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91_HB0236enr HB0236 Enrolled LRB9100031DJcdA 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 Section 46.20 is therefore redundant and is 25 repealed without being continued in the Code.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 605/605-95. 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 HB0236 Enrolled -2- LRB9100031DJcdA 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 HB0236 Enrolled -3- LRB9100031DJcdA 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: HB0236 Enrolled -4- LRB9100031DJcdA 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 50. State Budget Law (15 ILCS 50/). 6 Article 110. Department on Aging Law (20 ILCS 110/). 7 Article 205. Department of Agriculture Law (20 ILCS 8 205/). 9 Article 250. State Fair Grounds Title Law (5 ILCS 250/). 10 Article 310. Department of Human Services (Alcoholism and 11 Substance Abuse) Law (20 ILCS 310/). 12 Article 405. Department of Central Management Services 13 Law (20 ILCS 405/). 14 Article 510. Department of Children and Family Services 15 Powers Law (20 ILCS 510/). 16 Article 605. Department of Commerce and Community Affairs 17 Law (20 ILCS 605/). 18 Article 805. Department of Natural Resources 19 (Conservation) Law (20 ILCS 805/). 20 Article 1005. Department of Employment Security Law (20 21 ILCS 1005/). 22 Article 1405. Department of Insurance Law (20 ILCS 23 1405/). 24 Article 1505. Department of Labor Law (20 ILCS 1505/). 25 Article 1710. Department of Human Services (Mental Health 26 and Developmental Disabilities) Law (20 ILCS 1710/). 27 Article 1905. Department of Natural Resources (Mines and 28 Minerals) Law (20 ILCS 1905/). 29 Article 2005. Department of Nuclear Safety Law (20 ILCS 30 2005/). 31 Article 2105. Department of Professional Regulation Law 32 (20 ILCS 2105/). 33 Article 2205. Department of Public Aid Law (20 ILCS 34 2205/). HB0236 Enrolled -5- LRB9100031DJcdA 1 Article 2310. Department of Public Health Powers and 2 Duties Law (20 ILCS 2310/). 3 Article 2505. Department of Revenue Law (20 ILCS 2505/). 4 Article 2605. Department of State Police Law (20 ILCS 5 2605/). 6 Article 2705. Department of Transportation Law (20 ILCS 7 2705/). 8 Article 3000. University of Illinois Exercise of 9 Functions and Duties Law (110 ILCS 355/). 10 (20 ILCS 5/Art. 5 heading new) 11 ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT 12 (20 ILCS 5/5-1 new) 13 Sec. 5-1. Article short title. This Article 5 of the 14 Civil Administrative Code of Illinois may be cited as the 15 Departments of State Government Law. 16 (20 ILCS 5/5-5 new) 17 (was 20 ILCS 5/2) (from Ch. 127, par. 2) 18 Sec. 5-5. "Department".2. The word "department,"As used 19 in the Civil Administrative Code of Illinoisthis Act shall, 20 unless the context otherwise clearly indicates, the word 21 "department" meansmeanthe several departments of the State 22 government as designated in Section 5-153of this LawAct, 23 and none other. 24 (Source: Laws 1917, p. 2.) 25 (20 ILCS 5/5-10 new) 26 (was 20 ILCS 5/2.1) 27 Sec. 5-10. "Director".2.1.As used in the Civil 28 AdministrativethisCode of Illinois, unless the context 29 clearly indicates otherwise, the word "director" means the 30 several directors of the departments of State government as HB0236 Enrolled -6- LRB9100031DJcdA 1 designated in Section 5-204of this LawCodeand includes 2 the Secretary of Human Services and the Secretary of 3 Transportation. 4 (Source: P.A. 89-507, eff. 7-1-97.) 5 (20 ILCS 5/5-15 new) 6 (was 20 ILCS 5/3) (from Ch. 127, par. 3) 7 Sec. 5-15. Departments of State government.3.The 8 Departments of State government are created as follows: 9 The Department on Aging. 10 The Department of Agriculture. 11 The Department of Central Management Services. 12 The Department of Children and Family Services. 13 The Department of Commerce and Community Affairs. 14 The Department of Corrections. 15 The Department of Employment Security. 16 The Department of Financial Institutions. 17 The Department of Human Rights. 18 The Department of Human Services. 19 The Department of Insurance. 20 The Department of Labor. 21 The Department of the Lottery. 22 The Department of Natural Resources. 23 The Department of Nuclear Safety. 24 The Department of Professional Regulation. 25 The Department of Public Aid. 26 The Department of Public Health. 27 The Department of Revenue. 28 The Department of State Police. 29 The Department of Transportation. 30 The Department of Veterans' Affairs. 31The Department of Agriculture;32The Department of Labor;33The Department of Transportation;HB0236 Enrolled -7- LRB9100031DJcdA 1The Department of Human Services;2The Department of Public Health;3The Department of Professional Regulation;4The Department of Natural Resources;5The Department of Insurance;6The Department of State Police;7The Department of Corrections;8The Department of Revenue;9The Department of Financial Institutions;10The Department of Public Aid;11The Department of Children and Family Services;12The Department of Commerce and Community Affairs;13The Department of Central Management Services;14The Department on Aging;15The Department of Veterans' Affairs;16The Department of Nuclear Safety;17The Department of Human Rights;18The Department of Employment Security;19The Department of the Lottery.20 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.) 21 (20 ILCS 5/5-20 new) 22 (was 20 ILCS 5/4) (from Ch. 127, par. 4) 23 Sec. 5-20. Heads of departments.4.Each department 24 shall have an officer as its head who shall be known as 25 director or secretary and who shall, subject to the 26 provisions of the Civil Administrative Code of Illinoisthis27Act, execute the powers and discharge the duties vested by 28 law in his or her respective department. 29 The following officers are hereby created: 30 Director of Aging, for the Department on Aging. 31 Director of Agriculture, for the Department of 32 Agriculture. 33 Director of Central Management Services, for the HB0236 Enrolled -8- LRB9100031DJcdA 1 Department of Central Management Services. 2 Director of Children and Family Services, for the 3 Department of Children and Family Services. 4 Director of Commerce and Community Affairs, for the 5 Department of Commerce and Community Affairs. 6 Director of Corrections, for the Department of 7 Corrections. 8 Director of Employment Security, for the Department of 9 Employment Security. 10 Director of Financial Institutions, for the Department of 11 Financial Institutions. 12 Director of Human Rights, for the Department of Human 13 Rights. 14 Secretary of Human Services, for the Department of Human 15 Services. 16 Director of Insurance, for the Department of Insurance. 17 Director of Labor, for the Department of Labor. 18 Director of the Lottery, for the Department of the 19 Lottery. 20 Director of Natural Resources, for the Department of 21 Natural Resources. 22 Director of Nuclear Safety, for the Department of Nuclear 23 Safety. 24 Director of Professional Regulation, for the Department 25 of Professional Regulation. 26 Director of Public Aid, for the Department of Public Aid. 27 Director of Public Health, for the Department of Public 28 Health. 29 Director of Revenue, for the Department of Revenue. 30 Director of State Police, for the Department of State 31 Police. 32 Secretary of Transportation, for the Department of 33 Transportation. 34 Director of Veterans' Affairs, for the Department of HB0236 Enrolled -9- LRB9100031DJcdA 1 Veterans' Affairs. 2Director of Agriculture, for the Department of3Agriculture;4Director of Labor, for the Department of Labor;5Secretary of Transportation, for the Department of6Transportation;7Secretary of Human Services, for the Department of Human8Services;9Director of Public Health, for the Department of Public10Health;11Director of Professional Regulation, for the Department12of Professional Regulation;13Director of Natural Resources, for the Department of14Natural Resources;15Director of Insurance, for the Department of Insurance;16Director of State Police, for the Department of State17Police;18Director of Corrections, for the Department of19Corrections;20Director of Revenue, for the Department of Revenue;21Director of Financial Institutions, for the Department of22Financial Institutions;23Director of Children and Family Services, for the24Department of Children and Family Services;25Director of Public Aid, for the Department of Public Aid;26Director of Commerce and Community Affairs, for the27Department of Commerce and Community Affairs;28Director of Central Management Services, for the29Department of Central Management Services;30Director of Aging, for the Department on Aging;31Director of Veterans' Affairs, for the Department of32Veterans' Affairs;33Director of Human Rights, for the Department of Human34Rights;HB0236 Enrolled -10- LRB9100031DJcdA 1Director of Nuclear Safety, for the Department of Nuclear2Safety;3Director of Employment Security, for the Department of4Employment Security;5Director of the Lottery, for the Department of the6Lottery.7 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.) 8 (20 ILCS 5/5-95 new) 9 (was 20 ILCS 5/34) (from Ch. 127, par. 34) 10 Sec. 5-95. Pending actions and proceedings.34.Neither 11 the Civil Administrative Code of Illinois northis Act orany 12 amendments to the Codetheretoshallnotaffect any act done, 13 ratified, or confirmed, or any right accrued or established, 14 or any action or proceeding had or commenced in a civil or 15 criminal cause before the Codethis Actor any amendments to 16 the Code takethereto takeseffect. Those; but suchactions 17 or proceedings may be prosecuted and continued by the 18 department having jurisdiction, under the Codethis Actor 19 any amendments to the Code,theretoof the subject matter to 20 which thesuchlitigation or proceeding pertains. 21 (Source: Laws 1925, p. 585.) 22 (20 ILCS 5/5-100 new) 23 (was 20 ILCS 5/5) (from Ch. 127, par. 5) 24 Sec. 5-100. Executive and administrative officers, 25 boards, and commissions.5.In addition to the directors of 26 departments, thefollowingexecutive and administrative 27 officers, boards, and commissions designated in the Sections 28 following this Section and preceding Section 5-200 are 29 created. These, whichofficers, boards, and commissions in 30 the respective departments shall hold offices created and 31 designated in those Sections5.01 to 5.13j, each inclusive. 32 (Source: P.A. 89-507, eff. 7-1-97.) HB0236 Enrolled -11- LRB9100031DJcdA 1 (20 ILCS 5/5-105 new) 2 (was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14) 3 Sec. 5-105. Direction, supervision, and control of 4 officers. Each officer5.14. The officersnamed in the 5 Sections following Section 5-100 and preceding Section 5-200 65.01 to 5.13jshall, except as otherwise provided in the 7 Civil Administrative Code of Illinoisthis Act, be under the 8 direction, supervision, and control of the director or 9 secretary of the officer'stheirrespective department 10departmentsand shall perform thesuchduties prescribed by 11asthe director or secretaryshall prescribe. 12 (Source: P.A. 89-507, eff. 7-1-97.) 13 (20 ILCS 5/5-110 new) 14 (was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02) 15 Sec. 5-110.5.02.In the Department of Agriculture. 16 Assistant Director of Agriculture. 17 (Source: P.A. 80-594.) 18 (20 ILCS 5/5-115 new) 19 (was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e) 20 Sec. 5-115.5.13e.In the Department of Central 21 Management Services. Two Assistant Directors of Central 22 Management Services. 23 (Source: P.A. 82-789.) 24 (20 ILCS 5/5-120 new) 25 (was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g) 26 Sec. 5-120.5.13g.In the Department of Commerce and 27 Community Affairs. Assistant Director of Commerce and 28 Community Affairs. 29 (Source: P.A. 81-1509.) 30 (20 ILCS 5/5-125 new) HB0236 Enrolled -12- LRB9100031DJcdA 1 (was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i) 2 Sec. 5-125.5.13i.In the Department of Employment 3 Security. The board of review, which shall consist of 5five4 members, 2twoof whom shall be representative citizens 5 chosen from the employee class, 2twoof whom shall be 6 representative citizens chosen from the employing class, and 7 one of whom shall be a representative citizen not identified 8 with either the employing or employee classes. 9 (Source: P.A. 84-1240.) 10 (20 ILCS 5/5-130 new) 11 (was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b) 12 Sec. 5-130.5.13b.In the Department of Financial 13 Institutions. Assistant Director of Financial Institutions. 14 (Source: Laws 1959, p. 2245.) 15 (20 ILCS 5/5-135 new) 16 (was 20 ILCS 5/5.13j) 17 Sec. 5-135.5.13j.In the Department of Human Services. 18 There shall be 2 Assistant Secretaries of Human Services. 19 Their initial terms shall run from the date of appointment 20 until January 18, 1999, and until their successors have been 21 appointed and have qualified. Thereafter, their terms shall 22 be as provided in Section 5-60512of this LawCode. 23 (Source: P.A. 89-507, eff. 7-1-97.) 24 (20 ILCS 5/5-140 new) 25 (was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10) 26 Sec. 5-140.5.10In the Department of Insurance. 27 Assistant Director of Insurance. 28 (Source: Laws 1953, p. 82, 567, and 916.) 29 (20 ILCS 5/5-145 new) 30 (was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03) HB0236 Enrolled -13- LRB9100031DJcdA 1 Sec. 5-145.5.03.In the Department of Labor. Assistant 2 Director of Labor; Chief Factory Inspector; and 3 Superintendent of Safety Inspection and Education. 4 (Source: P.A. 83-1503.) 5 (20 ILCS 5/5-150 new) 6 (was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09) 7 Sec. 5-150.5.09.In the Department of Natural Resources. 8 Assistant Director of Natural Resources. 9 (Source: P.A. 89-445, eff. 2-7-96.) 10 (20 ILCS 5/5-155 new) 11 (was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04) 12 Sec. 5-155.5.04.In the Office of Mines and Minerals of 13 the Department of Natural Resources. In the Office of Mines 14 and Minerals of the Department of Natural Resources, there 15 shall be a State Mining Board, which shall consist of 6six16 officers designated as mine officers and the Director of the 17 Office of Mines and Minerals. Three officers shall be 18 representatives of the employing class and 3 of the employee 19 class. The 6 mine officers shall be qualified as follows: 20 (1)A.Two mine officers from the employing class 21 shall have at least 4 years experience in a supervisory 22 capacity in an underground coal mine and each shall hold 23 a certificate of competency as a mine examiner or mine 24 manager. 25 (2)B.The third mine officer from the employing 26 class shall have at least 4 years experience in a 27 supervisory capacity in a surface coal mine. 28 (3)C.Two mine officers from the employee class 29 shall have 4 years experience in an underground coal mine 30 and shall hold a first class certificate of competency. 31 (4)D.The third mine officer from the employee 32 class shall have at least 4 years experience in a surface HB0236 Enrolled -14- LRB9100031DJcdA 1 coal mine. 2 (Source: P.A. 89-445, eff. 2-7-96.) 3 (20 ILCS 5/5-160 new) 4 (was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h) 5 Sec. 5-160.5.13h.In the Department of Nuclear Safety. 6 Assistant Director of Nuclear Safety. 7 (Source: P.A. 82-783.) 8 (20 ILCS 5/5-165 new) 9 (was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c) 10 Sec. 5-165.5.13c.In the Department of Public Aid. 11 Assistant Director of Public Aid. 12 (Source: Laws 1963, p. 2055.) 13 (20 ILCS 5/5-170 new) 14 (was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07) 15 Sec. 5-170.5.07.In the Department of Public Health. 16 Assistant Director of Public Health. 17 (Source: Laws 1953, p. 82, 567, and 916.) 18 (20 ILCS 5/5-175 new) 19 (was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12) 20 Sec. 5-175.5.12.In the Department of Revenue. Assistant 21 Director of Revenue; and State Lottery Superintendent. 22 (Source: P.A. 83-1250.) 23 (20 ILCS 5/5-180 new) 24 (was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11) 25 Sec. 5-180.5.11.In the Department of State Police. 26 Assistant Director of State Police. 27 (Source: P.A. 84-25.) 28 (20 ILCS 5/5-185 new) HB0236 Enrolled -15- LRB9100031DJcdA 1 (was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05) 2 Sec. 5-185.5.05.In the Department of Transportation. 3 Assistant Secretary of Transportation. 4 (Source: P.A. 77-153.) 5 (20 ILCS 5/5-190 new) 6 (was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a) 7 Sec. 5-190.5.01a.In the Department of Veterans' 8 Affairs. Assistant Director of Veterans' Affairs. 9 (Source: P.A. 79-376.) 10 (20 ILCS 5/5-200 new) 11 (was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11) 12 Sec. 5-200.7.11.Director of Aging. The Director of 13 Aging shall be a senior citizen, as thatsuchterm is defined 14 in the"Illinois Act on the Aging", enacted by the15Seventy-eighth General Assembly, as now or hereafter amended, 16 who has sufficient experience in providing services to the 17 aging. 18 (Source: P.A. 78-242.) 19 (20 ILCS 5/5-210 new) 20 (was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08) 21 Sec. 5-210.7.08.Director of Children and Family 22 Services. The Director of Children and Family Services shall 23 be qualified by professional education and experience to 24 administer the Department. 25 (Source: Laws 1963, p. 1055.) 26 (20 ILCS 5/5-215 new) 27 (was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06) 28 Sec. 5-215. Director and Assistant Director of Financial 29 Institutions.7.06.The Director and Assistant Director of 30 Financial Institutions shall be persons thoroughly conversant HB0236 Enrolled -16- LRB9100031DJcdA 1 with the theory and practice of the business and purposes of 2 financial institutions. 3 (Source: Laws 1959, p. 2245.) 4 (20 ILCS 5/5-220 new) 5 (was 20 ILCS 5/7.07b) 6 Sec. 5-220.7.07b.Secretary of Human Services. The 7 initial term of the Secretary of Human Services shall run 8 from the date of appointment until January 18, 1999, and 9 until a successor has been appointed and has qualified. 10 Thereafter, terms shall be as provided in Section 5-60512of 11 this LawCode. 12 (Source: P.A. 89-507, eff. 7-1-97.) 13 (20 ILCS 5/5-225 new) 14 (was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04) 15 Sec. 5-225. In the Department of Professional Regulation. 167.04.Neither the Director,nor any other executive and 17 administrative officer in the Department of Professional 18 Regulation shall be affiliated with any college or school 19 thatwhichprepares individuals for licensure in any 20 profession or occupation regulated by the Department, either 21 as teacher, officer, or stockholder, nor shall the director 22 or other executive and administrative officerhehold a 23 license or certificate to exercise or practice any of the 24 professions, trades, or occupations regulated. 25 (Source: P.A. 85-225.) 26 (20 ILCS 5/5-230 new) 27 (was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09) 28 Sec. 5-230.7.09.Director and Assistant Director of 29 Public Aid. The Director of Public Aid shall (1) have 30 substantial experience in responsible positions requiring 31 skill in administration and fiscal management,and (2) be HB0236 Enrolled -17- LRB9100031DJcdA 1 actively interested in the development of effective programs 2 for the alleviation of poverty and the reduction of 3 dependency and social maladjustment. 4 The Assistant Director of Public Aid shall have the same 5 general qualifications as those set forth for the Director of 6 Public Aid in clauses (1) and (2) of the preceding paragraph 7above. 8 (Source: P.A. 81-1256.) 9 (20 ILCS 5/5-235 new) 10 (was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03) 11 Sec. 5-235. In the Department of Public Health.7.03.The 12 Director of Public Health shall be a physician licensed to 13 practice medicine in all of its branches in Illinois. 14 The Assistant Director of Public Health shall be a person 15 who has administrative experience in public health work. 16 (Source: P.A. 87-633.) 17 (20 ILCS 5/5-300 new) 18 (was 20 ILCS 5/9) (from Ch. 127, par. 9) 19 Sec. 5-300. Officers' qualifications and salaries.9.The 20 executive and administrative officers, whose offices are 21 created by this Act, must have the qualifications prescribed 22 by law and shall receive annual salaries, payable in equal 23 monthly installments, as designated in the Sections following 24 this Section and preceding Section 5-5009.01 through 9.25. 25 (Source: P.A. 81-1516.) 26 (20 ILCS 5/5-305 new) 27 (was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01) 28 Sec. 5-305. Officers' tuition reimbursement.9.01.29 Officers may receive tuition reimbursement for continuing 30 education programs at accredited colleges and universities. 31 Reimbursement of a department head's tuition shall be limited HB0236 Enrolled -18- LRB9100031DJcdA 1 to reimbursement for 4 or fewer course hours per semester, 2 shall require the Governor's approval of enrollment with 3 certification that participation will benefit the State, and 4 shall require proof of satisfactory completion of the course 5 prior to reimbursement. 6 (Source: P.A. 84-500.) 7 (20 ILCS 5/5-310 new) 8 (was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21) 9 Sec. 5-310.9.21.In the Department onofAging. The 10 Director of Aging shall receive $35,200 from the third Monday 11 in January, 1979 to the third Monday in January, 1980; 12 $37,300 from the third Monday in January, 1980 to the third 13 Monday in January, 1981; $39,500 from the third Monday in 14 January, 1981 to the third Monday in January, 1982, and 15 $40,000 thereafter or as set by the Compensation Review 16 Board, whichever is greater. 17 (Source: P.A. 83-1177.) 18 (20 ILCS 5/5-315 new) 19 (was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02) 20 Sec. 5-315.9.02.In the Department of Agriculture. The 21 Director of Agriculture shall receive $38,500 from the third 22 Monday in January, 1979 to the third Monday in January, 1980; 23 $40,800 from the third Monday in January, 1980 to the third 24 Monday in January, 1981, and $43,000 thereafter or as set by 25 the Compensation Review Board, whichever is greater.;26 The Assistant Director of Agriculture shall receive 27 $33,000 from the third Monday in January, 1979 to the third 28 Monday in January, 1980; $34,900 from the third Monday in 29 January, 1980 to the third Monday in January, 1981 and 30 $37,000 thereafter or as set by the Compensation Review 31 Board, whichever is greater. 32 (Source: P.A. 83-1177.) HB0236 Enrolled -19- LRB9100031DJcdA 1 (20 ILCS 5/5-320 new) 2 (was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19) 3 Sec. 5-320.9.19.In the Department of Central 4 Management Services. The Director of Central Management 5 Services shall receive $52,000 annually, or an amount set by 6 the Compensation Review Board, whichever is greater.;7 Each Assistant Director of Central Management Services 8 shall receive $40,000 annually, or an amount set by the 9 Compensation Review Board, whichever is greater. 10 (Source: P.A. 83-1177.) 11 (20 ILCS 5/5-325 new) 12 (was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16) 13 Sec. 5-325.9.16.In the Department of Children and 14 Family Services. The Director of Children and Family 15 Services shall receive an annual salary of $76,991 or as set 16 by the Compensation Review Board, whichever is greater. 17 (Source: P.A. 87-1216.) 18 (20 ILCS 5/5-330 new) 19 (was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18) 20 Sec. 5-330.9.18.In the Department of Commerce and 21 Community Affairs. The Director of Commerce and Community 22 Affairs shall receive $41,800 annually from the date of his 23 appointment to the third Monday in January, 1980; $44,300 24 from the third Monday in January, 1980 to the third Monday in 25 January, 1981; and $46,000 thereafter or as set by the 26 Compensation Review Board, whichever is greater. 27 The Assistant Director of Commerce and Community Affairs 28 shall receive $35,200 annually from the date of his 29 appointment to the third Monday in January, 1980; $37,300 30 from the third Monday in January, 1980 to the third Monday in 31 January, 1981, and $39,000 thereafter or as set by the 32 Compensation Review Board, whichever is greater. HB0236 Enrolled -20- LRB9100031DJcdA 1 (Source: P.A. 83-1177.) 2 (20 ILCS 5/5-335 new) 3 (was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a) 4 Sec. 5-335.9.11a.In the Department of Corrections. The 5 Director of Corrections shall receive an annual salary of 6 $85,000 or as set by the Compensation Review Board, whichever 7 is greater. 8 The Assistant Director of Corrections - Juvenile Division 9 shall receive $35,200 from the third Monday in January, 1979 10 to the third Monday in January, 1980; $37,300 from the third 11 Monday in January, 1980 to the third Monday in January, 1981, 12 and $39,000 thereafter or as set by the Compensation Review 13 Board, whichever is greater. 14 The Assistant Director of Corrections - Adult Division 15 shall receive $35,200 from the third Monday in January, 1979 16 to the third Monday in January, 1980; $37,300 from the third 17 Monday in January, 1980 to the third Monday in January, 1981, 18 and $39,000 thereafter or as set by the Compensation Review 19 Board, whichever is greater. 20 (Source: P.A. 87-1216.) 21 (20 ILCS 5/5-340 new) 22 (was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30) 23 Sec. 5-340.9.30.In the Department of Employment 24 Security. The Director of Employment Security shall receive 25 an annual salary of $53,500, or an amount set by the 26 Compensation Review Board, whichever is greater. 27 Each member of the Board of Review shall receive $15,000. 28 (Source: P.A. 84-26.) 29 (20 ILCS 5/5-345 new) 30 (was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15) 31 Sec. 5-345.9.15.In the Department of Financial HB0236 Enrolled -21- LRB9100031DJcdA 1 Institutions. The Director of Financial Institutions shall 2 receive $38,500 from the third Monday in January, 1979 to the 3 third Monday in January, 1980; $40,800 from the third Monday 4 in January, 1980 to the third Monday in January, 1981, and 5 $43,000 thereafter or as set by the Compensation Review 6 Board, whichever is greater.;7 The Assistant Director of Financial Institutions shall 8 receive $33,000 from the third Monday in January, 1979 to the 9 third Monday in January, 1980; $34,900 from the third Monday 10 in January, 1980 to the third Monday in January 1981, and 11 $37,000 thereafter or as set by the Compensation Review 12 Board, whichever is greater. 13 (Source: P.A. 83-1177.) 14 (20 ILCS 5/5-350 new) 15 (was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24) 16 Sec. 5-350. In the Department of Human Rights.9.24.The 17 Director of Human Rights shall receive $44,000 or as set by 18 the Compensation Review Board, whichever is greater. 19 (Source: P.A. 83-1177.) 20 (20 ILCS 5/5-355 new) 21 (was 20 ILCS 5/9.05a) 22 Sec. 5-355.9.05a.In the Department of Human Services. 23 The Secretary of Human Services shall receive an annual 24 salary equal to the salary payable to the Director of 25 Corrections under Section 5-3359.11aof this LawCode, or 26 such other amount as may be set by the Compensation Review 27 Board. 28 The Assistant Secretaries of Human Services shall each 29 receive an annual salary equal to the salary payable to an 30 Assistant Director of Public Aid under Section 5-3959.17of 31 this LawCode, or such other amount as may be set by the 32 Compensation Review Board. HB0236 Enrolled -22- LRB9100031DJcdA 1 (Source: P.A. 89-507, eff. 7-1-97.) 2 (20 ILCS 5/5-360 new) 3 (was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10) 4 Sec. 5-360.9.10.In the Department of Insurance. The 5 Director of Insurance shall receive $38,500 from the third 6 Monday in January, 1979 to the third Monday in January, 1980; 7 $40,800 from the third Monday in January, 1980 to the third 8 Monday in January, 1981, and $43,000 thereafter or as set by 9 the Compensation Review Board, whichever is greater.;10 The Assistant Director of Insurance shall receive $30,800 11 from the third Monday in January, 1979 to the third Monday in 12 January, 1980; $32,600 from the third Monday in January, 1980 13 to the third Monday in January, 1981; $34,600 from the third 14 Monday in January, 1981 to the third Monday in January, 1982, 15 and $36,000 thereafter or as set by the Compensation Review 16 Board, whichever is greater. 17 (Source: P.A. 83-1177.) 18 (20 ILCS 5/5-365 new) 19 (was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03) 20 Sec. 5-365.9.03.In the Department of Labor. The 21 Director of Labor shall receive $38,500 from the third Monday 22 in January, 1979 to the third Monday in January, 1980; 23 $40,800 from the third Monday in January, 1980 to the third 24 Monday in January, 1981, and $43,000 thereafter or as set by 25 the Compensation Review Board, whichever is greater.;26 The Assistant Director of Labor shall receive $33,000 27 from the third Monday in January, 1979 to the third Monday in 28 January, 1980; $34,900 from the third Monday in January, 1980 29 to the third Monday in January, 1981, and $37,000 thereafter 30 or as set by the Compensation Review Board, whichever is 31 greater.;32 The Chief Factory Inspector shall receive $24,700 from HB0236 Enrolled -23- LRB9100031DJcdA 1 the third Monday in January, 1979 to the third Monday in 2 January, 1980, and $25,000 thereafter, or as set by the 3 Compensation Review Board, whichever is greater.;4 The Superintendent of Safety Inspection and Education 5 shall receive $27,500, or as set by the Compensation Review 6 Board, whichever is greater.;7 The Superintendent of Women's and Children's Employment 8 shall receive $22,000 from the third Monday in January, 1979 9 to the third Monday in January, 1980, and $22,500 thereafter, 10 or as set by the Compensation Review Board, whichever is 11 greater. 12 (Source: P.A. 83-1177; 83-1503.) 13 (20 ILCS 5/5-370 new) 14 (was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31) 15 Sec. 5-370.9.31.In the Department of the Lottery. The 16 Director of the Lottery shall receive an annual salary of 17 $39,000, or an amount set by the Compensation Review Board, 18 whichever is greater. 19 (Source: P.A. 84-1438.) 20 (20 ILCS 5/5-375 new) 21 (was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09) 22 Sec. 5-375.9.09.In the Department of Natural Resources. 23 The Director of Natural Resources shall continue to receive 24 the annual salary set by law for the Director of Conservation 25 until January 20, 1997. Beginning on that date, the Director 26 of Natural Resources shall receive an annual salary of 27 $40,000 or the amount set by the Compensation Review Board, 28 whichever is greater. 29 The Assistant Director of Natural Resources shall 30 continue to receive the annual salary set by law for the 31 Assistant Director of Conservation until January 20, 1997. 32 Beginning on that date, the Assistant Director of Natural HB0236 Enrolled -24- LRB9100031DJcdA 1 Resources shall receive an annual salary of $33,000 or the 2 amount set by the Compensation Review Board, whichever is 3 greater. 4 (Source: P.A. 89-445, eff. 2-7-96.) 5 (20 ILCS 5/5-380 new) 6 (was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04) 7 Sec. 5-380.9.04.In the Office of Mines and Minerals of 8 the Department of Natural Resources. Each mine officer shall 9 receive $7,500 or the amount set by the Compensation Review 10 Board, whichever is greater. 11 (Source: P.A. 89-445, eff. 2-7-96.) 12 (20 ILCS 5/5-385 new) 13 (was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25) 14 Sec. 5-385.9.25.In the Department of Nuclear Safety. 15 The Director of Nuclear Safety shall receive $45,000 or as 16 set by the Compensation Review Board, whichever is greater. 17 (Source: P.A. 83-1177.) 18 (20 ILCS 5/5-390 new) 19 (was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08) 20 Sec. 5-390.9.08.In the Department of Professional 21 Regulation. The Director of Professional Regulation shall 22 receive $35,200 from the third Monday in January, 1979 to the 23 third Monday in January, 1980; $37,300 from the third Monday 24 in January, 1980 to the third Monday in January, 1981 and 25 $44,000 thereafter or as set by the Compensation Review 26 Board, whichever is greater. 27 (Source: P.A. 85-225.) 28 (20 ILCS 5/5-395 new) 29 (was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17) 30 Sec. 5-395.9.17.In the Department of Public Aid. The HB0236 Enrolled -25- LRB9100031DJcdA 1 Director of Public Aid shall receive $48,400 from the third 2 Monday in January, 1979 to the third Monday in January, 1980; 3 $51,300 from the third Monday in January, 1980 to the third 4 Monday in January, 1981, and $52,000 thereafter or as set by 5 the Compensation Review Board, whichever is greater.;6 The Assistant Director of Public Aid shall receive 7 $35,200 from the third Monday in January, 1979 to the third 8 Monday in January, 1980; $37,300 from the third Monday in 9 January, 1980 to the third Monday in January, 1981; $39,500 10 from the third Monday in January, 1981 to the third Monday in 11 January, 1982, and $40,000 thereafter or as set by the 12 Compensation Review Board, whichever is greater. 13 (Source: P.A. 83-1177.) 14 (20 ILCS 5/5-400 new) 15 (was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07) 16 Sec. 5-400.9.07.In the Department of Public Health. The 17 Director of Public Health shall receive $48,400 from the 18 third Monday in January, 1979 to the third Monday in January, 19 1980; $51,300 from the third Monday in January, 1980 to the 20 third Monday in January, 1981, and $52,000 thereafter or as 21 set by the Compensation Review Board, whichever is greater.;22 The Assistant Director of Public Health shall receive 23 $35,200 from the third Monday in January, 1979 to the third 24 Monday in January, 1980; $37,300 from the third Monday in 25 January, 1980 to the third Monday in January, 1981; $39,500 26 from the third Monday in January, 1981 to the third Monday in 27 January, 1982, and $40,000 thereafter or as set by the 28 Compensation Review Board, whichever is greater. 29 (Source: P.A. 83-1177.) 30 (20 ILCS 5/5-405 new) 31 (was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12) 32 Sec. 5-405.9.12.In the Department of Revenue. The HB0236 Enrolled -26- LRB9100031DJcdA 1 Director of Revenue shall receive $41,800 from the third 2 Monday in January, 1979 to the third Monday in January, 1980; 3 $44,300 from the third Monday in January, 1980 to the third 4 Monday in January, 1981, and $46,000 thereafter or as set by 5 the Compensation Review Board, whichever is greater.;6 The Assistant Director of Revenue shall receive $35,200 7 from the third Monday in January, 1979 to the third Monday in 8 January, 1980; $37,300 from the third Monday in January, 1980 9 to the third Monday in January, 1981, and $39,000 thereafter 10 or as set by the Compensation Review Board, whichever is 11 greater. 12 Beginning July 1, 1990, the annual salary of the Taxpayer 13 Ombudsman shall be the greater of an amount set by the 14 Compensation Review Board or $69,000, adjusted each July 1 15 thereafter by a percentage increase equivalent to that of the 16 "Employment Cost Index, Wages and Salaries, By Occupation and 17 Industry Groups: State and Local Government Workers: Public 18 Administration" as published by the Bureau of Labor 19 Statistics of the U.S. Department of Labor for the calendar 20 year immediately preceding the year of the respective July 21 1st increase date, thesuchincrease to be no less than zero 22 nor greater than 5%five percentand to be added to the then 23 current annual salary. 24 (Source: P.A. 86-1338) 25 (20 ILCS 5/5-410 new) 26 (was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11) 27 Sec. 5-410.9.11.In the Department of State Police. The 28 Director of State Police shall receive $41,800 from the third 29 Monday in January, 1979 to the third Monday in January, 1980; 30 $44,300 from the third Monday in January, 1980 to the third 31 Monday in January, 1981, and $46,000 thereafter or as set by 32 the Compensation Review Board, whichever is greater.;33 The Assistant Director of State Police shall receive HB0236 Enrolled -27- LRB9100031DJcdA 1 $35,200 from the third Monday in January, 1979 to the third 2 Monday in January, 1980; $37,300 from the third Monday in 3 January, 1980 to the third Monday in January, 1981, and 4 $39,000 thereafter or as set by the Compensation Review 5 Board, whichever is greater. 6 (Source: P.A. 84-25; 84-832.) 7 (20 ILCS 5/5-415 new) 8 (was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05) 9 Sec. 5-415.9.05.In the Department of Transportation. 10 The Secretary of Transportation shall receive $48,400 from 11 the third Monday in January, 1979 to the third Monday in 12 January, 1980; $51,300 from the third Monday in January, 1980 13 to the third Monday in January, 1981, and $52,000 thereafter 14 or as set by the Compensation Review Board, whichever is 15 greater.;16 The Assistant Secretary of Transportation shall receive 17 $38,500 from the third Monday in January, 1979 to the third 18 Monday in January, 1980; $40,800 from the third Monday in 19 January, 1980 to the third Monday in January, 1981, and 20 $43,000 thereafter or as set by the Compensation Review 21 Board, whichever is greater. 22 (Source: P.A. 83-1177.) 23 (20 ILCS 5/5-420 new) 24 (was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22) 25 Sec. 5-420. In the Department of Veterans' Affairs.9.22.26The Director of Veterans' Affairs shall receive $38,500 from 27 the third Monday in January, 1979 to the third Monday in 28 January, 1980; $40,800 from the third Monday in January, 1980 29 to the third Monday in January, 1981, and $43,000 thereafter 30 or as set by the Compensation Review Board, whichever is 31 greater. 32 The Assistant Director of Veterans' Affairs shall receive HB0236 Enrolled -28- LRB9100031DJcdA 1 $33,000 from the third Monday in January, 1979 to the third 2 Monday in January, 1980; $34,900 from the third Monday in 3 January, 1980 to the third Monday in January, 1981, and 4 $37,000 thereafter or as set by the Compensation Review 5 Board, whichever is greater. 6 (Source: P.A. 83-1177.) 7 (20 ILCS 5/5-500 new) 8 (was 20 ILCS 5/6) (from Ch. 127, par. 6) 9 Sec. 5-500. Advisory and non-executive boards.6.10 Advisory and non-executive boards, in the respective 11 departments, are created as designated in the Sections 12 following this Section and preceding Section 5-6006.0113through 6.27. The members of thesuchboards shall be 14 officers. 15 (Source: P.A. 76-1158.) 16 (20 ILCS 5/5-505 new) 17 (was 20 ILCS 5/8) (from Ch. 127, par. 8) 18 Sec. 5-505. Boards' general powers and duties.8.Each 19 advisory and non-executive board, except as otherwise 20 expressly provided in this Act, and in addition to all powers 21 and duties otherwise expressly provided, shall, with respect 22 to its field of work, or that of the department with which it 23 is associated, have the following powers and duties: 24 (1)1.To consider and study the entire field; to 25 advise the executive officers of the department upon 26 their request; to recommend, on its own initiative, 27 policies and practices, which recommendations the 28 executive officers of the department shall duly consider; 29,and to give advice or make recommendations to the 30 Governor and the General Assembly when so requested,or 31 on its own initiative.;32 (2)2.To investigate the conduct of the work of HB0236 Enrolled -29- LRB9100031DJcdA 1 the department with which it may be associated, and for 2 this purpose to have access, at any time, to all books, 3 papers, documents, and records pertaining or belonging to 4 that departmentthereto, and to require written or oral 5 information from any officer or employee of that 6 department.thereof;7 (3)3.To adopt rules, not inconsistent with law, 8 for its internal control and management.,A copy of the 9whichrules shall be filed with the director of the 10 department with which thesuchboard is associated.;11 (4)4.To hold meetings at thesuchtimes and 12 placesas may beprescribed by the rules but,not less 13 frequently, however,than quarterly.;14 (5)5.To act by a sub-committee,or by a majority 15 of the board,if the rules so prescribe.;16 (6)6.To keep minutes of the transactions of each 17 session, regular or special, which shall be public 18 records and filed with the director of the department.;19 (7)7.To give notice to the Governor and to the 20 director of the department with which it is associated of 21 the time and place of every meeting, regular or special, 22 and to permit the Governor and the director of the 23 department to be present and to be heard upon any matter 24 coming before thesuchboard. 25 (Source: Laws 1955, p. 2222.) 26 (20 ILCS 5/5-510 new) 27 (was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1) 28 Sec. 5-510. Gender balanced appointments.8.1.All 29 appointments to boards, commissions, committees, and councils 30 of the State created by the laws of this State and after July 31 1, 1992the effective date of this Sectionshall be gender 32 balanced to the extent possible and to the extent that 33 appointees are qualified to serve on those boards, HB0236 Enrolled -30- LRB9100031DJcdA 1 commissions, committees, and councils. If gender balance is 2 not possible, then appointments shall provide for significant 3 representation of both sexes to boards, commissions, 4 committees, and councils governed by this Section and the 5 Gender Balanced Appointments Act. If there are multiple 6 appointing authorities for a board, commission, committee, or 7 council, they shall each strive to achieve gender balance in 8 their appointments. 9 Appointments made in accordance with this Section should 10 be made in a manner that makes a good faith attempt to seek 11 gender balance based on the numbers of each gender belonging 12 to the group from which appointments are made. 13 (Source: P.A. 87-797.) 14 (20 ILCS 5/5-515 new) 15 (was 20 ILCS 5/10) (from Ch. 127, par. 10) 16 Sec. 5-515. Compensation prohibited.10.No member of an 17 advisory and non-executive board shall receive any 18 compensation. 19 (Source: Laws 1917, p. 2.) 20 (20 ILCS 5/5-520 new) 21 (was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27) 22 Sec. 5-520.6.27.In the Department on Aging. A Council 23 on Aging and a Coordinating Committee of State Agencies 24 Serving Older Persons composed and appointed as provided in 25 the Illinois Act on the Aging. 26 (Source: P.A. 89-249, eff. 8-4-95.) 27 (20 ILCS 5/5-525 new) 28 (was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01) 29 Sec. 5-525.6.01.In the Department of Agriculture. 30 (a) A Board of Agricultural Advisors composed of 17 31 persons engaged in agricultural industries, including HB0236 Enrolled -31- LRB9100031DJcdA 1 representatives of the agricultural press and of the State 2 Agricultural Experiment Station. 3 (b) An Advisory Board of Livestock Commissioners to 4 consist of 24 persons. The Board shall consist of the 5 administrator of animal disease programs, the Dean of the 6 College of Agriculture of the University of Illinois, the 7 Dean of the College of Veterinary Medicine of the University 8 of Illinois, and commencing on January 1, 1990 the Deans or 9 Chairmen of the Colleges or Departments of Agriculture of 10 Illinois State University, Southern Illinois University, and 11 Western Illinois University in that order who shall each 12 serve for 1 year terms, provided that commencing on January 13 1, 1993 such terms shall be for 2 years in the same order, 14 the Director of Public Health, the chairman of the 15 Agriculture, Conservation and Energy Committee of the Senate, 16 and the chairman of the Committee on Agriculture of the House 17 of Representatives, who shall ex-officio be members of the 18 Board,thereofand 17 additional persons interested in the 19 prevention, elimination and control of diseases of domestic 20 animals and poultry who shall be appointed by the Governor to 21 serve at the Governor'shispleasure. An appointed member's 22 office becomes vacant upon the member'shisabsence from 3 23 consecutive meetings. Of the 17suchadditional persons, one 24 shall be a representative of breeders of beef cattle, one 25 shall be a representative of breeders of dairy cattle, one 26 shall be a representative of breeders of dual purpose cattle, 27 one shall be a representative of breeders of swine, one shall 28 be a representative of poultry breeders, one shall be a 29 representative of sheep breeders, one shall be a veterinarian 30 licensed in this State, one shall be a representative of 31 general or diversified farming, one shall be a representative 32 of the public stockyards, one shall be a representative of 33 livestock auction markets, one shall be a representative of 34 cattle feeders, one shall be a representative of pork HB0236 Enrolled -32- LRB9100031DJcdA 1 producers, one shall be a representative of the State 2 licensed meat packers, one shall be a representative of 3 canine breeders, one shall be a representative of equine 4 breeders, one shall be a representative of the Illinois 5 licensed renderers, and one shall be a representative of 6 livestock dealers. The members shall receive no compensation 7 but shall be reimbursed for expenses necessarily incurred in 8 the performance of their duties. In the appointment of the 9suchAdvisory Board of Livestock Commissioners, the Governor 10 shall consult with representative persons and recognized 11 organizations in the respective fields concerning thesuch12 appointments. 13 Rules and regulations of the Department of Agriculture 14 pertaining to the prevention, elimination, and control of 15 diseases of domestic animals and poultry shall be submitted 16 to the Advisory Board of Livestock Commissioners for approval 17 at its duly called meeting. The chairman of the Board shall 18 certify the official minutes of the Board's action and shall 19 file the certified minutes with the Department of Agriculture 20 within 30 days after the proposed rules and regulations are 21 submitted and before they are promulgated and made effective. 22 If the Board fails to take action within 30 days this 23 limitation shall not apply and thesuchrules and regulations 24 may be promulgated and made effective. In the event it is 25 deemed desirable, the Board may hold hearings upon thesuch26 rules and regulations or proposed revisions. The Board 27 members shall be familiar with the Acts relating to the 28 prevention, elimination, and control of diseases among 29 domestic animals and poultry. The Department shall, upon the 30 request of a Board member, advise thewith suchBoard 31 concerning the administration of the respective Acts. 32 The Director of Agriculture or his representative from 33 the Department shall act as chairman of the Board. The 34 Director shall call meetings of the Boardthereoffrom time HB0236 Enrolled -33- LRB9100031DJcdA 1 to time or when requested by 3 or more appointed members of 2 the Board. A quorum of appointed members must be present to 3 convene an official meeting. The chairman and ex-officio 4 members shall not be included in a quorum call. Ex-officio 5 members may be represented by a duly authorized 6 representative from their department, division, college, or 7 committee. Appointed members shall not be represented at a 8 meeting by another person. Ex-officio members and appointed 9 members shall have the right to vote on all proposed rules 10 and regulations; voting that in effect would pertain to 11 approving rules and regulations shall be taken by an oral 12 roll call. No member shall vote by proxy. The chairman shall 13 not vote except in the case of a tie vote. Anymember14 ex-officio or appointed member may ask for and shall receive 15 an oral roll call on any motion before the Board. The 16 Department shall provide a clerk to take minutes of the 17 meetings and record transactions of the Board. The Board, by 18 oral roll call, may require an official court reporter to 19 record the minutes of the meetings. 20 (Source: P.A. 86-232.) 21 (20 ILCS 5/5-530 new) 22 (was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a) 23 Sec. 5-530.6.01a.In the Department of Agriculture and 24 in cooperation with the Department of Commerce and Community 25 Affairs. An Agricultural Export Advisory Committee composed 26 of the following: 2 members of the House of Representatives, 27 to be appointed by the Speaker of the House of 28 Representativesthereof; 2 members of the Senate, to be 29 appointed by the President of the Senate; the Director of 30 Agriculture, who shall serve as Secretary of the Committee; 31 and not more than 15 members to be appointed by the Governor. 32 The members of the committee shall receive no compensation,33 but shall be reimbursed for expenses necessarily incurred in HB0236 Enrolled -34- LRB9100031DJcdA 1 the performance of their duties under this Act. 2 (Source: P.A. 81-1509.) 3 (20 ILCS 5/5-535 new) 4 (was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15) 5 Sec. 5-535.6.15.In the Department of Children and 6 Family Services. A Children and Family Services Advisory 7 Council of 17 members, one of whom shall be a senior citizen 8 age 60 or over, appointed by the Governor. TheSuchCouncil 9 shall advise the Department with respect to services and 10 programs for children,and for adults under its care. In 11 appointing the first Council, 8 members shall be named to 12 serve 2 years, and 8 members named to serve 4 years. The 13 member first appointed under Publicthis amendatoryAct 14 83-1538of 1984shall serve for a term of 4 years. All 15 members appointed thereafter shall be appointed for terms of 16 4 years. At its first meeting the Council shall select a 17 chairman from among its members and appoint a committee to 18 draft rules of procedure. 19 (Source: P.A. 83-1538.) 