. Article short title. This Article 10 of the
5 Civil Administrative Code of Illinois may be cited as the
6 Department on Aging Law.
7 (20 ILCS 110/10-5 new)
8 (was 20 ILCS 110/69) (from Ch. 127, par. 63b15)
9 Sec. 10-5. 69. The Department on Aging; powers. The
10 Department on Aging shall exercise, administer, and enforce
11 all rights, powers, and duties vested in the Department on
12 Aging by the "Illinois Act on the Aging", enacted by the
13 Seventy-eighth General Assembly as amended.
14 (Source: P.A. 78-242.)
15 (20 ILCS 205/Art. 15 heading new)
16 ARTICLE 15. DEPARTMENT OF AGRICULTURE
17 (20 ILCS 205/15-1 new)
18 Sec. 15-1. Article short title. This Article 15 of the
19 Civil Administrative Code of Illinois may be cited as the
20 Department of Agriculture Law.
21 (20 ILCS 205/15-5 new)
22 Sec. 15-5. Definition. In this Law, "Department" means
23 the Department of Agriculture.
24 (20 ILCS 205/15-10 new)
25 (was 20 ILCS 205/40) (from Ch. 127, par. 40)
26 Sec. 15-10. Powers, generally. 40. The Department of
27 Agriculture has the powers enumerated in the following
28 Sections 40.1 through 40.45.
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1 (Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.)
2 (20 ILCS 205/15-15 new)
3 (was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars.
4 40.7 and 40.8)
5 Sec. 15-15. Encouragement and promotion of agricultural
6 interests. 40.7.
7 (a) The Department has the power to encourage and
8 promote, in every practicable manner, the interests of
9 agriculture, including horticulture, the livestock industry,
10 dairying, cheese making, poultry, bee keeping, forestry, the
11 production of wool, and all other allied industries. In
12 furtherance of the duties set forth in this subsection (a)
13 Section, the Department may establish trust funds and bank
14 accounts in adequately protected financial institutions to
15 receive and disburse monies in connection with the conduct of
16 food shows, food expositions, trade shows, and other
17 promotional activities, and to sell at cost, to qualified
18 applicants, signs designating farms that, which have been
19 owned for 100 years or more by lineal descendants of the same
20 family, as "Centennial Farms". The Department shall provide
21 applications for the such signs, which shall be submitted
22 with the required fee. "Centennial Farms" signs shall not
23 contain within their design, the name, picture, or other
24 likeness of any elected public official or any appointed
25 public official.
26 (b) The Department has the power Sec. 40.8. to promote
27 improved methods of conducting the these several industries
28 described in subsection (a) with a view to increasing the
29 production and facilitating facilitate the distribution
30 thereof at the least cost.
31 (Source: Laws 1967, p. 4087; P.A. 80-625.)
32 (20 ILCS 205/15-20 new)
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1 (was 20 ILCS 205/40.7a)
2 Sec. 15-20. 40.7a. State Fair promotion. The Department
3 has the power to encourage and promote agriculture and
4 related industries and activities associated with the
5 Illinois State Fair. The Department may establish State Fair
6 and treasury held funds to receive and disburse moneys in
7 connection with the conduct and promotion of activities held
8 at the Illinois State Fair.
9 (Source: P.A. 88-5.)
10 (20 ILCS 205/15-25 new)
11 (was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14)
12 Sec. 15-25. Institutes, societies, fairs, and exhibits.
13 The Department has the power 40.14. to assist, encourage, and
14 promote the organization of farmers' institutes,
15 horticultural and agricultural societies, the holding of
16 fairs, fat stock shows, or other exhibits of the products of
17 agriculture, and the breeding and racing of Illinois
18 conceived and foaled horses.
19 (Source: P.A. 84-295.)
20 (20 ILCS 205/15-30 new)
21 (was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9)
22 Sec. 15-30. Production and marketing statistics. The
23 Department has the power 40.9. to collect and publish
24 statistics relating to crop production and marketing and to,
25 the production of and marketing of beef, pork, poultry,
26 mutton, wool, butter, cheese, and other agricultural products
27 so far as that such statistical information may be of value
28 to the agricultural and allied interests of the State.
29 (Source: Laws 1967, p. 4087.)
30 (20 ILCS 205/15-35 new)
31 (was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10)
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1 Sec. 15-35. Market news and bulletins. The Department has
2 the power 40.10. to collect, analyze, and publish market news
3 and to establish such facilities and publish such bulletins
4 and news reports that as may be necessary and proper in order
5 to keep producers and handlers informed concerning supply,
6 demand, and other economic conditions affecting and related
7 to the sale of livestock and other agricultural products
8 produced in the State of Illinois.
9 (Source: P.A. 84-295.)