20 (20 ILCS 5/5-540 new) 21 (was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, pars. 6.28 22 and 7.01) 23 Sec. 5-540.6.28.In the Department of Employment 24 Security. An Employment Security Advisory Board, composed of 25 9 persons.Sec. 7.01. Employment Security Advisory Board;26members.Of the 9 members of the Employment Security 27 Advisory Board, 3 members shall be representative citizens 28 chosen from the employee class, 3 members shall be 29 representative citizens chosen from the employing class, and 30 3 members shall be representative citizens not identified 31 with either the employing class or the employee classclasses32. HB0236 Enrolled -35- LRB9100031DJcdA 1 (Source: P.A. 90-372, eff. 7-1-98.) 2 (20 ILCS 5/5-545 new) 3 (was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04) 4 Sec. 5-545.6.04.In the Department of Human Services. 5 A Psychiatric Advisory Council appointed by and at the 6 discretion of the Secretary of Human Services, consisting of 7 representatives from the several schools and institutes in 8 Illinois conducting programs of psychiatric training, which 9 shall advise the Department with respect to its policies and 10 programs relating to mental health or developmental 11 disabilities. The members shall serve for thesuchterms 12 thatasthe Secretary shall designate. 13 (Source: P.A. 89-507, eff. 7-1-97.) 14 (20 ILCS 5/5-550 new) 15 (was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23) 16 Sec. 5-550.6.23.In the Department of Human Services. 17 A State Rehabilitation Advisory Council, hereinafter referred 18 to as the Council, is hereby established for the purpose of 19 advising the Secretary and the vocational rehabilitation 20 administrator of the provisions of the federal Rehabilitation 21 Act of 1973 and the Americans with Disabilities Act of 1990 22 in matters concerning individuals with disabilities and the 23 provision of rehabilitation services. The Council shall 24 consist of 23 members appointed by the Governor after 25 soliciting recommendations from representatives of 26 organizations representing a broad range of individuals with 27 disabilities and organizations interested in individuals with 28 disabilities. The Governor shall appoint to this Council the 29 following: 30 (1) One representative of a parent training center 31 established in accordance with the federal Individuals 32 with Disabilities Education Act. HB0236 Enrolled -36- LRB9100031DJcdA 1 (2) One representative of the client assistance 2 program. 3 (3) One vocational rehabilitation counselor who has 4 knowledge of and experience with vocational 5 rehabilitation programs. (If an employee of the 6 Department is appointed, that appointee shall serve as an 7 ex officio, nonvoting member.) 8 (4) One representative of community rehabilitation 9 program service providers. 10 (5) Four representatives of business, industry, and 11 labor. 12 (6) Eight representatives of disability advocacy 13 groups representing a cross section of the following: 14 (A) individuals with physical, cognitive, 15 sensory, and mental disabilities; and 16 (B) parents, family members, guardians, 17 advocates, or authorized representative of 18 individuals with disabilities who have difficulty in 19 representing themselves or who are unable, due to 20 their disabilities, to represent themselves. 21 (7) One current or former applicant for, or 22 recipient of, vocational rehabilitation services. 23 (8) Three representatives from secondary or higher 24 education. 25 The chairperson of, or a member designated by, the Statewide 26 Independent Living Council created under Section 12a of the 27 Disabled Persons Rehabilitation Act, the chairperson of the 28 Blind Services Planning Council created under the Bureau for 29 the Blind Act, and the vocational rehabilitation 30 administrator shall serve as ex officio members. 31 The Council shall select a Chairperson. 32 The Chairperson and at least 11 other members of the 33 Council shall have a recognized disability. One member shall 34 be a senior citizen age 60 or over. A majority of the HB0236 Enrolled -37- LRB9100031DJcdA 1 Council members shall not be employees of the Department of 2 Human Services. Current members of the Rehabilitation 3 Services Advisory Council shall serve until members of the 4 newly created Council are appointed. 5 The terms of all members appointed before the effective 6 date of Publicthis amendatoryAct 88-10of 1993shall expire 7 on July 1, 1993. The members first appointed under Public 8this amendatoryAct 88-10of 1993shall be appointed to serve 9 for staggered terms beginning July 1, 1993, as follows: 7 10 members shall be appointed for terms of 3 years, 7 members 11 shall be appointed for terms of 2 years, and 6 members shall 12 be appointed for terms of one year. Thereafter, all 13 appointments shall be for terms of 3 years. Vacancies shall 14 be filled for the unexpired term. Members shall serve until 15 their successors are appointed and qualified. No member 16 shall serve for more than 2 full terms. 17 Members shall be reimbursed for their actual expenses 18 incurred in the performance of their duties, including 19 expenses for travel, child care, and personal assistance 20 services, and a member who is not employed or who must 21 forfeit wages from other employment shall be paid reasonable 22 compensation for each day the member is engaged in performing 23 the duties of the Council. 24 The Council shall meet at least 4 times per year at times 25 and places designated by the Chairman upon 10 days written 26 notice to the members. Special meetings may be called by the 27 Chairperson or 7 members of the Council upon 7 days written 28 notice to the other members. Nine members shall constitute a 29 quorum. No member of the Council shall cast a vote on any 30 matter that would provide direct financial benefit to the 31 member or otherwise give the appearance of a conflict of 32 interest under Illinois law. 33 The Council shall prepare and submit to the vocational 34 rehabilitation administrator thesuchreports and findings HB0236 Enrolled -38- LRB9100031DJcdA 1 that the vocational rehabilitation administratoras hemay 2 request or thatasthe Council deems fit. The Council shall 3 select jointly with the vocational rehabilitation 4 administrator a pool of qualified persons to serve as 5 impartial hearing officers. 6 To the extent that there is a disagreement between the 7 Council and the unit within the Department of Human Services 8 responsible for the administration of the vocational 9 rehabilitation program, regarding the resources necessary to 10 carry out the functions of the Council as set forth in this 11 Section, the disagreement shall be resolved by the Governor. 12 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.) 13 (20 ILCS 5/5-555 new) 14 (was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02) 15 Sec. 5-555.6.02.In the Department of Labor. An Advisory 16 Board to the Department of Labor, composed of 13 members, 17 including 5 representatives of employees, 5 representatives 18 of employers, and 3 public members. Members' terms shallwill19be for 2 years with appointments staggered to ensureassure20 continuity in performance of the responsibilities of the 21 Board. The Board shall give notice to the Governor and the 22 Director of Labor of the time and place of every meeting, 23 regular or special, and shall permit the Governor and the 24 Director to be present and to be heard upon any matter coming 25 before the Board. 26 (Source: P.A. 86-544.) 27 (20 ILCS 5/5-560 new) 28 (was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08) 29 Sec. 5-560.6.08.In the Department of Natural Resources. 30 An Advisory Board to the Department of Natural Resources, 31 composed of 11 persons, one of whom shall be a senior citizen 32 age 60 or over. HB0236 Enrolled -39- LRB9100031DJcdA 1 In the appointment of the initial members the Governor 2 shall designate 3 persons to serve for 2 years, 3 for 4 years 3 , and 3 for 6 years from the third Monday in January of the 4 odd-numbered year in which the term commences. The members 5 first appointed under this amendatory Act of 1984 shall serve 6 a term of 6 years commencing on the third Monday in January, 7 1985. 8 The Advisory Board shall formulate long range policies 9 for guidance of the Department in: the protection and 10 conservation of renewable resources of the State of Illinois; 11 the development of areas and facilities for outdoor 12 recreation; the prevention of timber destruction and other 13 forest growth by fire,or otherwise; the reforestation of 14 suitable lands of this State; the extension of cooperative 15 support to other agencies of this State in preventingthe16preventionand guarding against the pollution of streams and 17 lakes within the State; the management of the wildlife 18 resources, including migratory fowl, and fisheries resources, 19 including the construction of new water impoundment areas; 20 the development of an adequate research program for fish, 21 game, and forestry through cooperation with and support of 22 the Illinois Natural History Survey; and the expressing of 23 policies for proper dissemination of and enforcement of the 24 various laws pertinent to the conservation program of 25 Illinois and the nation. 26 The Board shall make a study of the personnel structure 27 of the Department and shall, from time to time, make 28 recommendations to the Governor and the Director of Natural 29 Resources for a merit system of employment and for the 30 revision of the position classification to the extent which 31 Civil Service classification should apply in departmental 32 positions. 33 The Board shall make studies of the land acquisition 34 needs of the Department and recommendations from time to time HB0236 Enrolled -40- LRB9100031DJcdA 1 as to necessary acquisition of lands for fisheries, game, 2 forestry, and recreational development. 3 The Board may recommend to the Director of Natural 4 Resources any reductions or increases of seasons,and bag or 5 possession limits,or the closure of any season when research 6 and inventory data indicate the need for thosesuchchanges. 7SuchBoard members shall be reimbursed for any necessary 8 travel expenses incurred in the performance of their duties. 9 (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.) 10 (20 ILCS 5/5-565 new) 11 (was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06) 12 Sec. 5-565.6.06.In the Department of Public Health. 13 (a) The General Assembly declares it to be the public 14 policy of this State that all citizens of Illinois are 15 entitled to lead healthy lives. Governmental public health 16 has a specific responsibility to ensure that a system is in 17 place to allow the public health mission to be achieved. To 18 develop a system requires certain core functions to be 19 performed by government. The State Board of Health is to 20 assume the leadership role in advising the Director in 21 meeting the following functions: 22 (1) Needs assessment. 23 (2) Statewide health objectives. 24 (3) Policy development. 25 (4) Assurance of access to necessary services. 26 There shall be a State Board of Health composed of 17 27 persons, all of whom shall be appointed by the Governor, with 28 the advice and consent of the Senate for those appointed by 29 the Governor on and after June 30,the effective date of this30amendatory Act of1998, and one of whom shall be a senior 31 citizen age 60 or over. Five members shall be physicians 32 licensed to practice medicine in all its branches, one 33 representing a medical school faculty, one who is board HB0236 Enrolled -41- LRB9100031DJcdA 1 certified in preventive medicine, and 2 who are engaged in 2 private practice. One member shall be a dentist; one an 3 environmental health practitioner; one a local public health 4 administrator; one a local board of health member; one a 5 registered nurse; one a veterinarian; one a public health 6 academician; one a health care industry representative; and 4 7 shall be citizens at large. 8 In the appointment of the first Board of Health members 9 appointed after September 19, 1991 (the effective date of 10 Publicthis amendatoryAct 87-633)of 1991, the Governor 11 shall appoint 5 members to serve for terms of 5 years; 5 12 members to serve for terms of 2 years; and 5 members to serve 13 for a term of one year. Members appointed thereafter shall be 14 appointed for terms of 3 years, except that whenwherean 15 appointment is made to fill a vacancy,in which casethe 16 appointment shall be for the remaining term of the position 17 vacated. The initial terms for the 2 additional members of 18 the board who are citizens at large appointed under Public 19 Act 90-607this amendatory Act of 1998shall be for 3 years 20 each, with these positions thereafter being filled as with 21 other members appointed by the Governor. All members shall be 22 legal residents of the State of Illinois. The duties of the 23 Board shall include, but not be limited to, the following: 24 (1) To advise the Department of ways to encourage 25 public understanding and support of the Department's 26 programs. 27 (2) To evaluate all boards, councils, committees, 28 authorities, and bodies advisory to, or an adjunct of, 29 the Department of Public Health or its Director for the 30 purpose of recommending to the Director one or more of 31 the following: 32 (i) The elimination of bodies whose activities 33 are not consistent with goals and objectives of the 34 Department. HB0236 Enrolled -42- LRB9100031DJcdA 1 (ii) The consolidation of bodies whose 2 activities encompass compatible programmatic 3 subjects. 4 (iii) The restructuring of the relationship 5 between the various bodies and their integration 6 within the organizational structure of the 7 Department. 8 (iv) The establishment of new bodies deemed 9 essential to the functioning of the Department. 10 (3) To serve as an advisory group to the Director 11 for public health emergencies and control of health 12 hazards. 13 (4) To advise the Director regarding public health 14 policy, and to make health policy recommendations 15 regarding priorities to the Governor through the 16 Director. 17 (5) To present public health issues to the Director 18 and to make recommendations for the resolution of those 19 issues. 20 (6) To recommend studies to delineate public health 21 problems. 22 (7) To make recommendations to the Governor through 23 the Director regarding the coordination of State public 24 health activities with other State and local public 25 health agencies and organizations. 26 (8) To report on or before February 1 of each year 27 on the health of the residents of Illinois to the 28 Governor, the General Assembly, and the public. 29 (9) To review the final draft of all proposed 30 administrative rules, other than emergency or preemptory 31 rules and those rules that another advisory body must 32 approve or review within a statutorily defined time 33 period, of the Department after September 19, 1991 (the 34 effective date of Publicthis amendatoryAct 87-633)ofHB0236 Enrolled -43- LRB9100031DJcdA 11991. The Board shall review the proposed rules within 2 90 days of submission by the Department. The Department 3 shall take into consideration any comments and 4 recommendations of the Board regarding the proposed rules 5 prior to submission to the Secretary of State for initial 6 publication. If the Department disagrees with the 7 recommendations of the Board, it shall submit a written 8 response outlining the reasons for not accepting the 9 recommendations. 10 In the case of proposed administrative rules or 11 amendments to administrative rules regarding immunization 12 of children against preventable communicable diseases 13 designated by the Director under the Communicable Disease 14 Prevention Act, after the Immunization Advisory Committee 15 has made its recommendations, the Board shall conduct 3 16 public hearings, geographically distributed throughout 17 the State. At the conclusion of the hearings, the State 18 Board of Health shall issue a report, including its 19 recommendations, to the Director. The Director shall 20 take into consideration any comments or recommendations 21 made by the Board based on these hearings. 22 (10) To make recommendations to the Governor 23 through the Director concerning the development and 24 periodic updating of Statewide health objectives 25 encompassing, in part, the periodically published federal 26 health objectives for the nation, which will provide the 27 basis for the policy development and assurance roles of 28 the State Health Department, and to make recommendations 29 to the Governor through the Director regarding 30 legislation and funding necessary to implement the 31 objectives. 32 (11) Upon the request of the Governor, to recommend 33 to the Governor candidates for Director of Public Health 34 when vacancies occur in the position. HB0236 Enrolled -44- LRB9100031DJcdA 1 (12) To adopt bylaws for the conduct of its own 2 business, including the authority to establish ad hoc 3 committees to address specific public health programs 4 requiring resolution. 5 Upon appointment, the Board shall elect a chairperson 6 from among its members. 7 Members of the Board shall receive compensation for their 8 services at the rate of $150 per day, not to exceed $10,000 9 per year, as designated by the Director for each day required 10 for transacting the business of the Board,and shall be 11 reimbursed for necessary expenses incurred in the performance 12 of their duties. The Board shall meet from time to time at 13 the call of the Department, at the call of the chairperson, 14 or upon the request of 3 of its members, but shall not meet 15 less than 4 times per year. 16 (b) An Advisory Board of Cancer Control which shall 17 consist of 9 members, one of whom shall be a senior citizen 18 age 60 or over, appointed by the Governor, one of whom shall 19 be designated as chairman by a majority of the members of the 20 Board. No less than 4 members shall be recognized authorities 21 in cancer control, and at least 4 members shall be physicians 22 licensed to practice medicine in all of its branches in the 23 State of Illinois. In the appointment of the first board the 24 Governor shall appoint 2 members to serve for terms of 1 25 year, 2 for terms of 2 years, and 3 for terms of 3 years. The 26 members first appointed under Publicthis amendatoryAct 27 83-1538of 1984shall serve for a term of 3 years. All 28 members appointed,thereafter shall be appointed for terms of 29 3 years, except that whenwherean appointment is made to 30 fill a vacancy,in which casethe appointment shall be for 31 the 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 the Advisory Board the Governor shall invite 34 nominations from recognized medical organizations of this HB0236 Enrolled -45- LRB9100031DJcdA 1 State. The Board is authorized to receive voluntary 2 contributions from any source,and to expend the 3 contributionssamefor the purpose of cancer control as 4 authorized by this Act, and the laws of this State. 5 (c) An Advisory Board on Necropsy Service to Coroners, 6 which shall counsel and advise with the Director on the 7 administration of the Autopsy Act. The Advisory Board shall 8 consist of 11 members, including a senior citizen age 60 or 9 over, appointed by the Governor, one of whom shall be 10 designated as chairman by a majority of the members of the 11 Board. In the appointment of the first Board the Governor 12 shall appoint 3 members to serve for terms of 1 year, 3 for 13 terms of 2 years, and 3 for terms of 3 years. The members 14 first appointed under Publicthis amendatoryAct 83-1538of151984shall serve for a term of 3 years. All members 16 appointed thereafter shall be appointed for terms of 3 years, 17 except that whenwherean appointment is made to fill a 18 vacancy,in which casethe appointment shall be for the 19 remaining term of the position vacant. The members of the 20 Board shall be citizens of the State of Illinois. In the 21 appointment of members of the Advisory Board the Governor 22 shall appoint 3 members who shall be persons licensed to 23 practice medicine and surgery in the State of Illinois, at 24 least 2 of whom shall have received post-graduate training in 25 the field of pathology; 3 members who are duly elected 26 coroners in this State; and 5 members who shall have interest 27 and abilities in the field of forensic medicine but who shall 28 be neither persons licensed to practice any branch of 29 medicine in this State nor coroners. In the appointment of 30 medical and coroner members of the Board, the Governor shall 31 invite nominations from recognized medical and coroners 32 organizations in this State respectively. Board members, 33 while serving on business of the Board, shall receive actual 34 necessary travel and subsistence expenses while so serving HB0236 Enrolled -46- LRB9100031DJcdA 1 away from their places of residence. 2 (Source: P.A. 90-607, eff. 6-30-98.) 3 (20 ILCS 5/5-570 new) 4 (was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars. 5 6.02a and 7.04a) 6 Sec. 5-570.6.02a.In the Department of Transportation. 7 A Board of Aeronautical Advisors, composed of 9 persons. 8Sec. 7.04a.The Board of Aeronautical Advisors shall 9 include among its members at least one person who is 10 interested in air commerce, at least one person who is 11 interested in noncommercial private flying, at least one 12 person who is interested in the operation or management of 13 airports, and at least one person who is interested in the 14 conducting of schools thatwhichhave a comprehensive 15 curriculum for instruction of persons desiring to learn how 16 to operate, repair,or maintain aircraft. The Secretary of 17 Transportation shall be a member and chairman of the Board of 18 Aeronautical Advisors. The head of the Division of 19 Aeronautics shall be a member and vice-chairman of the Board. 20 (Source: P.A. 85-1033.) 21 (20 ILCS 5/5-600 new) 22 (was 20 ILCS 5/11) (from Ch. 127, par. 11) 23 Sec. 5-600. Officer's performance of duties.11.Each 24 officer provided for by the Civil Administrative Code of 25 Illinoisthis Actshall perform thesuchduties that areas26may beprescribed by law for the officer'shisposition and 27 to the best of the officer'shisability shall render 28 faithful and efficient service in the performance of those 29hisduties, to the end that the public interest and welfare 30 may be furthered. 31 (Source: Laws 1927, p. 844.) HB0236 Enrolled -47- LRB9100031DJcdA 1 (20 ILCS 5/5-605 new) 2 (was 20 ILCS 5/12) (from Ch. 127, par. 12) 3 Sec. 5-605. Appointment of officers.12.Each officer 4 whose office is created by the Civil Administrative Code of 5 Illinoisthis Act,or by any amendment to the Codethereto,6 shall be appointed by the Governor, by and with the advice 7 and consent of the Senate. In case of vacancies in those 8suchoffices during the recess of the Senate, the Governor 9 shall make a temporary appointment until the next meeting of 10 the Senate, when the Governorheshall nominate some person 11 to fill thesuchoffice, and any person so nominated,who is 12 confirmed by the Senate,shall holdhisoffice during the 13 remainder of the term and until his or her successor isshall14beappointed and qualified. If the Senate is not in session 15 at the time the Codethis Act,or any amendments to the Code 16thereto,take effect, the Governor shall make a temporary 17 appointment as in the case of a vacancy. 18 During the absence or inability to act of the director of 19 any department, or of the Secretary of Human Services or the 20 Secretary of Transportation, or in case of a vacancy in any 21 such office until a successor is appointed and qualified, the 22 Governor may designate some person as acting director or 23 acting secretary to execute the powers and discharge the 24 duties vested by law in that director or secretary. 25 (Source: P.A. 89-507, eff. 7-1-97.) 26 (20 ILCS 5/5-610 new) 27 (was 20 ILCS 5/13) (from Ch. 127, par. 13) 28 Sec. 5-610. Term of office.13.Each officer whose office 29 is created by the Civil Administrative Code of Illinoisthis30Act, except as otherwise specifically provided for in the 31 Codethis Act, shall hold office for a term of 2 years from 32 the third Monday in January of each odd-numbered year and 33 until the officer'shissuccessor is appointed and qualified. HB0236 Enrolled -48- LRB9100031DJcdA 1 Where the provisions of the Codethis Actrequire General 2 Assembly members to be included in the membership of any 3 advisory and nonexecutive board, the General Assembly members 4 shall serve such terms or until termination of their 5 legislative service, whichever first occurs. 6 (Source: P.A. 83-1250.) 7 (20 ILCS 5/5-615 new) 8 (was 20 ILCS 5/14) (from Ch. 127, par. 14) 9 Sec. 5-615. Officer's oath.14.Each officer whose office 10 is created by the Civil Administrative Code of Illinoisthis11Act,or by any amendments to the Codethereto,shall, before 12 entering upon the discharge of the duties of thehisoffice, 13 qualify for the office by taking and subscribing the 14 constitutional oath of office and filing the signed oath in 15 the office of the Secretary of State. 16 (Source: P.A. 79-1348.) 17 (20 ILCS 5/5-620 new) 18 (was 20 ILCS 5/15) (from Ch. 127, par. 15) 19 Sec. 5-620.15.Bond. Each executive and administrative 20 officer whose office is created by the Civil Administrative 21 Code of Illinoisthis Act,or by any amendments to the Code 22thereto,shall give bond before entering upon the discharge 23 of the duties of his or her office by inclusion in the 24 blanket bond or bonds or self-insurance program provided for 25 in Sections 14.1 and 14.2 of the Official Bond Act. 26 All official bonds required to be executed and filed 27 under this Section are subject to the requirements of the 28 Official Bond Act. 29 (Source: P.A. 90-372, eff. 7-1-98.) 30 (20 ILCS 5/5-625 new) 31 (was 20 ILCS 5/16) (from Ch. 127, par. 16) HB0236 Enrolled -49- LRB9100031DJcdA 1 Sec. 5-625. Department regulations.16.The director of 2 each department (see Section 5-10 of this Law for the 3 definition of "director")and the Secretary of the Department4of Transportationis empowered to prescribe regulations, not 5 inconsistent with law, for the government of the director's 6hisdepartment, the conduct of the department'sitsemployees 7 and clerks, the distribution and performance of the 8 department'sitsbusiness, and the custody, use, and 9 preservation of the records, papers, books, documents, and 10 property pertaining to the departmentthereto. 11 (Source: P.A. 77-153.) 12 (20 ILCS 5/5-630 new) 13 (was 20 ILCS 5/17) (from Ch. 127, par. 17) 14 Sec. 5-630. Department offices.17.Each department shall 15 maintain a central office in the Capitol Building, Centennial 16 Building, or State Office Building at Springfield, in rooms 17 provided by the Secretary of State, or in the Armory Building 18 at Springfield, in rooms provided by the Department of 19 Central Management Services, excepting the Department of 20 Agriculture, which shall maintain a central office at the 21 State fair grounds at Springfield, and the Department of 22 Transportation, which shall also maintain a Division of 23 Aeronautics at Capital Airport. The director of each 24 department (see Section 5-10 of this Law for the definition 25 of "director")and the Secretary of Transportation,may, in 26 the director'shisdiscretion and with the approval of the 27 Governor, establish and maintain, at places other than the 28 seat of government, branch offices for the conduct of any one 29 or more functions of the director'shisdepartment. 30 (Source: P.A. 82-789.) 31 (20 ILCS 5/5-635 new) 32 (was 20 ILCS 5/18) (from Ch. 127, par. 18) HB0236 Enrolled -50- LRB9100031DJcdA 1 Sec. 5-635. Department office hours.18.Each department 2 shall be open for the transaction of public business at least 3 from 8:30eight-thirty o'clockin the morning until 5:00five4o'clockin the evening of each day except Saturdays, Sundays, 5 and days that may hereafter be declared by the Governor to be 6 holidays for State employees. 7 (Source: Laws 1965, p. 542.) 8 (20 ILCS 5/5-640 new) 9 (was 20 ILCS 5/19) (from Ch. 127, par. 19) 10 Sec. 5-640. Department seal.19.Each department shall 11 adopt and keep an official seal. 12 (Source: Laws 1917, p. 2.) 13 (20 ILCS 5/5-645 new) 14 (was 20 ILCS 5/20) (from Ch. 127, par. 20) 15 Sec. 5-645. Department employees.20.Each department may 16 obtain necessary employees and, if the rate of compensation 17 is not otherwise fixed by law, may fix their compensation 18 subject to the"Personnel Code", approved July 18, 1955, as19amended. 20 (Source: Laws 1967, p. 4068.) 21 (20 ILCS 5/5-650 new) 22 (was 20 ILCS 5/25) (from Ch. 127, par. 25) 23 Sec. 5-650. Department reports.25.The Governor may 24 require from each director of a department (see Section 5-10 25 of this Law for the definition of "director")and the26Secretary of Transportation,a report in writing concerning 27 the condition, management, and financial transactions of the 28 director's departmenttheir respective departments. In 29 addition to thosesuchreports, each director of a department 30and the Secretary of the Department of Transportation,shall 31 make the semi-annual and biennial reports provided by the HB0236 Enrolled -51- LRB9100031DJcdA 1 Constitution. 2 (Source: P.A. 82-905.) 3 (20 ILCS 5/5-655 new) 4 (was 20 ILCS 5/26) (from Ch. 127, par. 26) 5 Sec. 5-655. Cooperation by directors.26.The directors 6 of departments (see Section 5-10 of this Law for the 7 definition of "director") shall devise a practical and 8 working basis for co-operation and co-ordination of work, 9 eliminating duplication and overlapping of functions. They 10 shall, so far as practicable, co-operate with each other in 11 the employment of services and the use of quarters and 12 equipment. The director of any department may empower or 13 require an employeeemployeof another department, subject to 14 the consent of the superior officer of the employeeemploye, 15 to perform any duty that the directorwhich hemight require 16 of his or her own subordinates. 17 The directors of departments may co-operate in the 18 investigation of any licensed health care professional or may 19 jointly investigate such a person and may share the results 20 of any cooperative, joint, or independent investigation of 21 such a person. 22 (Source: P.A. 84-1252.) 23 (20 ILCS 5/5-660 new) 24 (was 20 ILCS 5/31) (from Ch. 127, par. 31) 25 Sec. 5-660. Power to inspect and secure data or 26 information31. Whenever in the Civil Administrative Code of 27 Illinoisthis Actpower is vested in a department to inspect, 28 examine, or secure data or information,or to procure 29 assistance from another department, a duty is hereby imposed 30 upon the department upon which demand is made, to make that 31suchpower effective. 32 (Source: Laws 1917, p. 2.) HB0236 Enrolled -52- LRB9100031DJcdA 1 (20 ILCS 5/5-675 new) 2 (was 20 ILCS 5/51) (from Ch. 127, par. 51) 3 Sec. 5-675.51.Acquisition of land. The Secretary of 4 Transportation and the Director of Natural Resources are 5 respectively authorized, with the consent in writing of the 6 Governor, to acquire by private purchase, or by condemnation 7 in the manner provided for the exercise of the power of 8 eminent domain under Article VII of the Code of Civil 9 Procedure, any and all lands, buildings, and grounds for 10 which an appropriation may be made by the General Assembly,11 to their respective departments. To the extent necessary to 12 comply with the federal"Uniform Relocation Assistance and 13 Real Property Acquisition Policies Act", Public Law 91-646, 14as amended,the Department of Transportation and the 15 Department of Natural Resources, respectively, are authorized 16 to operate a relocation program and to pay relocation costs. 17 The departments are authorized to exceed the maximum payment 18 limits of the federal"Uniform Relocation Assistance and Real 19 Property Acquisition Policies Act"when necessary to ensure 20 the provision of decent, safe, or sanitary housing,or to 21 secure a suitable relocation site. 22 The Director of Central Management Services is 23 authorized, with the consent in writing of the Governor, to 24 acquire by private purchase, or by condemnation in the manner 25 provided for the exercise of the power of eminent domain 26 under Article VII of the Code of Civil Procedure, all other 27 lands, buildings, and grounds for which an appropriation may 28 be made by the General Assembly. To the extent necessary to 29 comply with the federal"Uniform Relocation Assistance and 30 Real Property Acquisition Policies Act", Public Law 91-646, 31as amended,the Department of Central Management Services is 32 authorized to operate a relocation program and to pay 33 relocation costs. The Department is authorized to exceed the 34 maximum payment limits of the federal"Uniform Relocation HB0236 Enrolled -53- LRB9100031DJcdA 1 Assistance and Real Property Acquisition Policies Act"when 2 necessary to ensure the provision of decent, safe, and 3 sanitary housing,or to secure a suitable relocation site. 4 The Department shall make or direct the payment of thesuch5 relocation amounts from the funds available to acquire the 6 property. 7 (Source: P.A. 89-445, eff. 2-7-96.) 8 (20 ILCS 5/5-700 new) 9 (was 20 ILCS 5/32) (from Ch. 127, par. 32) 10 Sec. 5-700. Transfers of rights, powers, and duties.32.11 Whenever rights, powers, and duties vested in or exercised by 12 any officer, board, commission, institution, or department,13 or any deputy, inspector, or subordinate officer of one of 14 thosethereof,are, by the Civil Administrative Code of 15 Illinoisthis Act,or by any amendments to the Codethereto, 16 transferred either in whole or in part,to or vested in a 17 department created by the Codethis Act,or by any amendments 18 to the Codethereto, thosesuchrights, powers, and duties 19 shall be vested in,and shall be exercised by the department 20 to which theythe sameare thereby transferred,and not 21 otherwise, and every act done in the exercise of thosesuch22 rights, powers, and duties shall have the same legal effect 23 as if done by the former officer, board, commission, 24 institution, or department,or any deputy, inspector, or 25 subordinate officer of any of thosethereof. 26 Every person and corporation shall be subject to the same 27 obligations and duties and shall have the same rights,28 arising from the exercise of thosesuchrights, powers, and 29 duties as if thosesuchrights, powers, and duties were 30 exercised by the officer, board, commission, department, or 31 institution,or deputy, inspector, or subordinate of any of 32 thosethereof,designated in the respective laws thatwhich33 are to be administered by departments created by the Civil HB0236 Enrolled -54- LRB9100031DJcdA 1 Administrative Code of Illinoisthis Actor by any amendments 2 to the Codethereto. Every person and corporation shall be 3 subject to the same penalty or penalties, civil or criminal, 4 for failure to perform any such obligation or duty,or for 5 doing a prohibited act,as if thesuchobligation or duty 6 arose from, or thesuchact were prohibited in, the exercise 7 of thesuchright, power, or duty by the officer, board, 8 commission, department, or institution,or deputy, inspector, 9 or subordinate of any of thosethereof,designated in the 10 respective laws thatwhichare to be administered by 11 departments created by the Civil Administrative Code of 12 Illinoisthis Actor by any amendments to the Codethereto. 13 Every officer and employee shall, for any offense, be subject 14 to the same penalty or penalties, civil or criminal, as are 15 prescribed by existing law for the same offense by any 16 officer or employee whose powers or duties devolved upon the 17 officer or employeehimunder the Codethis Actor underby18 any amendments to the Codethereto. 19 All books, records, papers, documents, property, real and 20 personal, unexpended appropriations, and pending business in 21 any way pertaining to the rights, powers, and duties so 22 transferred to or vested in a department created by the Civil 23 Administrative Code of Illinoisthis Act,or by any 24 amendments to the Codethereto,shall be delivered and 25 transferred to the department succeeding to thosesuch26 rights, powers, and duties. 27 (Source: Laws 1941, vol. 1, p. 1214.) 28 (20 ILCS 5/5-705 new) 29 (was 20 ILCS 5/33) (from Ch. 127, par. 33) 30 Sec. 5-705. Reports and notices after position or entity 31 abolished or duties transferred.33.Whenever reports or 32 notices are now required to be made or given,or papers or 33 documents furnished or served by any person to or upon any HB0236 Enrolled -55- LRB9100031DJcdA 1 officer, board, commission, or institution,or any deputy, 2 inspector, or subordinate of any of thosethereof,abolished 3 by the Civil Administrative Code of Illinoisthis Act,or by 4 any amendments to the Codethereto, or whose duties with 5 relation to the subject matter of thosesuchreports, 6 notices, papers, or documents have, by the Codethis Act,or 7 any amendments to the Codethereto, been transferred to 8 another department, division, office, board, or other agency 9 of the State government, the same shall be made, given, 10 furnished, or served in the same manner to or upon the 11 department, division, office, board, or other agency upon 12 which are devolved by the Codethis Actor by any amendments 13 to the Codetheretothe rights, powers, and duties now 14 exercised or discharged by thesuchofficer, board, 15 commission, or institution,or the deputy, inspector, or 16 subordinate of any of those,thereofand every penalty for 17 failure so to do shall continue in effect. 18 (Source: P.A. 77-153.) 19 (15 ILCS 20/Art. 50 heading new) 20 ARTICLE 50. STATE BUDGET 21 (15 ILCS 20/50-1 new) 22 Sec. 50-1. Article short title. This Article 50 of the 23 Civil Administrative Code of Illinois may be cited as the 24 State Budget Law. 25 (15 ILCS 20/50-5 new) 26 (was 15 ILCS 20/38) (from Ch. 127, par. 38) 27 Sec. 50-5. Governor to submit State budget.38.The 28 Governor shall, as soon as possible and not later than the 29 third Wednesday in February of each year beginning in 1998, 30 submit a State budget, embracing therein the amounts 31 recommended by the Governorhimto be appropriated to the HB0236 Enrolled -56- LRB9100031DJcdA 1 respective departments, offices, and institutions, and for 2 all other public purposes, the estimated revenues from 3 taxation, the estimated revenues from sources other than 4 taxation, and an estimate of the amount required to be raised 5 by taxation. The amounts recommended by the Governor for 6 appropriation to the respective departments, offices and 7 institutions shall be formulated according to the various 8 functions and activities for which the respective department, 9 office or institution of the State government (including the 10 elective officers in the executive department and including 11 the University of Illinois and the judicial department) is 12 responsible. The amounts relating to particular functions and 13 activities shall be further formulated in accordance with the 14 object classification specified in Section 13 of the State 15 Finance Act. 16 The Governor shall not propose expenditures and the 17 General Assembly shall not enact appropriations that exceed 18 the resources estimated to be available, as provided in this 19 Section. 20 For the purposes of Article VIII, Section 2 of the 1970 21 Illinois Constitution, the State budget for the following 22 funds shall be prepared on the basis of revenue and 23 expenditure measurement concepts that are in concert with 24 generally accepted accounting principles for governments: 25 (1) General Revenue Fund. 26 (2) Common School Fund. 27 (3) Educational Assistance Fund. 28 (4) Road Fund. 29 (5) Motor Fuel Tax Fund. 30 (6) Agricultural Premium Fund. 31 These funds shall be known as the "budgeted funds". The 32 revenue estimates used in the State budget for the budgeted 33 funds shall include the estimated beginning fund balance, 34 plus revenues estimated to be received during the budgeted HB0236 Enrolled -57- LRB9100031DJcdA 1 year, plus the estimated receipts due the State as of June 30 2 of the budgeted year that are expected to be collected during 3 the lapse period following the budgeted year, minus the 4 receipts collected during the first 2 months of the budgeted 5 year that became due to the State in the year before the 6 budgeted year. Revenues shall also include estimated federal 7 reimbursements associated with the recognition of Section 25 8 of the State Finance Act liabilities. For any budgeted fund 9 for which current year revenues are anticipated to exceed 10 expenditures, the surplus shall be considered to be a 11 resource available for expenditure in the budgeted fiscal 12 year. 13 Expenditure estimates for the budgeted funds included in 14 the State budget shall include the costs to be incurred by 15 the State for the budgeted year, to be paid in the next 16 fiscal year, excluding costs paid in the budgeted year which 17 were carried over from the prior year, where the payment is 18 authorized by Section 25 of the State Finance Act. For any 19 budgeted fund for which expenditures are expected to exceed 20 revenues in the current fiscal year, the deficit shall be 21 considered as a use of funds in the budgeted fiscal year. 22 Revenues and expenditures shall also include transfers 23 between funds that are based on revenues received or costs 24 incurred during the budget year. 25 By March 15 of each year, the Economic and Fiscal 26 Commission shall prepare revenue and fund transfer estimates 27 in accordance with the requirements of this Section and 28 report those estimates to the General Assembly and the 29 Governor. 30 For all funds other than the budgeted funds, the proposed 31 expenditures shall not exceed funds estimated to be available 32 for the fiscal year as shown in the budget. Appropriation 33 for a fiscal year shall not exceed funds estimated by the 34 General Assembly to be available during that year. HB0236 Enrolled -58- LRB9100031DJcdA 1 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.) 2 (15 ILCS 20/50-10 new) 3 (was 15 ILCS 20/38.1) (from Ch. 127, par. 38.1) 4 Sec. 50-10. Budget contents.38.1.The budget shall be 5 submitted by the Governor with line item and program data. 6 The budget shall also contain performance data presenting an 7 estimate for the current fiscal year, projections for the 8 budget year, and information for the 3 prior fiscal years 9 comparing department objectives with actual accomplishments, 10 formulated according to the various functions and activities, 11 and, wherever the nature of the work admits, according to the 12 work units, for which the respective departments, offices, 13 and institutions of the State government (including the 14 elective officers in the executive department and including 15 the University of Illinois and the judicial department) are 16 responsible. 17 For the fiscal year beginning July 1, 1992 and for each 18 fiscal year thereafter, the budget shall include the 19 performance measures of each department's accountability 20 report. 21 For the fiscal year beginning July 1, 1997 and for each 22 fiscal year thereafter, the budget shall include one or more 23 line items appropriating moneys to the Department of Human 24 Services to fund participation in the Home-Based Support 25 Services Program for Mentally Disabled Adults under the 26 Developmental Disability and Mental Disability Services Act 27 by persons described in Section 2-17 of that Act. 28 The budget shall contain a capital development Section in 29 which the Governor will present (1) information on the 30 capital projects and capital programs for which 31 appropriations are requested,and(2) the capital spending 32 plans, which shall document the first and subsequent years 33 cash requirements by fund for the proposed bonded program, HB0236 Enrolled -59- LRB9100031DJcdA 1 and (3) a statement thatwhichshall identify by year the 2 principal and interest costs until retirement of the State's 3 general obligation debt. In addition, the principal and 4 interest costs of the budget year program shall be presented 5 separately, to indicate the marginal cost of principal and 6 interest payments necessary to retire the additional bonds 7 needed to finance the budget year's capital program. 8 For the budget year, the current year, and 3threeprior 9 fiscal years, the Governor shall also include in the budget 10 estimates of or actual values for the assets and liabilities 11 for General Assembly Retirement System, State Employees' 12 Retirement System of Illinois, State Universities Retirement 13 System, Teachers' Retirement System of the State of Illinois, 14 and Judges Retirement System of Illinois. 15 The budget submitted by the Governor shall contain, in 16 addition, in a separate book, a tabulation of all position 17 and employment titles in each such department, office, and 18 institution, the number of each, and the salaries for each, 19 formulated according to divisions, bureaus, sections, 20 offices, departments, boards, and similar subdivisions, which 21 shall correspond as nearly as practicable to the functions 22 and activities for which the department, office, or 23 institution is responsible. 24 Together with thesuchbudget, the Governor shall 25 transmit the estimates of receipts and expenditures, as 26 received by the director of the Bureau of the Budget, of the 27 elective officers in the executive and judicial departments 28 and of the University of Illinois. 29 (Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.) 30 (15 ILCS 20/50-15 new) 31 (was 15 ILCS 20/38.2) (from Ch. 127, par. 38.2) 32 Sec. 50-15. Department accountability reports; Budget 33 Advisory Panel.38.2.HB0236 Enrolled -60- LRB9100031DJcdA 1 (a) Beginning in the fiscal year which begins July 1, 2 1992, each department of State government as listed in 3 Section 5-153of the Departments of State Government Law (20 4 ILCS 5/5-15)this Codeshall submit an annual accountability 5 report to the Bureau of the Budget at times designated by the 6 Director of the Bureau of the Budget. Each accountability 7 report shall be designed to assist the Bureau of the Budget 8 in its duties under Sections 2.2 and 2.3 of the"An Act to9create aBureau of the Budget Actand to define its powers10and duties and to make an appropriation", approved April 16,111969, as now or hereafter amended,and shall measure the 12 department's performance based on criteria, goals, and 13 objectives established by the department with the oversight 14 and assistance of the Bureau of the Budget. Each department 15 shall also submit interim progress reports at times 16 designated by the Director of the Bureau of the Budget. 17 (b) There is created a Budget Advisory Panel, consisting 18 of 10 representatives of private business and industry 19 appointed 2 each by the Governor, the President of the 20 Senate, theandMinority Leader of the Senate, theand21 Speaker of the House of Representatives, and the Minority 22 Leader of the House of Representatives. The Budget Advisory 23 Panel shall aid the Bureau of the Budget in the establishment 24 of the criteria, goals, and objectives by the departments for 25 use in measuring their performance in accountability reports. 26 The Budget Advisory Panel shall also assist the Bureau of the 27 Budget in reviewing accountability reports and assessing the 28 effectiveness of each department's performance measures. The 29 Budget Advisory Panel shall submit to the Bureau of the 30 Budget a report of its activities and recommendations for 31 change in the procedures established in subsection (a) at the 32 time designated by the Director of the Bureau of the Budget, 33 but in any case no later than the third Friday of each 34 November. HB0236 Enrolled -61- LRB9100031DJcdA 1 (c) The Director of the Bureau of the Budget shall 2 select not more than 3 departments for a pilot program 3 implementing the procedures of subsection (a) for budget 4 requests for the fiscal years beginning July 1, 1990 and July 5 1, 1991, and each of the departments elected shall submit 6 accountability reports for those fiscal years. 7 By April 1, 1991, the Bureau of the Budget with the 8 assistance of the Budget Advisory Panel shall recommend in 9 writing to the Governor any changes in the budget review 10 process established pursuant to this Section suggested by its 11 evaluation of the pilot program. The Governor shall submit 12 changes to the budget review process that the Governorhe13 plans to adopt, based on the report, to the President and 14 Minority Leader of the Senate and the Speaker and Minority 15 Leader of the House of Representatives. 16 (Source: P.A. 86-1027.) 17 (15 ILCS 20/50-20 new) 18 (was 15 ILCS 20/38.3) 19 Sec. 50-20.38.3.Responsible Education Funding Law. 20 (a) The Governor shall submit to the General Assembly a 21 proposed budget for elementary and secondary education in 22 which total General Revenue Fund appropriations are no less 23 than the total General Revenue Fund appropriations of the 24 previous fiscal year. In addition, the Governor shall 25 specify the total amount of funds to be transferred from the 26 General Revenue Fund to the Common School Fund during the 27 budget year, which shall be no less than the total amount 28 transferred during the previous fiscal year. The Governor 29 may submit a proposed budget in which the total appropriated 30 and transferred amounts are less than the previous fiscal 31 year if the Governor declares in writing to the General 32 Assembly the reason for the lesser amounts. 33 (b) The General Assembly shall appropriate amounts for HB0236 Enrolled -62- LRB9100031DJcdA 1 elementary and secondary education from the General Revenue 2 Fund for each fiscal year so that the total General Revenue 3 Fund appropriation is no less than the total General Revenue 4 Fund appropriation for elementary and secondary education for 5 the previous fiscal year. In addition, the General Assembly 6 shall legislatively transfer from the General Revenue Fund to 7 the Common School Fund for thesuchfiscal year a total 8 amount that is no less than the total amount transferred for 9 the previous fiscal year. The General Assembly may 10 appropriate or transfer lesser amounts if it declares by 11 Joint Resolution the reason for the lesser amounts. 12 (c) This Section may be cited as the Responsible 13 Education Funding Law. 14 (Source: P.A. 88-660, eff. 9-16-94.) 15 (20 ILCS 110/Art. 110 heading new) 16 ARTICLE 110. DEPARTMENT ON AGING 17 (20 ILCS 110/110-1 new) 18 Sec. 110-1. Article short title. This Article 110 of the 19 Civil Administrative Code of Illinois may be cited as the 20 Department on Aging Law. 21 (20 ILCS 110/110-5 new) 22 (was 20 ILCS 110/69) (from Ch. 127, par. 63b15) 23 Sec. 110-5.69. TheDepartment on Aging; powers. The 24 Department on Aging shall exercise, administer, and enforce 25 all rights, powers, and duties vested in the Department on 26 Aging by the"Illinois Act on the Aging", enacted by the27Seventy-eighth General Assembly as amended. 28 (Source: P.A. 78-242.) 29 (20 ILCS 205/Art. 205 heading new) 30 ARTICLE 205. DEPARTMENT OF AGRICULTURE HB0236 Enrolled -63- LRB9100031DJcdA 1 (20 ILCS 205/205-1 new) 2 Sec. 205-1. Article short title. This Article 205 of the 3 Civil Administrative Code of Illinois may be cited as the 4 Department of Agriculture Law. 5 (20 ILCS 205/205-5 new) 6 Sec. 205-5. Definition. In this Law, "Department" means 7 the Department of Agriculture. 8 (20 ILCS 205/205-10 new) 9 (was 20 ILCS 205/40) (from Ch. 127, par. 40) 10 Sec. 205-10. Powers, generally.40.The Departmentof11Agriculturehas the powers enumerated in the following 12 Sections40.1 through 40.45. 13 (Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.) 14 (20 ILCS 205/205-15 new) 15 (was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars. 16 40.7 and 40.8) 17 Sec. 205-15.40.7.Promotional activities. 18 (a) The Department has the power to encourage and 19 promote, in every practicable manner, the interests of 20 agriculture, including horticulture, the livestock industry, 21 dairying, cheese making, poultry, bee keeping, forestry, the 22 production of wool, and all other allied industries. In 23 furtherance of the duties set forth in this subsection (a) 24Section, the Department may establish trust funds and bank 25 accounts in adequately protected financial institutions to 26 receive and disburse monies in connection with the conduct of 27 food shows, food expositions, trade shows, and other 28 promotional activities,and to sell at cost, to qualified 29 applicants, signs designating farms that, whichhave been 30 owned for 100 years or more by lineal or collateral 31 descendants of the same family,as "Centennial Farms". The HB0236 Enrolled -64- LRB9100031DJcdA 1 Department shall provide applications for thesuchsigns, 2 which shall be submitted with the required fee. "Centennial 3 Farms" signs shall not contain within their design,the name, 4 picture, or other likeness of any elected public official or 5 any appointed public official. 6 (b) The Department has the powerSec. 40.8.to promote 7 improved methods of conducting thetheseseveral industries 8 described in subsection (a) with a view to increasing the 9 production and facilitatingfacilitatethe distribution 10 thereof at the least cost. 11 (Source: Laws 1967, p. 4087; P.A. 90-598, eff. 1-1-99.) 12 (20 ILCS 205/205-20 new) 13 (was 20 ILCS 205/40.7a) 14 Sec. 205-20.40.7a.State Fair promotion. The Department 15 has the power to encourage and promote agriculture and 16 related industries and activities associated with the 17 Illinois State Fair. The Department may establish State Fair 18 and treasury held funds to receive and disburse moneys in 19 connection with the conduct and promotion of activities held 20 at the Illinois State Fair. 21 (Source: P.A. 88-5.) 22 (20 ILCS 205/205-25 new) 23 (was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14) 24 Sec. 205-25. Institutes, societies, fairs, and exhibits. 25 The Department has the power40.14.to assist, encourage, and 26 promote the organization of farmers' institutes, 27 horticultural and agricultural societies, the holding of 28 fairs, fat stock shows, or other exhibits of the products of 29 agriculture, and the breeding and racing of Illinois 30 conceived and foaled horses. 31 (Source: P.A. 84-295.) HB0236 Enrolled -65- LRB9100031DJcdA 1 (20 ILCS 205/205-27 new) 2 (was 20 ILCS 205/40.7b) 3 Sec. 205-27.40.7b.Livestock show promotion grants. 4 The Department has the power to develop and implement a 5 program of grants to promote National Junior Livestock 6 Association production livestock shows that have been 7 approved by the Department and are scheduled to be held at 8 the Illinois State Fair or the DuQuoin State Fair. Grant 9 applicants must be nonprofit organizations that organize or 10 sponsor the shows and must submit information requested by 11 the Department to verify their nonprofit nature and financial 12 condition. 13 Criteria for awarding grants shall include, but need not 14 be limited to, the following: (i) the length of the show; 15 (ii) the estimated proceeds of the show; (iii) the number of 16 entries in the show; and (iv) the economic impact of the show 17 upon the State. 18 Grants shall be awarded from funds appropriated for this 19 purpose to a maximum of $100,000 per fiscal year. Any number 20 of grants may be awarded, but no single grant may exceed 21 $25,000 and no more than one grant may be awarded for the 22 promotion of one show. 23 (Source: P.A. 90-641, eff. 1-1-99.) 24 (20 ILCS 205/205-30 new) 25 (was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9) 26 Sec. 205-30. Production and marketing statistics. The 27 Department has the power40.9.to collect and publish 28 statistics relating to crop production and marketing and to,29 the production of and marketing of beef, pork, poultry, 30 mutton, wool, butter, cheese, and other agricultural products 31 so far as thatsuchstatistical information may be of value 32 to the agricultural and allied interests of the State. 33 (Source: Laws 1967, p. 4087.) HB0236 Enrolled -66- LRB9100031DJcdA 1 (20 ILCS 205/205-35 new) 2 (was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10) 3 Sec. 205-35. Market news and bulletins. The Department 4 has the power40.10.to collect, analyze, and publish market 5 news and to establishsuchfacilities and publishsuch6 bulletins and news reports thatasmay be necessary and 7 proper in order to keep producers and handlers informed 8 concerning supply, demand, and other economic conditions 9 affecting and related to the sale of livestock and other 10 agricultural products produced in the State of Illinois. 11 (Source: P.A. 84-295.) 12 (20 ILCS 205/205-40 new) 13 (was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31) 14 Sec. 205-40. Export consulting service and standards. 1540.31.The Department,of Agriculturein cooperation with the 16 Department of Commerce and Community Affairs and the 17 Agricultural Export Advisory Committee, shall (1) provide a 18 consulting service to those who desire to export farm 19 products, commodities, and supplies,and guide them in their 20 efforts to improve trade relations; (2) cooperate with 21 agencies and instrumentalities of the federal government to 22 develop export grade standards for farm products, commodities 23 , and supplies produced in Illinois andshalladopt 24 reasonable rules and regulations to ensureinsurethat 25 exports of thosesuchproducts, commodities, and supplies,26 comply with thosesuchstandards; (3) upon request and after 27 inspection of any such farm product, commodity, or supplies, 28 certify compliance or noncompliance with thosesuch29 standards; (4) provide an informational program to existing 30 and potential foreign importers of farm products, commodities 31 , and supplies; (5) qualify for U. S. Department of 32 Agriculture matching funds for overseas promotion of farm 33 products, commodities, and supplies according to the federal HB0236 Enrolled -67- LRB9100031DJcdA 1 requirements regarding State expenditures that are eligible 2 for matching funds; and (6) provide a consulting service to 3 persons who desire to export processed or value-added 4 agricultural products,and assist thosesuchpersons in 5 ascertaining legal and regulatory restrictions and market 6 preferences thatwhichaffect the sale of value-added 7 agricultural products in foreign markets. 8 (Source: P.A. 83-445.) 9 (20 ILCS 205/205-45 new) 10 (was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36) 11 Sec. 205-45. "Illinois Product" label program. The 12 Department has the power40.36.to administer the "Illinois 13 Product" label program, whereby a label with the words 14 "Illinois Product" on it may be placed on food and 15 agribusiness commodities produced, processed, or packaged in 16 Illinois. 17 (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.) 18 (20 ILCS 205/205-50 new) 19 (was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40) 20 Sec. 205-50. Ginseng marketing program. The Department 21 has the power40.40.to develop a ginseng marketing program 22 for domestic and international markets. 23 (Source: P.A. 87-121.) 24 (20 ILCS 205/205-55 new) 25 (was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27) 26 Sec. 205-55. Gasohol and other alcohol fuels promotion. 27 The Department has the power40.27.to promote the use of 28 gasohol and other alcohol fuels and to promote the 29 utilization of agricultural crops for the production of 30 alcohol fuels, particularly the use of by-products of such 31 crops without diminishing the primary utilization of such HB0236 Enrolled -68- LRB9100031DJcdA 1 crops. 2 (Source: P.A. 83-439.) 3 (20 ILCS 205/205-60 new) 4 (was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35) 5 Sec. 205-60.40.35.Aquaculture. The Department has the 6 power to develop and implement a program to promote 7 aquaculture in this State pursuant to the Aquaculture 8 Development Act, to promulgate the necessary rules and 9 regulations, and to cooperate with and seek the assistance of 10 the Department of Natural Resources and the Department of 11 Transportation in the implementation and enforcement of that 12 Act. 13 (Source: P.A. 89-445, eff. 2-7-96.) 14 (20 ILCS 205/205-100 new) 15 (was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11) 16 Sec. 205-100. Trees and shrubs; insect pests and plant 17 diseases. The Department has the power40.11.to encourage 18 the planting of trees and shrubs and the improvement of farm 19 homes generally and;to provide for the suppression and 20 control of insect pests and plant diseases. 21 (Source: P.A. 84-295.) 22 (20 ILCS 205/205-105 new) 23 (was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24) 24 Sec. 205-105. County soil surveys.40.24.The Department 25of Agricultureshall provide funds sufficient to pay 25% of 26 the cost of conducting county soil surveys conducted pursuant 27 to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code 28 of Federal Regulations. 29 (Source: P.A. 81-1360.) 30 (20 ILCS 205/205-110 new) HB0236 Enrolled -69- LRB9100031DJcdA 1 (was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28) 2 Sec. 205-110. Forestry management; farmland preservation. 3 The Department has the power40.28.to provide information 4 and assistance to farmland owners in this State regarding the 5 economic and soil and water conservation benefits that can be 6 attained through forestry management on marginal lands and;7 to promote farmland preservation. 8 (Source: P.A. 84-295.) 9 (20 ILCS 205/205-115 new) 10 (was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38) 11 Sec. 205-115. Revegetation of post-mining land. The 12 Department has the power:40.38.to develop data used in the 13 Agricultural Lands Productivity Formula that is used in 14 determining the success of revegetation of post-mining land 15 for row-crop agricultural purposes in accordance with the 16 Surface Coal Mining Land Conservation and Reclamation Act; to 17 cooperate with the Department of Natural Resources in 18 determining the success of thesuchcropland revegetation 19 under the Surface Coal Mining Land Conservation and 20 Reclamation Act; and to publish annually a Soil Master and 21 County Cropped Acreage Manual, which is data derived from and 22 used in the formula. The, but suchmanual is exempt from the 23 rule-making requirements of the Illinois Administrative 24 Procedure Act. 25 (Source: P.A. 89-445, eff. 2-7-96.) 26 (20 ILCS 205/205-200 new) 27 (was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16) 28 Sec. 205-200. Animal welfare. The Department has the 29 power40.16.to execute and administer acts and rules 30 relating to animal welfare. 31 (Source: P.A. 84-295.) HB0236 Enrolled -70- LRB9100031DJcdA 1 (20 ILCS 205/205-205 new) 2 (was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13) 3 Sec. 205-205. Contagious and infectious diseases among 4 domestic animals. The Department has the power40.13.to 5 inquire into the causes of contagious, infectious, and 6 communicable diseases among domestic animals,and the means 7 for the prevention and cure of thosesuchdiseases. 8 (Source: Laws 1967, p. 4087.) 9 (20 ILCS 205/205-300 new) 10 (was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4) 11 Sec. 205-300. Inspection of apiaries. The Department has 12 the power40.4.to exercise the rights, powers, and duties 13 vested by law in the State inspector of apiaries and the 14 inspector's, hisassistants and employees. 15 (Source: Laws 1967, p. 4087.) 16 (20 ILCS 205/205-305 new) 17 (was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12) 18 Sec. 205-305. Veterinary biologics. The Department has 19 the power40.12.to approve the use of licensed veterinary 20 biologics in the State and approve field trials of veterinary 21 biologics in accordance with the standards provided for in 22 the Code of Federal Regulations, Title 9, Subpart E. 23 (Source: P.A. 88-91; 88-457.) 24 (20 ILCS 205/205-310 new) 25 (was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33) 26 Sec. 205-310. Laboratory services. The Department has the 27 power40.33.to provide laboratory services for the diagnosis 28 of animal diseases and,for the analysis of feeds, 29 fertilizers, seeds, and pesticides,and to perform related 30 laboratory services. 31 (Source: P.A. 84-295.) HB0236 Enrolled -71- LRB9100031DJcdA 1 (20 ILCS 205/205-315 new) 2 (was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17) 3 Sec. 205-315. Warehouses; buying and selling grain. The 4 Department has the power40.17.to exercise the rights, 5 powers, and duties vested by law in the Department in 6 regulating grain warehouses, personal property warehouses, 7 and persons engaged in the business of buying and selling 8 grain. 9 (Source: P.A. 84-295.) 10 (20 ILCS 205/205-320 new) 11 (was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18) 12 Sec. 205-320. Weights and measures. The Department has 13 the power40.18.to execute and administer all laws and 14 regulations,now or hereafter enacted,relating to weights 15 and measures. 16 (Source: Laws 1967, p. 4087.) 17 (20 ILCS 205/205-325 new) 18 (was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19) 19 Sec. 205-325. Commodities; standards and quality. The 20 Department has the power40.19.to execute and administer all 21 laws and regulations,now or hereafter enacted,relating to 22 standards and quality of and for commodities. 23 (Source: Laws 1967, p. 4087.) 24 (20 ILCS 205/205-330 new) 25 (was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32) 26 Sec. 205-330. Meat and poultry. The Department has the 27 power40.32.to execute and administer the laws and rules 28 pertaining to the slaughter, processing, and sale of meat and 29 poultry and products thereof. 30 (Source: P.A. 84-295.) HB0236 Enrolled -72- LRB9100031DJcdA 1 (20 ILCS 205/205-335 new) 2 (was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21) 3 Sec. 205-335. Pesticides. The Department has the power 440.21.to execute and administer laws and regulations 5 relating to the distribution, sale, use, and registration of 6 pesticides and the regulation and certification of persons 7 applying pesticides and pesticide dealers. The Department 8 also has the power; andto promote the proper handling and 9 use of pesticide containers through the operation of 10 pesticide container recycling programs and to make business 11 development loans from moneys granted to the Department by 12 the United States Department of Agriculture for those 13 purposes, subject to terms and conditions the Department 14 deems necessary to ensure repayment of the loans. 15 (Source: P.A. 89-463, eff. 5-31-96.) 16 (20 ILCS 205/205-340 new) 17 (was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39) 18 Sec. 205-340. Pesticide contamination at agrichemical 19 facilities.40.39.In accordance with constitutional 20 limitations,and to the extent necessary to carry out the 21 Department's powers and duties under paragraph 8 of Section 22 19 of the Illinois PesticideControlAct, the Department has 23 the power to enter at all reasonable times upon any private 24 or public property. 25 (Source: P.A. 86-1172.) 26 (20 ILCS 205/205-345 new) 27 (was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6) 28 Sec. 205-345. Fertilizers. The Department has the power 2940.6.to execute and administer the Acts and rules regulating 30 the manufacture, sale, and distribution of fertilizers. 31 (Source: P.A. 84-295.) HB0236 Enrolled -73- LRB9100031DJcdA 1 (20 ILCS 205/205-350 new) 2 (was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25) 3 Sec. 205-350. Fuel sold as gasohol; penalty. The 4 Department has the power40.25.to test fuel thatwhichis 5 sold as gasohol,or is claimed to be gasohol under the Use 6 Tax Act, the Service Occupation Tax Act, or the Retailers' 7 Occupation Tax Act in order,to determine whether the fuel 8 contains at least 10% alcohol. 9 Any person who knowingly sells or represents as gasohol 10 any fuel thatwhichdoes not qualify as gasohol under any of 11 the above named Acts is guilty of a business offense and 12 shall be fined not more than $100 for each day that thesuch13 sale or representation takes place after notification from 14 the Department that the fuel in question does not qualify as 15 gasohol. 16 (Source: P.A. 82-702.) 17 (20 ILCS 205/205-355 new) 18 (was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26) 19 Sec. 205-355. Motor fuel alcohol; water test. The 20 Department has the power40.26.to test alcohol to be used as 21 a motor fuel component to ensure thatinsureit contains no 22 more than 1.25% water by weight. 23 (Source: P.A. 82-702.) 24 (20 ILCS 205/205-400 new) 25 (was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20) 26 Sec. 205-400. Transfer of realty; acquisition of federal 27 lands. The Department has the power40.20.to transfer 28 jurisdiction of any realty under the control of the 29 Department to any other department of the State government,30 or to acquire or accept federal lands,when thesuch31 transfer, acquisition, or acceptance is advantageous to the 32 State and is approved in writing by the Governor. HB0236 Enrolled -74- LRB9100031DJcdA 1 (Source: Laws 1967, p. 4087.) 2 (20 ILCS 205/205-405 new) 3 (was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22) 4 Sec. 205-405. State Fairgrounds property. The Department 5 has the power40.22.to be the custodian of buildings, 6 structures, and property located on the State Fairgrounds,7 and to maintain those buildings and structures and that 8 propertythe same. 9 (Source: P.A. 81-853.) 10 (20 ILCS 205/205-410 new) 11 (was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23) 12 Sec. 205-410. Surety bonds; trust funds and accounts; 13 bank accounts. 14 (a) In this Section: 15 "Claimant" means a person who is unable to secure 16 satisfaction of financial obligations due from a person 17 subject to regulation by the Department, in accordance with 18 the applicable statute or regulation and the time limits 19 provided for in that statute or regulation, if any, under any 20 of the following Acts: 21 (1) The Illinois Egg and Egg Products Act. 22 (2) The Personal Property Storage Act. 23 (3) The Livestock Auction Market Law. 24 (4) The Illinois Pesticide Act. 25 (5) The Weights and Measures Act. 26 (6) The Illinois Livestock Dealer Licensing Act. 27 (7) The Slaughter Livestock Buyers Act. 28 (8) The Illinois Feeder Swine Dealer Licensing Act. 29 "Failure" under the Acts cited in the definition of 30 "claimant" contained in this Section means any of the 31 following: 32 (1) An inability to financially satisfy claimants HB0236 Enrolled -75- LRB9100031DJcdA 1 in accordance with the applicable statute or regulation 2 and the time limits provided for in that statute or 3 regulation, if any. 4 (2) A public declaration of insolvency. 5 (3) A revocation of a license and the leaving of an 6 outstanding indebtedness to claimants. 7 (4) A failure to pay claimants in the ordinary 8 course of business and when a bonafide dispute does not 9 exist between the licensee and the customer. 10 (5) A failure to apply for renewal of a license. 11 (6) A denial of a request for renewal of a license. 12 (7) A voluntary surrendering of a license. 13 (b) The Department has the power40.23.to control 14 surety bonds and trust funds and to establish trust accounts 15 and bank accounts in adequately protected financial 16 institutions, to hold monies received by the Director of 17 Agriculture when acting as trustee, to protect the assets of 18 licensees for the benefit of claimants, to accept security 19 from licensees to collateralize licensees' financial 20 deficiencies (and thatsuchsecurity shall be secondary to 21 surety bonds in the collection process), to accept collateral 22 and security in lieu of or in addition to a commercial surety 23 bond, and to collect and disburse the proceeds of thosesuch24 bonds and trust funds when acting as trustee on behalf of 25 claimants without responsibility for the management and 26 operation of discontinued or insolvent businesses, thosesuch27funds, or additions to those fundstheretoin which the 28 State of Illinois has no right, title, or interest. 29 (c) The Department shall promulgate and file procedural 30 rules and regulations to be followed concerning the 31 establishment and segregation of trust accounts and bank 32 accounts and the holding of administrative hearings to 33 identify and verify claimants and claim amounts, to claim and 34 collect the proceeds of surety bonds and other assets, and to HB0236 Enrolled -76- LRB9100031DJcdA 1 distribute monies in trust funds and bank accounts to 2 claimants. The trustee shall maintain and retain records and 3 make available for audit or review by any person, firm, 4 corporation, or government entity thesuchtrust accounts and 5 bank accounts, check registers, cancelled claimants' checks, 6 and records accumulated and used by the Department to 7 ascertain the claimants and claims against surety bonds or 8 trust funds. 9Definitions of terms as used in this Section:10"Claimant" means a person who is unable to secure11satisfaction of financial obligations due from a person12subject to regulation by the Department, in accordance with13applicable statute or regulation and the time limits provided14for therein, if any, under any of the following Acts:15(a) Illinois Egg and Egg Products Act;16(b) Personal Property Storage Act;17(c) (Blank);18(d) Livestock Auction Market Law;19(e) Illinois Pesticide Act;20(f) Weights and Measures Act;21(g) Illinois Livestock Dealer Licensing Act;22(h) Slaughter Livestock Buyers Act;23(i) (Blank); or24(j) Illinois Feeder Swine Dealer Licensing Act.25"Failure" under the Acts cited in the definition of26"claimant" contained in this Section means:27(a) An inability to financially satisfy claimants in28accordance with applicable statute or regulation and the time29limits provided for therein, if any;30(b) A public declaration of insolvency;31(c) A revocation of license and leaving outstanding32indebtedness to claimants;33(d) A failure to pay claimants in the ordinary course of34business and where a bonafide dispute does not exist betweenHB0236 Enrolled -77- LRB9100031DJcdA 1and customer;2(e) A failure to apply for license renewal;3(f) A denial of license renewal; or4(g) A voluntary surrendering of a license.5 (d) The Department may use monies in the trust accounts 6 that are established to hold monies received in trust for 7 disbursement to claimants for the benefit of claimants and 8 for paying expenses incurred in pursuing thosesuchassets. 9 (Source: P.A. 89-287, eff. 1-1-96.) 10 (20 ILCS 205/205-415 new) 11 (was 20 ILCS 205/40.42) 12 Sec. 205-415.40.42.State Cooperative Extension Service 13 Trust Fund. The Departmentof Agricultureshall deposit into 14 the State Cooperative Extension Service Trust Fund, a trust 15 fund created outside the State treasury and held by the State 16 Treasurer as custodian, all funds appropriated to the 17 Department as matching funds and for the purpose of general 18 support for cooperative extension programs as provided in the 19 County Cooperative Extension Law. At the direction of the 20 Treasurer of the University of Illinois, the Director of 21 Agriculture shall direct the State Treasurer and the State 22 Comptroller to transfer the trust funds to the University of 23 Illinois as provided under subsection (d) of Section 88(d)24 of the County Cooperative Extension Law. The Department 25 shall not have responsibility for or control over the 26 cooperative extension service or its programs because of this 27 trust fund. 28 (Source: P.A. 89-691, eff. 12-31-96; 90-591, eff. 7-1-98.) 29 (20 ILCS 205/205-420 new) 30 (was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15) 31 Sec. 205-420. Appropriations for county fairs and 32 farmers' institutes. The Department has the power40.15.to HB0236 Enrolled -78- LRB9100031DJcdA 1 investigate and ascertain that moneys appropriated for county 2 fairs and farmers' institutes are faithfully applied to the 3 purposes authorized by law. 4 (Source: Laws 1967, p. 4087.) 5 (20 ILCS 205/205-425 new) 6 (was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37) 7 Sec. 205-425. Criminal history record information from 8 Department of State Police.40.37.Whenever the Departmentof9Agricultureis authorized or required by law to consider some 10 aspect of criminal history record information for the purpose 11 of carrying out its statutory powers and responsibilities, 12 then, upon request and payment of fees in conformance with 13 the requirements ofsubsection 22 ofSection 2605-40055aof 14"the Department of State Police Law (20 ILCS 2605/2605-400) 15Civil Administrative Code of Illinois", the Department of 16 State Police is authorized to furnish, pursuant to positive 17 identification, thesuchinformation contained in State files 18 thatasis necessary to fulfill the request. 19 (Source: P.A. 86-610.) 20 (20 ILCS 205/205-430 new) 21 (was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34) 22 Sec. 205-430. Cooperation with U.S. Department of 23 Agriculture. The Department has the power40.34.to cooperate 24 with and enter into agreements with the United States 25 Department of Agriculture and with others in carrying out the 26 powers and duties vested in the Department and to adopt 27 guidelines, by reference, issued by federal agencies in 28 carrying out its powers and duties. 29 (Source: P.A. 84-295.) 30 (5 ILCS 620/Art. 250 heading new) 31 ARTICLE 250. STATE FAIR GROUNDS HB0236 Enrolled -79- LRB9100031DJcdA 1 (5 ILCS 620/250-1 new) 2 Sec. 250-1. Article short title. This Article 250 of the 3 Civil Administrative Code of Illinois may be cited as the 4 State Fair Grounds Title Law. 5 (5 ILCS 620/250-5 new) 6 (was 5 ILCS 620/42) (from Ch. 127, par. 42) 7 Sec. 250-5. Title to State fair grounds.42.The people 8 of the State of Illinois shall succeed to all the right, 9 title, and interest of the Illinois Department of Agriculture 10 in and to the State fair grounds,and to all lands, 11 buildings, money, unexpended appropriations, or other 12 property connected therewith. 13 (Source: P.A. 90-192, eff. 7-24-97.) 14 (20 ILCS 310/Art. 310 heading new) 15 ARTICLE 310. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO 16 DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE 17 (20 ILCS 310/310-1 new) 18 Sec. 310-1. Article short title. This Article 310 of 19 the Civil Administrative Code of Illinois may be cited as the 20 Department of Human Services (Alcoholism and Substance Abuse) 21 Law. 22 (20 ILCS 310/310-5 new) 23 (was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29) 24 Sec. 310-5. Powers under certain Acts.9.29.The 25 Department of Human Services, as successor to the Department 26 of Alcoholism and Substance Abuse, shall exercise, 27 administer, and enforce all rights, powers, and duties 28 formerly vested in the Department of Mental Health and 29 Developmental Disabilities by the following named Acts or 30 Sections of those Acts as they pertain to the provision of HB0236 Enrolled -80- LRB9100031DJcdA 1 alcoholism servicesserviceand the Dangerous Drugs 2 Commissionby the following named Acts or Sections thereof: 3 (1)1.The"Cannabis Control Act", approved August416, 1971, as amended. 5 (2)2.The"Illinois Controlled Substances Act",6approved August 16, 1971, as amended. 7 (3)3.The"Community Mental Health Act", approved8June 26, 1963, as amended. 9 (4)4.The"Community Services Act", approved10August 13, 1981, as amended. 11 (Source: P.A. 89-507, eff. 7-1-97.) 12 (20 ILCS 405/Art. 405 heading new) 13 ARTICLE 405. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES 14 (20 ILCS 405/405-1 new) 15 Sec. 405-1. Article short title. This Article 405 of 16 the Civil Administrative Code of Illinois may be cited as the 17 Department of Central Management Services Law. 18 (20 ILCS 405/405-5 new) 19 (was 20 ILCS 405/405.2) (from Ch. 127, par. 35.2) 20 Sec. 405-5. Definitions. 21 (a) In this Law35.2. As used in sections 35.3 through2235.9 of this Act: 23(a)"Department" means the Department of Central 24 Management Services. 25(b)"Director" means the Director of Central Management 26 Services. 27 (b) In paragraphs (1) and (2) of Section 405-10 and in 28 Section 405-15,(c)"State agency", whether used in the 29 singular or plural, means all departments, officers, 30 commissions, boards, institutions, and bodies politic and 31 corporate of the State, including the offices of clerk of the HB0236 Enrolled -81- LRB9100031DJcdA 1 supreme court and clerks of the appellate courts. The term 2 does; except, it shallnot mean the several courts of the 3 State, nor does it mean the legislature or,its committees or 4 commissions. 5 (Source: P.A. 82-789.) 6 (20 ILCS 405/405-10 new) 7 (was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3) 8 Sec. 405-10. Director's duties; State policy.35.3.It 9 shall be the duty of the Director and the policy of the State 10 of Illinois to do the following: 11 (1)(a)Place financial responsibility on State 12 agencies (as defined in subsection (b) of Section 405-5) 13 andtohold them accountable for the proper discharge of 14 this responsibility. 15 (2)(b)Require professional, accurate, and current 16 accounting with the State agencies (as defined in 17 subsection (b) of Section 405-5). 18 (3)(c)Decentralize fiscal, procedural, and 19 administrative operations to expedite the business of the 20 State and to avoid expense, unwieldiness, inefficiency, 21 and unnecessary duplication where decentralization is 22 consistent with proper fiscal management. 23 (4)(d)Manage or delegate the management of the 24 procurement, retention, installation, maintenance, and 25 operation of all electronic data processing equipment 26 used by State agencies as defined in Section 405-2035.727of this Act, so as to achieve maximum economy consistent 28 with development of adequate and timely information in a 29 form suitable for management analysis, in a manner that 30 provides for adequate security protection and back-up 31 facilities for thatsuchequipment, the establishment of 32 bonding requirements, and a code of conduct for all 33 electronic data processing personnel to ensureinsurethe HB0236 Enrolled -82- LRB9100031DJcdA 1 privacy of electronic data processing information as 2 provided by law. 3 (Source: P.A. 80-57.) 4 (20 ILCS 405/405-15 new) 5 (was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4) 6 Sec. 405-15. Audits.35.4.The Department, when so 7 requested by the Governor or the chief executive officer of a 8 State agency, may perform internal audits, and procedural 9 audits and in performing these responsibilities, the 10 Department may examine the accounts of any organization, body 11 , or agency receiving appropriations from the General 12 Assembly, including all grantees and sub-grantees of grantor 13 State agencies included within the scope of the audit. For 14 purposes of this Section, "State agency" is defined as in 15 subsection (b) of Section 405-5. 16 (Source: P.A. 87-817.) 17 (20 ILCS 405/405-20 new) 18 (was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7) 19 Sec. 405-20. Fiscal policy information to Governor; 20 statistical research planning.35.7.21 (a) The Department shall be responsible for providing 22 the Governor with timely, comprehensive, and meaningful 23 information pertinent to the formulation and execution of 24 fiscal policy. In performing this responsibility the 25 Department shall have the power and duty to do the following: 26 (1)(a)Control the procurement, retention, 27 installation, maintenance, and operation, as specified by 28 the Director, of electronic data processing equipment 29 used by State agencies in such a manner as to achieve 30 maximum economy and provide adequate assistance in the 31 development of information suitable for management 32 analysis.;HB0236 Enrolled -83- LRB9100031DJcdA 1 (2)(b)Establish principles and standards of 2 statistical reporting by State agencies and priorities 3 for completion of research by thosesuchagencies in 4 accordance with the requirements for management analysis 5 as specified by the Director.;6 (3)(c)Establish, through the Director, charges 7 for statistical services requested by State agencies and 8 rendered by the Departmentof Central Management Services9. TheSuchState agencies so charged shall reimburse the 10 Departmentof Central Management Servicesby vouchers 11 drawn against their respective appropriations for 12 electronic data processing. The Department is likewise 13 empowered through the Director to establish prices or 14 charges for all statistical reports purchased by agencies 15 and individuals not connected with State government.;16 (4)(d)Instruct all State agencies as the Director 17 may require to report regularly to the Department, in the 18suchmannerasthe Director may prescribe,:their usage 19 of electronic information devices, the cost incurred, the 20 information produced, and the procedures followed in 21 obtaining thesaidinformation. All Statesuchagencies 22 shall request of the Directorof Central Management23Servicesany statistical services requiring the use of 24 electronic devices and shall conform to the priorities 25 assigned by the Director in using thosesuchelectronic 26 devices.;27 (5)(e)Examine the accounts and statistical data 28 of any organization, body, or agency receiving 29 appropriations from the General Assembly.;30 (6)(f)Install and operate a modern information 31 system utilizing equipment adequate to satisfy the 32 requirements for analysis and review as specified by the 33 Director. Expenditures for statistical services rendered 34 shall be reimbursed by the recipients. TheSuchHB0236 Enrolled -84- LRB9100031DJcdA 1 reimbursement shall be determined by the Directorof2Central Management Servicesas amounts sufficient to 3 reimburse the Statistical Services Revolving Fund for 4 expenditures incurred in rendering thesuchservices. 5 (b) In addition to the other powers and duties listed in 6 this Section, the Department shall analyze the present and 7 future aims, needs, and requirements of statistical research 8 and planning in order,to provide for the formulation of 9 overall policy relative to the use of electronic data 10 processing equipment by the State of Illinois. In making this 11 analysis, the Department under the Director shall formulate a 12 master plan for statistical research, utilizing electronic 13 equipment most advantageously, and advising whether 14 electronic data processing equipment should be leased or 15 purchased by the State. The Department under the Director 16 shall prepare and submit interim reports of meaningful 17 developments and proposals for legislation to the Governor on 18 or before January 30 each year. The Department under the 19 Director shall engage in a continuing analysis and evaluation 20 of the master plan so developed, and it shall be the 21 responsibility of the Department to recommend from time to 22 time any needed amendments and modifications of any master 23 plan enacted by the General Assembly. 24 (c) For the purposes of this Section, Section 405-245, 25 and paragraph (4) of Section 405-10 only, "State agencies" 26 means all departments, boards, commissions, and agencies of 27 the State of Illinois subject to the Governor. 28 (Source: P.A. 82-789.) 29 (20 ILCS 405/405-25 new) 30 (was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34) 31 Sec. 405-25. Moneys made available by public or private 32 entities.67.34.The Department may apply for, receive, 33 expend, allocate, or disburse funds and moneys made available HB0236 Enrolled -85- LRB9100031DJcdA 1 by public or private entities, including, but not limited to, 2 contracts, private or public financial gifts, bequests, 3 grants, or donations from individuals, corporations, 4 foundations, or public or private institutions of higher 5 learning. All funds received by the Department from these 6 sources shall be deposited into the State treasury into a 7 State trust fund to be held by the State Treasurer as ex 8 officio custodian and subject to the Comptroller -- 9 Treasurer, voucher -- warrant system. The funds shall be 10 expended by the Department for purposes as indicated by the 11 grantor, donor, or, in the case of funds or moneys given or 12 donated for no specific purpose, for any purpose deemed 13 appropriate by the Director in administering the 14 responsibilities of the agency as set forth in the Personnel 15 Code. 16 (Source: P.A. 87-888.) 17 (20 ILCS 405/405-30 new) 18 (was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20) 19 Sec. 405-30. Administrative Procedure Act applies. 2067.20.The provisions of"the Illinois Administrative 21 Procedure Act", as now or hereafter amended,are hereby 22 expressly adopted and incorporated herein as though a part of 23 this LawAct, and shall apply to all administrative rules and 24 procedures of the Departmentof Central Management Services. 25 (Source: P.A. 82-789.) 26 (20 ILCS 405/405-100 new) 27 (was 20 ILCS 405/64) (from Ch. 127, par. 63b3) 28 Sec. 405-100. Administration of the Personnel Code.64.29 The Departmentof Central Management Servicesshall have 30 power to administer the"Personnel Code" enacted by the 69th31General Assembly. 32 (Source: P.A. 82-789.) HB0236 Enrolled -86- LRB9100031DJcdA 1 (20 ILCS 405/405-105 new) 2 (was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4) 3 Sec. 405-105. Fidelity, surety, property, and casualty 4 insurance.64.1.The Departmentof Central Management5Servicesshall establish and implement a program to 6 coordinate the handling of all fidelity, surety, property, 7 and casualty insurance exposures,of the State and the 8 departments, divisions, agencies, branches, and universities 9 of the State. In performing this responsibility, the 10 Department shall have the power and duty to do the following: 11 (1)(a)Develop and maintain loss and exposure data on 12 all State property. 13 (2)(b)Study the feasibility of establishing a 14 self-insurance plan for State property and prepare estimates 15 of the costs of reinsurance for risks beyond the realistic 16 limits of the self-insurance. 17 (3)(c)Prepare a plan for centralizing the purchase of 18 property and casualty insurance on State property under a 19 master policy or policies,andtopurchase the insurance 20 contracted for as provided in the Illinois Purchasing Act. 21 (4)(d)Evaluate existing provisions for fidelity bonds 22 required of State employees and recommendsuchchanges that 23asare appropriate commensurate with risk experience and the 24 determinations respecting self-insurance or reinsurance so as 25 to permit reduction of costs without loss of coverage. 26 (5)(e)Investigate procedures for inclusion of school 27 districts, public communityjuniorcollege districts, and 28 other units of local government in programs for the 29 centralized purchase of insurance. 30 (6)(f)Implementsuchrecommendations of the State 31 Property Insurance Study Commission thatasthe Department 32 finds necessary or desirable in the performance of its powers 33 and duties under this Section to achieve efficient and 34 comprehensive risk management. HB0236 Enrolled -87- LRB9100031DJcdA 1 (7)(g)Prepare and, in the discretion of the Director 2of Central Management Services, implement a plan providing 3 for the purchase of public liability insurance or for 4 self-insurance for public liability or for a combination of 5 purchased insurance and self-insurance for public liability 6 (i)(1)covering the State and drivers of motor vehicles 7 owned, leased, or controlled by the State of Illinois 8 pursuant to the provisions and limitations contained in the 9 Illinois Vehicle Code, (ii)(2)covering other public 10 liability exposures of the State and its employees within the 11 scope of their employment, and (iii)(3)covering drivers of 12 motor vehicles not owned, leased, or controlled by the State 13 but used by a State employee on State business, in excess of 14 liability covered by an insurance policy obtained by the 15 owner of the motor vehicle or in excess of thesuchdollar 16 amounts thatasthe Department shall determine to be 17 reasonable. Any contract of insurance let under this LawAct18shall be by bid in accordance with the procedure set forth 19 in the Illinois Purchasing Act. Any provisions for 20 self-insurance shall conform to subdivision (11)subsection21(k). 22 The term "employee" as used in this subdivision (7) and 23 in subdivision (11)subsections (g) and (k)means a person 24 while in the employ of the State who is a member of the staff 25 or personnel of a State agency, bureau, board, commission, 26 committee, department, university, or college or who is a 27 State officer, elected official, commissioner, member of or 28 ex officio member of a State agency, bureau, board, 29 commission, committee, department, university, or college, or 30 a member of the National Guard while on active duty pursuant 31 to orders of the Governor of the State of Illinois, or any 32 other person while using a licensed motor vehicle owned, 33 leased, or controlled by the State of Illinois with the 34 authorization of the State of Illinois, provided the actual HB0236 Enrolled -88- LRB9100031DJcdA 1 use of the motor vehiclethereofis within the scope of that 2suchauthorization and within the course of State service. 3 Subsequent to payment of a claim on behalf of an employee 4 pursuant to this Section and after reasonable advance written 5 notice to the employee, the Director may exclude the employee 6 from future coverage or limit thesuchcoverage under the 7 plan if (i)(1)the Director determines that the claim 8 resulted from an incident in which the employee was grossly 9 negligent or had engaged in willful and wanton misconduct;or 10 (ii)(2)the Director determines that the employee is no 11 longer an acceptable risk based on a review of prior 12 accidents in which the employee was at fault and for which 13 payments were made pursuant to this Section. 14 The Director is authorized to promulgatesuch15 administrative rules thatasmay be necessary to establish 16 and administer the plan. 17 Appropriations from the Road Fund shall be used to pay 18 auto liability claims and related expenses involving 19 employees of the Department of Transportation, the Illinois 20 State Police, and the Secretary of State. 21 (8)(h)Charge, collect, and receive from all other 22 agencies of the State government fees or monies equivalent to 23 the cost of purchasing the insurance. 24 (9)(i) (1)Establish, through the Director, charges for 25 risk management services rendered to State agencies by the 26 Departmentof Central Management Services. The State agencies 27 so charged shall reimburse the Departmentof Central28Management Servicesby vouchers drawn against their 29 respective appropriations. The reimbursement shall be 30 determined by the Directorof Central Management Servicesas 31 amounts sufficient to reimburse the Department for 32 expenditures incurred in rendering the service. 33(2)The Departmentof Central Management Servicesshall 34 charge the employing State agency or university for workers' HB0236 Enrolled -89- LRB9100031DJcdA 1 compensation payments for temporary total disability paid to 2 any employee after the employee has received temporary total 3 disability payments for 120 days if the employee's treating 4 physician has issued a release to return to work with 5 restrictions and the employee is able to perform modified 6 duty work but the employing State agency or university does 7 not return the employee to work at modified duty. Modified 8 duty shall be duties assigned that may or may not be 9 delineated as part of the duties regularly performed by the 10 employee. Modified duties shall be assigned within the 11 prescribed restrictions established by the treating physician 12 and the physician who performed the independent medical 13 examination. The amount of all reimbursements shall be 14 deposited into the Workers' Compensation Revolving Fund which 15 is hereby created as a special fund in the State treasury. 16 Moneys in the Fund shall be used, subject to appropriation, 17 to pay these or other temporary total disability claims of 18 employees of State agencies and universities. 19(3)Beginning with fiscal year 1996, all amounts 20 recovered by the Department through subrogation in workers' 21 compensation and workers' occupational disease cases shall be 22 deposited into the Workers' Compensation Revolving Fund 23 created under this subdivision (9)(i)(2). 24 (10)(j)Establish rules, procedures, and forms to be 25 used by State agencies in the administration and payment of 26 workers' compensation claims. The Department shall initially 27 evaluate and determine the compensability of any injury that 28whichis the subject of a workers' compensation claim and 29 provide for the administration and payment of such a claim 30 for all State agencies. The Director may delegate to any 31 agency with the agreement of the agency head the 32 responsibility for evaluation, administration, and payment of 33 that agency's claims. 34 (11)(k)Any plan for public liability self-insurance HB0236 Enrolled -90- LRB9100031DJcdA 1 implemented under this Section shall provide that (i)(1)the 2 Departmentof Central Management Servicesshall attempt to 3 settle and may settle any public liability claim filed 4 against the State of Illinois or any public liability claim 5 filed against a State employee on the basis of an occurrence 6 in the course of the employee'shisState employment; (ii) 7(2)any settlement of such a claim must be approved by the 8 Directorof Central Management Servicesand, in cases of 9 settlements exceeding $100,000, by the Governor; and (iii) 10(3)a settlement of any public liability claim against the 11 State or a State employee shall require an unqualified 12 release of any right of action against the State and the 13 employee for acts within the scope of the employee's 14 employment giving rise to the claim. 15 Whenever and to the extent that a State employee operates 16 a motor vehicle or engages in other activity covered by 17 self-insurance under this Section, the State of Illinois 18 shall defend, indemnify, and hold harmless the employee 19 against any claim in tort filed against the employee for acts 20 or omissions within the scope of the employee'shis21 employment in any proper judicial forum and not settled 22 pursuant to this subdivision (11)subsection, provided that 23 this obligation of the State of Illinois shall not exceed a 24 maximum liability of $2,000,000 for any single occurrence in 25 connection with the operation of a motor vehicle or $100,000 26 per person per occurrence for any other single occurrence, or 27 $500,000 for any single occurrence in connection with the 28 provision of medical care by a licensed physician employee. 29 Any claims against the State of Illinois under a 30 self-insurance plan thatwhichare not settled pursuant to 31 this subdivision (11)subsectionshall be heard and 32 determined by the Court of Claims,and may not be filed or 33 adjudicated in any other forum. The Attorney General of the 34 State of Illinois or the Attorney General'shisdesignee HB0236 Enrolled -91- LRB9100031DJcdA 1 shall be the attorney with respect to all public liability 2 self-insurance claims thatwhichare not settled pursuant to 3 this subdivision (11)subsectionand therefore result in 4 litigation. The payment of any award of the Court of Claims 5 entered against the State relating to any public liability 6 self-insurance claim shall act as a release against any State 7 employee involved in the occurrence. 8 (12)(l)Administer a plan the purpose of which is to 9 make payments on final settlements or final judgments in 10 accordance with the State Employee Indemnification Act. The 11 plan shall be funded through appropriations from the General 12 Revenue Fund specifically designated for that purpose, except 13 that indemnification expenses for employees of the Department 14 of Transportation, the Illinois State Police, and the 15 Secretary of State shall be paid from the Road Fund. The 16 term "employee" as used in this subdivision (12) has 17subsection shall havethe same meaning as under subsection 18 (b) of Section 1 of the State Employee Indemnification Act. 19 Subject to sufficient appropriation, the Directorof Central20Management Servicesshall approve payment of any claim 21 presented to the Directorhimthat is supported by a final 22 settlement or final judgment when the Attorney General and 23 the chief officer of the public body against whose employee 24 the claim or cause of action is asserted certify to the 25 Directorhimthat the claim is in accordance with the State 26 Employee Indemnification Act,and that they approve of the 27 payment. In no event shall an amount in excess of $150,000 28 be paid from this plan to or for the benefit of any claimant. 