10 (20 ILCS 205/15-40 new)
11 (was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31)
12 Sec. 15-40. Export consulting service and standards.
13 40.31. The Department, of Agriculture in cooperation with the
14 Department of Commerce and Community Affairs and the
15 Agricultural Export Advisory Committee, shall (1) provide a
16 consulting service to those who desire to export farm
17 products, commodities, and supplies, and guide them in their
18 efforts to improve trade relations; (2) cooperate with
19 agencies and instrumentalities of the federal government to
20 develop export grade standards for farm products,
21 commodities, and supplies produced in Illinois and shall
22 adopt reasonable rules and regulations to ensure insure that
23 exports of those such products, commodities, and supplies,
24 comply with those such standards; (3) upon request and after
25 inspection of any such farm product, commodity, or supplies,
26 certify compliance or noncompliance with those such
27 standards; (4) provide an informational program to existing
28 and potential foreign importers of farm products,
29 commodities, and supplies; (5) qualify for U. S. Department
30 of Agriculture matching funds for overseas promotion of farm
31 products, commodities, and supplies according to the federal
32 requirements regarding State expenditures that are eligible
33 for matching funds; and (6) provide a consulting service to
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1 persons who desire to export processed or value-added
2 agricultural products, and assist those such persons in
3 ascertaining legal and regulatory restrictions and market
4 preferences that which affect the sale of value-added
5 agricultural products in foreign markets.
6 (Source: P.A. 83-445.)
7 (20 ILCS 205/15-45 new)
8 (was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
9 Sec. 15-45. "Illinois Product" label program. The
10 Department has the power 40.36. to administer the "Illinois
11 Product" label program, whereby a label with the words
12 "Illinois Product" on it may be placed on food and
13 agribusiness commodities produced, processed, or packaged in
14 Illinois.
15 (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)
16 (20 ILCS 205/15-50 new)
17 (was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40)
18 Sec. 15-50. Ginseng marketing program. The Department has
19 the power 40.40. to develop a ginseng marketing program for
20 domestic and international markets.
21 (Source: P.A. 87-121.)
22 (20 ILCS 205/15-55 new)
23 (was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27)
24 Sec. 15-55. Gasohol and other alcohol fuels promotion.
25 The Department has the power 40.27. to promote the use of
26 gasohol and other alcohol fuels and to promote the
27 utilization of agricultural crops for the production of
28 alcohol fuels, particularly the use of by-products of such
29 crops without diminishing the primary utilization of such
30 crops.
31 (Source: P.A. 83-439.)
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1 (20 ILCS 205/15-60 new)
2 (was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
3 Sec. 15-60. 40.35. Aquaculture. The Department has the
4 power to develop and implement a program to promote
5 aquaculture in this State pursuant to the Aquaculture
6 Development Act, to promulgate the necessary rules and
7 regulations, and to cooperate with and seek the assistance of
8 the Department of Natural Resources and the Department of
9 Transportation in the implementation and enforcement of that
10 Act.
11 (Source: P.A. 89-445, eff. 2-7-96.)
12 (20 ILCS 205/15-100 new)
13 (was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11)
14 Sec. 15-100. Trees and shrubs; insect pests and plant
15 diseases. The Department has the power 40.11. to encourage
16 the planting of trees and shrubs and the improvement of farm
17 homes generally and; to provide for the suppression and
18 control of insect pests and plant diseases.
19 (Source: P.A. 84-295.)
20 (20 ILCS 205/15-105 new)
21 (was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24)
22 Sec. 15-105. County soil surveys. 40.24. The Department
23 of Agriculture shall provide funds sufficient to pay 25% of
24 the cost of conducting county soil surveys conducted pursuant
25 to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code
26 of Federal Regulations.
27 (Source: P.A. 81-1360.)
28 (20 ILCS 205/15-110 new)
29 (was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
30 Sec. 15-110. Forestry management; farmland preservation.
31 The Department has the power 40.28. to provide information
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1 and assistance to farmland owners in this State regarding the
2 economic and soil and water conservation benefits that can be
3 attained through forestry management on marginal lands and;
4 to promote farmland preservation.
5 (Source: P.A. 84-295.)
6 (20 ILCS 205/15-115 new)
7 (was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38)
8 Sec. 15-115. Revegetation of post-mining land. The
9 Department has the power: 40.38. to develop data used in the
10 Agricultural Lands Productivity Formula that is used in
11 determining the success of revegetation of post-mining land
12 for row-crop agricultural purposes in accordance with the
13 Surface Coal Mining Land Conservation and Reclamation Act; to
14 cooperate with the Department of Natural Resources in
15 determining the success of the such cropland revegetation
16 under the Surface Coal Mining Land Conservation and
17 Reclamation Act; and to publish annually a Soil Master and
18 County Cropped Acreage Manual, which is data derived