29 (13)(m)Administer a plan the purpose of which is to 30 make payments on final settlements or final judgments for 31 employee wage claims in situations where there was an 32 appropriation relevant to the wage claim,andthe fiscal year 33 and lapse period have expired, andthatsufficient funds were 34 available to pay thesuchclaim. The plan shall be funded HB0236 Enrolled -92- LRB9100031DJcdA 1 through appropriations from the General Revenue Fund 2 specifically designated for that purpose. 3 Subject to sufficient appropriation, the Directorof4Central Management Servicesis authorized to pay any wage 5 claim presented to the Directorhimthat is supported by a 6 final settlement or final judgment when the chief officer of 7 the State agency employing the claimant certifies to the 8 Directorhimthat the claim is a valid wage claim and that 9 the fiscal year and lapse period have expired. Payment for 10 claims that are properly submitted and certified as valid by 11 the Directorof Central Management Servicesshall include 12 interest accrued at the rate of 7% per annum from the 13 forty-fifth day after the claims are received by the 14 Departmentof Central Management Servicesor 45 days from the 15 date on which the amount of payment is agreed upon, whichever 16 is later, until the date the claims are submitted to the 17 Comptroller for payment. When the Attorney General has filed 18 an appearance in any proceeding concerning a wage claim 19 settlement or judgment, the Attorney General shall certify to 20 the Directorof Central Management Servicesthat the wage 21 claim is valid before any payment is made. In no event shall 22 an amount in excess of $150,000 be paid from this plan to or 23 for the benefit of any claimant. 24 Nothing in Public Act 84-961this Amendatory Act of 198525 shall be construed to affect in any manner the jurisdiction 26 of the Court of Claims concerning wage claims made against 27 the State of Illinois. 28 (14)(n)Prepare and, in the discretion of the Director 29of Central Management Services, implement a program for 30 self-insurance for official fidelity and surety bonds for 31 officers and employees as authorized by the Official Bond 32 Act. 33 (Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95; 34 89-626, eff. 8-9-96.) HB0236 Enrolled -93- LRB9100031DJcdA 1 (20 ILCS 405/405-110 new) 2 (was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5) 3 Sec. 405-110. Federal tax-exempt benefits in lieu of 4 salary or wages.64.2.5 (a) The Departmentof Central Management Servicesmay, at 6 the Director's discretion, establish and implement or approve 7 plans whereby State employees and officers, including those 8 of State universities and colleges, may enter into agreements 9 with their employer to elect to receive, in lieu of salary or 10 wages, benefits thatwhichare not taxable under the federal 11 Internal Revenue Code. TheseSuchagreements may include the 12 acceptance of a reduction in earnings or the foregoing of an 13 increase in earnings by an employee and the employer's 14 payment of thosesuchamounts as employer contributions for 15 benefits thatwhichthe employee selects from a list of 16 employee benefits offered by the employer. 17 (b) Prior to the establishment of such a plan, the 18 Director shall seek the advice of interested State agencies 19 regarding the content and implementation of the plan. 20 (c) Selection of plan offerings shall not be subject to 21 the Illinois Purchasing Act. 22 (d) Benefits selected by employees shall be included in 23 gross income for determination of pension base. 24 (Source: P.A. 84-167.) 25 (20 ILCS 405/405-115 new) 26 (was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6) 27 Sec. 405-115. State agency employees child care 28 services.64.3.The Departmentof Central Management29Servicesshall administer the"State Agency Employees Child 30 Care Services Act", enacted by the 84th General Assembly. 31 (Source: P.A. 84-1308.) 32 (20 ILCS 405/405-120 new) HB0236 Enrolled -94- LRB9100031DJcdA 1 (was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29) 2 Sec. 405-120. Hispanic and bilingual employees.67.29.3 The Department shall develop and implement plans to increase 4 the number of Hispanics employed by State government and the 5 number of bilingual persons employed in State government at 6 supervisory, technical, professional, and managerial levels. 7 (Source: P.A. 85-301.) 8 (20 ILCS 405/405-125 new) 9 (was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31) 10 Sec. 405-125. State agency affirmative action and equal 11 employment opportunity goals.67.31.The Department shall 12 assist State agencies required to establish preparation and 13 promotion training programs under subsection (H) of Section 14 7-105 of the Illinois Human Rights Act for failure to meet 15 their affirmative action and equal employment opportunity 16 goals. The Department shall survey State agencies to 17 identify effective existing training programs and shall serve 18 as a resource to other State agencies. The Department shall 19 assist agencies in the development and modification of 20 training programs to enable them to meet their affirmative 21 action and equal employment opportunity goals and shall 22 provide information regarding other existing training and 23 educational resources, such as the Upward Mobility Program, 24 the Illinois Institute for Training and Development, and the 25 Central Management Services Training Center. 26 (Source: P.A. 86-1411; 86-1475.) 27 (20 ILCS 405/405-130 new) 28 (was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28) 29 Sec. 405-130. State employees and retirees suggestion 30 award program.67.28.31 (a) The Department shall assist in the implementation of 32 a State Employees and Retirees Suggestion Award Program, to HB0236 Enrolled -95- LRB9100031DJcdA 1 be administered by the Board created in subsection (b). The 2 program shall encourage and reward improvements in the 3 operation of State government thatwhichresult in 4 substantial monetary savings. Any State employee, including 5 management personnel as defined by the Department, any 6 annuitant under Article 14 of the Illinois Pension Code and 7 any annuitant under Article 15 of that Code who receives a 8 retirement or disability retirement annuity, but not 9 including elected officials and departmental directors, may 10 submit a cost-saving suggestion to the Board, which shall 11 direct the suggestion to the appropriate department or agency 12 without disclosing the identity of the suggester. A 13 suggester may make a suggestion or include documentation on 14 matters a department or agency considers confidential, except 15 where prohibited by federal or State law; and no disciplinary 16 or other negative action may be taken against the suggester 17 unless there is a violation of federal or State law. 18 Suggestions, including documentation, upon receipt, shall 19 be given confidential treatment and shall not be subject to 20 subpoena ornorbe made public until the agency affected by 21 it has had the opportunity to request continued 22 confidentiality. The agency, if it requests continued 23 confidentiality, shall attest that disclosure would violate 24 federal or State law or rules and regulations pursuant to 25 federal or State lawtheretoor is a matter covered under 26 Section 7 of the Freedom of Information Act. The Board shall 27 make its decision on continued confidentiality and, if it so 28 classifies the suggestion, shall notify the suggester and 29 agency. A suggestion classified "continued confidential" 30 shall nevertheless be evaluated and considered for award. A 31 suggestion thatwhichthe Board finds or the suggester states 32 or implies constitutes a disclosure of information thatwhich33the suggester reasonably believes evidences (1) a violation 34 of any law, rule, or regulation or (2) mismanagement, a gross HB0236 Enrolled -96- LRB9100031DJcdA 1 waste of funds, an abuse of authority, or a substantial and 2 specific danger to public health or safety may be referred to 3 the appropriate investigatory or law enforcement agency for 4 consideration for investigation and action. The identity of 5 the suggester may not be disclosed without the consent of the 6 suggester during any investigation of the information and any 7 related matters. Such a suggestion shall also be evaluated 8 and an award made when appropriate. That portion of Board 9 meetings that involves the consideration of suggestions 10 classified "continued confidential" or being considered for 11 thatsuchclassification shall be closed meetings. 12 The Board may at its discretion make awards for those 13 suggestions certified by agency or department heads as 14 resulting in savings to the State of Illinois. Management 15 personnel shall be recognized for their suggestions as the 16 Board considers appropriate,but shall not receive any 17 monetary award. Annuitants and employees, other than 18 employees who are management personnel, shall receive awards 19 in accordance with the schedule below. Each award to 20 employees other than management personnel and awards to 21 annuitants shall be paid in one lump sum by the Board created 22 in subsection (b). A monetary award may be increased by 23 appropriation of the General Assembly. 24 The amount of each award to employees other than 25 management personnel and the award to annuitants shall be 26 determined as follows: 27 $1.00 to $5,000 savings..................... an amount not 28 to exceed 29 $500.00 or a 30 certificate 31 of merit, or 32 both, as 33 determined 34 by the Board HB0236 Enrolled -97- LRB9100031DJcdA 1 more than $5,000 up to $20,000 savings...... $500 award 2 more than $20,000 up to $100,000 savings.... $1,000 award 3 more than $100,000 up to $200,000 savings... $2,000 award 4 more than $200,000 up to $300,000 savings... $3,000 award 5 more than $300,000 up to $400,000 savings... $4,000 award 6 more than $400,000.......................... $5,000 award 7 (b) There is created a State Employees and Retirees 8 Suggestion Award Board to administer the program described in 9 subsection (a). The Board shall consist of 8 members 10 appointed 2 each by the President of the Senate, theand11 Minority Leader of the Senate, the Speaker of the House of 12 Representatives, and the Minority Leader of the House of 13 Representatives and, as ex-officio, non-voting members, the 14 directors of the Bureau of the Budget and the Departmentof15Central Management Services. Each appointing authority shall 16 designate one initial appointee to serve one year and one 17 initial appointee to serve 2 years; subsequent terms shall be 18 2 years. Any vacancies shall be filled for the unexpired 19 term by the original appointing authority and any member may 20 be reappointed. Board members shall serve without 21 compensation but may be reimbursed for expenses incurred in 22 the performance of their duties. The Board shall annually 23 elect a chairman from among its number, shall meet monthly or 24 more frequently at the call of the chairman, and shall 25 establish necessary procedures, guidelines, and criteria for 26 the administration of the program. The Board shall annually 27 report to the General Assembly by January 1 on the operation 28 of the program, including the nature and cost-savings of 29 implemented suggestions, and any recommendations for 30 legislative changes it deems appropriate. The General 31 Assembly shall make an annual appropriation to the Board for 32 payment of awards and the expenses of the Board, such as, but 33 not limited to: travel of the members, preparation of 34 publicity material, printing of forms and other matter, and HB0236 Enrolled -98- LRB9100031DJcdA 1 contractual expenses. 2 (Source: P.A. 86-1019; 86-1027; 87-1009.) 3 (20 ILCS 405/405-190 new) 4 (was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27) 5 Sec. 405-190. Reduced rates and fares for State employee 6 travel.67.27.To negotiate with vendors to establish reduced 7 rates and fares applicable for transportation and lodging for 8 State employees traveling on official business, and to 9 publish a directory or listing of thosesuchfares and rates. 10 The publication shall be made available to all State agencies 11 in sufficient quantities to maximize utilization of the 12 reduced rates and fares. 13 (Source: P.A. 84-346.) 14 (20 ILCS 405/405-200 new) 15 (was 20 ILCS 405/67) (from Ch. 127, par. 63b13) 16 Sec. 405-200. Department's responsibility, generally. 1767.The Departmentof Central Management Servicesis 18 responsible for certain State properties, acquisitions, and 19 services. In performing this responsibility the Department 20 has the powers and duties set forth in the Sections following 21 this Section (except Sections 405-220, 405-245, 405-250, 22 405-255, and 405-260) and in Sections 405-25, 405-30, 23 405-120, 405-125, and 405-13067.01 through 67.40. 24 (Source: P.A. 86-1411; 86-1475; 87-476; 87-895.) 25 (20 ILCS 405/405-210 new) 26 (was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21) 27 Sec. 405-210. State Property Control Act.67.21.To 28 administer the State Property Control Act. 29 (Source: P.A. 76-2028.) 30 (20 ILCS 405/405-215 new) HB0236 Enrolled -99- LRB9100031DJcdA 1 (was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22) 2 Sec. 405-215. Proper utilization of State property. 367.22.To require proper utilization of State property. 4 (Source: P.A. 76-2028.) 5 (20 ILCS 405/405-220 new) 6 (was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9) 7 Sec. 405-220. Inventorying State property.35.9.The 8 Department shall establish regulations for inventoryingof9 property owned or controlled by the State. 10 (Source: P.A. 82-783.) 11 (20 ILCS 405/405-225 new) 12 (was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9) 13 Sec. 405-225. Office supply stockrooms.67.09.To 14 establish and operate office supply stockrooms where it finds 15 that the office supply needs of more than one agency may be 16 more efficiently or economically served by centralized State 17 distribution and, when thosesuchstockrooms are established, 18 to prescribe the items to be stocked in and the geographical 19 area to be served by the stockrooms. The Department shall 20 purchase stocks of supplies from the Office Supplies 21 Revolving Fund in accordance with the rules and regulations 22 of the Departmentof Central Management Services, be 23 responsible for the receipt, care, and custody of thesuch24 supplies, and keep detailed records thereof. The Department 25 shall bill the State agency receiving materials withdrawn 26 from stock as they are withdrawn. 27 (Source: P.A. 82-789.) 28 (20 ILCS 405/405-230 new) 29 (was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23) 30 Sec. 405-230. Forms Notice Act.67.23.To administer the 31 provisions of the Forms Notice Act. HB0236 Enrolled -100- LRB9100031DJcdA 1 (Source: P.A. 90-655, eff. 7-30-98.) 2 (20 ILCS 405/405-240 new) 3 (was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5) 4 Sec. 405-240. Information concerning the State.67.05.5 To publish, from time to time, for the information of the 6 several departments and of the general public, bulletins of 7 the work of the government; to collect, compile, and 8 disseminate information and literature concerning the 9 industrial, agricultural, and recreational facilities and 10 advantages, the historic and scenic places of interest, and 11 the transportation and highway facilities of Illinois; to 12 encourage and coordinate the efforts of other public and 13 private organizations or groups of citizens to publicize the 14 facilities and attractions of Illinois; and to use or,employ 15 or to contract for the use or employment of whatever 16 advertising medium it may deem necessary to effectuate the 17 purposeshereinprovided in this Section. 18 (Source: Laws 1967, p. 2788.) 19 (20 ILCS 405/405-250 new) 20 (was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a) 21 Sec. 405-250. Statistical services; use of electronic 22 data processing equipment.35.7a.The Department may make 23 statistical services and the use of electronic data 24 processing equipment, including necessary telecommunications 25 lines and equipment, available to local governments, elected 26 State officials, State educational institutions, and all 27 other governmental units of the State requesting them. The 28 Director is empowered to establish prices and charges for the 29 statistical services so furnished and for the use of the 30 electronic data processing equipment and necessary 31 telecommunications lines and equipment. TheSuchprices and 32 charges shall be sufficient to reimburse the cost of HB0236 Enrolled -101- LRB9100031DJcdA 1 furnishing thesuchservices and use of equipment and lines. 2 (Source: P.A. 83-1332.) 3 (20 ILCS 405/405-255 new) 4 (was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8) 5 Sec. 405-255. Division of Management Information.35.8.6 The Department, through its Division of Management 7 Information, may make statistical services and the use of 8 electronic data processing equipment available to local 9 governments, elected State officials, State educational 10 institutions, and all other governmental units of the State 11 requesting them. The Director is empowered to establish 12 prices and charges for the statistical services so furnished 13 and for the use of the electronic data processing equipment. 14 TheSuchprices and charges shall be sufficient to reimburse 15 the cost of furnishing thesuchservices and use of 16 equipment. 17 (Source: Laws 1967, p. 2655.) 18 (20 ILCS 405/405-260 new) 19 (was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c) 20 Sec. 405-260. Standards for management information 21 systems.35.7c.The Department may establish statistical and 22 protocol standards to provide consistency in the operation 23 and use of management information systems. 24 (Source: P.A. 87-817.) 25 (20 ILCS 405/405-265 new) 26 (was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8) 27 Sec. 405-265. Plan to coordinate or centralize 28 communications among State offices.67.08.To develop and 29 implement a comprehensive plan to coordinate or centralize 30 communications among State offices at different locations. 31 The plan shall be updated based on a continuing study of HB0236 Enrolled -102- LRB9100031DJcdA 1 communications problems of State government and shall include 2 but not be limited to telephone, teletypewriter use in 3 computer operations, the use of voice, data, and video 4 communications systems, and any other form of communications 5 system thatwhichmay be applicable. The plan shall take 6 into consideration systems thatwhichmight effect economies, 7 including but not limited to quantity discount services and,8 the use of a common switchboard or Centrex installation for 9 State agencies for cities, regions of the State, or the 10 entire State, and may include provision of telecommunications 11 service to local and federal government entities located 12 within this State if State interests can be served by so 13 doing. 14 (Source: P.A. 84-961.) 15 (20 ILCS 405/405-270 new) 16 (was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18) 17 Sec. 405-270. Telecommunications services.67.18.To 18 provide for and co-ordinate telecommunications services for 19 State agencies and, when requested and when in the best 20 interests of the State, for units of federal or local 21 governments,and public and not-for-profit institutions of 22 primary, secondary, and higher education. The Department may 23 make use of its satellite uplink available to interested 24 parties not associated with State government provided that 25 State government usage shall have first priority. For this 26 purpose the Department shall have the power and duty to do 27 all of the following: 28 (1)(a)Provide for and control the procurement, 29 retention, installation, and maintenance of 30 telecommunications equipment or services used by State 31 agencies in the interest of efficiency and economy.;32 (2)(b)Establish standards by January 1, 1989 for 33 communications services for State agencies which shall HB0236 Enrolled -103- LRB9100031DJcdA 1 include a minimum of one telecommunication device for the 2 deaf installed and operational within each State agency, 3 to provide public access to agency information for those 4 persons who are hearing or speech impaired. The 5 Department shall consult the Department of Human Services 6 to develop standards and implementation for thissuch7 equipment.;8 (3)(c)Establish charges (i) for communication 9 services for State agencies and, when requested, for 10 units of federal or local government and,public and 11 not-for-profit institutions of primary, secondary, or 12 higher education,and (ii) for use of the Department's 13 satellite uplink by parties not associated with State 14 government. Entities charged for thesesuchservices 15 shall reimburse the Departmentof Central Management16Servicesby vouchers drawn against their respective 17 appropriations for telecommunications services.;18 (4)(d)Instruct all State agencies to report their 19 usage of telecommunication services regularly to the 20 Department in thesuchmannerasthe Director may 21 prescribe.;22 (5)(e)Analyze the present and future aims and 23 needs of all State agencies in the area of 24 telecommunications services and plan to serve thosesuch25 aims and needs in the most effective and efficient manner 26 .; and27 (6)(f)Establish thesuchadministrative 28 organization within the Department thatasis required to 29 accomplish the purpose of this Section. 30 The Departmentof Central Management Servicesis 31 authorized to conduct a study for the purpose of determining 32 technical, engineering, and management specifications for the 33 networking, compatible connection, or shared use of existing 34 and future public and private owned television broadcast and HB0236 Enrolled -104- LRB9100031DJcdA 1 reception facilities, including but not limited to 2 terrestrial microwave, fiber optic, and satellite, for 3 broadcast and reception of educational, governmental, and 4 business programs, and to implement those specifications. 5 However, the Department may not control or interfere with 6 the input of content into the telecommunications systems by 7 the several State agencies or units of federal or local 8 government, or public or not-for-profit institutions of 9 primary, secondary, and higher education, or users of the 10 Department's satellite uplink. 11 As used in this Section, the term "State agencies" means 12 all departments, officers, commissions, boards, institutions, 13 and bodies politic and corporate of the State except the 14 General Assembly, legislative service agencies, and all 15 officers of the General Assembly. 16 (Source: P.A. 89-507, eff. 7-1-97.) 17 (20 ILCS 405/405-275 new) 18 (was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33) 19 Sec. 405-275. Grants for distance learning services. 2067.33.To award grants to public community colleges and 21 education service centers for development and implementation 22 of telecommunications systems that provide distance learning 23 services. 24 (Source: P.A. 87-583; 87-895.) 25 (20 ILCS 405/405-280 new) 26 (was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15) 27 Sec. 405-280. State garages; passenger cars.67.15.To 28 supervise and administer all State garages used for the 29 repair, maintenance, or servicing of State-owned motor 30 vehicles except those operated by any State college or 31 university or by the Illinois Mathematics and Science 32 Academy; and to acquire, maintain, and administer the HB0236 Enrolled -105- LRB9100031DJcdA 1 operation of the passenger cars reasonably necessary to the 2 operations of the executive department of the State 3 government. To this end, the Departmentof Central4Management Servicesshall adopt regulations setting forth 5 guidelines for the acquisition, use, maintenance, and 6 replacement of motor vehicles, including the use of ethanol 7 blended gasoline whenever feasible, used by the executive 8 department of State government;andshall occupy the space 9 and take possession of the personnel, facilities, equipment, 10 tools, and vehicles thatwhichare in the possession or under 11 the administration of the former Department of Administrative 12 Services for these purposes on July 13, 1982 (the effective 13 date of Public Act 82-789);this amendatory Act of 1982and 14 shall, from time to time, acquire anysuchfurther, 15 additional, and replacement facilities, space, tools, and 16 vehicles thatasare reasonably necessary for the purposes 17 described in this Section. 18 (Source: P.A. 86-109; 87-373.) 19 (20 ILCS 405/405-285 new) 20 (was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16) 21 Sec. 405-285. Fees for maintaining motor vehicles.67.16.22To charge, collect, and receive from all other agencies of 23 the State government fees or moneys equivalent to the costs 24 of repairing, servicing, and maintaining motor vehicles used 25 by thosesuchother agencies under Section 405-28067.15 of26this Act. All contracts let under the provisions of this Law 27Actshall be awarded in accordance with the applicable 28 requirements of the Illinois Purchasing Act. 29 (Source: P.A. 80-161.) 30 (20 ILCS 405/405-290 new) 31 (was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32) 32 Sec. 405-290. Retread replacement tires on State owned HB0236 Enrolled -106- LRB9100031DJcdA 1 vehicles.67.32.The Department shall develop and implement 2 a program to use retreads as replacement tires on State owned 3 vehicles wherever possible. 4 (Source: P.A. 87-476.) 5 (20 ILCS 405/405-295 new) 6 (was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30) 7 Sec. 405-295. Decreased energy consumption.67.30.The 8 Departmentof Central Management Servicesmay enter into 9 contracts for equipment or services designed to decrease 10 energy consumption in State programs and,State owned or 11 controlled buildings,or equipment. Prior to entering into 12 any such contract for a State owned building, the Department 13 shall consult with the Executive Director of the Capital 14 Development Board. The Department may consult with the 15 Department of Commerce and Community Affairs regarding any 16 aspect of energy consumption projects. 17 (Source: P.A. 89-445, eff. 2-7-96.) 18 (20 ILCS 405/405-300 new) 19 (was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2) 20 Sec. 405-300. Lease or purchase of facilities; training 21 programs.67.02.22 (a) To lease or purchase office and storage space, 23 buildings, land, and other facilities for all State agencies, 24 authorities, boards, commissions, departments, institutions, 25 and bodies politic and all other administrative units or 26 outgrowths of the executive branch of State government except 27 the Constitutional officers, the State Board of Education and 28 the State colleges and universities and their governing 29 bodies. However, before leasing or purchasing any office or 30 storage space, buildings, land or other facilities in any 31 municipality the Department shall survey the existing 32 State-owned and State-leased property to make a determination HB0236 Enrolled -107- LRB9100031DJcdA 1 of need. 2 Thesuchleases shall be for a term not to exceed 5 3 years, except that thesuchleases may contain a renewal 4 clause subject to acceptance by the State after that date or 5 an option to purchase. TheSuchpurchases shall be made 6 through contracts that (i)whichmay provide for the title to 7 the property to transfer immediately to the State or a 8 trustee or nominee for the benefit of the State, (ii)and9whichshall:provide for the consideration to be paid in 10 installments to be made at stated intervals during a certain 11 term not to exceed 30 years from the date of the contract, 12 and (iii) may provide for the payment of interest on the 13 unpaid balance at a rate that does not exceed a rate 14 determined by adding 3 percentage points to the annual yield 15 on United States Treasury obligations of comparable maturity 16 as most recently published in the Wall Street Journal at the 17 time such contract is signed. TheSuchleases and purchase 18 contracts shall be and shall recite that they are subject to 19 termination and cancellation in any year for which the 20 General Assembly fails to make an appropriation to pay the 21 rent or purchase installments payable under the terms of the 22 lease or purchase contract. Additionally, thesuchpurchase 23 contract shall specify that title to the office and storage 24 space, buildings, land, and other facilities being acquired 25 under thesuch acontract shall revert to the Seller in the 26 event of the failure of the General Assembly to appropriate 27 suitable funds. However, this limitation on the term of the 28suchleases does not apply to leases to and with the 29 Illinois Building Authority, as provided for inthe Act30enacted by the Seventy-second General Assembly entitledthe 31 Building Authority Act., whichLeases to and with thatsaid32 Authority may be entered into for a term not to exceed 30 33 years and shall be and shall recite that they are subject to 34 termination and cancellation in any year for which the HB0236 Enrolled -108- LRB9100031DJcdA 1 General Assembly fails to make an appropriation to pay the 2 rent payable under the terms of thesuchlease. These 3 limitations do not apply ifwherethe lease or purchase 4 contract contains a provision limiting the liability for the 5 payment of the rentals or installments thereof solely to 6 funds received from the Federal government. 7 (b) To lease from an airport authority office, aircraft 8 hangar, and service buildings constructed upon a public 9 airport under the Airport Authorities Act for the use and 10 occupancy of the State Department of Transportation. The,11whichlease may be entered into for a term not to exceed 30 12 years. 13 (c) To establish training programs for teaching State 14 leasing procedures and practices to new employees of the 15 Department and to keep all employees of the Department 16 informed about current leasing practices and developments in 17 the real estate industry. 18 (d) To enter into an agreement with a municipality or 19 county to construct, remodel, or convert a structure for the 20 purposes of its serving as a correctional institution or 21 facility pursuant to paragraph (c) of Section 3-2-2 of the 22 Unified Code of Corrections. 23 (e) To enter into an agreement with a private 24 individual, trust, partnership, or corporation or a 25 municipality or other unit of local government, when 26 authorized to do so by the Department of Corrections, whereby 27 thatsuchindividual, trust, partnership, or corporation or 28 municipality or other unit of local government will 29 construct, remodel, or convert a structure for the purposes 30 of its serving as a correctional institution or facility and 31 then lease thesuchstructure to the Department for the use 32 of the Department of Corrections. A lease entered into 33 pursuant to the authority granted in this subsection shall be 34 for a term not to exceed 30 years,but may grant to the State HB0236 Enrolled -109- LRB9100031DJcdA 1 the option to purchase the structure outright. 2 TheSuchleases shall be and shall recite that they are 3 subject to termination and cancellation in any year for which 4 the General Assembly fails to make an appropriation to pay 5 the rent payable under the terms of the lease. 6 (f) On and after September 17, 1983, the powers granted 7 to the Department under this Section shall be exercised 8 exclusively by the Department, and no other State agency may 9 concurrently exercise any such power,unless specifically 10 authorized otherwise by a later enacted law. This subsection 11 is not intended to impair any contract existing as of 12 September 17, 1983. 13 However, no lease for more than 10,000 square feet of 14 space shall be executed unless the Director, in consultation 15 with the Executive Director of the Capital Development Board, 16 has certified that leasing is in the best interest of the 17 State, considering programmatic requirements, availability of 18 vacant State-owned space, the cost-benefits of purchasing or 19 constructing new space, and other criteria as he or she shall 20 determine. The Director shall not permit multiple leases for 21 less than 10,000 square feet to be executed in order to evade 22 this provision. 23 (g) To develop and implement, in cooperation with the 24 Interagency Energy Conservation Committee, a system for 25 evaluating energy consumption in facilities leased by the 26 Department, and to develop energy consumption standards for 27 use in evaluating prospective lease sites. 28 (h) (1) After June 1, 1998 (the effective date of Public 29this amendatoryAct 90-520)of 1997, the Department 30 shall not enter into an agreement for the installment 31 purchase or lease purchase of buildings, land, or 32 facilities unless: 33 (A) the using agency certifies to the 34 Department that the agency reasonably expects that HB0236 Enrolled -110- LRB9100031DJcdA 1 the building, land, or facilities being considered 2 for purchase will meet a permanent space need; 3 (B) the building or facilities will be 4 substantially occupied by State agencies after 5 purchase (or after acceptance in the case of a build 6 to suit); 7 (C) the building or facilities shall be in new 8 or like new condition and have a remaining economic 9 life exceeding the term of the contract; 10 (D) no structural or other major building 11 component or system hasshall havea remaining 12 economic life of less than 10 years; 13 (E) the building, land, or facilities: 14 (i) is free of any identifiable 15 environmental hazard,or 16 (ii) is subject to a management plan, 17 provided by the seller and acceptable to the 18 State, to address the known environmental 19 hazard; 20 (F) the building, land, or facilities satisfy 21 applicable handicap accessibility and applicable 22 building codes; and 23 (G) the State's cost to lease purchase or 24 installment purchase the building, land, or 25 facilities is less than the cost to lease space of 26 comparable quality, size, and location over the 27 lease purchase or installment purchase term. 28 (2) The Department shall establish the methodology 29 for comparing lease costs to the costs of installment or 30 lease purchases. The cost comparison shall take into 31 account all relevant cost factors, including, but not 32 limited to, debt service, operating and maintenance 33 costs, insurance and risk costs, real estate taxes, 34 reserves for replacement and repairs, security costs, and HB0236 Enrolled -111- LRB9100031DJcdA 1 utilities. TheSuchmethodology shall also provide: 2 (A) that the comparison will be made using 3 level payment plans; and 4 (B) that a purchase price must not exceed the 5 fair market value of the buildings, land, or 6 facilities,and that the purchasesuchprice must be 7 substantiated by an appraisal or by a competitive 8 selection process. 9 (3) If the Department intends to enter into an 10 installment purchase or lease purchase agreement for 11 buildings, land, or facilities under circumstances that 12 do not satisfy the conditions specified by this Section, 13 it must issue a notice to the Secretary of the Senate and 14 the Clerk of the House. TheSuchnotice shall contain 15 (i) specific details of the State's proposed purchase, 16 including the amounts, purposes, and financing terms; 17 (ii) a specific description of how the proposed purchase 18 varies from the procedures set forth in this Section; and 19 (iii) a specific justification, signed by the Director, 20 statingofwhy it is in the State's best interests to 21 proceed with the purchase. The Department may not 22 proceed with such an installment purchase or lease 23 purchase agreement if, within 60 calendar days after 24 delivery of the notice, the General Assembly, by joint 25 resolution, disapproves the transaction. Delivery may 26 take place on a day and at an hour when the Senate and 27 House are not in session so long as the offices of 28 Secretary and Clerk are open to receive the notice. In 29 determining the 60-day60 dayperiod within which the 30 General Assembly must act, the day on which delivery is 31 made to the Senate and House shall not be counted. If 32 delivery of the notice to the 2 houses occurs on 33 different days, the 60-day60 dayperiod shall begin on 34 the day following the later delivery. HB0236 Enrolled -112- LRB9100031DJcdA 1 (4) On or before February 15 of each year, the 2 Department shall submit an annual report to the Director 3 of the Bureau of the Budget and the General Assembly 4 regarding installment purchases or lease purchases of 5 buildings, land, or facilities that were entered into 6 during the preceding calendar year. The report shall 7 include a summary statement of the aggregate amount of 8 the State's obligations under thosesuchpurchases; 9 specific details pertaining to each purchase, including 10 the amounts, purposes, and financing terms and payment 11 schedule for each purchase; and any other matter that the 12 Department deems advisable. 13 The requirement for reporting to the General 14 Assembly shall be satisfied by filing copies of the 15 report with the Auditor General, the Speaker, the 16 Minority Leader, and the Clerk of the House of 17 Representatives and the President, the Minority Leader, 18 and the Secretary of the Senate, the Chairs of the 19 Appropriations Committees, and the Legislative Research 20 Unit, as required by Section 3.1 of the General Assembly 21 Organization Act, and filingsuchadditional copies with 22 the State Government Report Distribution Center for the 23 General Assembly as is required under paragraph (t) of 24 Section 7 of the State Library Act. 25 (Source: P.A. 90-520, eff. 6-1-98.) 26 (20 ILCS 405/405-305 new) 27 (was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6) 28 Sec. 405-305. Lease of unused or unproductive State 29 land.67.06.To lease the unused or unproductive land under 30 the jurisdiction of any of the several departments onsuch31 terms and conditions thatasin the judgment of the Director 32 are in the best interests of the State. 33 (Source: Laws 1967, p. 2788.) HB0236 Enrolled -113- LRB9100031DJcdA 1 (20 ILCS 405/405-310 new) 2 (was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7) 3 Sec. 405-310. Transfer of realty.67.07.To transfer any 4 realty under the jurisdiction of the Department to any other 5 State agency and to accept a transfer of realty from the 6 federal government. 7 (Source: Laws 1967, p. 2788.) 8 (20 ILCS 405/405-315 new) 9 (was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24) 10 Sec. 405-315. Management of State buildings; security 11 force; fees.67.24.12 (a) To manage, operate, maintain, and preserve from 13 waste the State buildings listed below. The Department may 14 rent portions of these and other State buildings when in the 15 judgment of the Director thosesuchleases will be in the 16 best interests of the State. TheSuchleases shall not 17 exceed 5fiveyears unless a greater term is specifically 18 authorized. 19 a. Peoria Regional Office Building 20 5415 North University 21 Peoria, Illinois 61614 22 b. Springfield Regional Office Building 23 4500 South 6th Street 24 Springfield, Illinois 62703 25 c. Champaign Regional Office Building 26 2125 South 1st Street 27 Champaign, Illinois 61820 28 d. Illinois State Armory Building 29 124 East Adams 30 Springfield, Illinois 62706 31 e. Marion Regional Office Building 32 2209 West Main Street 33 Marion, Illinois 62959 HB0236 Enrolled -114- LRB9100031DJcdA 1 f. Kenneth Hall Regional State Office 2 Building 3 #10 Collinsville Avenue 4 East St. Louis, Illinois 62201 5 g. Rockford Regional Office Building 6 4402 North Main Street 7 P.O. Box 915 8 Rockford, Illinois 61105 9 h. State of Illinois Building 10 160 North LaSalle 11 Chicago, Illinois 60601 12 i. Office and Laboratory Building 13 2121 West Taylor Street 14 Chicago, Illinois 60602 15 j. Central Computer Facility 16 201 West Adams 17 Springfield, Illinois 62706 18 k. Elgin Office Building 19 595 South State Street 20 Elgin, Illinois 60120 21 l. James R. Thompson Center 22 Bounded by Lake, Clark, Randolph and 23 LaSalle Streets 24 Chicago, Illinois 25 m. The following buildings located within the Chicago 26 Medical Center District: 27 1. Lawndale Day Care Center 28 2929 West 19th Street 29 2. Edwards Center 30 2020 Roosevelt Road 31 3. Illinois Center for 32 Rehabilitation and Education 33 1950 West Roosevelt Road and 1151 South Wood Street 34 4. Department of Children and HB0236 Enrolled -115- LRB9100031DJcdA 1 Family Services District Office 2 1026 South Damen 3 5. The William Heally School 4 1731 West Taylor 5 6. Administrative Office Building 6 1100 South Paulina Street 7 7. Metro Children and Adolescents Center 8 1601 West Taylor Street 9 n. E.J. "Zeke" Giorgi Center 10 200 Wyman Street 11 Rockford, Illinois 12 o. Suburban North Facility 13 9511 Harrison 14 Des Plaines, Illinois 15 p. The following buildings located within the Revenue 16 Center in Springfield: 17 1. State Property Control Warehouse 18 11th & Ash 19 2. Illinois State Museum Research & Collections 20 Center 21 1011 East Ash Street 22 q. Effingham Regional Office Building 23 401 Industrial Drive 24 Effingham, Illinois 25r.Portions or all of the basement and 26 ground floor of the 27 State of Illinois Building 28 160 North LaSalle 29 Chicago, Illinois 60601 30 may be leased to persons, firms, partnerships, associations, 31 or individuals for terms not to exceed 15 years when in the 32 judgment of the Director thosesuchleases will be in the 33 best interests of the State. 34 Portions or all of the commercial space, which includes HB0236 Enrolled -116- LRB9100031DJcdA 1 the sub-basement, storage mezzanine, concourse, and ground 2 and second floors of the 3 James R. Thompson Center 4 Bounded by Lake, Clark, Randolph and LaSalle Streets 5 Chicago, Illinois 6 may be leased to persons, firms, partnerships, associations, 7 or individuals for terms not to exceed 15 years subject to 8 renewals when in the judgment of the Director thosesuch9 leases will be in the best interests of the State. 10 The Director is authorized to rent portions of the above 11 described facilities to persons, firms, partnerships, 12 associations, or individuals for terms not to exceed 30 days 13 when thosesuchleases will not interfere with State usage of 14 the facility. This authority is meant to supplement and shall 15 not in any way be interpreted to restrict the Director's 16 ability to make portions of the State of Illinois Building 17 and the James R. Thompson Center available for long-term 18 commercial leases. 19 Provided however, that all rentals or fees charged to 20 persons, firms, partnerships, associations, or individuals 21 for any lease or use of space in the above described 22 facilities made for terms not to exceed 30 days in length 23 shall be deposited in a special fund in the State treasury to 24 be known as the Special Events Revolving Fund. 25 Notwithstanding the provisions above, the Department of 26 Children and Family Services and the Department of Human 27 Services (as successor to the Department of Rehabilitation 28 Services and the Department of Mental Health and 29 Developmental Disabilities) shall determine the allocation of 30 space for direct recipient care in their respective 31 facilities. The Department of Central Management Services 32 shall consult with the affected agency in the allocation and 33 lease of surplus space in these facilities. Potential lease 34 arrangements shall not endanger the direct recipient care HB0236 Enrolled -117- LRB9100031DJcdA 1 responsibilities in these facilities. 2 (b) To appoint, subject to the"Personnel Code", as3amended, persons to be members of a police and security 4 force. Members of the security force shall be peace officers 5 when performing duties pursuant to this Section and as such 6 shall have all of the powers possessed by policemen in cities 7,and sheriffs, including the power to make arrests on view 8 or issue citations for violations of State statutes or city 9 or county ordinances, except that in counties of more than 10 1,000,000 population, any powers created by this subsection 11 shall be exercised only (i) when necessary to protect the 12 property, personnel, oranyinterests of the Departmentof13Central Management Servicesor any State agency for whom the 14 Department manages, operates, or maintains property,or (ii) 15 when specifically requested by appropriate State or local law 16 enforcement officials, and except that within counties of 17 1,000,000 or less population, thesesuchpowers shall be 18 exercised only when necessary to protect the property, 19 personnel, oranyinterests of the State of Illinois,and 20 only while on property managed, operated, or maintained by 21 the Department. 22 Nothing in this subsection shall be construed so as to 23 make it conflict with any provisions of, or rules promulgated 24 under, the"Personnel Code". 25 (c) To charge reasonable fees to all State agencies 26 utilizing facilities operated by the Department for occupancy 27 related fees and charges. All fees collected under this 28 subsection shall be deposited in a special fund in the State 29 treasury known as the Facilities Management Revolving Fund. 30 As used in this subsection, the term "State agencies" means 31 all departments, officers, commissions, institutions, boards, 32 and bodies politic and corporate of the State. 33 (Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376, 34 eff. 8-18-95; 89-507, eff. 7-1-97.) HB0236 Enrolled -118- LRB9100031DJcdA 1 (20 ILCS 405/405-320 new) 2 (was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25) 3 Sec. 405-320. Multi-use State facility at Collinsville; 4 State Police district headquarters at Sterling.67.25.5 (a) To enter into an agreement with a private 6 individual, trust, partnership, or corporation or a 7 municipality or other unit of local government whereby that 8suchindividual, trust, partnership, or corporation or 9 municipality or other unit of local government will construct 10 a structure in the vicinity of Collinsville, Illinois for the 11 purposes of its serving as a multi-use State facility and 12 then lease thatsuchstructure to the Department for the use 13 of the Department of Transportation and other State agencies. 14 (b) To enter into an agreement with a municipality or 15 other unit of local government whereby the municipality or 16 other unit of local government will construct a structure in 17 the vicinity of Sterling, Illinois for the purposes of its 18 serving as a Department of State Police district headquarters 19 and then lease the structure to the Department for the use of 20 the Illinois State Police. The Directorof the Department of21Central Management Servicesis further authorized to convey 22 the existing Illinois State Police headquarters at Sterling 23 to the City of Sterling, Illinois, a municipal corporation, 24 at a value established by the average of 3threeappraisals 25 in exchange for a deduction of equal value against any 26 amounts due the municipality under the State's contract to 27 acquire a State Police district headquarters at Sterling. 28 (c) A lease entered into pursuant to the authority 29 granted in this SectionActshall be for a term not to exceed 30 30 years but may grant to the State the option to purchase 31 the structure outright. 32 (d) The lease shall be approved by the heads of the 33 agencies occupying the facility and shall be and shall recite 34 that it is subject to termination and cancellation in any HB0236 Enrolled -119- LRB9100031DJcdA 1 year for which the General Assembly fails to make an 2 appropriation to pay the rent payable under the terms of the 3 lease. 4 (Source: P.A. 86-1338.) 5 (20 ILCS 405/405-325 new) 6 (was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26) 7 Sec. 405-325. Mental health facility at Dixon.67.26.8 To enter into an agreement with a private individual, trust, 9 partnership, or corporation or a municipality or other unit 10 of local government whereby thatsuchindividual, trust, 11 partnership, or corporation or municipality or other unit of 12 local government will construct a structure in the vicinity 13 of Dixon, Illinois for the purposes of its serving as a 14 mental health facility and then lease thatsuchstructure to 15 the Department for the use of the Department of Human 16 Services. 17 A lease entered into pursuant to the authority granted in 18 this SectionActshall be for a term not to exceed 30 years 19 but may grant to the State the option to purchase the 20 structure outright. 21 The lease shall be approved by the Secretary of Human 22 Services and shall be and shall recite that it is subject to 23 termination and cancellation in any year for which the 24 General Assembly fails to make an appropriation to pay the 25 rent payable under the terms of the lease. 26 (Source: P.A. 89-507, eff. 7-1-97.) 27 (20 ILCS 405/405-400 new) 28 (was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1) 29 Sec. 405-400. Successor to Department of Administrative 30 Services and Department of Personnel.34.1.The Department 31 of Central Management Services shall assume all rights, 32 powers, duties, and responsibilities of the Department of HB0236 Enrolled -120- LRB9100031DJcdA 1 Administrative Services and the Department of Personnel as 2 the successor to those departments. The Department of 3 Administrative Services, the Department of Personnel, and the 4 Advisory Board to the Department of Personnel are abolished. 5 Personnel, books, records, papers, documents, property, 6 real and personal, unexpended appropriations, and pending 7 business in any way pertaining to the former Department of 8 Administrative Services and the former Department of 9 Personnel are transferred to the Department of Central 10 Management Services, but any rights of employees or the State 11 under the"Personnel Code"or any other contract or plan 12 shall be unaffected by this transferhereby. No rule or 13 regulation promulgated by the former Department of 14 Administrative Services or the former Department of Personnel 15 pursuant to an exercise of any right, power, duty, or 16 responsibility transferred to the Department of Central 17 Management Services shall be affected by Public Act 82-789 18this amendatory Act of 1982, and all such rules and 19 regulations shall become the rules and regulations of the 20 Department of Central Management Services. 21 (Source: P.A. 82-789.) 22 (20 ILCS 405/405-500 new) 23 (was 20 ILCS 405/67.35) 24 Sec. 405-500.67.35.Matters relating to the Office of 25 the Lieutenant Governor. 26 (a) It is the purpose of this Section to provide for the 27 administration of the affairs of the Office of the Lieutenant 28 Governor during a period when the Office of Lieutenant 29 Governor is vacant. 30 It is the intent of the General Assembly that all powers 31 and duties of the Lieutenant Governor assumed and exercised 32 by the Director of Central Management Services, the 33 Department of Central Management Services, or another HB0236 Enrolled -121- LRB9100031DJcdA 1 Director, State employee, or State agency designated by the 2 Governor under the provisions of Public Act 90-609this3amendatory Act of 1998be reassumed by the Lieutenant 4 Governor on January 11, 1999. 5 (b) Until January 11, 1999, while the office of 6 Lieutenant Governor is vacant, the Director of Central 7 Management Services shall assume and exercise the powers and 8 duties given to the Lieutenant Governor under the Illinois 9 Commission on Community Service Act, Section 46.53 of the 10 Civil AdministrativethisCode of Illinois (renumbered; now 11 Section 605-75 of the Department of Commerce and Community 12 Affairs Law, 20 ILCS 605/605-75) (relating to the Keep 13 Illinois Beautiful program), Section 12-1 of the State 14 Finance Act, the Gifts and Grants to Government Act, and the 15 Illinois Distance Learning Foundation Act. 16 The Director of Central Management Services shall not 17 assume or exercise the powers and duties given to the 18 Lieutenant Governor under the Rural Bond Bank Act. 19 (c) Until January 11, 1999, while the office of 20 Lieutenant Governor is vacant, the Department of Central 21 Management Services shall assume and exercise the powers and 22 duties given to the Office of the Lieutenant Governor under 23 Section 2-3.112 of the School Code, the Illinois River 24 Watershed Restoration Act, the Illinois Wildlife Prairie Park 25 Act, Section 12-1 of the State Finance Act, and the Illinois 26 Distance Learning Foundation Act. 27 (c-5) Notwithstanding subsection (c): (i) the Governor 28 shall appoint an interim member, who shall be interim 29 chairperson, of the Illinois River Coordinating Council while 30 the office of the Lieutenant Governor is vacant until January 31 11, 1999 and (ii) the Governor shall appoint an interim 32 member, who shall be interim chairperson, of the Illinois 33 Wildlife Prairie Park Commission while the office of the 34 Lieutenant Governor is vacant until January 11, 1999. HB0236 Enrolled -122- LRB9100031DJcdA 1 (d) Until January 11, 1999, while the office of 2 Lieutenant Governor is vacant, the Department of Central 3 Management Services may assume and exercise the powers and 4 duties that have been delegated to the Lieutenant Governor by 5 the Governor. 6 (e) Until January 11, 1999, while the office of 7 Lieutenant Governor is vacant, appropriations to the Office 8 of the Lieutenant Governor may be obligated and expended by 9 the Department of Central Management Services, with the 10 authorization of the Director of Central Management Services, 11 for the purposes specified in those appropriations. These 12 obligations and expenditures shall continue to be accounted 13 for as obligations and expenditures of the Office of the 14 Lieutenant Governor. 15 (f) Until January 11, 1999, while the office of 16 Lieutenant Governor is vacant, all employees of the Office of 17 the Lieutenant Governor who are needed to carry out the 18 responsibilities of the Office are temporarily reassigned to 19 the Department of Central Management Services. This 20 reassignment shall not be deemed to constitute new employment 21 or to change the terms or conditions of employment or the 22 qualifications required of the employees, except that the 23 reassigned employees shall be subject to supervision by the 24 Department during the temporary reassignment period. 25 (g) Until January 11, 1999, while the office of 26 Lieutenant Governor is vacant, the Department of Central 27 Management Services shall temporarily assume and exercise the 28 powers and duties of the Office of the Lieutenant Governor 29 under contracts to which the Office of the Lieutenant 30 Governor is a party. The assumption of rights and duties 31 under this subsection shall not be deemed to change the terms 32 or conditions of the contract. 33 The Department of Central Management Services may amend, 34 extend, or terminate any such contract in accordance with its HB0236 Enrolled -123- LRB9100031DJcdA 1 terms; may agree to terminate a contract at the request of 2 the other party; and may, with the approval of the Governor, 3 enter into new contracts on behalf of the Office of the 4 Lieutenant Governor. 5 (h) The Governor may designate a State employee or 6 director other than the Director of Central Management 7 Services or a State agency other than the Department of 8 Central Management Services to assume and exercise any 9 particular power or duty that would otherwise be assumed and 10 exercised by the Director of Central Management Services or 11 the Department of Central Management Services under 12 subsection (b), (c), or (d) of this Section. 13 Except as provided below, if the Governor designates a 14 State employee or director other than the Director of Central 15 Management Services or a State agency other than the 16 Department of Central Management Services, that person or 17 agency shall be responsible for those duties set forth in 18 subsections (e), (f), and (g) that directly relate to the 19 designation of duties under subsections (b), (c), and (d). 20 If the Governor's designation relates to duties of the 21 Commission on Community Service or the Distance Learning 22 Foundation, the Director of Central Management Services and 23 the Department of Central Management Services may, if so 24 directed by the Governor, continue to be responsible for 25 those duties set forth in subsections (e), (f), and (g) 26 relating to that designation. 27 (i) Business transacted under the authority of this 28 Section by entities other than the Office of the Lieutenant 29 Governor shall be transacted on behalf of and in the name of 30 the Office of the Lieutenant Governor. Property of the 31 Office of the Lieutenant Governor shall remain the property 32 of that Office and may continue to be used by persons 33 performing the functions of that Office during the vacancy 34 period, except as otherwise directed by the Governor. HB0236 Enrolled -124- LRB9100031DJcdA 1 (Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.) 2 (20 ILCS 510/Art. 510 heading new) 3 ARTICLE 510. DEPARTMENT OF CHILDREN AND FAMILY SERVICES 4 (20 ILCS 510/510-1 new) 5 Sec. 510-1. Article short title. This Article 510 of 6 the Civil Administrative Code of Illinois may be cited as the 7 Department of Children and Family Services Powers Law. 8 (20 ILCS 510/510-5 new) 9 Sec. 510-5. Definition. As used in this Article 30, 10 "Department" means the Department of Children and Family 11 Services. 12 (20 ILCS 510/510-10 new) 13 (was 20 ILCS 510/65) (from Ch. 127, par. 63b11) 14 Sec. 510-10. Powers, generally.65.The Departmentof15Children and Family Serviceshas the powers enumerated in the 16 following Sections65.1 through 65.8. 17 (Source: P.A. 86-610.) 18 (20 ILCS 510/510-15 new) 19 (was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1) 20 Sec. 510-15. Children and Family Services Act. The 21 Department has the power65.1.to administer the"An Act22creating the Department ofChildren and Family Services Act,23codifying its powers and duties, and repealing certain Acts24and Sections herein named". 25 (Source: Laws 1967, p. 4089.) 26 (20 ILCS 510/510-20 new) 27 (was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4) 28 Sec. 510-20. Juveniles. The Department has the power HB0236 Enrolled -125- LRB9100031DJcdA 165.4.to exercise the powers and fulfill the duties assigned 2 the Department by the Juvenile Court Act of 1987. 3 (Source: P.A. 90-372, eff. 7-1-98.) 4 (20 ILCS 510/510-25 new) 5 (was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5) 6 Sec. 510-25. Child Care Act of 1969; injunction. The 7 Department has the power65.5.to initiate injunction 8 proceedings wheneverwhereverit appears to the Director of 9 Children and Family Services that any person, group of 10 persons, or corporation is engaged or about to engage in any 11 acts or practices thatwhichconstitute or will constitute a 12 violation of the"Child Care Act of 1969", approved May 15,131969, as amended,or any rule or regulation prescribed under 14 the authority of that Actthereof. The Director of Children 15 and Family Services may, in his or her discretion, through 16 the Attorney General apply for an injunction to enforce the 17 Act, rule, or regulation., andUpon a proper showing, any 18 circuit court may enter a permanent or preliminary injunction 19 or a temporary restraining order without bond to enforce the 20 Act, rule, or regulationthose Actsin addition to the 21 penalties and other remedies provided in the Act, rule, or 22 regulationthose Acts. Appeals may be taken as in other civil 23 cases. 24 (Source: P.A. 83-1362.) 25 (20 ILCS 510/510-30 new) 26 (was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6) 27 Sec. 510-30. Escaped inmates. The Department has the 28 power65.6.to exercise the powers and fulfill the duties 29 assigned the Department by the Escaped Inmate Damages Act"An30Act concerning damages caused by escaped inmates of31charitable, penal, reformatory or other institutions over32which the State has control", approved June 21, 1935, asHB0236 Enrolled -126- LRB9100031DJcdA 1heretofore and hereafter amended. 2 (Source: Laws 1967, p. 4089.) 3 (20 ILCS 510/510-35 new) 4 (was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7) 5 Sec. 510-35. State agency employees child care services. 6 The Department has the power65.7.to advise the Department 7 of Central Management Services concerning the provision of 8 child care services pursuant to the"State Agency Employees 9 Child Care Services Act", enacted by the 84th General10Assembly. 11 (Source: P.A. 84-652.) 12 (20 ILCS 510/510-95 new) 13 (was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3) 14 Sec. 510-95. Statutory responsibilities pertaining to 15 children. The Department has the power65.3.to administer 16 the"Child Care Act (repealed)"and thesuchother 17 responsibilities pertaining to children thatasare delegated 18 to the Department by statute. 19 (Source: Laws 1967, p. 4089.) 20 (20 ILCS 510/510-100 new) 21 (was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8) 22 Sec. 510-100. Criminal history record information.65.8.23Whenever the Department is authorized or required by law to 24 consider some aspect of criminal history record information 25 for the purpose of carrying out its statutory powers and 26 responsibilities, then, upon request and payment of fees in 27 conformance with the requirements ofsubsection 22 ofSection 28 2605-40055aof"the Department of State Police Law (20 ILCS 29 2605/2605-400)Civil Administrative Code of Illinois", the 30 Department of State Police is authorized to furnish, pursuant 31 to positive identification, thesuchinformation contained in HB0236 Enrolled -127- LRB9100031DJcdA 1 State files thatasis necessary to fulfill the request. 2 (Source: P.A. 86-610.) 3 (20 ILCS 510/510-200 new) 4 (was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2) 5 Sec. 510-200. Police and security force. The Department 6 has the power65.2.to appoint, subject to the"Personnel 7 Code", persons to be members of a police and security force. 8 Members of the police and security force shall be peace 9 officers and as such have all powers possessed by policemen 10 in cities,and sheriffs, including the power to make arrests 11 on view or on warrants of violations of State statutes or 12 city or county ordinances. These powers may, however, be 13 exercised only in counties of more than 500,000 population 14 when required for the protection of Department properties, 15 interests, and personnel,or when specifically requested by 16 appropriate State or local law enforcement officials. Members 17 of the police and security force may not serve and execute 18 civil processprocesses. 19 (Source: Laws 1967, p. 4089.) 20 (20 ILCS 605/Art. 605 heading new) 21 ARTICLE 605. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS 22 (20 ILCS 605/605-1 new) 23 Sec. 605-1. Article short title. This Article 605 of the 24 Civil Administrative Code of Illinois may be cited as the 25 Department of Commerce and Community Affairs Law. 26 (20 ILCS 605/605-5 new) 27 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1) 28 Sec. 605-5. Definitions. As used in the Sections 29 followingafterthis Section:and before Section 47.2,30 "Department" means the Department of Commerce and HB0236 Enrolled -128- LRB9100031DJcdA 1 Community Affairs. 2 "Director" means the Director of Commerce and Community 3 Affairs. 4 "Local government" means every county, municipality, 5 township, school district, and other local political 6 subdivision having authority to enact laws and ordinances, to 7 administer laws and ordinances, to raise taxes, or to expend 8 funds. 9 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670, 10 eff. 12-2-94.) 11 (20 ILCS 605/605-10 new) 12 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1) 13 Sec. 605-10.46.1.Powers and duties. The Departmentof14Commerce and Community Affairshas the powers and duties 15 enumerated in the Sections followingafterthis Sectionand16before Section 47.2. 17 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670, 18 eff. 12-2-94.) 19 (20 ILCS 605/605-15 new) 20 (was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22) 21 Sec. 605-15. Cooperation with other departments, 22 agencies, and institutions.46.22.To cooperate with other 23 departments, agencies, and institutions of this State in the 24 collecting and assembling of information and to enter into 25 agreements with thosesuch otherdepartments, agencies, and 26 institutions, uponsuchterms that areas may bemutually 27 agreed upon, to have conductedsuchstudies and research that 28conductedasmay be necessary and proper. 29 (Source: Laws 1965, p. 1958.) 30 (20 ILCS 605/605-20 new) 31 (was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29) HB0236 Enrolled -129- LRB9100031DJcdA 1 Sec. 605-20. Charges; gifts and grants; Economic Research 2 and Information Fund.46.29.3 (a) To establish and collect charges and to accept 4 gifts, grants, awards, matching contributions, financial 5 participations, and cost sharings from individuals, 6 businesses, governments, and other third party sources, on 7suchterms and conditions thatasthe Director deems 8 advisable, for any or all of the following purposes: 9 (1) Preparing, producing, and disseminating 10 economic research material and information in various 11 formats and media. 12 (2) Preparing, producing, and disseminating 13 economic development strategies and planning products 14 prepared as a guidance of the Illinois economy. 15 (3) Planning, facilitating, entering into, and 16 conducting public, private, or both public and private 17 sector partnerships and other joint venture economic 18 research, strategic planning, and pilot,and 19 demonstration projects that have as their purpose 20 fostering increased understanding of the Illinois economy 21 and the development, evaluation, and implementation of 22 policies and strategies to foster economic growth. 23 (4) Planning, facilitating, and conducting 24 information dissemination and training outreach 25 conferences, workshops, symposia, and award recognition 26 ceremonies. 27 (b) The Economic Research and Information Fund is 28 created as a special fund in the State treasury, and all 29 monies received pursuant to this Section shall be deposited 30 into that Fund. Monies in the Economic Research and 31 Information Fund may be expended for purposes consistent with 32 the conditions under which those monies are received, subject 33 to appropriations made by the General Assembly for those 34 purposes. HB0236 Enrolled -130- LRB9100031DJcdA 1 (Source: P.A. 88-407.) 2 (20 ILCS 605/605-25 new) 3 (was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a) 4 Sec. 605-25. Charges, gifts, and grants for promotional 5 products and services; International and Promotional Fund. 646.30a.7 (a) To establish, levy, and collect fees and charges and 8 accept gifts, grants, and awards from other governmental 9 entities, for profit organizations, and nonprofit 10 associations in association with or as consideration for the 11 provision of various promotional products and services 12 through its tourism, films production promotion, and 13 international business promotion programs. The Director may 14 establish and collect nominal charges for premiums and other 15 promotional materials produced or acquired as part of the 16 Department's activities authorized under the Illinois 17 Promotion Act from individuals and not-for-profit 18 organizations intending to use thosesuchpremiums and 19 promotional materials for purposes consistent with the 20 provisions of the Illinois Promotion Act, provided, however, 21 that other State agencies shall be charged no more than the 22 cost of the premium or promotional material to the 23 Department. 24 (b) The Director may collect cost reimbursement monies 25 from films and media production entities for police and 26 related production security services in amounts determined by 27 the provider of thesuchsecurity services and agreed to by 28 the production entity. TheSuchreimbursements shallonly29 result only from the agreed costs of planned police and 30 security services to be rendered to film and media production 31 sites in the State of Illinois. 32 (c) The Director may establish and collect cost-sharing 33 assessments and fees and accept gifts, grants, and awards HB0236 Enrolled -131- LRB9100031DJcdA 1 from private businesses, trade associations, other 2 governmental entities, and individuals desiring to 3 participate in and support the development and conduct of 4 overseas trade, catalog, and distributor shows and activities 5 and to purchase informational materials to foster export 6 sales of Illinois products and services as part of the 7 Department's international business programs. 8 (d) All money received pursuant to this Section shall be 9 deposited intointhe International and Promotional Fund 10 within the State treasury which is hereby created; monies 11 within thesuchFund shall be appropriated only for 12 expenditure pursuant to this Section. 13 (Source: P.A. 90-26, eff. 7-1-97.) 14 (20 ILCS 605/605-30 new) 15 (was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41) 16 Sec. 605-30. State and federal programs, grants, and 17 subsidies.46.41.The Department shall use thesuchState and 18 federal programs, grants, and subsidies thatasare available 19 to assist in the discharge of the provisions of the Civil 20 Administrative Code of Illinoisthis Act. 21 (Source: P.A. 81-1509.) 22 (20 ILCS 605/605-35 new) 23 (was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43) 24 Sec. 605-35. Federal moneys for general administration; 25 Intra-Agency Services Fund.46.43.Moneys recovered from 26 federal programs for general administration that are received 27 by the Departmentof Commerce and Community Affairsshall be 28 deposited into a separate fund in the State treasury to be 29 known as the Intra-Agency Services Fund. 30 (Source: P.A. 86-1175; 87-130; 87-1177.) 31 (20 ILCS 605/605-40 new) HB0236 Enrolled -132- LRB9100031DJcdA 1 (was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2) 2 Sec. 605-40. State Technical Services Act Fund.47.2.The 3 following funds collected and received by the Departmentof4Commerce and Community Affairsshall be paid to the State 5 Treasurer for deposit in the State Technical Services Act 6 Fund outside the State Treasury: 7 (1)(a)Funds received or collected from the 8 federal government to defray the cost of programs and 9 activities conducted under the State Technical Services 10 Act of 1965, Public Law 89-182,as now and hereafter11amended,or under any other Act of Congress by which 12 federal funds are made available for thosesuchpurposes. 13, and14 (2)(b)Funds received or collected from colleges, 15 universities, nonprofit organizations, or other 16 participants in programs and activities conducted under 17 Section 605-37046.28. 18 All disbursements from thesuchFund shall be made only 19 upon warrants of the State Comptroller drawn upon the State 20 Treasurer as custodian of the fund upon vouchers signed by 21 the Directorof Commerce and Community Affairsor by the 22 person or persons designated by the Directorhimfor that 23suchpurpose. The Comptroller is authorized to draw thesuch24 warrant upon vouchers so signed. The State Treasurer shall 25 accept all warrants so signed and shall be released from 26 liability for all payments made on those warrantsthereon. 27 (Source: P.A. 81-1509.) 28 (20 ILCS 605/605-50 new) 29 (was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51) 30 Sec. 605-50. Expenditures for purposes of Build Illinois 31 Act.46.51.To expend appropriations for the purposes 32 contained in the Build Illinois Act, enacted by the 84th33General Assembly. HB0236 Enrolled -133- LRB9100031DJcdA 1 (Source: P.A. 84-109.) 2 (20 ILCS 605/605-55 new) 3 (was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21) 4 Sec. 605-55. Contracts and other acts to accomplish 5 Department's duties.46.21.To make and enter into contracts, 6 including but not limited to making grants and loans to those 7 units of local government and non-profit corporations 8 specified by the General Assembly pursuant to appropriations 9 by the General Assembly from the Build Illinois Bond Fund and 10 the Build Illinois Purposes Fund, and generally to do all 11suchthings thatas, in its judgment, may be necessary, 12 proper, and expedient in accomplishing its duties. 13 (Source: P.A. 85-288.) 14 (20 ILCS 605/605-65 new) 15 (was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52) 16 Sec. 605-65. Grants under Gang Control Grant Act.46.52.17 To award grants to community-based groups, as defined in the 18 Gang Control Grant Act"An Act to provide for grants to19community groups and to assist local government programs for20gang control, amending certain Acts therein named", veto21overridden October 31, 1985. 22 (Source: P.A. 84-1308; 84-1400; 84-1438.) 23 (20 ILCS 605/605-75 new) 24 (was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53) 25 Sec. 605-75.46.53.Keep Illinois Beautiful. 26 (a) There is created the Keep Illinois Beautiful Program 27 Advisory Board consisting of 7 members appointed by the 28 Governor with the advice and consent of the Senate. Of those 29 7, 4 shall be appointed from a list of at least 10 names 30 submitted by the boards of directors from the various 31 certified community programs. Each certified community HB0236 Enrolled -134- LRB9100031DJcdA 1 program may submit only one recommendation to be considered 2 by the Governor. The Lieutenant Governor or his or her 3 designee shall be a member and serve as Chairman, except that 4 (i) when Section 6 of Article V of the Illinois Constitution 5 is operative the officer next in line of succession shall 6 serve as Chairman and (ii) until January 11, 1999, while the 7 office of Lieutenant Governor is otherwise vacant, the powers 8 and duties of the Lieutenant Governor under this Section 9 shall be carried out as provided in Section 67.35 of the 10 Civil Administrative Code of Illinois (renumbered; now 11 Section 405-500 of the Department of Central Management 12 Services Law, 20 ILCS 405/405-500). The Board shall meet at 13 least quarterly at the discretion of the Chairman and at such 14 other times as the Chairman or any 4 members consider 15 necessary. Four members shall constitute a quorum. 16 (b) The purpose of the Board shall be to assist local 17 governments and community organizations in: 18 (1) Educating the public about the need for 19 recycling and reducing solid waste.;20 (2) Promoting the establishment of recycling and 21 programs that reduce litter and other solid waste through 22 re-use and diversion.;23 (3) Developing local markets for recycled products. 24;25 (4) Cooperating with other State agencies and with 26 local governments having environmental responsibilities.;2728 (5) Seeking funding from governmental and 29 non-governmental sources. 30 (c) The Lieutenant Governor shall employ and fix the 31 salary of a Statewide coordinator who, to the extent 32 possible, shall assist local governments and community 33 organizations that plan to implement programs set forth in 34 subsection (b). The Board shall establish guidelines for the HB0236 Enrolled -135- LRB9100031DJcdA 1 certification by the Board of local governments and community 2 organizations. TheSuchguidelines shall be approved by a 3 majority of the members of the Board. 4 The Statewide coordinator may encourage local governments 5 and community organizations to apply for certification of 6 programs by the Board. However, the Statewide coordinator 7 shall give equal consideration to newly certified programs 8 and older certified programs. 9 The Statewide coordinator shall submit proposed programs 10 to the Board. The Board shall approve program proposals by a 11 majority vote of the quorum present. In no event shall the 12 Board veto a program by a vote of fewer than 4 members. A 13 vetoed proposal may be resubmitted to the Board by the 14 Statewide coordinator after necessary changes in the proposal 15 have been made. 16 (d) The Keep Illinois Beautiful Fund is created as a 17 special fund in the State treasury. Moneys from any public 18 or private source may be deposited into the Keep Illinois 19 Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund 20 shall be appropriated only for the purposes of this Section. 21 Pursuant to action by the Board, the Lieutenant Governor may 22 authorize grants from moneys appropriated from the Keep 23 Illinois Beautiful Fund for certified community based 24 programs for up to 50% of the cash needs of the program; 25 provided, that at least 50% of the needs of the program shall 26 be contributed to the program in cash, and not in kind, by 27 local sources. 28 Moneys appropriated for certified community based 29 programs in municipalities of more than 1,000,000 population 30 shall be itemized separately and may not be disbursed to any 31 other community. 32 (Source: P.A. 90-609, eff. 6-30-98.) 33 (20 ILCS 605/605-85 new) HB0236 Enrolled -136- LRB9100031DJcdA 1 (was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11) 2 Sec. 605-85. Personnel.46.11.To obtain and employ, 3 pursuant tothe provisions ofthe"Personnel Code", as4heretofore or hereafter amended, thesuchtechnical, 5 clerical, stenographic, and other administrative personnel 6 that areand make such expenditures within the appropriations7therefor as may benecessary to carry out the purposes of the 8 Civil Administrative Code of Illinois and to make 9 expenditures for that purpose within the appropriations for 10 that purposethis Act. 11 (Source: Laws 1965, p. 1958.) 12 (20 ILCS 605/605-95 new) 13 (was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42) 14 Sec. 605-95. Rules and regulations.46.42.The Department 15 hasshall havethe power to make thesuchrules and 16 regulationsas may benecessary to carry out its duties. 17 (Source: P.A. 81-1509.) 18 (20 ILCS 605/605-100 new) 19 (was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33) 20 Sec. 605-100. Transfer from Department of Business and 21 Economic Development.46.33.To assume the rights, powers, 22 duties, and responsibilities of the former Department of 23 Business and Economic Development. Personnel, books, 24 records, property, and funds pertaining to thesaidformer 25 Department of Business and Economic Development are 26 transferred to the Department, but any rights of employees or 27 the State under the"Personnel Code"or any other contract or 28 plan shall be unaffected by this transferhereby. 29 (Source: P.A. 81-1509.) 30 (20 ILCS 605/605-105 new) 31 (was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35) HB0236 Enrolled -137- LRB9100031DJcdA 1 Sec. 605-105. Transfer from Department of Local 2 Government Affairs.46.35.3 (a) To assume all rights, powers, duties, and 4 responsibilities of the former Department of Local Government 5 Affairs not pertaining to its property taxation related 6 functions. Personnel, books, records, property and funds 7 pertaining to thosesuchnon-taxation related functions are 8 transferred to the Department, but any rights of employees or 9 the State under the "Personnel Code" or any other contract or 10 plan shall be unaffected by this transferhereby. 11 (b) After August 31, 1984 (the effective date of Public 12this amendatoryAct 83-1302)of 1984, the power, formerly 13 vested in the Department of Local Government Affairs,and 14 transferred to the Department of Commerce and Community 15 Affairs, to administer the distribution of funds from the 16 State treasury to reimburse counties,where State penal 17 institutions are located,for the payment of assistant 18 State's Attorneys' salaries under Section 7 of "An act 19 concerning fees and salaries, and to classify the several 20 counties of this state with reference thereto", approved 21 March 29, 1872, as amended (repealed; now Section 4-2001 of 22 the Counties Code, 55 ILCS 5/4-2001), shall be vested in the 23 Department of Corrections pursuant to Section 3-2-2 of the 24 Unified Code of Corrections. 25 (Source: P.A. 83-1302.) 26 (20 ILCS 605/605-110 new) 27 (was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34) 28 Sec. 605-110. Transfer from Governor's Office of Manpower 29 and Human Development.46.34.To assume the rights, powers, 30 duties, and responsibilities of the Governor's Office of 31 Manpower and Human Development. Personnel, books, records, 32 property, and funds pertaining to the Governor's Office of 33 Manpower and Human Development are transferred to the HB0236 Enrolled -138- LRB9100031DJcdA 1 Department, but any rights of employees or the State under 2 the"Personnel Code"or any other contract or plan shall be 3 unaffected by this transferhereby. 4 (Source: P.A. 81-1509.) 5 (20 ILCS 605/605-115 new) 6 (was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36) 7 Sec. 605-115. Transfer from State Housing Board and 8 Department of Business and Economic Development.46.36.In 9 addition to the duties and powers imposed elsewhere in the 10 Civil Administrative Code of Illinoisthis Act, the 11 Department has the following powers: 12 (1) To exercise the rights, powers, and duties 13 vested by law in the State Housing Board under the"An14Act in relation toHousing Authorities Act.," approved15March 19, 1934, as heretofore or hereafter amended;16 (2) To exercise the rights, powers, and duties 17 vested by law in the State Housing Board under the 18 Housing Cooperation Law."An Act in relation to aid of19housing projects and cooperation with housing authorities20and the Federal government by municipal corporations,21political subdivisions and other public bodies of this22state," filed July 13, 1937, as heretofore or hereafter23amended;24 (3) To exercise the rights, powers, and duties 25 vested by law in the State Housing Board under"An Act to26facilitatethe Housing Development and Construction Act. 27of housing, to provide governmental assistance therefor,28and to repeal an Act herein named," approved July 2,291947, as heretofore or hereafter amended;30 (4) To exercise the rights, powers, and duties 31 vested by law in the State Housing Board under the 32"Blighted Areas Redevelopment Act of 1947.", approved33July 2, 1947, as heretofore or hereafter amended;HB0236 Enrolled -139- LRB9100031DJcdA 1 (5) To exercise the rights, powers, and duties 2 vested by law in the State Housing Board under the 3"Blighted Vacant Areas Development Act of 1949.," filed4August 13, 1949, as heretofore or hereafter amended;5 (6) To exercise the rights, powers, and duties 6 vested by law in the State Housing Board under the Urban 7 Community Conservation Act."An Act in relation to the8conservation of urban residential areas and the9prevention of slums and to define the rights, powers and10duties of municipalities in connection therewith,"11approved July 13, 1953, as heretofore or hereafter12amended;13 (7) To exercise the rights, powers, and duties 14 vested by law in the State Housing Board under the"Urban 15 Renewal Consolidation Act of 1961.," approved August 15,161961, as heretofore or hereafter amended;17 (8) To exercise the rights, powers, and duties 18 vested by law in the State Housing Board under the 19 Redevelopment Project Rehousing Act."An Act in relation20to rehousing persons residing in the areas of21redevelopment projects undertaken pursuant to the22"Blighted Areas Redevelopment Act of 1947" enacted by the23Sixty-fifth General Assembly, and to provide for state24and municipal contributions therefor," approved July 2,251947, as heretofore or hereafter amended;26 (9) To exercise the rights, powers, and duties 27 vested by law in the State Housing Board under the State 28 Housing Act."An Act in relation to housing," approved29July 12, 1933, as heretofore or hereafter amended;30 (10) To exercise the rights, powers, and duties 31 vested by law in the State Housing Board under the 32"Illinois Housing Development Act.", approved July 24,331967, as heretofore or hereafter amended;34 (11) To exercise the rights, powers, and duties HB0236 Enrolled -140- LRB9100031DJcdA 1 which had been vested by law in the Department of 2 Business and Economic Development under Sections 46.7 3 (renumbered; now Section 605-200 of this Law; 20 ILCS 4 605/605-200), 46.8 (repealed), 46.23 (repealed), and 47.1 5 (repealed) of"the Civil Administrative Code of Illinois, 6" approved March 7, 1917, as heretofore or hereafter7amended,previous to August 29, 1969.;8 (12) To exercise the rights, powers, and duties 9 which have been vested by law in the State Housing Board 10 under Section 6b-3 of the"An Act in relation toState 11 Finance Act.," approved June 10, 1919, as heretofore and12hereafter amended;13(13)The Department shall render assistance and,advice 14 to and take action affecting local governments only upon 15 request of a local government, except as otherwise provided 16 by the powers and duties transferred to the Department by 17 this Section. 18 (Source: P.A. 82-1057.) 19 (20 ILCS 605/605-200 new) 20 (was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7) 21 Sec. 605-200. Official State planning agency.46.7.To 22 act as the official State planning agency,and to accept and 23 use planning grants or other financial assistance from the 24 federal government (1) for statewide comprehensive planning 25 work including research and coordination activity directly 26 related to urban needs;and (2) for State and inter-state 27 comprehensive planning and research and coordination activity 28 related thereto. All such grants shall be subject to the 29 terms and conditions prescribed by the federal government. 30 (Source: P.A. 76-1158.) 31 (20 ILCS 605/605-205 new) 32 (was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39) HB0236 Enrolled -141- LRB9100031DJcdA 1 Sec. 605-205. Planning; coordination with local and 2 regional entities; Urban Planning Assistance Fund.46.39.The 3 Department shall provide for liaison between the State and 4 regional and local planning agencies and departments; perform 5suchstate-wide planning asisprovided by law; provide 6 assistance, counsel, and advice to local and regional 7 planning agencies when so requested; and conduct research 8 into local government problems as ordered by the Director. In 9 performing this responsibility the Department shall have the 10 power and duty to do the following: 11 (1)(a)Exercise the rights, powers, and duties provided 12 in paragraphsub-paragraph(11) of Section 605-115.46.36 of13this Act;14 (2)(b) ToAccept and use planning grants or other 15 financial assistance from the federal government, either 16 directly or in receipt from the official State planning 17 agency, in aid,or for the provision of planning assistance 18 (including surveys, land use studies, urban renewal plans, 19 technical services, and other planning work, but excluding 20 plans for specific public works): (i)(1)to municipalities 21 and counties; (ii)(2)to any group of adjacent communities, 22 incorporated or unincorporated, having common or related 23 urban planning problems resulting from rapid urbanization; 24 (iii)(3)to coordinate planning activities directly related 25 to urban needs; (iv)(4)for official governmental planning 26 agencies where rapid urbanization has resulted or is expected 27 to result from the establishment of rapid and substantial 28 expansion of a federal installation; and (v)(5)to study and 29 offer assistance for rural planning.;30 (3)(c) ToApprove applicants and project plans for 31 loans or grants to local, regional, or area groups, 32 associations, or other agencies thatwhichqualify for 33 assistance underTitle42 U.S.C.United States Code Sections34 3161, et seq. and any subsequent federal or State legislation HB0236 Enrolled -142- LRB9100031DJcdA 1 whose purpose is to assist economically distressed or 2 depressed areas;,and, for and in behalf of this State,to3 accept, receive, and receipt for federal monies, for and in4behalf of the State,given by the federal government under 5 any federal law to this State for economic redevelopment, 6 assistance, surveys, or programs.;7 (4)(d) ToCooperate with civic groups and local, State, 8 and federal planning and development agencies.;9 (5)(e) ToAuthorize counties, cities, and other local 10 governmental units to enter into agreements, not in conflict 11 with any law of the State of Illinois, with appropriate 12 governmental units of an adjoining state or states for 13 cooperative efforts and mutual assistance in the 14 comprehensive planning for the physical growth and 15 development of metropolitan or other urban areas, provided 16 thatsuchcooperation has been authorized by the adjoining 17 state or states.;18 (6)(f) ToProvide that in an orderly mannerthatthe 19 following funds collected and received by the Department 20 shall be paid over to the State Treasurer for deposit in a 21 separate fund hereinafter provided for in this Section: (i) 22(a)funds received or collected from municipalities and 23 counties and from any groups of adjacent communities pursuant 24 to this Section and (ii)(b)funds received or collected from 25 the federal government to defray the cost for planning of 26 thosesuchprojects pursuant to the"Federal Housing Act of 27 1954", as amended,or under any other Act of Congress by 28 which federal funds may be made available for thosesuch29 purposes. Any such funds so collected or received shall be 30 paid or turned over to and shall be held by the State 31 Treasurer as ex officio custodian thereof, separate and apart 32 from all public monies and funds of this State, and shall be 33 known as the"Urban Planning Assistance Fund, which shall" to34be administered by the Department. All disbursements from HB0236 Enrolled -143- LRB9100031DJcdA 1 thesuchFund shall be made only upon warrants of the State 2 Comptroller drawn upon the State Treasurer as custodian of 3 the fund upon vouchers signed by the Directorof Commerce and4Community Affairsor by the person or persons designated by 5 the Directorhimfor thatsuchpurpose. The Comptroller is 6 authorized to draw thesuchwarrant upon vouchers so signed. 7 The State Treasurer shall accept all warrants so signed and 8 shall be released from liability for all payments made on 9 those warrantsthereon. 10 (7)(g) ToProvide coordination between state-wide plans 11 and plans of municipalities, counties, and regional planning 12 agencies.;13 (8)(h) ToCollect, organize, and disseminate 14 information on all matters pertaining to local government.;15 (9)(i) ToMake studies concerning local government 16 boundary problems; provide advice and assistance to local 17 governments on boundary questions; and performsuchother 18 services related to local government boundary questions that 19asthe Director orders.shall order;20 (10)(j) ToCooperate with the Governor, other State 21 departments and agencies, and local planning agencies in the 22 preparation of state-wide plans relating to housing, 23 redevelopment, urban renewal, rural development, andsuch24 other matters thatasthe Director orders.shall order;25 (11)(k) ToDoany andall things necessary to make the 26 Civil Administrative Code of Illinoisthis Acteffective. 27 (Source: P.A. 83-333.) 28 (20 ILCS 605/605-210 new) 29 (was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9) 30 Sec. 605-210. Cooperation with civic groups and planning 31 and development agencies.46.9.To cooperate with civic 32 groups and local, State, and federal planning and development 33 agencies. HB0236 Enrolled -144- LRB9100031DJcdA 1 (Source: Laws 1965, p. 1958.) 2 (20 ILCS 605/605-300 new) 3 (was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2) 4 Sec. 605-300. Economic development plans.46.2To 5 formulate plans for the economic development of the State of 6 Illinois. 7 (Source: Laws 1965, p. 1958.) 8 (20 ILCS 605/605-305 new) 9 (was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44) 10 Sec. 605-305. Economic development strategy.46.44.By no 11 later than February 1, 1984, the Department shall prepare an 12 economic development strategy for Illinois for the year 13 beginning on July 1, 1984 and ending on June 30, 1985, and 14 for the 4fouryears next ensuing. By no later than February 15 1, 1985 and annually thereafter, the Department shall make 16 modifications to thein sucheconomic development strategy 17 for the 4fouryears beginning on the next ensuing July 1 as 18 thosesuchmodifications are warranted by changes in economic 19 conditions,or by other factors, including changes in policy, 20 and shall prepare an economic development strategy for the 21 fifth year beginning after the next ensuing July 1. 22 In preparing thesuchstrategy and in making 23 modifications to thesuchstrategy, the Department shall take 24 cognizance of the special economic attributes of the various 25 component areas of the State.(1)The "component areas" 26 shall be determined by the Department after a county by 27 county economic analysis and shall group counties thatwhich28 are close in geographical proximity and share common economic 29 traits. 30(2)The strategy shall recommend specific legislative 31 and administrative action at both the State and area levels 32levelfor promoting sustained economic growth at or above HB0236 Enrolled -145- LRB9100031DJcdA 1 national rates of economic growth, while keeping the rate of 2 unemployment below national levels of unemployment. 3(3)The strategy shall include all of the following: 4 (1)(a)An assessment of historical patterns of 5 economic activity for the State as a whole and by area.;6 (2)(b)Projections of future economic trends for 7 the State as a whole and by areas.; and8 (3)(c)Projections of the State's future 9 educational needs. 10(4)National economic trends and projections shall be 11 considered in the formulation of thesuchState and area 12 projections. All assumptions made in the formulation of the 13suchState and area projections shall be clearly and 14 explicitly set forth. 15(5)The strategy shall identify,for each area those 16 economic characteristics that most likely will influence 17 whether the area will exceed or fall below the rate of 18 overall State economic growth. 19(6)The strategy shall recommend legislative action to 20 be taken to foster and promote economic growth in specific 21 areas, taking into account the resources and economic factors 22 indigenous to thosesuchareas. 23 In preparing the strategy or modifications to the 24 strategythereto, the Department shall consult with State 25 agencies, boards, and commissions whose programs and 26 activities significantly affect economic activity in the 27 State. The heads of thosesuchagencies, boards, and 28 commissions shall provide thesuchassistance to the 29 Department thatasthe Governor deems appropriate. 30(7)The strategy shall be presented to the Governor, the 31 President of the Senate, the Speaker of the House of 32 Representatives, the minority leader of each house of the 33 General Assembly, the chairman of the Commission on 34 Intergovernmental Cooperation, the chairman of the Economic HB0236 Enrolled -146- LRB9100031DJcdA 1 and Fiscal Commission, and the chairman of the Economic 2 Development Commission on February 1, 1984 and annually 3 thereafter. 4 (Source: P.A. 85-439.) 5 (20 ILCS 605/605-310 new) 6 (was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3) 7 Sec. 605-310. Collecting and assembling information. 846.3.To collect and assemble, or cause to have collected 9 and assembled, information regarding the following: 10 industrial opportunities and possibilities of the State, 11 including raw materials, and products that may be produced 12 therefrom; power and water resources;,transportation 13 facilities; available markets; availability of labor; banking 14 and financial facilities; availability of industrial sites; 15 the advantages of the State as a whole,and particular 16 sections of the Statethereofas industrial, recreational, 17 and tourist locations;and provide information on the18technologies available for businesses to burn Illinois coal19and the feasibility of such systems;andsuchother matters 20asthe Department may deem desirable. To collect and 21 assemble, or cause to have collected and assembled, and 22 provide information on the technologies available for 23 businesses to burn Illinois coal and the feasibility of those 24 systems. 25 (Source: P.A. 89-445, eff. 2-7-96.) 26 (20 ILCS 605/605-315 new) 27 (was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17) 28 Sec. 605-315. Information regarding economic growth. 2946.17.To collect, assemble, and analyze statistics, data, 30 and information regarding the growth and the strengthening of 31 the economy of this State and all of its elements. 32 (Source: Laws 1965, p. 1958.) HB0236 Enrolled -147- LRB9100031DJcdA 1 (20 ILCS 605/605-320 new) 2 (was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5) 3 Sec. 605-320. Encouragement of existing industries.46.54 To encourage the growth and expansion of industries now 5 existing within the State by providing comprehensive business 6 services and promoting interdepartmental cooperation for 7 assistance to industries. 8 (Source: Laws 1965, p. 1958.) 9 (20 ILCS 605/605-325 new) 10 (was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i) 11 Sec. 605-325.46.19i.Services network funding program. 12 The Department is authorized to promulgate rules and make 13 grants, subject to appropriation by the General Assembly for 14 this purpose, to colleges, universities, trade associations, 15 non-profit organizations, or consortia of for-profit 16 businesses for research, development, promotion, 17 implementation, or improvement related to or in support of 18 manufacturer or producer services networks or group delivered 19 services and activities. Grants to eligible applicants shall 20 not exceed $100,000. The award shall not exceed 75% of the 21 entire amount of the actual expenditures for the cooperative 22 networks or group delivered services or activity unless that 23 limit is waived by the Director. 24 (Source: P.A. 87-1177.) 25 (20 ILCS 605/605-328 new) 26 (was 20 ILCS 605/47.3) 27 Sec. 605-328.47.3. TheEconomic Development Matching 28 Grants Program. 29 (a) The Department, in its discretion, may establish a 30 program of grants to be matched by economic development 31 entities in the State to finance and promote local economic 32 development. The Department is authorized to make grants, HB0236 Enrolled -148- LRB9100031DJcdA 1 subject to appropriations by the General Assembly for this 2 purpose, from the Economic Development Matching Grants 3 Program Fund, a special fund created in the State treasury, 4 to nonprofit organizations and local units of government 5 whose primary objectives are to promote Illinois communities 6 as sites for industrial and business location and expansion. 7 The goal of the program is to enhance the marketing of 8 Illinois by enabling regions and communities to market 9 themselves and thereby attract new business and industry to 10 the State and enhance the environment of growth for existing 11 business and industry. 12 (b) The applicant's proposed project must have a 13 definable impact on business and industrial attraction, 14 recruitment, or retention. Items eligible for funding 15 consideration include, but are not limited to, specific, 16 time-limited research studies related to industrial and 17 business recruitment or retention, advertising and public 18 relation expenses related to the applicant's proposed 19 project, and production of printed materials and brochures, 20 slide presentations and videotapes, and internet home pages 21 for distribution to those involved in expansion or relocation 22 activities. 23 (c) In determining the recipients of the grants, 24 consideration shall be given to the following factors: 25 (1) Does the project demonstrate collaboration 26 between more than one municipality, county, and region?;27 (2) Does the project demonstrate substantial 28 potential for economic return from an area outside the 29 applicant's region and provide research measurement?;30 (3) Does the project show creativity and good 31 design qualities and appropriately target a specific 32 market?;33 (4) Does the project support the Department's 34 economic development out-of-state marketing efforts?;HB0236 Enrolled -149- LRB9100031DJcdA 1 (5) Is the project a demonstrable part of a 2 long-range marketing or strategic plan?; and3 (6) Are the projected costs for the project 4 well-researched and reasonable?.5 (d) State grant dollars shall be evenly matched by the 6 applicant. 7 (e) Moneys appropriated to the program of grants shall 8 be deposited into the Economic Development Matching Grants 9 Program Fund and shall not lapse into the General Revenue 10 Fund at the end of a fiscal year. 11 (f) The grants made under this Section shall be in 12 addition to any other grant programs currently in place and 13 administered by the Department. 14 (g) The Department shall adopt rules to implement this 15 program. 16 (Source: P.A. 90-660, eff. 7-30-98.) 17 (20 ILCS 605/605-330 new) 18 (was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4) 19 Sec. 605-330. Encouragement of new industries; use of 20 Illinois coal.46.4.To encourage new industrial enterprises 21 to locate in Illinois, by educational promotions pointing out 22 the opportunities of the State as a commercial and industrial 23 field of opportunity,and by solicitation of industrial 24 enterprises, and to encourage new enterprises to use 25 equipment that utilizes Illinois coal. 26 (Source: P.A. 84-741.) 27 (20 ILCS 605/605-335 new) 28 (was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a) 29 Sec. 605-335. Incentives to foreign firms.46.4a.30 (a) For purposes of this Section:,31 "Foreign firm" meansshall meanany industrial or 32 manufacturing enterprise that is domiciled in a nation other HB0236 Enrolled -150- LRB9100031DJcdA 1 than the United States. 2 "Incentives" meansshall meana loan or grant or 3 offering, abatement, reduction, or deferral of any tax or 4 regulation imposed by the State of Illinois or a unit of 5 local government when the aggregate total of all thosesuch6 incentives will exceed $10,000. 7 (b) Whenever the Department offers incentives to a 8 foreign firm designed to result in the location or relocation 9 of a facility in this State thatwhichwill result in the 10 creation of more than 25 new jobs, the Department shall 11 prepare an economic impact study prior to the consummation of 12 an agreement with the foreign firm. An economic impact study 13 pursuant to this Section shall, if practical, include but 14 not be limited to the following: 15 (1) An analysis of the number of direct jobs to be 16 created, the number of indirect jobs to be created, and 17 the net gain in employment in relation to jobs to be 18 potentially lost by other similar and competing firms 19 within the industry located within this State.;20 (2) The effect on local and regional competition 21 within the industry from the industry or business to be 22 located or relocated.;23 (3) The degree of economic benefits of awarding the 24 same incentives to similar and existing industries or 25 businesses located within the State.;26 (4) An examination of how the location or 27 relocation of the foreign firm complements existing 28 industries or businesses located within this State.; and29 (5) The relationship of the fiscal costs to the 30 State or unit of local government resulting from the 31 incentives relative to the fiscal return to the State or 32 units of local government derived from the location or 33 relocation of the firm. 34 (c) A report of any economic impact studies prepared by HB0236 Enrolled -151- LRB9100031DJcdA 1 the Department in the previous 3 months pursuant to this 2 Section shall be transmitted to the Governor, members of the 3 General Assembly, and the Illinois Economic and Fiscal 4 Commission quarterly. In addition to the report, the 5 Department shall include a statement of incentives subject to 6 the agreement with the foreign firm, the name and type of 7 foreign firm involved and a description of its business or 8 industrial activity, the proposed location of the foreign 9 firm, and a statement describing the rationale for the 10 location relative to other locations within the State. The 11 Illinois Economic and Fiscal Commission shall evaluate each 12 report received from the Department and present the 13 evaluation and report to the Commission members and 14 legislative leaders within 30thirtydays upon receipt of 15 each report from the Department. 16 (Source: P.A. 86-820.) 17 (20 ILCS 605/605-340 new) 18 (was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54) 19 Sec. 605-340. Expenses of moving machinery or equipment. 2046.54.The Department shall annually include in the existing 21 Community Development Assistance set-aside program,monies 22 for moving expenses as an allowable activity. TheSuchgrants 23 for moving expenses shall be for costs associated with the 24 relocation of manufacturing machinery or equipment from 25 another state or territory into Illinois or from one location 26 in Illinois to another location in Illinois. No grant shall 27 be made until the machinery or equipment has been relocated 28 and installed. Grants shall be limited to thethose29 machinery or equipment actually transported and installed. 30 No single grant shall exceed $100,000. 31 (Source: P.A. 84-1308.) 32 (20 ILCS 605/605-345 new) HB0236 Enrolled -152- LRB9100031DJcdA 1 (was 20 ILCS 605/46.67) 2 Sec. 605-345.46.67.Pollution control industry 3 incentives. The Departmentof Commerce and Community Affairs4 shall examine policies and incentives that will attract 5 industries involved in the design, development, and 6 construction of pollution control devices and shall implement 7 those policies and incentives that the Department determines 8 will attract those businesses. 9 (Source: P.A. 88-339; 88-670, eff. 12-2-94.) 10 (20 ILCS 605/605-350 new) 11 (was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12) 12 Sec. 605-350. Science and research facilities.46.12.To 13 encourage the locating in Illinois of scientific and research 14 development laboratories, industrial parks, and facilities 15 and to cooperate with colleges, universities, non-profit 16 professional societies, and governmental agencies to 17 encourage the development and maximum utilization of science 18 and research facilities. 19 (Source: Laws 1965, p. 1958.) 20 (20 ILCS 605/605-355 new) 21 (was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par. 22 46.19a) 23 Sec. 605-355. Grants for research and development in 24 high technology and service sectors. 25 (a)(2)The Department is authorized to establish a 26 program of grants to universities, community colleges, 27 research institutions, research consortiums, other 28 not-for-profit entities, and Illinois businesses for the 29 purpose of fostering research and development in the high 30 technology and the service sector leading to the development 31 of new products and services that can be marketed by Illinois 32 businesses. All grant awards shall include a contract that HB0236 Enrolled -153- LRB9100031DJcdA 1whichmay provide for payment of negotiated royalties to the 2 Department if the product or service to be developed by the 3 grantee is subsequently licensed for production. 4 (b)(a)Grants may be awarded to universities and 5 research institutions to assist them in making their 6 faculties and facilities available to Illinois businesses. 7 TheSuchgrants may be used by a university or research 8 institution for purposes,including but not limited to the 9 followingpurposes: (i) to establish or enhance computerized 10 cataloging of all research labs and university staff and make 11 thosesuchcatalogues available to Illinois businesses; (ii) 12 to market products developed by the university to Illinois 13 businesses; (iii) to review publications in order to 14 identify, catalog, and inform Illinois businesses of new 15 practices in areas such as robotics and,biotechnology; (iv) 16 to build an on-line, information and technology system that 17 relies on other computerized networks in the United States; 18 and (v) to assist in securing temporary replacement for 19 faculty who are granted a leave of absence from their 20 teaching duties for the purpose of working full-time for an 21 Illinois business to assist that business with technology 22 transfer. 23 (c)(b)Grants may be awarded to universities and 24 research institutions, research consortiums, and other 25 not-for-profit entities for the purpose of identifying and 26 supporting Illinois businesses engaged in high technology and 27 service sector enterprises. TheSuchIllinois businesses 28 identified and funded shall include recipients of Small 29 Business Innovation Research Program funds under subsections 30 (e) through (k) of Section 9 of the Small Business Act.(15 31 U.S.C. 638, subsections (e) through (k)Title 15 United32States Codes, subsections 638(e)-638(k)). Entities receiving 33 grants under this subsection (c)paragraph (b)shall be known 34 as commercialization centers and shall engage in one or more HB0236 Enrolled -154- LRB9100031DJcdA 1 of the following activities: 2 (1)(i)Directing research assistance for new 3 venture creations.;4 (2)(ii)General feasibility studies of new venture 5 ideas.;6 (3)(iii)Furthering the technical and intellectual 7 skills of the managers and owners of Illinois small 8 businesses.;9 (4)(iv)Commercialization of technology and 10 research.;11 (5)(v)Development of prototypes and testing new 12 products.;13 (6)(vi)Identifyingidentifyand assistingassist14 in securing financing.;15 (7)(vii)Marketing assistance.; and16 (8)(viii)Assisting Illinois inventors in finding 17 Illinois manufacturers to produce and market their 18 inventions. 19 A commercialization center may charge a nominal fee or 20 accept royalty agreements for conducting feasibility studies 21 and other services. 22 (d)(c)Grants may be awarded by the Department to 23 Illinois businesses to fund research and consultation 24 arrangements between businesses and universities, community 25 colleges, research institutions, research consortiums, and 26 other not-for-profit entities within this State. 27 The Department shall give priority to Illinois small 28 businesses in awarding grants. Each grant awarded under this 29 subsection (d)paragraph (c)shall provide funding for up to 30 50% of the cost of the research or consultation arrangements, 31 not to exceed $100,000; provided that the grant recipient 32 utilizes Illinois not for profit research and academic 33 institutions to perform the research and development function 34 for which grant funds were requested. HB0236 Enrolled -155- LRB9100031DJcdA 1 (e)(d)Grants may be awarded to research consortiums 2consortiumand other qualified applicants, in conjunction 3 with private sector or federal funding, for other creative 4 systems that bridge university resources and business, 5 technological, production, and development concerns. 6 (f)(e)For the purposes of this Section:subsection7(2), (i) "Illinois business" means a "small business concern"8as defined in Title 15 United States Code, Section 632, which9primarily conducts its business in Illinois;10(ii)"High technology" means any area of research or 11 development designed to foster greater knowledge or 12 understanding in fields such as computer science, 13 electronics, physics, chemistry, or biology for the purpose 14 of producing designing, developing, or improving prototypes 15 and new processes.;16 "Illinois business" means a "small business concern" as 17 defined in 15 U.S.C. 632 that conducts its business 18 primarily in Illinois. 19 "Illinois research institutions" refers to not-for-profit 20 entities, which include federally funded research 21 laboratories, that conduct research and development 22 activities for the purpose of producing, designing, 23 developing, or improving prototypes and new processes. 24 "Other not-for-profit entities" means nonprofit 25 organizations based in Illinois that are primarily devoted 26 to new enterprise or product development. 27(iii)"Private sector" hasshall havethe meaning 28 ascribed to it inTitle29 U.S.C.United States Code, Section291503.;30(iv)"University" means either a degree granting 31 institution located in Illinois as defined in Section 2 of 32 the Academic Degree Act, or a State-supported institution of 33 higher learning administered by the Board of Trustees of the 34 University of Illinois, the Board of Trustees of Southern HB0236 Enrolled -156- LRB9100031DJcdA 1 Illinois University, the Board of Trustees of Chicago State 2 University, the Board of Trustees of Eastern Illinois 3 University, the Board of Trustees of Governors State 4 University, the Board of Trustees of Illinois State 5 University, the Board of Trustees of Northeastern Illinois 6 University, the Board of Trustees of Northern Illinois 7 University, the Board of Trustees of Western Illinois 8 University, or the Illinois Community College Board.;9(v)"Venture" means any Illinois business engaged in 10 research and development to create new products or services 11 with high growth potential.; (vi) Illinois research12institutions refers to not-for-profit entities, which include13federally-funded research laboratories, that conduct research14and development activities for the purpose of producing,15designing, developing, or improving prototypes and new16processes; and (vii) other not-for-profit entities means17non-profit organizations based in Illinois that are primarily18devoted to new enterprise or product development.19 (g)(f)The Department may establish a program of grant 20 assistance on a matching basis to universities, community 21 colleges, small business development centers, community 22 action agencies and other not-for-profit economic development 23 agencies to encourage new enterprise development and new 24 business formation and to encourage enterprises in this 25 State. The Department may provide grants, which shall be 26 exempt from the provisions ofsubsection (3) of thisSection 27 35-360, to universities, community colleges, small business 28 development centers, community action agencies, and other 29 not-for-profit economic development entities for the purpose 30 of making loans to small businesses. All grant applications 31 shall contain information as required by the Department, 32 including the following: a program operation plan; a 33 certification and assurance that the small business 34 applicants have received business development training or HB0236 Enrolled -157- LRB9100031DJcdA 1 education, have a business and finance plan, and have 2 experience in the proposed business area; and a description 3 of the support services thatwhichthe grant recipient will 4 provide to the small business. No more than 10% of the grant 5 may be used by the grant recipient for administrative costs 6 associated with the grant. Grant recipients may use grant 7 funds under this program to make loans on terms and 8 conditions favorable to the small business and shall give 9 priority to those businesses located in high poverty areas, 10 enterprise zones, or both. 11 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 12 eff. 8-16-97.) 13 (20 ILCS 605/605-360 new) 14 (was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par. 15 46.19a) 16 Sec. 605-360. Technology Innovation and 17 Commercialization Grants-In-Aid Council.(3)There is 18 created within the Department,a Technology Innovation and 19 Commercialization Grants-in-Aid Council, which shall consist 20 of 2 representatives of the Department of Commerce and 21 Community Affairs, appointed by the Department; one 22 representative of the Illinois Board of Higher Education, 23 appointed by the Board; one representative of science or 24 engineering, appointed by the Governor; two representatives 25 of business, appointed by the Governor; one representative of 26 small business, appointed by the Governor; one representative 27 of the Department of Agriculture, appointed by the Director 28 of Agriculture; and one representative of agribusiness, 29 appointed by the Director of Agriculture. The Director of 30 Commerce and Community Affairs shall appoint one of the 31 Department's representatives to serve as chairman of the 32 Council. The Council members shall receive no compensation 33 for their services but shall be reimbursed for their expenses HB0236 Enrolled -158- LRB9100031DJcdA 1 actually incurred by them in the performance of their duties 2 under this Sectionsubsection. The Department shall provide 3 staff services to the Council. The Council shall provide for 4 review and evaluation of all applications received by the 5 Department undersubsection (2) of thisSection 605-355 and 6 make recommendations on those projects to be funded. The 7 Council shall also assist the Department in monitoring the 8 projects and in evaluating the impact of the program on 9 technological innovation and business development within the 10 State. 11 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 12 eff. 8-16-97.) 13 (20 ILCS 605/605-365 new) 14 (was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par. 15 46.19a) 16 Sec. 605-365. Technology Innovation and 17 Commercialization Fund.(4)There is hereby created a 18 special fund in the State treasury to be known as the 19 Technology Innovation and Commercialization Fund. The moneys 20 in thesuchFund may be used, subject to appropriation, only 21 for making grants pursuant tosubsection (2) of thisSection 22 605-355 and for the purposes of the Technology Advancement 23 and Development Act. All royalties received by the Department 24 shall be deposited into thein suchFund. 25 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 26 eff. 8-16-97.) 27 (20 ILCS 605/605-370 new) 28 (was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28) 29 Sec. 605-370. Application of science and technology. 3046.28.To accept and use planning grants or other financial 31 assistance from the federal government and from other sources 32 set forth in Section 605-4047.2for support of planning HB0236 Enrolled -159- LRB9100031DJcdA 1 studies and activities, performance of administrative 2 functions, and technical services carried out under the State 3 Technical Services Act of 1965, Public Law 89-182,as now and4hereafter amended,and any subsequent legislation whose 5 purpose is to achieve a wider diffusion and more effective 6 application of science and technology in business, commerce, 7 and industry. To cooperate with colleges, universities, 8 non-profit organizations and associations, and governmental 9 agencies and to sponsor programs and activities designed to 10 encourage wider diffusion and more effective application of 11 science and technology in business, commerce, and industry. 12 (Source: Laws 1968, p. 447.) 13 (20 ILCS 605/605-375 new) 14 (was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58) 15 Sec. 605-375. Undeveloped patents.46.58.To assist in 16 the transfer of undeveloped patents held by institutions of 17 higher education in this State to Illinois technology and 18 business incubators for commercial development and 19 application. 20 (Source: P.A. 85-1209.) 21 (20 ILCS 605/605-380 new) 22 (was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60) 23 Sec. 605-380. Identifying, developing, and 24 commercializing technology.46.60.To cooperate with the 25 Illinois Coalition for the purpose of administering programs 26 the purpose of which is to identify, develop, or 27 commercialize technology or to promote private sector efforts 28 to identify, develop, or commercialize technology. 29 (Source: P.A. 86-618.) 30 (20 ILCS 605/605-385 new) 31 (was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62) HB0236 Enrolled -160- LRB9100031DJcdA 1 Sec. 605-385. Technology Challenge Grant Program; 2 Advanced Technology Investment Program.46.62.To establish 3 and administer a Technology Challenge Grant Program and an 4 Advanced Technology Investment Program as provided by the 5 Technology Advancement and Development Act and to expend 6 appropriations in accordance therewith. 7 (Source: P.A. 86-870; 86-1028.) 8 (20 ILCS 605/605-400 new) 9 (was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c) 10 Sec. 605-400. Office of Urban Assistance.46.19c.The 11 Department shall provide for, staff, and administer an Office 12 of Urban Assistance, which shall plan and coordinate existing 13 State programs designed to aid and stimulate the economic 14 growth of depressed urban areas. Among other duties assigned 15 by the Department, the Office shall have the following 16 duties: 17 (1)(a)To coordinate the activities of the 18 following units and programs of the Departmentof19Commerce and Community Affairsand all other present and 20 future units and programs of the Department thatwhich21 impact depressed urban areas to the extent that they 22 impact upon or concern urban economics: 23 (A)(1)Enterprise Zone Program.;24 (B)(2)Small Business Development Center Program.;2526 (C) Programs that(3) Program whichassist in the 27 development of community infrastructure.;28 (D)(4)Illinois House Energy Assistance Program.;29 (E)(5)Illinois Home Weatherization Assistance 30 Program.;31 (F)(6)Programs financed with Community Services 32 Block Grant funds.;33 (G)(7)Industrial Training Program.;HB0236 Enrolled -161- LRB9100031DJcdA 1 (H)(8)Technology Transfer and Innovation Program. 2;3 (I)(9)Rental Rehabilitation Program.;4 (J)(10)Displaced Homemaker Program.; and5 (K)(11)Programs under the federal Job Training 6 Partnership Act. 7 The Office shall convene quarterly meetings of 8 representatives who are designated by the Department to 9 represent the units and programs listed in items (A) 10paragraphs (1)through (K)(11). 11 (2)(b)To gather information concerning any State or 12 federal program thatwhichis designed to revitalize or 13 assist depressed urban areas in the State and to provide this 14 information to public and private entities upon request. 15 (3)(c)To promote and assist in developing urban inner 16 city industrial parks. 17 (4)(d)To promote economic parity and the autonomy of 18 citizens of this State through promoting and assisting the 19 development of urban inner city small business development 20 centers, urban youth unemployment projects, small business 21 incubators, family resource centers, urban developments banks 22 ,;self managed urban businesses, and plans for urban 23 infrastructure projects over the next 25 years. 24 (5)(e)To recommend to the General Assembly and the 25 Governor economic policies for urban areas and planning 26 models that will result in the reconstruction of the economy 27 of urban areas, especially those urban areas where 28 economically and socially disadvantaged people live, to the29General Assembly and the Governor. 30 (6)(f)To make recommendations to the General Assembly 31 and the Governor on the establishment of urban economic 32 policy in the areas of (i)(1)housing, (ii)(2)scientific 33 research, (iii)(3)urban youth unemployment, (iv)(4)34 business incubators and family resource centers in urban HB0236 Enrolled -162- LRB9100031DJcdA 1 inner cities, and (v)(5)alternative energy resource 2 development, and the need thereof, in urban areas as part of 3 the department's 5-yearfive yearplan for economic 4 development. 5 (7)(g)To make any rules and regulations necessary to 6 carry out its responsibilities under the Civil Administrative 7 Code of Illinoisthis Act. 8 (8)(h)To encourage new industrial enterprises to 9 locate in urban areas (i) through educational promotions that 10whichpoint out the opportunities of any such area as a 11 commercial and industrial field of opportunity,and (ii) by 12 the solicitation of industrial enterprises; and to dosuch13 other acts thatas shall, in the judgment of the Office, are 14benecessary and proper in fostering and promoting the 15 industrial development and economic welfare of any urban area 16 ., howeverThe Office, however, shall have no power to 17 require reports from or to regulate any business. 18 (9)(i)To accept grants, loans, or appropriations from 19 the federal government or the State, or any agency or 20 instrumentality thereof, to be used for the operating 21 expenses of the Office,or for any purposes of the Office, 22 including the making of direct loans or grants of thosesuch23 funds for public, private, experimental, or cooperative 24 housing, scientific research, urban inner city industrial 25 parks, urban youth employment projects, business incubators, 26 urban infrastructure development, alternative energy resource 27 development, community facilities needed in urban areas, and 28 any other purpose related to the revitalization of urban 29 areas. 30 (Source: P.A. 84-1090.) 31 (20 ILCS 605/605-405 new) 32 (was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a) 33 Sec. 605-405. Jobs and investment in economic development HB0236 Enrolled -163- LRB9100031DJcdA 1 project area.46.5a.To encourage the creation or retention 2 of not less than 2,000 full-time equivalent jobs and that 3 private investment in the amount of not less than 4 $100,000,000 shall occur in an economic development project 5 area as defined in the Economic Development Area Tax 6 Increment Allocation Act: by securing by acquisition, gift, 7 grant, exchange, or purchase the rights of way, easements, 8 andsuchfee simple titles thatasmay be necessary to any 9 and all real property required for site acquisition for use 10 in retaining such industry or business concern; by improving 11 or arranging to improve real property so acquired, including 12 but not limited to local public infrastructure improvements; 13 private structural improvements on the land; and by leasing 14 or conveying thesuchland,or interest in land,so acquired 15 and so improved. 16 For the purpose of this Section, "local public 17 infrastructure improvements" means local roads and streets, 18 access roads, bridges, and sidewalks; waste disposal systems, 19 water and sewer line extensions, water distribution and 20 purification facilities, and sewage treatment facilities; 21 rail or air or water port improvements; gas and electric 22 utility facilities; transit capital facilities; development 23 and improvement of publicly owned industrial and commercial 24 sites; or other public capital improvements thatwhichare an 25 essential precondition to a business retention of that 26 industry or business concern as defined in this Section. 27 (Source: P.A. 86-38.) 28 (20 ILCS 605/605-410 new) 29 (was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d) 30 Sec. 605-410. Rural community development.46.19d.The 31 Department shall provide for staff for and administer a 32 program in which the Department shall plan and coordinate 33 State efforts designed to aid and stimulate the development HB0236 Enrolled -164- LRB9100031DJcdA 1 of rural communities as well as other communities with 2 special needs in order to improve their competitiveness for 3 business retention, expansion, and attraction. Among other 4 duties, the Department, through the program, may do all of 5 the following: 6 (1)(a)Provide information, technical support, and 7 assistance to local officials, including, but not limited to, 8 assistance in grant applications, developing economic 9 development strategies, and complying with State and federal 10 laws and rules and regulations affecting local governments. 11 All State agencies shall cooperate with the program to 12 provide the necessary information, materials, and assistance 13 to enable the Department to carry out its function in the 14 program in an effective manner. Each agency shall designate 15 an individual to serve as liaison to the program to provide 16 information and materials and to respond to requests for 17 assistance from communities selecting to work through this 18 program. 19 (2)(b)Work with agencies in developing flexible 20 regulations through a regulatory review program. 21 (3)(c)Evaluate and review the impact of existing 22 economic development programs on the rural and special need 23 communities selecting to work through this program. 24 (4)(d)Assist the communities in conducting 25 self-assessments to identify specific industries and 26 businesses in need of targeted assistance as well as actions 27 that the community might take to become more competitive for 28 business retention, expansion, and attraction. 29 (5)(e)Assist in formulating specific and measurable 30 economic development objectives for rural and special need 31 communities selecting to work through the program. 32 (6)(f)Administer the Rural Diversification Act. 33 (7)(g)Provide grants for the purposes described in 34 this Section with funds as appropriated by the General HB0236 Enrolled -165- LRB9100031DJcdA 1 Assembly. 2 (Source: P.A. 89-262, eff. 8-10-95.) 3 (20 ILCS 605/605-415 new) 4 (was 20 ILCS 605/46.19j) 5 Sec. 605-415.46.19j.Job Training and Economic 6 Development Demonstration Grant Program. 7 (a) Legislative findings. The General Assembly finds 8 that: 9 (1) Despite the large number of unemployed job 10 seekers, many employers are having difficulty matching 11 the skills they require with the skills of workers; a 12 similar problem exists in industries where overall 13 employment may not be expanding but there is an acute 14 need for skilled workers in particular occupations.;15 (2) The State of Illinois should foster local 16 economic development by linking the job training of 17 unemployed disadvantaged citizens with the workforce 18 needs of local business and industry.; and19 (3) Employers often need assistance in developing 20 training resources that will provide work opportunities 21 for disadvantaged populations. 22 (b) Definitions. As used in this Section: 23 "Community based provider" means a not-for-profit 24 organization, with local boards of directors, that directly 25 provides job training services. 26 "Disadvantaged persons" has the same meaning asthe term27is definedin Titles II-A and II-C of the federal Job 28 Training Partnership Act. 29 "Training partners" means a community-based provider and 30 one or more employers who have established training and 31 placement linkages. 32 (c) From funds appropriated for that purpose, the 33 Department of Commerce and Community Affairs shall administer HB0236 Enrolled -166- LRB9100031DJcdA 1 a Job Training and Economic Development Demonstration Grant 2 Program. The Director shall make not less than 12 and not 3 more than 20 demonstration project grants to community-based 4 providers. The grants shall be made to support the 5 following: 6 (1) Partnerships between community-based providers 7 and employers for the customized training of existing 8 low-skilled, low-wage employees and newly hired 9 disadvantaged persons.; and10 (2) Partnerships between community-based providers 11 and employers to develop and operate training programs 12 that link the work force needs of local industry with the 13 job training of disadvantaged persons. 14 (d) For projects created under paragraph (1) of 15 subsection (c): 16 (1) The Department shall give a priority to 17 projects that include an in-kind match by an employer in 18 partnership with a community-based provider and projects 19 that use instructional materials and training instructors 20 directly used in the specific industry sector of the 21 partnership employer.; and22 (2) The partnership employer must be an active 23 participant in the curriculum development, employ under 24 250 workers, and train primarily disadvantaged 25 populations. 26 (e) For projects created under paragraph (2) of 27 subsection (c): 28 (1) Community based organizations shall assess the 29 employment barriers and needs of local residents and work 30 in partnership with local economic development 31 organizations to identify the priority workforce needs of 32 the local industry.;33 (2) Training partners,(that is, community-based 34 organizations and employers),shall work together to HB0236 Enrolled -167- LRB9100031DJcdA 1 design programs with maximum benefits to local 2 disadvantaged persons and local employers.;3 (3) Employers must be involved in identifying 4 specific skill-training needs, planning curriculum, 5 assisting in training activities, providing job 6 opportunities, and coordinating job retention for people 7 hired after training through this program and follow-up 8 support.; and9 (4) The community-based organizations shall serve 10 disadvantaged persons, including welfare recipients. 11 (f) The Department shall adopt rules for the grant 12 program and shall create a competitive application procedure 13 for those grants to be awarded beginning in fiscal year 1998. 14 Grants shall be based on a performance based contracting 15 system. Each grant shall be based on the cost of providing 16 the training services and the goals negotiated and made a 17 part of the contract between the Department and the training 18 partners. The goals shall include the number of people to be 19 trained, the number who stay in the program, the number who 20 complete the program, the number who enter employment, their 21 wages, and the number who retain employment. The level of 22 success in achieving employment, wage, and retention goals 23 shall be a primary consideration for determining contract 24 renewals and subsequent funding levels. In setting the 25 goals, due consideration shall be given to the education, 26 work experience, and job readiness of the trainees; their 27 barriers to employment; and the local job market. Periodic 28 payments under the contracts shall be based on the degree to 29 which the relevant negotiated goals have been met during the 30 payment period. 31 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98; 32 90-758, eff. 8-14-98.) 33 (20 ILCS 605/605-450 new) HB0236 Enrolled -168- LRB9100031DJcdA 1 (was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g) 2 Sec. 605-450.46.19g.Community economic emergencies. 3 (a) Upon the recommendation of the Directorof Commerce4and Community Affairs, the Governor may find that an economic 5 emergency exists in a designated Illinois community. The 6 finding shall be based on one or more of the following 7 conditions: 8 (1) There has been a relocation or closing of 9 operations of a major private employer in the community.;1011 (2) There has been a closing or relocation of a 12 major public employer in the community.;13 (3) A natural disaster has resulted in substantial 14 damage to the local economy.;15 (4) The community or a portion of it has been 16 declared a disaster area by the federal government.; or17 (5) A decision by the federal or State government,18 or by a foreign government,has done substantial damage 19 to the local economy. 20 (b) Upon a finding by the Governor that an economic 21 emergency exists in a designated Illinois community, the 22 Governor shall convene an Economic Emergency Council. The 23 Council shall consist of 11 members as follows: the Director 24 of Commerce and Community Affairs, ex officio, the Director 25 of the Illinois Development Finance Authority, ex officio, 26 the Director of the Illinois Housing Development Authority, 27 ex officio, and 8 members representing the designated 28 community appointed by the Governor with the advice and 29 consent of the Senate. Of the 8 members appointed by the 30 Governor, 4 shall be representatives of business and finance, 31 2 shall be representatives of labor, and 2 shall be 32 representatives of education. Each member of the General 33 Assembly whose legislative district or representative 34 district lies in whole or in part within the designated HB0236 Enrolled -169- LRB9100031DJcdA 1 community shall also be a member of the Council, ex officio. 2 Members of a Council shall serve without compensation,but 3 may be reimbursed for their reasonable and necessary expenses 4 incurred in the performance of their duties. 5 (c) An Economic Emergency Council shall develop a plan 6 to address the designated community's economic needs and 7 shall recommend that plan to the Governor and to the General 8 Assembly for further resolution and appropriation. The plan 9 may include extending enterprise zone tax incentives, making 10 economic development business loans and grants, making 11 infrastructure rehabilitation loans and grants, extending job 12 training and retraining assistance, extending tax increment 13 financing, and other appropriate economic programs or 14 incentives. 15 (d) The Illinois Economic Emergency Assistance Fund is 16 created as a special fund in the State treasury for the 17 purpose of channeling moneys to designated communities upon 18 further resolution and appropriation by the General 19 Assembly. In addition to amounts that may be appropriated to 20 the fund, gifts or grants from any legal source may be 21 deposited into the fund. Any fees or other charges collected 22 by the Department in connection with programs under this 23 Section shall also be deposited into the fund. 24 (Source: P.A. 86-455.) 25 (20 ILCS 605/605-490 new) 26 (was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10) 27 Sec. 605-490. Recommending legislation.46.10.To 28 recommend legislation relating to the economic development of 29 the State. 30 (Source: Laws 1965, p. 1958.) 31 (20 ILCS 605/605-495 new) 32 (was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19) HB0236 Enrolled -170- LRB9100031DJcdA 1 Sec. 605-495. Other acts to foster and promote industrial 2 development and economic welfare.46.19.To dosuchother 3 acts thatas shall, in the judgment of the Department, arebe4necessary and proper in fostering and promoting the 5 industrial development and economic welfare of the State. The 6 Department, however, shall have no power to require reports 7 from or to regulate any business. 8 (Source: Laws 1965, p. 1958.) 9 (20 ILCS 605/605-500 new) 10 (was 20 ILCS 605/46.13) (from Ch. 127, par. 46.13) 11 Sec. 605-500. Business Assistance Office.46.13.To 12 create a Business Assistance Office to do the following: 13 (1)(a)Provide information to new and existing 14 businesses for all State government forms and applications 15 and make this information readily available through a 16 business permit center. The Office shall not assume any 17 regulatory function. All State agencies shall cooperate with 18 the business permit center to provide the necessary 19 information, materials, and assistance to enable the center 20 to carry out its function in an effective manner. Each 21 agency shall designate an individual to serve as liaison to 22 the center to provide information and materials and to 23 respond to requests for assistance from businesses. 24 (2)(b)Provide technical and managerial assistance to 25 entrepreneurs and small businesses by (i)(1)contracting 26 with local development organizations, chambers of commerce, 27 and industry or trade associations with technical and 28 managerial expertise located in the State, whenever possible, 29 and (ii)(2)establishing a network of small business 30 development centers throughout the State. 31 (3)(c)Assess the fiscal impact of proposed rules upon 32 small business and work with agencies in developing flexible 33 regulations through a regulatory review program. HB0236 Enrolled -171- LRB9100031DJcdA 1 (4)(d)Provide detailed and comprehensive assistance to 2 businesses interested in obtaining federal or State 3 government contracts through a network of local procurement 4 centers. The Department shall make a special and continuing 5 effort to assist minority and female owned businesses, 6 including but not limited to the designation of special 7 minority and female business advocates, and shall make 8 additional efforts to assist those located in labor surplus 9 areas. The Department shall, through its network of local 10 procurement centers, make every effort to provide 11 opportunities for small businesses to participate in the 12 procurement process. The Department shall utilize one or 13 more of the following techniques. These techniques are to be 14 in addition to any other procurement requirements imposed by 15 Public Act 83-1341this amendatory Act of 1984or by any 16 other Act. 17 (A)(1)Advance notice by the Department or other 18 appropriate State entity of possible procurement 19 opportunities should be made available to interested 20 small businesses. 21 (B)(2)Publication of procurement opportunities in 22 publications likely to be obtained by small businesses. 23 (C)(3)Direct notification, whenever the 24 Department deems it feasible, of interested small 25 businesses. 26 (D)(4)Conduct of public hearings and training 27 sessions, when possible, regarding State and federal 28 government procurement policies. 29(5)The Department of Central Management Services shall 30 cooperate with the Department in providing information on the 31 method and procedure by which a small business becomes 32 involved in the State or federal government procurement 33 process. 34 (5)(e)Study the total number of registrations, HB0236 Enrolled -172- LRB9100031DJcdA 1 licenses, and reports thatwhichmust be filed in order to do 2 business in this State, seek input from the directors of all 3 regulatory agencies, and submit a report on how this 4 paperwork might be reduced to the Governor and the General 5 Assembly no later than January 1, 1985. 6 (Source: P.A. 86-808; 87-235.) 7 (20 ILCS 605/605-505 new) 8 (was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15) 9 Sec. 605-505. Aid in obtaining governmental and private 10 services.46.15.To aid Illinois businesses in obtaining 11 services available from governmental and private sources. 12 (Source: Laws 1965, p. 1958.) 13 (20 ILCS 605/605-510 new) 14 (was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h) 15 Sec. 605-510. Study of laws affecting small business. 1646.19h.To study the effect of laws affecting small business 17 to determine whetherifthose laws impede the creation of 18 small businesses or create economic damages for any small 19 business group that may jeopardize the small business group's 20 continuation in the marketplace or its valuable contribution 21 to the economic growth of this State. The study shall be 22 conducted in cooperation with the department or agency 23 administering the law whose effect is the subject of the 24 study. A general study of the laws affecting the creation of 25 small businesses in this State shall be undertaken by the 26 Department and the results shall be reported to the Governor 27 and the General Assembly by January 1, 1996. 28 An economic impact review shall be made at least every 2 29 years, and pertinent information shall be gathered from the 30 business segment affected to determine whetherifthe laws 31 need amendment to relieve business losses while retaining the 32 substance of the legislation, or whether the original purpose HB0236 Enrolled -173- LRB9100031DJcdA 1 has been accomplished and the laws should be repealed. The 2 review shall be reported to the Governor, the General 3 Assembly, and the administrating State agency, as well as to 4 the business associations most directly representing the 5 business group involved. 6 The Director shall appoint a task force to assist the 7 Department in conducting the studies and reviews required 8 under this Section. The task force shall consist of persons 9 representing small business and persons representing the 10 affected State departments and agencies. Members of the task 11 force shall serve without compensation but may be reimbursed 12 for necessary expenses in connection with their duties out of 13 money available to the Department for that purpose. 14 (Source: P.A. 89-259, eff. 8-10-95.) 15 (20 ILCS 605/605-515 new) 16 (was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a) 17 Sec. 605-515.46.13a.Environmental Regulatory Assistance 18 Program. 19 (a)The following terms, whenever used or referred toIn 20 this Section,shall have the following meanings ascribed to21them,except where the context clearly requires otherwise,:22(1)"small business stationary source" means a business that 23 is owned or operated by a person that employs 100 or fewer 24 individuals; is a small business; is not a major stationary 25 source as defined in Titles I and III of the federal 1990 26 Clean Air Act Amendments; does not emit 50 tons or more per 27 year of any regulated pollutant (as defined under the federal 28 Clean Air Act); and emits less than 75 tons per year of all 29 regulated pollutants. 30(2) "Department" means the Illinois Department of31Commerce and Community Affairs.32 (b) The Department may: 33 (1) Provide access to technical and compliance HB0236 Enrolled -174- LRB9100031DJcdA 1 information for Illinois firms, including small and 2 middle market companies, to facilitate local business 3 compliance with the federal, State, and local 4 environmental regulations. 5 (2) Coordinate and enter into cooperative 6 agreements with a State ombudsman office, which shall be 7 established in accordance with the federal 1990 Clean Air 8 Act Amendments to provide direct oversight to the program 9 established under that Act. 10 (3) Enter into contracts, cooperative agreements, 11 and financing agreements and establish and collect 12 charges and fees necessary or incidental to the 13 performance of duties and the execution of powers under 14 this Section. 15 (4) Accept and expend, subject to appropriation, 16 gifts, grants, awards, funds, contributions, charges, 17 fees, and other financial or nonfinancial aid from 18 federal, State, and local governmental agencies, 19 businesses, educational agencies, not-for-profit 20 organizations, and other entities, for the purposes of 21 this Section. 22 (5) Establish, staff, and administer programs and 23 services and adopt such rules and regulationsas may be24 necessary to carry out the intent of this Section and 25 Section 507, "Small Business Stationary Source Technical 26 and Environmental Compliance Assistance Program", of the 27 federal 1990 Clean Air Act Amendments. 28 (c) The Department's environmental compliance programs 29 and services for businesses may include, but need not be 30 limited to, the following: 31 (1) Communication and outreach services to or on 32 behalf of individual companies, including collection and 33 compilation of appropriate information on regulatory 34 compliance issues and control technologies, and HB0236 Enrolled -175- LRB9100031DJcdA 1 dissemination of thatsuchinformation through 2 publications, direct mailings, electronic communications, 3 conferences, workshops, one-on-one counseling, and other 4 means of technical assistance. 5 (2) Provision of referrals and access to technical 6 assistance, pollution prevention and facility audits, and 7 otherwise serving as an information clearinghouse on 8 pollution prevention through the coordination of the 9 Waste Management and Research Center, a division of the 10 Department of Natural Resources. In addition, 11 environmental and regulatory compliance issues and 12 techniques, which may include business rights and 13 responsibilities, applicable permitting and compliance 14 requirements, compliance methods and acceptable control 15 technologies, release detection, and other applicable 16 information may be provided. 17 (3) Coordination with and provision of 18 administrative and logistical support to the State 19 Compliance Advisory Panel. 20 (d) There is hereby created a special fund in the State 21 Treasury to be known as the Small Business Environmental 22 Assistance Fund. Monies received under subdivision (b)(4) of 23 this Section shall be deposited into the Fund. 24 Monies in the Small Business Environmental Assistance 25 Fund may be used, subject to appropriation, only for the 26 purposes authorized by this Section. 27 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.) 28 (20 ILCS 605/605-520 new) 29 (was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63) 30 Sec. 605-520. Grants to businesses in municipal central 31 business districts.46.63.To award grants to businesses in 32 central business districts of municipalities to encourage and 33 assist the businessesbusinessin maintaining their HB0236 Enrolled -176- LRB9100031DJcdA 1 operationsits operationin those areasthat area. 2 (Source: P.A. 87-156.) 3 (20 ILCS 605/605-525 new) 4 (was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55) 5 Sec. 605-525. Minority Controlled and Female Controlled 6 Business Loan Board.46.55.There is hereby created a 7 Minority Controlled and Female Controlled Businesses Loan 8 Board, hereinafter referred to as the Board, consisting of 6 9 members,appointed by the Governor with the advice and 10 consent of the Senate. No more than 3 members shall be of 11 the same political party. For the initial appointments to 12 the Board, 3 members shall be appointed to serve a 2 year 13 term and 3 members shall be appointed to serve a 4 year term. 14 Successor members shall serve for terms of 4 years. 15 The Board shall maintain an office in each of the 16 following areas: Alexander or Pulaski County, East St. Louis, 17 and the City of Chicago. For the purpose of this Act, the 18 terms "minority person", "female", "minority owned business" 19 and "female owned business" shall have the definitions of 20 those terms provided in Section 2 of the Business Enterprise 21 for Minorities, Females, and Persons with Disabilities Act 22"An Act to create the Minority and Female Business Enterprise23Act", approved September 6, 1984. 24 The Board shall have the authority to make direct grants 25 and low interest loans to minority controlled businesses and 26 female controlled businesses in East St. Louis, the City of 27 Chicago, and either Alexander County or Pulaski County,from 28 appropriations for that purpose to the Departmentof Commerce29and Community Affairs. The Board shall establish and publish 30 guidelines to be followed in making thesuchgrants and 31 loans. 32 Grant funds will be allowed to reimburse businesses for 33 expenses incurred in the preparation of proposals that are HB0236 Enrolled -177- LRB9100031DJcdA 1 accepted for loan assistance and; also,to maintain 2 administering offices in each of the 4 target areas. Loan 3 funds will be awarded at a cost of no more than 3% per annum 4 for up to 20 years tosuchbusinesses that are existing or 5 proposed. 6 (Source: P.A. 84-1308.) 7 (20 ILCS 605/605-575 new) 8 (was 20 ILCS 605/46.69) 9 Sec. 605-575.46.69.State building requirements. After 10 the Department has received the recommendations from the 11 Illinois Building Commission, the Department shall establish 12 a consolidated clearinghouse containing all existing State 13 building requirements and all information concerning those 14 requirements. The Department shall make the information 15 available to the public upon request. The Department shall 16 assist the public in determining which State building 17 requirements apply to any specified project. 18 (Source: P.A. 90-269, eff. 1-1-98.) 19 (20 ILCS 605/605-600 new) 20 (was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f) 21 Sec. 605-600. Buy Illinois Program.46.19f.The 22 Departmentof Commerce and Community Affairsshall have the 23 authority to establish and administer a Buy Illinois Program, 24 which may include, but is not limited to, the following 25 powers and duties: 26 (1) To accept grants, loans, or appropriations from the 27 federal government or the State or any agency or 28 instrumentality thereof, and to assess fees for any services 29 performed under the Buy Illinois Program, to carry out the 30 program. 31 (2) To form a Buy Illinois Council, made up of Illinois 32 large firms and small firms, to provide advice and counsel in HB0236 Enrolled -178- LRB9100031DJcdA 1 directing a statewide program. 2 (3) To publicize and advertise to Illinois firms and 3 government agencies the importance and benefits of buying 4 goods and services provided by vendors located within the 5 State. 6 (4) To secure the cooperation of Illinois' large firms, 7 federal, State and local governments, non-profit agencies, 8 international organizations, and others to carry out this 9 program. 10 (5) To match the needs for products and services by 11 business firms and government agencies with the capabilities 12 of small Illinois firms that can provide thosesuchneeded 13 goods and services. 14 (6) To hold purchasing agent seminars, fairs, 15 conferences and workshops to aid small Illinois businesses in 16 obtaining contracts for goods and services from larger firms 17 and government agenciestowithin the State. 18 (7) To assist business firms and government agencies to 19 analyze their buying activities and to find ways to carry out 20 thosesuchactivities in an effective and economical manner, 21 while promoting subcontract activity with small Illinois 22 firms. 23 (8) To establish manual and electronic buying 24 directories, including stand alone computer data bases that 25 list qualified vendors and procurement opportunities. 26 (9) To promote through other means the use by 27 international agencies, government agencies, and larger 28 businesses of products and services produced by small 29 Illinois firms. 30 (10) To subcontract, grant funds, or otherwise 31 participate with qualified private firms, existing 32 procurement centers, or other organizations that have 33 designed programs approved in accordance with proceduresas34 determined by the Department, thatwhichare aimed at HB0236 Enrolled -179- LRB9100031DJcdA 1 assisting small Illinois firms in obtaining contracts for 2 products and services from local government agencies and 3 larger Illinois businesses. 4 (11) To develop and administer guidelines for projects 5 that provide assistance to the Department in connection with 6 the Buy Illinois Program. 7 (Source: P.A. 85-975; 86-1475.) 8 (20 ILCS 605/605-605 new) 9 (was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57) 10 Sec. 605-605. Illinois Product and Services Exchange Act. 1146.57.(a) This Sectionshall be known andmay be cited as 12 the"Illinois Product and Services Exchange Act". 13 (b) It is hereby found and declared that many large 14 Illinois firms and government agencies are purchasing 15 products and services from vendors in locations other than 16 Illinois, and that there is a need to assist thosesuchlarge 17 businesses and government agencies in locating Illinois 18 vendors who can provide thosesuchproducts and services of 19 equal quality and at comparable or lower costs; it is further 20 found and declared that the purchase of needed products and 21 services within the State by large firms and government 22 agencies would aid the survival and expansion of small 23 businesses in Illinois and help to strengthen the State's 24 economy. 25 (c) As used in this Section, "Illinois Product and 26 Services Exchange" means a program aimed at promoting the 27 purchase of goods and services produced in Illinois by firms 28 and government agencies within the State. 29 (d) The Department shall have the authority to establish 30 and administer an Illinois Product and Services Exchange 31 Program, which may include, but is not limited to, the 32 following powers and duties: 33 (1) To accept grants, loans, or appropriations from HB0236 Enrolled -180- LRB9100031DJcdA 1 the federal government or the State or any agency or 2 instrumentality thereof, and to assess fees for any 3 services performed under the Illinois Product and 4 Services Exchange Program, to carry out the Program.;5 (2) To form an Illinois Product and Services 6 Exchange Council, made up of Illinois large firms and 7 small firms to provide advice and counsel in directing a 8 statewide Product and Services Exchange Program.;9 (3) To publicize and advertise to Illinois firms 10 and government agencies the importance and benefits of 11 buying goods and services provided by vendors located 12 within the State.;13 (4) To secure the cooperation of Illinois' large 14 firms, federal, State, and local governments, non-profit 15 agencies, and others to carry out this program.;16 (5) To match the needs for products and services of 17 business firms and government agencies with the 18 capabilities of small Illinois firms that can provide 19 thosesuchneeded goods and services.;20 (6) To hold purchasing agent seminars, fairs, 21 conferences, and workshops to aid small Illinois 22 businesses in obtaining contracts for goods and services 23 from larger firms and government agencies within the 24 State.;25 (7) To assist business firms and government 26 agencies to analyze their buying activities and to find 27 ways to carry out thosesuchactivities in an effective 28 and economical manner, while promoting subcontract 29 activity with small Illinois firms.;30 (8) To establish manual and electronic buying 31 directories, including stand alone computer data bases 32 that list qualified vendors and procurement opportunities 33 .;34 (9) To promote through other means the use by HB0236 Enrolled -181- LRB9100031DJcdA 1 government agencies and large businesses of products and 2 services produced by small Illinois firms.;3 (10) To subcontract, grant funds, or otherwise 4 participate with qualified private firms, existing 5 procurement centers, or other organizations that have 6 designed programs, approved in accordance with procedures 7 determined by the Department, thatwhichare aimed at 8 assisting small Illinois firms obtain contracts for 9 products and services from local government agencies and 10 large Illinois businesses.; and11 (11) To develop and administer guidelines for 12 projects that provide assistance to the Department in 13 connection with the Illinois Product and Services 14 Exchange Program. 15 (Source: P.A. 85-138.) 16 (20 ILCS 605/605-610 new) 17 (was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14) 18 Sec. 605-610. Assistance with foreign trade.46.14.To 19 assist Illinois businesses to engage in, expand, and increase 20 foreign trade. 21 (Source: Laws 1965, p. 1958.) 22 (20 ILCS 605/605-615 new) 23 (was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e) 24 Sec. 605-615. Assistance with exports.46.19e.The 25 Department shall have the following duties and 26 responsibilities in regard to the Civil Administrative Code 27 of Illinoisthis Act: 28 (1) To(a)establish or cosponsor mentoring conferences, 29 utilizing experienced manufacturing exporters, to explain and 30 provide information to prospective export manufacturers and 31 businesses concerning the process of exporting to both 32 domestic and international opportunities.;HB0236 Enrolled -182- LRB9100031DJcdA 1 (2) To(b)provide technical assistance to prospective 2 export manufacturers and businesses seeking to establish 3 domestic and international export opportunities.;4 (3) To(c)coordinate with the Department's Small 5 Business Development Centers to link buyers with prospective 6 export manufacturers and businesses.;7 (4) To(d)promote, both domestically and abroad, 8 products made in Illinois in order to inform consumers and 9 buyers of their high quality standards and craftsmanship.;10 (5) To(e)provide technical assistance toward 11 establishment of export trade corporations in the private 12 sector.;13 (6) To(f)develop an electronic data base to compile 14 information on international trade and investment activities 15 in Illinois companies, provide access to research and 16 business opportunities through external data bases, and 17 connect this data base through international communication 18 systems with appropriate domestic and worldwide networks 19 users.;20 (7) To(g)collect and distribute to foreign commercial 21 libraries directories, catalogs, brochures, and other 22 information of value to foreign businesses considering doing 23 business in this State.;24 (8) To(h)establish an export finance awareness program 25 to provide information to banking organizations about methods 26 used by banks to provide financing for businesses engaged in 27 exporting and about other State and federal programs to 28 promote and expedite export financing.; and29 (9) To(i)undertake a survey of Illinois' businesses to 30 identify exportable products and the businesses interested in 31 exporting. 32 (Source: P.A. 85-975.) 33 (20 ILCS 605/605-620 new) HB0236 Enrolled -183- LRB9100031DJcdA 1 (was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24) 2 Sec. 605-620. Exports of professional services and 3 agricultural and manufactured products.46.24.In cooperation 4 with the Department of Agriculture and the International 5 Trade and Port Promotion Advisory Committee, to (i)(a)6 provide assistance to those manufacturing and service 7 companies thatwhodesire to export agricultural machinery, 8 implements, equipment, other manufactured products, and 9 professional services; (ii)(b)encourage Illinois companies 10 to initiate exporting or increase their export sales of 11 agricultural and manufactured products; (iii)(c)cooperate 12 with agencies and instrumentalities of the federal government 13 in trade development activities in overseas markets; (iv)(d)14conduct the necessary research within Illinois and in 15 overseas markets in order to assist exporting companies; (v) 16(e)promote the State of Illinois as a source of agricultural 17 and manufactured products through information and promotion 18 campaigns overseas; and (vi)(f)conduct an information 19 program for foreign buyers of Illinois agricultural and 20 manufactured products. 21 (Source: P.A. 77-1335.) 22 (20 ILCS 605/605-625 new) 23 (was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25) 24 Sec. 605-625. Promotion of water ports and airport 25 facilities.46.25.In cooperation with the Department of 26 Agriculture and the International Trade and Port Promotion 27 Advisory Committee, to (i)(a)establish a freight rate 28 information service for U.S. and foreign shippers; (ii)(b)29 promote the advantages of Illinois water ports and existing 30 airport facilities through appropriate means and media in 31 this country and overseas; and (iii)(c)cooperate with the 32 export expansion projects and any other activity that results 33 in the additional flow of agricultural and manufactured HB0236 Enrolled -184- LRB9100031DJcdA 1 products through the Illinois water ports and existing 2 airport facilities. 3 (Source: P.A. 77-1335.) 4 (20 ILCS 605/605-630 new) 5 (was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26) 6 Sec. 605-630. Overseas offices.46.26.In cooperation 7 with the Department of Agriculture and with the counsel of 8 the International Trade and Port Promotion Advisory 9 Committee, to establish overseas offices for (i)(a)the 10 promotion of the export of Illinois agricultural and 11 manufactured products; (ii)(b)representation of Illinois 12 seaports; (iii)(c)economic development; and (iv)(d)13 tourism promotion and services. 14 (Source: P.A. 78-255.) 15 (20 ILCS 605/605-675 new) 16 (was 20 ILCS 605/46.66) 17 Sec. 605-675.46.66.Exporter award program. The 18 Department shall establish and operate, in cooperation with 19 the Department of Agriculture and the Illinois Development 20 Finance Authority, an annual awards program to recognize 21 Illinois-based exporters. In developing criteria for the 22 awards, the Department shall give consideration to the 23 exporting efforts of small and medium sized businesses, 24 first-time exporters, and other appropriate categories. 25 (Source: P.A. 88-100; 88-670, eff. 12-2-94.) 26 (20 ILCS 605/605-700 new) 27 (was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6) 28 Sec. 605-700. Tourism promotion.46.6.To encourage and 29 promote tourism within the State. 30 (Source: Laws 1965, p. 1958.) HB0236 Enrolled -185- LRB9100031DJcdA 1 (20 ILCS 605/605-705 new) 2 (was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a) 3 Sec. 605-705. Grants to local tourism and convention 4 bureaus.Sec. 46.6a.5 (a)(1)To establish a grant program for local tourism 6 and convention bureaus. The Department will develop and 7 implement a program for the use of funds, as authorized under 8 this Act, by local tourism and convention bureaus. For the 9 purposes of this Act, bureaus eligible to receive funds are 10 defined as those bureaus in legal existence as of January 1, 11 1985 that, whichare either a unit of local government or 12 incorporated as a not-for-profit organization, are affiliated 13 with at least oneor moremunicipality or county, and employ 14 one full time staff person whose purpose is to promote 15 tourism. Each bureau receiving funds under this Act will be 16 certified by the Department as the designated recipient to 17 serve an area of the State. These funds may not be used in 18 support of the Chicago Worlds Fair. 19 (b)(2)To distribute grants to local tourism and 20 convention bureaus from appropriations made from the Local 21 Tourism Fund for that purpose. Of the amounts appropriated 22 annually to the Department for expenditure under this 23 Section, one-third1/3of thosesuchmonies shall be used for 24 grants to convention and tourism bureaus in cities with a 25 population greater than 500,000. The remaining two-thirds2/326of the annual appropriation shall be used for grants to 27 convention and tourismsuchbureaus in the remainder of the 28 State, in accordance with a formula based upon the population 29 served. The Department may reserve up to 10% of the total 30 appropriated to conduct audits of grants, to provide 31 incentive funds to those bureaus thatwhichwill conduct 32 promotional activities designed to further the Department's 33 statewide advertising campaign, to fund special statewide 34 promotional activities, and to fund promotional activities HB0236 Enrolled -186- LRB9100031DJcdA 1 thatwhichsupport an increased use of the State's parks or 2 historic sites. 3 (Source: P.A. 90-26, eff. 7-1-97.) 4 (20 ILCS 605/605-710 new) 5 (was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c) 6 Sec. 605-710.46.6c.Regional tourism development 7 organizations. The Department may, subject to appropriation, 8 provide contractual funding from the Tourism Promotion Fund 9 for the administrative costs of not-for-profit regional 10 tourism development organizations that assist the Department 11 in developing tourism throughout a multi-county geographical 12 area designated by the Department. Regional tourism 13 development organizations receiving funds under this Section 14 may be required by the Department to submit to audits of 15 contracts awarded by the Department to determine whether the 16 regional tourism development organization has performed all 17 contractual obligations under those contracts. 18 Every employee of a regional tourism development 19 organization receiving funds under this Section shall 20 disclose to the organization'sitsgoverning board and to the 21 Department any economic interest that employee may have in 22 any entity with which the regional tourism development 23 organization has contracted or to which the regional tourism 24 development organization has granted funds. 25 (Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98.) 26 (20 ILCS 605/605-715 new) 27 (was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59) 28 Sec. 605-715.46.59.Advisory Committee; Tourism 29 Promotion Fund. There is created within the Department an 30 Advisory Committee of 11 persons, including 2 members of the 31 Senate of different political parties appointed by the 32 President, 2 members of the House of Representatives of HB0236 Enrolled -187- LRB9100031DJcdA 1 different political parties appointed by the Speaker thereof, 2 and 7 other persons, one of whom shall be a senior citizen 60 3 years of age or over, appointed by the Governor. The members 4 appointed by the Governor may include, but are not limited 5 to, persons representing motels, hotels, restaurants, 6 airlines, railroads, bus lines, travel agencies, oil 7 companies and the communications industry. The appointments 8 shall be made as soon as possible after August 13, 1988, the 9 effective date of Public Act 85-1185this amendatory Act of101988. Members shall serve for terms of 2 years and until 11 their respective successors are appointed, except that 12 General Assembly members shall serve until their respective 13 successors are appointed or until termination of their 14 legislative service, whichever first occurs. Vacancies in 15 the membership in the Advisory Committee shall be filled in 16 the same manner as the original appointments. 17 The Advisory Committee shall elect a member of its own 18 group as chairman at the first meeting, which shall be called 19 by the Governor. The Advisory Committee shall meet at least 20 4 times in a calendar year at the call of the chairman. The 21 Advisory Committee shall advise in all matters relating to 22 the policy and administration of theIllinoisTourism 23 Promotion Fund. The Committee shall report to each regular 24 session of the General Assembly its recommendations for 25 legislation in the field of the promotion of tourism and 26 related subjects in Illinois. 27 The requirements for reporting to the General Assembly 28 shall be satisfied by filing copies of the report as required 29 under Section 3.1 of"An Act to revise the law in relation to30the General Assembly Organization Act", approved February3125, 1874, as amended. 32 Members of the committee shall serve without compensation 33 but shall be reimbursed for necessary expenses incurred in 34 the performance of their duties. HB0236 Enrolled -188- LRB9100031DJcdA 1 (Source: P.A. 85-1185.) 2 (20 ILCS 605/605-720 new) 3 (was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16) 4 Sec. 605-720. Publicizing Illinois facilities and 5 attractions.46.16.To encourage and assist the efforts of 6 other public and private organizations or groups of citizens 7 to publicize the facilities and attractions of Illinois. 8 (Source: Laws 1965, p. 1958.) 9 (20 ILCS 605/605-800 new) 10 (was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par. 11 46.19a) 12 Sec. 605-800. Training grants for skills in critical 13 demand.46.19a. Employment and technology grants.14 (a)(1)Grants to provide training in fields affected by 15 critical demands for certain skills may be made as provided 16 in this Sectionsubsection. 17 (b)(a)The Directorof the Departmentmay make grants 18 to eligible employers or to other eligible entities on behalf 19 of employers as authorized in subsection (c)paragraph (b)to 20 provide training for employees in fields for which there are 21 critical demands for certain skills. 22 (c)(b)The Director may accept applications for 23 training grant funds and grant requests from: (i) entities 24 sponsoring multi-company eligible employee training projects 25 as defined in subsection (d)paragraph (c), including 26 business associations, strategic business partnerships, 27 institutions of secondary or higher education, large 28 manufacturers for supplier network companies, federal Job 29 Training Partnership Act administrative entities or grant 30 recipients, and labor organizations when those projects will 31 address common training needs identified by participating 32 companies; and (ii) individual employers that are undertaking HB0236 Enrolled -189- LRB9100031DJcdA 1 eligible employee training projects as defined in subsection 2 (d)paragraph (c), including intermediaries and training 3 agents. 4 (d)(c)The Director may make grants to eligible 5 applicants as defined in subsection (c)paragraph (b)for 6 employee training projects that include, but need not be 7 limited to, one or more of the following: 8 (1)(i)Training programs in response to new or 9 changing technology being introduced in the workplace.;10 (2)(ii)Job-linked training that offers special 11 skills for career advancement or that is preparatory for, 12 and leads directly to, jobs with definite career 13 potential and long-term job security.;14 (3)(iii)Training necessary to implement total 15 quality management or improvement or both management and 16 improvement systems within the workplace.;17 (4)(iv)Training related to new machinery or 18 equipment.;19 (5)(v)Training of employees of companies that are 20 expanding into new markets or expanding exports from 21 Illinois.;22 (6)(vi)Basic, remedial, or both basic and 23 remedial training of employees as a prerequisite for 24 other vocational or technical skills training or as a 25 condition for sustained employment.;26 (7)(vii)Self-employment training of the 27 unemployed and underemployed with comprehensive, 28 competency-based instructional programs and services.;29and30 (8)(viii)Other training activities or,projects, 31 or both training activities and projects, related to the 32 support, development, or evaluation of job training 33 programs, activities, and delivery systems, including 34 training needs assessment and design. HB0236 Enrolled -190- LRB9100031DJcdA 1 (e)(d)Grants shall be made on the terms and conditions 2 that the Department shall determine., provided, however, that3No grant made underthe provisions of paragraph (c) of this4 subsection (d), however, shall exceed 50% of the direct costs 5 of all approved training programs provided by the employer or 6 the employer's training agent or other entity as defined in 7 subsection (c)paragraph (b). Under this Section, allowable 8 costs include, but are not limited to: 9 (1)(i)Administrative costs of tracking, 10 documenting, reporting, and processing training funds or 11 project costs.;12 (2)(ii)Curriculum development.;13 (3)(iii)Wages and fringe benefits of employees.;14 (4)(iv)Training materials, including scrap 15 product costs.;16 (5)(v)Trainee travel expenses.;17 (6)(vi)Instructor costs, including wages, fringe 18 benefits, tuition, and travel expenses.;19 (7)(vii)Rent, purchase, or lease of training 20 equipment.; and21 (8)(viii)Other usual and customary training 22 costs. 23 (f)(e)The Director will ensure that a minimum of one 24 on-site grant monitoring visit is conducted by the Department 25 either during the course of the grant period or within 6 26 months following the end of the grant period. The Department 27 shall verify that the grantee's financial management system 28 is structured to provide for accurate, current, and complete 29 disclosure of the financial results of the grant program in 30 accordance with all provisions, terms, and conditions 31 contained in the grant contract. 32 (g)(f)The Director may establish and collect a 33 schedule of charges from subgrantee entities and other system 34 users under federal job-training programs for participating HB0236 Enrolled -191- LRB9100031DJcdA 1 in and utilizing the Department's automated job-training 2 program information systems if thewhere suchsystems and the 3 necessary participation and utilization are requirementsis a4requirementof the federal job-training programs. All monies 5 collected pursuant to this subsectionparagraphshall be 6 deposited into the Federal Job-Training Information Systems 7 Revolving Fund created in Section 35-805subsection (5). 8 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 9 eff. 8-16-97.) 10 (20 ILCS 605/605-805 new) 11 (was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par. 12 46.19a) 13 Sec. 605-805. Federal Job-Training Information Systems 14 Revolving Fund.(5)There is hereby created a special fund 15 in the State treasury to be known as the Federal Job-Training 16 Information Systems Revolving Fund. The deposit of monies 17 into this fund shall be limited to the collection of charges 18 pursuant toparagraph (f) ofsubsection (g)(1)ofthis19 Section 605-800. The monies in the fund mayonlybe used, 20 subject to appropriation by the General Assembly, only for 21 the purpose of financing the maintenance and operation of the 22 automated Federal Job-Training Information Systems pursuant 23 toparagraph (f) ofsubsection (g)(1)ofthisSection 24 605-800. 25 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 26 eff. 8-16-97.) 27 (20 ILCS 605/605-810 new) 28 (was 20 ILCS 605/46.19a, subsec. (6)) (from Ch. 127, par. 29 46.19a) 30 Sec. 605-810. Reemployment of former employees. 31(6)When the Department is involved in developing a federal 32 or State funded training or retraining program for any HB0236 Enrolled -192- LRB9100031DJcdA 1 employer, the Department will assist and encourage that 2 employer in making every effort to reemploy individuals 3 previously employed at the facility. Further, the Department 4 will provide a list of thosesaidemployees to thesaid5 employer for consideration for reemployment and will report 6 the results of this effort to the Illinois Job Training 7 Coordinating Council. This requirement shall be in effect 8 when all of the following conditions are met: 9 (1)(a)The employer is reopening, or is proposing 10 to reopen, a facility thatwhichwas last closed during 11 the preceding 2 years.,12 (2)(b)A substantial number of the persons who 13 were employed at the facility before its most recent 14 closure remain unemployed., and15 (3)(c)The product or service produced by, or 16 proposed to be produced by, the employer at the facility 17 is substantially similar to the product or service 18 produced at the facility before its most recent closure. 19 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 20 eff. 8-16-97.) 21 (20 ILCS 605/605-815 new) 22 (was 20 ILCS 605/46.19a, subsec. (7)) (from Ch. 127, par. 23 46.19a) 24 Sec. 605-815. Unemployed and underemployed single 25 parents.(7)The Department, in cooperation with the 26 Departments of Human Services and Employment Security, may 27 establish a program to encourage community action agencies to 28 establish programs that will help unemployed and 29 underemployed single parents to identify, access, and 30 develop, through such means as counseling or mentoring, 31 internal and external resources that will enable those single 32 parents to become emotionally and financially 33 self-sufficient. The intended primary beneficiaries of the HB0236 Enrolled -193- LRB9100031DJcdA 1 local programs shall be female heads of households who are at 2 least 22 but less than 46 years of age and who are physically 3 able to work but are unemployed or underemployed. The 4 Department may make grants, subject to the availability of 5 funding, to communities and local agencies for the purpose of 6 establishing local programs as described in this Section 7subsection (7). A grant under this Sectionsubsection (7)8 shall be made for a period of one year and may be renewed if 9 the Department determines that the program is successful in 10 meeting its objectives. If the Department determines that 11 implementation of a program has resulted in a savings of 12 State moneys that otherwise would have been paid to 13 beneficiaries of the program, the Department, on renewing a 14 grant, may adjust the grant amount for those demonstrated 15 savings. 16 For purposes of this Sectionsubsection, a person is 17 underemployed if his or her income from employment is less 18 than 185% of the federal official poverty income guideline. 19 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 20 eff. 8-16-97.) 21 (20 ILCS 605/605-820 new) 22 (was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49) 23 Sec. 605-820. Public hearings on Job Training Partnership 24 Act plans and programs.46.49.To require Service Delivery 25 Areas established under the federal Job Training Partnership 26 Act to hold public hearings on the job training plans 27 developed for their respective jurisdictions pursuant to 28 Section 104 of the federal Job Training Partnership Act. The 29Suchpublic hearings shall be held by the Service Delivery 30 Areas prior to the submission of the job training plans to 31 the Department for review and approval or disapproval on 32 behalf of the Governor. The Department shall, as part of its 33 plan submission requirements, direct Service Delivery Areas HB0236 Enrolled -194- LRB9100031DJcdA 1 to submit evidence that thesuchhearings have been held. 2 The Department shall hold public hearings regarding those 3 Job Training Partnership Act programs set aside under that 4 Act for direct administration and implementation by the 5 Governor. TheSuchpublic hearings shall be held prior to the 6 submission of the Governor's Coordination and Special 7 Services Plan to the General Assembly for review and comment 8 and to the Governor for approval. 9 (Source: P.A. 83-1528.) 10 (20 ILCS 605/605-825 new) 11 (was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65) 12 Sec. 605-825.46.65.Earnfare Program. The Department 13 shall, through the Job Training Partnership Act and local 14 private industry councils, provide job skills training, job 15 placement, client management, and supportive services for 16 Earnfare participants, using existing II-A funds. 17 (Source: P.A. 87-893.) 18 (20 ILCS 605/605-850 new) 19 (was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par. 20 46.32a) 21 Sec. 605-850. Labor-Management Cooperation Committee. 2246.32a.23 (a) The Department shall promote labor-management 24 relations and provide assistance in the development of local 25 labor-management committees. 26 (b) In the Department there shall be a Labor-Management 27 Cooperation Committee composed of 12 public members appointed 28 by the Governor with the advice and consent of the Senate. 29 Six members shall represent executive level management of 30 businesses that employ labor union members, and 6 members 31 shall represent major labor union leadership. The Governor 32 shall designate 1 business representative and 1 labor HB0236 Enrolled -195- LRB9100031DJcdA 1 representative as cochairmen. Appointed members shall not be 2 represented at a meeting by another person. There shall be 6 3 ex officio nonvoting members: the Directorof the Department, 4 who shall serve as Secretary, the Director ofthe Department5ofLabor, the President of the Senate, the Minority Leader of 6 the Senate, the Speaker of the House of Representatives, and 7 the Minority Leader of the House of Representatives. Each ex 8 officio member shall serve during the term of his or her 9 office. Ex officio members may be represented by duly 10 authorized substitutes. 11 In making the initial public member appointments to the 12 Committee, 3 of the business representatives and 3 of the 13 labor union representatives shall be appointed for terms 14 expiring July 1, 1987. The remaining public members shall be 15 appointed for terms expiring July 1, 1988. Thereafter, public 16 members of the Committee shall be appointed for terms of 2 17 years expiring on July 1, or until their successors are 18 appointed and qualified. The Governor may at any time, with 19 the advice and consent of the Senate, make appointments to 20 fill vacancies for the balance of an unexpired term. Public 21 members shall serve without compensation,but shall be 22 reimbursed by the Department for necessary expenses incurred 23 in the performance of their duties. The Department shall 24 provide staff assistance to the Committee. 25 (c) The Committee shall have the following duties: 26 (1) To improve communications between labor and 27 management on significant economic problems facing the 28 State.;29 (2) To encourage and support the development of 30 local labor-management committees at the plant, industry 31 and area levels across the State.;32 (3) To assess the progress of area labor-management 33 committees that have been formed across the State and 34 provide input to the Directorof the DepartmentHB0236 Enrolled -196- LRB9100031DJcdA 1 concerning matching grants to area labor-management 2 committees or other grant programs established in this 3 Act.;4 (4) To convene a statewide conference on 5 labor-management concerns at least once every 2 years.;6 (5) To issue a report on labor-management concerns 7 to the Governor and the General Assembly every 2 years 8 commencing in March of 1987. This report shall outline 9 the accomplishments of the Committee and specific 10 recommendations for improving Statewide labor-management 11 relations. 12 (Source: P.A. 88-456.) 13 (20 ILCS 605/605-855 new) 14 (was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par. 15 46.32a) 16 Sec. 605-855. Grants to local labor-management 17 committees. 18 (a)(b)The Director, with the advice of the 19 Labor-Management Cooperation Committee, shall have the 20 authority to provide matching grants, grants, and other 21 resources to establish or assist area labor-management 22 committees and other projects thatwhichserve to enhance 23 labor-management relations. The Department shall have the 24 authority, with the advice of the Labor-Management 25 Cooperation Committee, to award grants or matching grants in 26 4fourareas as provided in subsections (b) through (e).:27 (b)(1)At least 60%60 percentof the annual 28 appropriation to the Department,for providing 29 labor-management grants and resources shall be awarded as 30 matching grants to existing local labor-management 31 committees. To be eligible for matching grants pursuant to 32 this subsection, local labor-management committees shall meet 33 all of the following criteria: HB0236 Enrolled -197- LRB9100031DJcdA 1 (1)(i)Be a formal, not-for-profit organization 2 structured for continuing service with voluntary 3 membership.;4 (2)(ii)Be composed of labor and management 5 representatives.;6 (3)(iii)Service a distinct and identifiable 7 geographic region.;8 (4)(iv)Be staffed by a professional chief 9 executive officer.;10 (5)(v)Have been established with the Department 11 for at least 2twoyears.;12 (6)(vi)Operate in compliance with rules set forth 13 by the Department with the advice of the Labor-Management 14 Cooperation Committee.; and15 (7)(vii)Ensure that theiritsefforts and 16 activities are coordinated with relevant agencies, 17 including but not limited to the following: 18 Department of Commerce and Community Affairs 19 Illinois Department of Labor 20 Economic development agencies 21 Corridor councils 22 Planning agencies 23 Colleges, universities, and community colleges 24 U.S. Department of Labor 25 Statewide Job Training Partnership Act Entities 26 . 27 Further, the purpose of the local labor-management 28 committees will include, but not be limited to, the following 29 : 30 (8)(i)Enhancing the positive labor-management 31 relationship within the State, region, community, and/or 32 work place.;33 (9)(ii)Assisting in the retention, expansion, and 34 attraction of businesses and jobs within the State HB0236 Enrolled -198- LRB9100031DJcdA 1 through special training programs, gathering and 2 disseminatingdissemination ofinformation, and providing 3 assistance in local economic development efforts as 4 appropriate.;5 (10)(iii)Creating and maintaining a regular 6 nonadversarial forum for ongoing dialogue between labor 7 and management representatives to discuss and resolve 8 issues of mutual concern outside the realm of the 9 traditional collective bargaining process.;10 (11)(iv)Acting as an intermediary for initiating 11 local programs between unions and employers thatwhich12 would generally improve economic conditions in a region.;1314 (12)(v)Encouraging, assisting, and facilitating 15 the development of work-site and industry 16 labor-management committees in the region. 17 Any local labor-management committee meeting these 18 criteria may apply to the Department for annual matching 19 grants, providing that the local committee contributes at 20 least 25%25 percentin matching funds, of which no more than 21 50%50 percentshall be "in-kind" services. Funds received 22 by a local committee pursuant to this subsection shall be 23 used for the ordinary operating expenses of the local 24 committee. 25 (c)(2)Up to 20%20 percentof the annual appropriation 26 to the Department for providing labor-management grants and 27 resources may be awarded as matching grants to local 28 labor-management committees thatwhichdo not meet all of the 29 eligibility criteria set forth in subsection (b)(1). 30 However, to be eligible to apply for a grant under this 31 subsection (c), the local labor-management committee, at a 32 minimum, shall meet all of the following criteria: 33 (1)(i)Be composed of labor and management 34 representatives.;HB0236 Enrolled -199- LRB9100031DJcdA 1 (2)(ii)Service a distinct and identifiable 2 geographic region.;3 (3)(iii)Operate in compliance with the rules set 4 forth by the Department with the advice of the 5 Labor-Management Cooperation Committee.; and6 (4)(iv)Ensure that its efforts and activities are 7 directed toward enhancing the labor-management 8 relationship within the State, region, community, and/or 9 work place. 10 Any local labor-management committee meeting these 11 criteria may apply to the Department for an annual matching 12 grant, providing that the local committee contributes at 13 least 25%25 percentin matching funds of which no more than 14 50%50 percentshall be "in-kind" services. Funds received 15 by a local committee pursuant to thisparagraph (2) of16 subsection (c)(b) of this Sectionshall be used for the 17 ordinary and operating expenses of the local committee. 18 Eligible committees shall be limited to 3threeyears of 19 funding under this subsection. With respect to those 20 committees participating in this program prior to enactment 21 of this amendatory Act of 1988 thatwhichfail to qualify 22 under paragraph (1) of this subsection (c)(b) of this23Section, previous years' funding shall be counted in 24 determining whether those committees have reached their 25 funding limit under this paragraph (2). 26 (d)(3)Up to 10%10 percentof the annual appropriation 27 to the Department for providing labor-management grants and 28 resources may be awarded as grants to develop and conduct 29 specialized education and training programs of direct benefit 30 to representatives of labor, management, labor-management 31 committees and/or their staff. The type of education and 32 training programs to be developed and offered will be 33 determined and prioritized annually by the Department, with 34 the advice of the Labor-Management Cooperation Committee. HB0236 Enrolled -200- LRB9100031DJcdA 1 The Department will develop and issue an annual request for 2 proposal detailing the program specifications. 3 (e)(4)Up to 10%10 percentof the annual appropriation 4 to the Department for providing labor-management grants and 5 resources may be awarded as grants for research and 6 development projects related to labor-management issues. The 7 Department, with the advice of the Labor-Management 8 Cooperation Committee, will develop and prioritize annually 9 the type and scope of the research and development projects 10 deemed necessary. 11 (f) The Department is authorized to establish 12 applications and,application procedures and promulgate any 13 rules deemed necessary in the administration of thesuch14 grants. 15 (Source P.A. 88-456.) 16 (20 ILCS 605/605-860 new) 17 (was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par. 18 46.32a) 19 Sec. 605-860. Office of Labor-Management Cooperation.(c)20To administer the grant programs created by this LawAct, 21 the Department shall establish an Office of Labor-Management 22 Cooperation. The purpose of this office shall include, but 23 not be limited to the following: 24 (1) To administer the grant programs, including 25 developing grant applications and requests for proposals 26proposal, program monitoring, and evaluation. 27 (2) To serve as State liaison with other state, 28 regional and national organizations devoted to promoting 29 labor-management cooperation; and to disseminate 30disseminatingpertinent information secured through these 31 State, regional, and national affiliations to local 32 labor-management committees, the Labor-Management 33 Cooperation Committee, and other interested parties HB0236 Enrolled -201- LRB9100031DJcdA 1 throughout the State. 2 (3) To provide technical assistance to area, 3 industry, or work-site labor-management committees as 4 requested. 5 (4) To serve as a clearinghouse for information 6 related to labor-management cooperation. 7 (5) To serve as a catalyst to developing and 8 strengthening a partnership among local, State, regional, 9 and national organizations and agencies devoted to 10 enhancing labor-management cooperation. 11 (6) To provide any other programs or services that 12whichenhance labor-management cooperation within the 13 State of Illinois as determined by the Director with the 14 advice of the Labor-Management Cooperation Committee. 15 (Source: P.A. 88-456.) 16 (20 ILCS 605/605-875 new) 17 (was 20 ILCS 605/46.68) 18 Sec. 605-875.46.68.Safety loan program. 19 (a) The Departmentof Commerce and Community Affairsmay 20 develop and implement a small business safety loan program to 21 allow employers the opportunity to improve workplace safety. 22 The loans shall be made from appropriations for that purpose. 23 The loans shall be secured by adequate collateral, may be for 24 a term of no more than 5 years, and may bear interest at a 25 discounted rate. The Department shall promulgate all 26 necessary rules to implement the program. 27 (b) Any loan made under this Section shall: (1) be made 28 only if an on-site safety and health consultation and 29 recommendations for correction have been completed by the 30 Department's Industrial Service Division; and (2) finance no 31 more than $50,000 or 80% of the total project and no less 32 than $10,000. 33 (c) The Illinois Safety Revolving Loan Fund is created HB0236 Enrolled -202- LRB9100031DJcdA 1 as a separate fund within the State treasury. 2 The purpose of the Fund is to provide loans to and 3 finance administration of loans to small businesses in 4 Illinois. 5 There shall be deposited into the Fund amounts including, 6 but not limited to, the following: 7 (1) All receipts, including dividends, principal, 8 and interest payments from any applicable loan agreement 9 made from the Fund or from direct appropriations.;10 (2) All proceeds of assets of whatever nature 11 received by the Department as a result of default or 12 delinquency with respect to loan agreements made from the 13 Fund or from direct appropriations by the General 14 Assembly, including proceeds from the sale, disposal, 15 lease, or rental of real or personal property that the 16 Department may have received as a result of the default 17 or delinquency.;18 (3) Any appropriations, grants, or gifts made to 19 the Fund.; and20 (4) Any income received from interest on 21 investments of moneys in the Fund. 22 (d) The implementation of or continuation of this 23 program during any fiscal year is dependent upon federal 24 funding, through the Department of Labor, committed to the 25 Onsite Safety and Health Consultation Program prior to the 26 beginning of that fiscal year. 27 (Source: P.A. 89-423, eff. 6-1-96.) 28 (20 ILCS 605/605-900 new) 29 (was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b) 30 Sec. 605-900. Construction loans to local governments for 31 revenue producing capital facilities.46.6b.To make loans to 32 units of local government for construction of revenue 33 producing capital facilities, subject to thesuchterms and HB0236 Enrolled -203- LRB9100031DJcdA 1 conditionscondition asit deems necessary to ensure 2 repayment. 3 (Source: P.A. 85-552.) 4 (20 ILCS 605/605-905 new) 5 (was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b) 6 Sec. 605-905. Grants to local governments in connection 7 with federal prisons.46.41b.To make grants to units of 8 local government for (i) land acquisition and all necessary 9 improvements upon or related thereto for the purpose of 10 facilitating the location of federal prisons in Illinois and 11 (ii) for the development of industrial or commercial parks, 12 or both, thatwhichare adjacent to or abut any federal 13 prison constructed in Illinois after January 9, 1990 (the 14 effective date of Publicthis amendatoryAct 86-1017)of 198915. 16 (Source: P.A. 86-1017.) 17 (20 ILCS 605/605-910 new) 18 (was 20 ILCS 605/46.56) (from Ch. 127, par. 46.56) 19 Sec. 605-910. Grants to municipalities for site 20 development along waterways.46.56.In cooperation with the 21 Department of Transportation, to make grants and provide 22 financial assistance to municipalities for site development 23 along waterways in order to promote commercial and industrial 24 development. 25 (Source: P.A. 84-1124.) 26 (20 ILCS 605/605-915 new) 27 (was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45) 28 Sec. 605-915. Assisting local governments to achieve 29 lower borrowing costs.46.45.To cooperate with the Illinois 30 Development Finance Authority in assisting local governments 31 to achieve overall lower borrowing costs and more favorable HB0236 Enrolled -204- LRB9100031DJcdA 1 terms under Sections 7.50 through 7.61 of the Illinois 2 Development Finance Authority Act, including using the 3 Department's federally funded Community Development 4 Assistance Program for thosesuchpurposes. 5 (Source: P.A. 83-1367.) 6 (20 ILCS 605/605-920 new) 7 (was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47) 8 Sec. 605-920. Assisting local governments; debt 9 management, capital facility planning, infrastructure. 1046.47.To provide, in cooperation with the Illinois 11 Development Finance Authority, technical assistance to local 12 governments with respect to debt management and bond 13 issuance, capital facility planning, infrastructure 14 financing, infrastructure maintenance, fiscal management, and 15 other infrastructure areas. 16 (Source: P.A. 83-1367.) 17 (20 ILCS 605/605-925 new) 18 (was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48) 19 Sec. 605-925. Helping local governments reduce 20 infrastructure costs.46.48.To develop and recommend to the 21 Governor and the General Assembly, in cooperation with the 22 Illinois Development Finance Authority and local governments, 23 methods and techniques that can be used to help local 24 governments reduce their public infrastructure costs, 25 including strengthened local financial management, user fees, 26 and other appropriate options. 27 (Source: P.A. 83-1367.) 28 (20 ILCS 605/605-930 new) 29 (was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27) 30 Sec. 605-930. Assisting home rule units; composite bond 31 issues for mortgages.46.27.At the request of any home rule HB0236 Enrolled -205- LRB9100031DJcdA 1 unit, to assist thesuchhome rule unit in providing 2 composite bond issues for mortgages in order to enable the 3suchhome rule unit to benefit from the federal allocation of 4 tax exempt mortgage revenue bonds authorized under the 5 federal"Mortgage Subsidy Bond Tax Act of 1981"(Title XI of 6 Public Law 96-499), as now or hereafter amended. 7 (Source: P.A. 83-651.) 8 (20 ILCS 605/605-935 new) 9 (was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32) 10 Sec. 605-935. Referrals to State universities for special 11 economic problems.46.32.To encourage the establishment, 12 with the assistance of the Board of Higher Education, of a 13 system for referring representatives of communities in which 14 there exist special economic problems and opportunities to 15 the most appropriate State university for assistance. The 16 Department may also cooperate with the universities in 17 providing advice and assistance to communities or groups of 18 citizens seeking to offset the economic impact of the removal 19 or termination of substantial industrial or commercial 20 operations. 21 (Source: P.A. 81-835; 81-1509.) 22 (20 ILCS 605/605-940 new) 23 (was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37) 24 Sec. 605-940. Clearing house for local government 25 problems; aid with financial and administrative matters. 2646.37.The Department shall provide for a central clearing 27 house for information concerning local government problems 28 and various solutions to those problems and shall assist and 29 aid local governments of the State in matters relating to 30 budgets, fiscal procedures, and administration. In performing 31 this responsibility the Department shall have the power and 32 duty to do the following: HB0236 Enrolled -206- LRB9100031DJcdA 1 (1)(a)Maintain communication with all local 2 governments and assist them, at their request, to improve 3 their administrative procedures and to facilitate 4 improved local government and development.;5 (2)(b)Assemble and disseminate information 6 concerning State and federal programs, grants, gifts, and 7 subsidies available to local governments and to provide 8 counsel and technical services and other assistance in 9 applying for thosesuchprograms, grants, gifts, and 10 subsidies.;11 (3)(c)Assist in coordinating activities by 12 obtaining information, on forms provided by the 13 Department or by receipt of proposals and applications, 14 concerning State and federal assisted programs, grants, 15 gifts, and subsidies applied for and received by all 16 local governments.;17 (4)(d)Provide direct consultative services to 18 local governments upon request and provide staff services 19 to special commissions, the Governor, or the General 20 Assembly or its committees.;21 (5)(e)Render advice and assistance with respect 22 to the establishment and maintenance of programs for the 23 training of local government officials and other 24 personnel, including programs of intergovernmental 25 exchange of personnel.;26 (6)(f) ToAct as the official State agency for the 27 receipt and distribution of federal funds thatwhichare 28 or may be provided to the State on a flat grant basis for 29 distribution to local governments or in the event federal 30 law requires a State agency to implement programs 31 affecting local governments and for State funds that 32whichare or may be provided for the use of local 33 governments unless otherwise provided by law.;34 (7)(g) ToAdministersuchlaws relating to local HB0236 Enrolled -207- LRB9100031DJcdA 1 government affairs as the General Assembly may direct.;2 (8)(h)Provide all advice and assistance to 3 improve local government administration, ensureto insure4the economical and efficient provision of local 5 government services, andtomake the Civil Administrative 6 Code of Illinoisthis Acteffective.;7 (9)(i)Give advice and counsel on fiscal problems 8 of local governments of the State to thosesuchlocal 9 governments.;10 (10)(j)Prepare uniform budgetary forms for use by 11 the local governments of the State.;12 (11)(k)Assist and advise the local governments of 13 the State in matters pertaining to budgets, appropriation 14 requests and ordinances, the determination of property 15 tax levies and rates, and other matters of a financial 16 nature.;17 (12)(l)Be a repository for financial reports and 18 statements required by law of local governments of the 19 State, and publish financial summaries of those reports 20 and statements.thereof;21 (13)(m)At the request of local governments, 22 provide assistance in preparing bond issues, review 23 bonding proposals, and assist in marketing bonds, and 24 provide by January 1, 1985, model forms for the 25 disclosure of all information of significance to 26 potential purchasers of long or short term debt of local 27 governments and all information required to be disclosed 28 in connection with the sale of long or short term debt by 29 local governments.;30 (14)(n)Prepare proposals and advise on the 31 investment of idle local government funds.;32 (15)(o)Administer the program of grants, loans, 33 and loan guarantees under the federal Public Works and 34 Economic Development Act of 1965,as amended,42 U.S.C. HB0236 Enrolled -208- LRB9100031DJcdA 1 3121 and followinget seq., andtoreceive and disburse 2 State and federal funds provided for that program and 3 moneys received as repayments of loans made under the 4 program.;5 (16)(p)After January 1, 1985, upon the request of 6 local governments,toprepare and provide model financial 7 statement forms designed to communicate to taxpayers, 8 service consumers, voters, government employees, and news 9 media, in a non-technical manner, all significant 10 financial information regarding a particular local 11 government, and to prepare and provide to local 12 governments a summary of local governments' obligations 13 concerning the adoption of an annual operating budget. 14 Thewhichsummary shall be set forth in a non-technical 15 manner and shall be designed principally for distribution 16 to, and the use of, taxpayers, service consumers, voters, 17 government employees, and news media. 18 (Source: P.A. 83-1362.) 19 (20 ILCS 605/605-945 new) 20 (was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38) 21 Sec. 605-945. Development of safe and decent housing. 2246.38.The Department shall foster the development of safe 23 and decent housing for Illinois citizens and shall perform 24 all duties provided by law. In performing this responsibility 25 the Department shall have the power and duty to do the 26 following: 27 (1)(a)Coordinate and, wherever provided by law, 28tosupervise or administer the several programs of State 29 and federal assistance and grants related to housing and 30 urban renewal, including but not limited to housing, 31 redevelopment, urban renewal, urban planning assistance, 32 building codes, building code enforcement, housing codes, 33 housing code enforcement, area development, HB0236 Enrolled -209- LRB9100031DJcdA 1 revitalization of central city cores, mass 2 transportation, public works, and community facilities, 3 andtofurnish technical assistance on any program of 4 housing and urban renewal.;5 (2)(b) ToExercise the rights, powers, and duties 6 provided in sub-paragraphs (1), (2), (3), (4), (5), (6), 7 (7), (8), (9), (10), and (12) of Section 605-115.46.368of this Act;9 (3)(c) ToPerformsuchother duties thatasmay be 10 necessary to implement applicable law and to ensure 11insureorderly administration of the Department. 12 (Source: P.A. 81-1509.) 13 (20 ILCS 605/605-950 new) 14 (was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a) 15 Sec. 605-950. Federal funds for housing.46.38a.The 16 Departmentof Commerce and Community Affairsis authorized to 17 receive and distribute federal funds to foster safe and 18 decent housing and for reimbursement of social service 19 expenses in connection with emergency shelter for the 20 homeless. 21 (Source: P.A. 85-1021.) 22 (20 ILCS 605/605-990 new) 23 (was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a) 24 Sec. 605-990. Notice of legislation affecting local 25 governments.46.37a.Beginning on March 1, 1984 and annually 26 thereafter, the Department shall notify each county, 27 municipality, and township of all State legislation that 28whichhas taken effect during the preceding 12 months that 29whichin the Department's view directly affects or has 30 significant impact upon the functioning of local governments. 31 Notice shall be provided by delivering, by mail or otherwise, 32 to each such unit of local government a listing of the HB0236 Enrolled -210- LRB9100031DJcdA 1 legislation. 2 (Source: P.A. 83-915.) 3 (20 ILCS 605/605-995 new) 4 (was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40) 5 Sec. 605-995. Contracts to perform functions at request 6 of local governments.46.40.The Director may contract on 7 behalf of the Department, at the request of the corporate 8 authorities of any municipality,if the proposed function 9 takes place within thesuchmunicipality,or at the request 10 of the corporate authorities of the county,if the proposed 11 function takes place in an unincorporated area, with any 12 person, firm, or corporation to perform any of the functions 13 provided herein,within the corporate limits as provided in 14 this Section. The Department shall not expend State funds on 15 a contractual basis for thosesuchfunctions unless those 16 functions and expenditures are expressly authorized by the 17 General Assembly. 18(a)All contracts entered into by the Director shall 19 provide for annual audits and reports of activities conducted 20 under terms of the contract, unless more frequently requested 21 by the Director. The Director shall takesuchother steps as 22arenecessary to ensureinsurethe proper discharge of 23 contract responsibilities.;24(b)The Department shall promulgate rules and 25 regulations concerning the Department's operations or 26 programs established to meet these purposes. 27 (Source: P.A. 81-1509.) 28 (20 ILCS 805/Art. 805 heading new) 29 ARTICLE 805. DEPARTMENT OF NATURAL 30 RESOURCES (CONSERVATION) 31 (20 ILCS 805/805-1 new) HB0236 Enrolled -211- LRB9100031DJcdA 1 Sec. 805-1. Article short title. This Article 805 of 2 the Civil Administrative Code of Illinois may be cited as the 3 Department of Natural Resources (Conservation) Law. 4 (20 ILCS 805/805-5 new) 5 Sec. 805-5. Definitions. In this Law: 6 "Department" means the Department of Natural Resources. 7 "Director" means the Director of Natural Resources. 8 (20 ILCS 805/805-10 new) 9 (was 20 ILCS 805/63a) (from Ch. 127, par. 63a) 10 Sec. 805-10. Department's powers, generally.63a.The 11 Departmentof Natural Resourceshas the powers enumerated in 12 the following Sections63a1 through 63b2.9. 13 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.) 14 (20 ILCS 805/805-15 new) 15 (was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37) 16 Sec. 805-15. Rules and regulations. The Department has 17 the power63a37.to adopt and enforce rules and regulations 18 necessary to the performance of its statutory duties. 19 (Source: P.A. 84-437.) 20 (20 ILCS 805/805-25 new) 21 (was 20 ILCS 805/63b2.8) 22 Sec. 805-25.63b2.8.Public benefit certification. The 23 Department has the power to certify whether land encumbered 24 by a conservation right provides a demonstrated public 25 benefit for purposes of reduced land valuation in accordance 26 with Section 10-167 of the Property Tax Code. 27 (Source: P.A. 88-657, eff. 1-1-95.) 28 (20 ILCS 805/805-30 new) 29 (was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38) HB0236 Enrolled -212- LRB9100031DJcdA 1 Sec. 805-30. Illinois Conservation Corps; Illinois Youth 2 Recreation Corps. The Department has the power63a38.to 3 administer the Illinois Conservation Corps Program and the 4 Illinois Youth Recreation Corps Program created by the 5"Illinois Youth and Young Adult Employment Act of 1986",6enacted by the 84th General Assembly,and to promulgate rules 7 and regulations for the administration of the programs. 8 (Source: P.A. 84-1430.) 9 (20 ILCS 805/805-35 new) 10 (was 20 ILCS 805/63a40) 11 Sec. 805-35.63a40.Adopt-A-River program. The 12 Department has the power to establish and maintain 13 Adopt-A-River programs with individual or group volunteers in 14 an effort to encourage and facilitate volunteer group 15 involvement in litter cleanup in and along portions of rivers 16 and streams located in State parks and park lands. These 17 programs shall include but not be limited to the following: 18 (1) Providing and coordinating services by 19 volunteers to reduce the amount of litter including 20 providing trash bags and trash bag pickup and, where 21 necessary, providing briefings on safety procedures. 22 (2) Providing and installing signs identifying 23 those volunteers participating in the Adopt-A-River 24 program in particular parks and park lands. 25 The State and the Departmentof Natural Resourcesand its 26 employees are not liable for any damages or injury suffered 27 by any person resulting from his or her participation in the 28 program or from the actions or activities of the volunteers. 29 (Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96; 30 90-14, eff. 7-1-97.) 31 (20 ILCS 805/805-40 new) 32 (was 20 ILCS 805/63a41) HB0236 Enrolled -213- LRB9100031DJcdA 1 Sec. 805-40.63a41. Establishment ofAdopt-A-Park 2 program. The Departmentof Natural Resourcesmay establish 3 and maintain Adopt-A-Park programs with individual or group 4 volunteers in an effort to reduce and remove litter from 5 parks and park lands. These programs shall include but not 6 be limited to the following: 7 (1) Providing and coordinating services by 8 volunteers to reduce the amount of litter, including 9 providing trash bags and trash bag pickup and, in 10 designated areas where volunteers may be in close 11 proximity to moving vehicles, providing safety briefings 12 and reflective safety gear. 13 (2) Providing and installing signs identifying 14 those volunteers adopting particular parks and park 15 lands. 16 (Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96; 17 90-14, eff. 7-1-97.) 18 (20 ILCS 805/805-70 new) 19 (was 20 ILCS 805/63b2.9) 20 Sec. 805-70.63b2.9.Grants and contracts. 21 (a) The Department has the power to accept, receive, 22 expend, and administer, including by grant, agreement, or 23 contract, those funds that are made available to the 24 Department from the federal government and other public and 25 private sources in the exercise of its statutory powers and 26 duties. 27 (b) The Department may make grants to other State 28 agencies, universities, not-for-profit organizations, and 29 local governments, pursuant to an appropriation in the 30 exercise of its statutory powers and duties. 31 (Source: P.A. 90-490, eff. 8-17-97.) 32 (20 ILCS 805/805-80 new) HB0236 Enrolled -214- LRB9100031DJcdA 1 (was 20 ILCS 805/63b1.2) 2 Sec. 805-80.63b1.2.Indirect cost reimbursements. 3 Indirect cost reimbursements applied for by the Departmentof4Natural Resourcesmay be allocated as State matching funds. 5 Any indirect cost reimbursement applied for and received by 6 the Department shall be deposited intotothe same fund as 7 the direct cost and may be expended, subject to 8 appropriation, for support of programs administered by the 9 Departmentof Natural Resources. 10 (Source: P.A. 90-490, eff. 8-17-97.) 11 (20 ILCS 805/805-100 new) 12 (was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1) 13 Sec. 805-100. Conservation of fish and game. The 14 Department has the power63a1.to take all measures necessary 15 for the conservation, preservation, distribution, 16 introduction, propagation, and restoration of fish, mussels, 17 frogs, turtles, game, wild animals, wild fowls, and birds. 18 (Source: Laws 1967, p. 1088.) 19 (20 ILCS 805/805-105 new) 20 (was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2) 21 Sec. 805-105. Conservation of fauna and flora. The 22 Department has the power63a2.to take all measures necessary 23 for the conservation, preservation, distribution, 24 introduction, propagation, and restoration of the fauna and 25 flora, except where other laws designate responsibilities 26 specifically to other governmental agencies. The Director 27 and authorized employees of the Department may expendsuch28 sumsasthe Director deems necessary to purchase any fauna 29 and flora or parts thereof protected by the Department for 30 use as evidence of a violation of the Fish and Aquatic Life 31 Code, the Wildlife Code, or any other Act administered by the 32 Department,and may employ persons to obtain thatsuchHB0236 Enrolled -215- LRB9100031DJcdA 1 evidence. The Director is authorized to establish 2 investigative cash funds for the purpose of purchasing 3 evidence or financing any investigation of persons suspected 4 of having violated thosesuchActs. TheSuchinvestigative 5 cash funds shall be operated and maintained on the imprest 6 system, and no such fund shall exceed $10,000. The 7 Department is authorized to deposit thesuchmoney in a 8 locally held bank account. TheSuchfunds to be expended 9 shall come from public donations, proceeds from the sale of 10 flora and fauna no longer or not needed as evidence that were 11 purchased with investigative cash funds, and appropriations 12 to the Department for contractual services. 13 (Source: P.A. 87-798; 87-895.) 14 (20 ILCS 805/805-110 new) 15 (was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3) 16 Sec. 805-110. Statistics relating to fauna and flora. 17 The Department has the power63a3.to collect and publish 18 statistics relating to the fauna and flora. 19 (Source: Laws 1967, p. 1088.) 20 (20 ILCS 805/805-115 new) 21 (was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4) 22 Sec. 805-115. Conservation information. The Department 23 has the power63a4.to acquire and disseminate information 24 concerning the propagation and conservation of the fauna and 25 flora, and the activities of the Department and the 26 industries affected by conservation and propagation. 27 (Source: Laws 1967, p. 1088.) 28 (20 ILCS 805/805-120 new) 29 (was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5) 30 Sec. 805-120. Pollution prevention. The Department has 31 the power63a5.to exercise all rights, powers, and duties HB0236 Enrolled -216- LRB9100031DJcdA 1 conferred by law and to takesuchmeasures thatasare 2 necessary for the prevention of pollution of and engendering 3 of sanitary and wholesome conditions in rivers, lakes, 4 streams, and other waters in this State thataswill promote, 5 protect, and conserve fauna and flora and to work in 6 conjunction with any other department of State government 7 that isas shall beproceeding to prevent stream and water 8 pollution. 9 (Source: Laws 1967, p. 1088.) 10 (20 ILCS 805/805-125 new) 11 (was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1) 12 Sec. 805-125. Agreements with federal agencies.63b1.13 The Department hasof Natural Resources shall havethe power 14 and authority to enter into agreements with appropriate 15 federal agencies in order to better effect cooperative 16 undertakings in the conservation, preservation, distribution, 17 and propagation of fish, mussels, frogs, turtles, game, wild 18 animals, wild fowls, birds, trees, plants, and forests. 19 (Source: P.A. 89-445, eff. 2-7-96.) 20 (20 ILCS 805/805-130 new) 21 (was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8) 22 Sec. 805-130. Conservation of forests. The Department 23 has the power63a8.to takesuchmeasures for the promotion 24 of planting, encouragement, protection, and conservation of 25 forests and to promote forestry in this State, including but 26 not limited to reforestation, woodland management, fire 27 management, and forest marketing and utilization, to exercise 28 the rights, powers, and duties in relation thereto that are 29as may beconferred by law, to promote sound forestry 30 management as described by the"Illinois Forestry Development 31 Act", and to carry out the functions ascribed to the 32 Department by that Act. HB0236 Enrolled -217- LRB9100031DJcdA 1 (Source: P.A. 85-150.) 2 (20 ILCS 805/805-200 new) 3 (was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1) 4 Sec. 805-200. Property given in trust. The Department 5 has the power63a13-1.to accept, hold, maintain, and 6 administer, as trustee, property given in trust for 7 educational, recreational, or historic purposes for the 8 benefit of the People of the State of Illinois and to dispose 9 of thatsuchproperty pursuant to the terms of the instrument 10 creating the trust. 11 (Source: Laws 1968, p. 148.) 12 (20 ILCS 805/805-205 new) 13 (was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29) 14 Sec. 805-205. Acquiring real property subject to life 15 estate. The Department has the power63a29.to acquire, for 16 purposes authorized by law, any real property in fee simple 17 subject to a life estate in the seller in not more than 3 18 acres of the real property acquired, subject to the 19 restrictions that the life estate shall be used for 20 residential purposes only and that it shall be 21 non-transferable. 22 (Source: P.A. 79-332.) 23 (20 ILCS 805/805-210 new) 24 (was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33) 25 Sec. 805-210. Purchasing land for State parks. The 26 Department has the power63a33.to purchase land for State 27 park purposes by contract for deed under the terms and 28 restrictions of Section 2 of the"An Act in relation to the29acquisition, control, maintenance, improvement and protection30ofState Parks Actand nature preserves", approved June 26,311925, as now or hereafter amended. TheSuchpurchase HB0236 Enrolled -218- LRB9100031DJcdA 1 restrictions under that Actthereundershall include and take 2 into consideration any purchases by contract for deed under 3 Sections 805-205, 805-215, 805-225, 805-230, and 805-255 463a10, 63a17, 63a18, 63a19 and 63a29 of this Act. 5 (Source: P.A. 81-554; 81-1509.) 6 (20 ILCS 805/805-215 new) 7 (was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17) 8 Sec. 805-215. Acquiring jurisdiction over federal 9 government lands. The Department has the power63a17.to 10 acquire jurisdiction by lease, purchase, contract, or 11 otherwise,over any lands held by or otherwise under the 12 jurisdiction of the federal government for the purpose of 13 carrying out any power or duty conferred upon the Department 14 and to locate, relocate, construct, and maintain roadways and 15 parking areas on thosesuchlands and to supply all 16 facilities necessary for public use of the areas. 17 (Source: Laws 1967, p. 1088.) 18 (20 ILCS 805/805-220 new) 19 (was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34) 20 Sec. 805-220. Historic structures. The Department has 21 the power63a34.to lease or purchase any lands or 22 structures for the purpose of restoring, renovating, and 23 maintaining structures of historic significance thatwhich24 are listed in the Illinois or National Register of Historic 25 Places for public use; to acquire all necessary property or 26 rights-of-way for the purpose of providing access to those 27suchstructures; and to construct buildings orsuchother 28 facilitiesasthe Department deems necessary or desirable for 29 maximum utilization of thosesuchfacilities for public use. 30 However, any structures obtained for the purpose of being 31 used as State office facilities shall be subject to the 32 authority of the Department of Central Management Services, HB0236 Enrolled -219- LRB9100031DJcdA 1 and any leases for thosesuchfacilities shall be negotiated 2 and executed by the Department of Central Management 3 Services. 4 (Source: P.A. 83-282.) 5 (20 ILCS 805/805-225 new) 6 (was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19) 7 Sec. 805-225. Conservation of natural or scenic 8 resources. The Department has the power63a19.to acquire 9 the fee or any lesser interests, including scenic easements, 10 in real property in order to preserve, through limitation of 11 future use, areas of great natural scenic beauty or areas 12 whose existing openness, natural condition, or present state 13 of use, if retained, would enhance the present or potential 14 value of abutting or surrounding recreational area 15 development,or would maintain or enhance the conservation of 16 natural or scenic resources. 17 (Source: Laws 1967, p. 1088.) 18 (20 ILCS 805/805-230 new) 19 (was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18) 20 Sec. 805-230. Developing recreational areas. The 21 Department has the power63a18.to lease from individuals, 22 corporations, or any other form of private ownership, from 23 any municipality, public corporation, or political 24 subdivision of this State, or from the United States,any 25 lands or waters for the purpose of developing outdoor 26 recreational areas for public use and to acquire all 27 necessary property or rights-of-way,for the purposes of 28 ingress or egress to thosesuchlands and waters,and to 29 construct buildings and other recreational facilities, 30 including roadways, bridges, and parking areas, thatasthe 31 Department deems necessary or desirable for maximum 32 utilization of recreational facilities for public use of the HB0236 Enrolled -220- LRB9100031DJcdA 1 areas. 2 (Source: Laws 1967, p. 1088.) 3 (20 ILCS 805/805-235 new) 4 (was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6) 5 Sec. 805-235. Lease of lands acquired by the Department; 6 disposition of obsolete buildings. The Department has the 7 power63a6.to do and perform each and every act or thing 8 considered by the Director to be necessary or desirable to 9 fulfill and carry out the intent and purpose of all laws 10 pertaining to the Department,of Natural Resourcesincluding 11 the right to rehabilitate or sell at public auction,12 buildings or structures affixed to lands over which the 13 Department has acquired jurisdiction when in the judgment of 14 the Director thosesuchbuildings or structures are obsolete, 15 inadequate, or unusable for the purposes of the Department 16 and to lease thosesuchlands with or without appurtenances 17 for a consideration in money or in kind for a period of time 18 not in excess of 5 years for thesuchpurposes and upon the 19suchterms and conditions thatasthe Director considers to 20 be in the best interests of the State when thosesuchlands 21 are not immediately to be used or developed by the State. 22 All thosesuchsales shall be made subject to the written 23 approval of the Governor. The funds derived from thosesuch24 sales and from thosesuchleases shall be deposited in the 25 State Parks Fund, except that funds derived from thosesuch26 sales and from thosesuchleases on lands managed and 27 operated principally as wildlife or fisheries areas by the 28 Departmentof Natural Resourcesshall be deposited in the 29 Wildlife and Fish Fund. 30 (Source: P.A. 89-445, eff. 2-7-96.) 31 (20 ILCS 805/805-240 new) 32 (was 20 ILCS 805/63b) (from Ch. 127, par. 63b) HB0236 Enrolled -221- LRB9100031DJcdA 1 Sec. 805-240. Sale of land affected by federal emergency 2 conservation work; work on privately owned land.63b.3 (a) The Department hasof Natural Resources shall have4 the power and authority for and on behalf of the State to 5 make contractual agreements with the federal government 6 providing that if, as a result of the emergency conservation 7 work done by the federal government on State, county, and 8 municipally owned land in Illinois,under the provisions of a 9 federal act entitled "An Act for the relief of unemployment 10 through the performance of useful public work, and for other 11 purposes,", enacted by the 73rd Congress, the State derives a 12 direct profit from the sale of thatsuchland or its products 13 , thenthatthe proceeds will be divided equally between the 14 State of Illinois,and the federal government until the State 15 shall have paid for the work done at the rate of $1.00 per 16 man per day for the time spent on thesuchwork or projects, 17 subject to a maximum of $3.00 per acre. 18 The Department's agreements with the U.S. Government may 19 include general indemnification provisions as required by 20 federal statutes for nonfederal sponsorship of a federally 21 authorized project. 22 (b) The Department may also assume responsibility for 23 the maintenance of work done on privately owned land either 24 by the owners of the land or otherwise and may by contract 25 with the owners reserve the right to remove any structures or 26 other things of removable value resulting from the work, 27 including products of trees planted, thesuchremoval to be 28 without compensation to the landowner. 29 (Source: P.A. 89-445, eff. 2-7-96.) 30 (20 ILCS 805/805-245 new) 31 (was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1) 32 Sec. 805-245. Disposition of State park lands.63b2.1.33 The Departmentof Natural Resourcesshall not dispose of any HB0236 Enrolled -222- LRB9100031DJcdA 1 portion of a State park except as specifically authorized by 2 law. This prohibition shall not restrict the Department from 3 conveyance of easements and other lesser interests in land. 4 (Source: P.A. 89-445, eff. 2-7-96.) 5 (20 ILCS 805/805-250 new) 6 (was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20) 7 Sec. 805-250. Leases for strategic military sites. The 8 Department has the power63a20.to lease lands over which the 9 Department has jurisdiction to the United States Army for use 10 as strategic military sites for a period not to exceed 10 11 years. All such leases, for whatever period, shall be subject 12 to the written approval of the Governor. 13 (Source: Laws 1967, p. 1088.) 14 (20 ILCS 805/805-255 new) 15 (was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10) 16 Sec. 805-255. Transfers to other State agency or federal 17 government; acquisition of federal lands. The Department has 18 the power63a10.to transfer jurisdiction of or exchange any 19 realty under the control of the Department to any other 20 department of the State government, or to any agency of the 21 federal government, or to acquire or accept federal lands, 22 when thesuchtransfer, exchange, acquisition, or acceptance 23 is advantageous to the State and is approved in writing by 24 the Governor. 25 (Source: Laws 1967, p. 1088.) 26 (20 ILCS 805/805-260 new) 27 (was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7) 28 Sec. 805-260. Licenses and rights-of-way for public 29 services. The Department has the power63a7.to grant 30 licenses and rights-of-way within the areas controlled by the 31 Department for the construction, operation, and maintenance HB0236 Enrolled -223- LRB9100031DJcdA 1 upon, under, or across thesuchproperty,of facilities for 2 water, sewage, telephone, telegraph, electric, gas, or other 3 public service, subject tosuchterms and conditionsas may4bedetermined by the Department. 5 (Source: Laws 1967, p. 1088.) 6 (20 ILCS 805/805-265 new) 7 (was 20 ILCS 805/63a39) 8 Sec. 805-265. Public utility easement on Tunnel Hill 9 Bicycle Trail. The Department has the power63a39.to grant 10 a public utility easement in the Saline Valley Conservance 11 District on the Tunnel Hill Bicycle Trail for construction 12 and maintenance of a waterline, subject tosuchterms and 13 conditionsas may bedetermined by the Department. 14 (Source: P.A. 88-369.) 15 (20 ILCS 805/805-270 new) 16 (was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26) 17 Sec. 805-270. Surplus agricultural products. The 18 Department has the power63a26.to sell or exchange surplus 19 agricultural products grown on land owned by or under the 20 jurisdiction of the Department,when thosesuchproducts 21 cannot be used by the Department. 22 (Source: P.A. 83-1374; 83-1486.) 23 (20 ILCS 805/805-275 new) 24 (was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27) 25 Sec. 805-275. Sale of63a27. To sellgravel and other 26 materials. The Department has the power to sell gravel, sand, 27 earth, or other material from any State of Illinois owned 28 lands or waters under the jurisdiction of the Department at a 29 fair market price. The proceeds from thesuchsales shall be 30 deposited intointhe Wildlife and Fish Fund in the State 31 treasury. HB0236 Enrolled -224- LRB9100031DJcdA 1 (Source: P.A. 90-372, eff. 7-1-98.) 2 (20 ILCS 805/805-300 new) 3 (was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21) 4 Sec. 805-300. Public accommodation, educational, and 5 service facilities. The Department has the power63a21.to 6 develop and operate public accommodation, educational, and 7 service facilities on lands over which the Department has 8 jurisdiction,and to lease lands over which the Department 9 has jurisdiction to persons or public or private corporations 10 for a period not to exceed 99 years for the construction, 11 maintenance, and operation of public accommodation, 12 educational, and service facilities. ThoseSuchpublic 13 accommodation, educational, and service facilities include, 14 but are not limited to, marinas, overnight housing 15 facilities, tent and trailer camping facilities, recreation 16 facilities, food service facilities, and similar 17 accommodations. With respect to lands leased from the federal 18 government or any agency of the federal governmentthereof, 19 the Department may sub-lease thosesuchlands for a period 20 not to exceed the time of duration of the federal lease with 21 the same renewal options that are contained in the federal 22 lease. All such leases or sub-leases, for whatever period, 23 shall be made subject to the written approval of the 24 Governor. 25 (Source: P.A. 84-984.) 26 (20 ILCS 805/805-305 new) 27 (was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23) 28 Sec. 805-305.63a23.Campsites and housing facilities. 29 The Department has the power to provide facilities for 30 overnight tent and trailer camp sites and to provide suitable 31 housing facilities for student and juvenile overnight camping 32 groups. The Department of Natural Resources may regulate, by HB0236 Enrolled -225- LRB9100031DJcdA 1 administrative order, the fees to be charged for tent and 2 trailer camping units at individual park areas based upon the 3 facilities available. However, for campsites with access to 4 showers or electricity, any Illinois resident who is age 62 5 or older or has a Class 2 disability as defined in Section 4A 6 of the Illinois Identification Card Act shall be charged only 7 one-half of the camping fee charged to the general public 8 during the period Monday through Thursday of any week and 9 shall be charged the same camping fee as the general public 10 on all other days. For campsites without access to showers 11 or electricity, no camping fee authorized by this Section 12 shall be charged to any resident of Illinois who has a Class 13 2 disability as defined in Section 4A of the Illinois 14 Identification Card Act. For campsites without access to 15 showers or electricity, no camping fee authorized by this 16 Section shall be charged to any resident of Illinois who is 17 age 62 or older for the use of a camp site unit during the 18 period Monday through Thursday of any week. No camping fee 19 authorized by this Section shall be charged to any resident 20 of Illinois who is a disabled veteran or a former prisoner of 21 war, as defined in Section 5 of the Department of Veterans 22 Affairs Act. Nonresidents shall be charged the same fees as 23 are authorized for the general public regardless of age. The 24 Department shall provide by regulation for suitable proof of 25 age, or either a valid driver's license or a "Golden Age 26 Passport" issued by the federal government shall be 27 acceptable as proof of age. The Department shall further 28 provide by regulation that notice of thesesuchreduced 29 admission fees be posted in a conspicuous place and manner. 30 Reduced fees authorized in this Section shall not apply 31 to any charge for utility service. 32 (Source: P.A. 88-91; 89-445, eff. 2-7-96.) 33 (20 ILCS 805/805-310 new) HB0236 Enrolled -226- LRB9100031DJcdA 1 (was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24) 2 Sec. 805-310. Lease of campsite facilities from State 3 Parks Revenue Bond Commission. The Department has the power 463a24.to lease from the State Parks Revenue Bond Commission 5 any facilities for overnight tent and trailer campsites 6 constructed by the Commission that the Department may 7 consider desirable or necessary for the efficient operation 8 of the State Parks System. The income collected from these 9suchoperations shall be deposited in the State Parks Revenue 10 Bond Fund. 11 (Source: Laws 1967, p. 1088.) 12 (20 ILCS 805/805-315 new) 13 (was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2) 14 Sec. 805-315. Cash incentives for concession complexes. 15 The Department has the power63a21.2.to offer a cash 16 incentive not to exceed 35% of the total documented costs to 17 a qualified bidder for the development, construction, and 18 supervision by thesuchbidder of any concession complex, 19 including but not limited to resort hotels, park lodges, 20 marinas, golf courses, recreational developments, and 21 ancillary or support facilities pertinent thereto, on any 22 property leased to or under the jurisdiction of the 23 Department; provided, however, that all contracts utilizing 24 the State cash incentive program pursuant to this Section 25 shall be subject to public bidding and to the written 26 approval of the Governor. Prior to approval by the Governor, 27 the Department shall give reasonable public notice and 28 conduct a public hearing in a community close to the proposed 29 project. 30 (Source: P.A. 85-699; 86-1189.) 31 (20 ILCS 805/805-320 new) 32 (was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3) HB0236 Enrolled -227- LRB9100031DJcdA 1 Sec. 805-320. Cash incentive for concession complex at 2 Fort Massac State Park. The Department has the power 363a21.3.to offer a cash incentive not to exceed $400,000, 4 excluding land value, to a qualified bidder for the 5 development, construction, and supervision by thesuchbidder 6 of a concession complex at Fort Massac State Park, including 7 but not limited to a water recreational park, recreational 8 developments, and ancillary or support facilities pertinent 9 thereto, on any property leased to or under the jurisdiction 10 of the Department; provided, however, that all contracts 11 utilizing the State cash incentive program pursuant to this 12 Section shall be subject to public bidding and to the written 13 approval of the Governor. Prior to approval by the Governor, 14 the Department shall give reasonable public notice and 15 conduct a public hearing in a community close to the proposed 16 project. 17 (Source: P.A. 84-1316.) 18 (20 ILCS 805/805-325 new) 19 (was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25) 20 Sec. 805-325. Public boat launching facilities; 21 artificial water impoundments. The Department has the power 2263a25.to cooperate and contract with municipalities, 23 counties, or other local governmental units to construct and 24 operate public boat launching facilities on the public waters 25 of this State and to build roads and parking areas in 26 connection therewith and to participate with all such 27 governmental units in planning and constructing artificial 28 water impoundments for recreational purposes. 29 (Source: Laws 1967, p. 1088.) 30 (20 ILCS 805/805-330 new) 31 (was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14) 32 Sec. 805-330. Lease of concessions. The Department has HB0236 Enrolled -228- LRB9100031DJcdA 1 the power63a14.to lease concessions on any property under 2 the jurisdiction of the Departmentof Natural Resourcesfor a 3 period not exceeding 25 years. All such leases, for whatever 4 period, shall be made subject to the written approval of the 5 Governor. All concession leases executed after January 1, 6 1982, extending for a period in excess of 10 years, shall 7willcontain provisions for the Department to participate, on 8 a percentage basis, in the revenues generated by any 9 concession operation. 10 The Departmentof Natural Resourcesis authorized to 11 allow for provisions for a reserve account and a leasehold 12 account included within departmental concession lease 13 agreements for the purpose of setting aside revenues for the 14 maintenance, rehabilitation, repair, improvement, and 15 replacement of the concession facility, structure, and 16 equipment of the Department thatof Natural Resources which17 are a part of the leased premises. 18 The leasehold account shall allow for the amortization of 19 certain authorized expenses that are incurred by the 20 concession lessee,but thatwhichare not an obligation of 21 the lessee under the terms and conditions of the lease 22 agreement. The Departmentof Natural Resourcesmay allow a 23 reduction of up to 50% of the monthly rent due for the 24 purpose of enabling the recoupment of the lessee's authorized 25 expenditures during the term of the lease. 26 The lessee shall be required to pay into the reserve 27 account a percentage of gross receipts, as set forth in the 28 lease, to be set aside and expended in a manner acceptable to 29 the Department by the concession lessee for the purpose of 30 ensuring that an appropriate amount of the lessee's monies 31 are provided by the lessee to satisfy the lessee's incurred 32 responsibilities for the operation of the concession facility 33 under the terms and conditions of the concession lease. 34 (Source: P.A. 89-445, eff. 2-7-96.) HB0236 Enrolled -229- LRB9100031DJcdA 1 (20 ILCS 805/805-335 new) 2 (was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1) 3 Sec. 805-335.63a21.1.Fees. The Department has the 4 power to assess appropriate and reasonable fees for the use 5 of concession type facilities as well as other facilities and 6 sites under the jurisdiction of the Departmentof Natural7Resources. The Department may regulate, by rule, the fees to 8 be charged. The income collected shall be deposited intoin9 the State Parks Fund or Wildlife and Fish Fund depending on 10 the classification of the State managed facility involved. 11 (Source: P.A. 89-445, eff. 2-7-96; 90-655, eff. 7-30-98.) 12 (20 ILCS 805/805-400 new) 13 (was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22) 14 Sec. 805-400. Rental of watercraft. The Department has 15 the power63a22.to provide rowboats and other watercraft for 16 daily rental at a reasonable fee at any of the State parks, 17 public hunting areas, public fishing areas, or other 18 properties of the Departmentof Natural Resourceswhere those 19suchboating facilities are considered feasible. 20 (Source: P.A. 89-445, eff. 2-7-96.) 21 (20 ILCS 805/805-405 new) 22 (was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30) 23 Sec. 805-405. Sale of publications and craft items. The 24 Department has the power63a30.to cooperate with private 25 organizations and agencies of the State of Illinois by 26 providing areas and the use of staff personnel where feasible 27 for the sale of publications on the natural and cultural 28 heritage of the State and craft items made by Illinois 29 craftsmen. TheSuchsales shall not conflict with existing 30 concession agreements. The Department is authorized to 31 negotiate with thosesuchorganizations and agencies for a 32 portion of the monies received from sales to be returned to HB0236 Enrolled -230- LRB9100031DJcdA 1 the Department's State Parks Fund for the furtherance of 2 interpretive and restoration programs. 3 (Source: P.A. 79-332; 79-847; 79-1454.) 4 (20 ILCS 805/805-410 new) 5 (was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32) 6 Sec. 805-410. Local bank accounts. The Department has 7 the power63a32.to establish local bank or savings and loan 8 association accounts, upon the written authorization of the 9 Director, to temporarily hold income received at any of its 10 properties.SuchLocal accounts established pursuant to this 11 Section shall be in the name of the Departmentof Natural12Resourcesand shall be subject to regular audits. The 13 balance in a local bank or savings and loan association 14 account shall be forwarded to the Departmentof Natural15Resourcesfor deposit with the State Treasurer on Monday of 16 each week if the amount to be deposited in a fund exceeds 17 $500. 18 No bank or savings and loan association shall receive 19 public funds as permitted by this Section,unless it has 20 complied with the requirements established pursuant to 21 Section 6 of the Public Funds Investment Act"An Act relating22to certain investments of public funds by public agencies",23approved July 23, 1943, as now or hereafter amended. 24 (Source: P.A. 89-445, eff. 2-7-96.) 25 (20 ILCS 805/805-420 new) 26 (was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36) 27 Sec. 805-420. Appropriations from Park and Conservation 28 Fund. The Department has the power63a36.to expend monies 29 appropriated to the Departmentof Natural Resourcesfrom the 30 Park and Conservation Fund in the State treasury for 31 conservation and park purposes. 32 All revenue derived from fees paid for certificates of HB0236 Enrolled -231- LRB9100031DJcdA 1 title, duplicate certificates of title and corrected 2 certificates of title and deposited in the Park and 3 Conservation Fund, as provided for in Section 2-119 of the 4 Illinois Vehicle Code, shall be expended solely by the 5 Departmentof Natural Resourcespursuant to an appropriation 6 for acquisition, development, and maintenance of bike paths, 7 including grants for the acquisition and development of bike 8 paths. 9 (Source: P.A. 89-445, eff. 2-7-96.) 10 (20 ILCS 805/805-425 new) 11 (was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3) 12 Sec. 805-425. Purchase of advertising.63b2.3.The 13 Departmentof Natural Resourceshas the power and authority 14 to purchase advertising for the purpose of education programs 15 concerning conservation. 16 (Source: P.A. 89-445, eff. 2-7-96.) 17 (20 ILCS 805/805-430 new) 18 (was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4) 19 Sec. 805-430. Sale of advertising.63b2.4.The 20 Departmentof Natural Resourceshas the power and authority 21 to sell or exchange advertising rights in its publications 22 and printed materials. The sale of advertising shall be 23 subject to the rules and regulations promulgated by the 24 Department. All income received from the sale of advertising 25 shall be deposited in the Wildlife and Fish Fund, except that 26 income received from advertising in State Park brochures 27 shall be deposited into the State Parks Fund and income 28 received from advertising in boating or snowmobile program 29 literature shall be deposited in the State Boating Act Fund. 30 (Source: P.A. 88-130; 89-445, eff. 2-7-96.) 31 (20 ILCS 805/805-435 new) HB0236 Enrolled -232- LRB9100031DJcdA 1 (was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5) 2 Sec. 805-435. Office of Conservation Resource Marketing. 363b2.5.The Departmentof Natural Resourcesshall maintain 4 an Office of Conservation Resource Marketing. The Office 5 shall conduct a program for marketing and promoting the use 6 of conservation resources in Illinois with emphasis on 7 recreation and tourism facilities. TheSuchOffice shall 8 coordinate its tourism promotion efforts with local community 9 events and shall include a field staff which shall work with 10 the Department of Commerce and Community Affairs and local 11 officials to coordinate State and local activities for the 12 purpose of expanding tourism and local economies. The Office 13 shall develop, review, and coordinate brochures and 14 information pamphlets for promoting the use of conservation 15 resources. The Office shall conduct marketing research to 16 identify organizations and target populations thatwhichcan 17 be encouraged to use Illinois recreation facilities for group 18 events and the many tourist sites. 19 The Directorof Natural Resourcesshall submit an annual 20 report to the Governor and the General Assembly summarizing 21 the Office'sitsactivities and including its recommendations 22 for improving the Department's tourism promotion and 23 marketing programs for conservation resources. 24 (Source: P.A. 89-445, eff. 2-7-96.) 25 (20 ILCS 805/805-500 new) 26 (was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12) 27 Sec. 805-500. Transfer from Department of Public Works 28 and Buildings. The Department has the power63a12.to 29 exercise the rights, powers, and duties vested by law in the 30 Department of Public Works and Buildings as the successor of 31 the following agencies, their officers and employees: the 32 Illinois Park Commission, the Lincoln Homestead trustees, and 33 the board of commissioners of and for the Lincoln Monument HB0236 Enrolled -233- LRB9100031DJcdA 1 grounds. 2 (Source: Laws 1967, p. 1088.) 3 (20 ILCS 805/805-505 new) 4 (was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31) 5 Sec. 805-505. Transfer from Illinois Bicentennial 6 Commission. The Department has the power63a31.to exercise 7 the rights, powers, and duties of the Illinois Bicentennial 8 Commission under the"Illinois Bicentennial Commission Act", 9 approved August 2, 1972 (repealed), as amended. All books, 10 records, equipment, and other property held by or in the 11 custody of Illinois Bicentennial Commission shall be 12 transferred to the Department of Natural Resources (formerly 13 designated the Department of Conservation), which shall be 14 the successor agency to the Commission. Every person or 15 legal entity who entered into any agreement with the Illinois 16 Bicentennial Commission shall be subject to the same 17 obligations and duties and shall have the same rights as if 18 that person or legal entity had entered in the agreement with 19 the Department of Natural Resources. 20 (Source: P.A. 89-445, eff. 2-7-96.) 21 (20 ILCS 805/805-510 new) 22 (was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13) 23 Sec. 805-510. Public monuments and memorials. The 24 Department has the power63a13.to erect, supervise, and 25 maintain all public monuments and memorials erected by the 26 State on properties under the jurisdiction of the Department 27 of Natural Resources, except when the supervision and 28 maintenance of a monument or memorialthereofis otherwise 29 provided by law. Under the power granted by this Section the 30 Department shall (i) provide a site in Rock Cut State Park 31 for the Winnebago County Vietnam Veterans' Memorial;and (ii) 32 allow the Vietnam Veterans' Honor Society to erect the HB0236 Enrolled -234- LRB9100031DJcdA 1 Memorial of an agreed design. 2 (Source: P.A. 90-372, eff. 7-1-98.) 3 (20 ILCS 805/805-515 new) 4 (was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28) 5 Sec. 805-515. Enforcement of laws and regulations. The 6 Department has the power63a28.to enforce the laws of the 7 State and the rules and regulations of the Department in or 8 on any lands owned, leased, or managed by the Department and 9 any lands that are dedicated as a nature preserve or buffer 10 area under the"Illinois Natural Areas Preservation Act", as11now or hereafter amended. 12 (Source: P.A. 82-445.) 13 (20 ILCS 805/805-520 new) 14 (was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11) 15 Sec. 805-520. Operation of motorboats. The Department 16 has the power63a11.to enforce the provisions of "An Act 17 regulating the operation of motorboats", approved July 18, 18 1947 (repealed). 19 (Source: Laws 1967, p. 1088.) 20 (20 ILCS 805/805-525 new) 21 (was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15) 22 Sec. 805-525. Regulation of boats on lakes. The 23 Department has the power63a15.to designate the size, type, 24 and kind of boats that may be used on lakes owned and 25 operated by the Department and to charge a reasonable annual 26 service, usage, or rental fee for the use of privately owned 27 boats on thosesuchlakes. 28 (Source: Laws 1967, p. 1088.) 29 (20 ILCS 805/805-530 new) 30 (was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9) HB0236 Enrolled -235- LRB9100031DJcdA 1 Sec. 805-530. Agents' entry on lands and waters.63a9.2 The officers, employees, and agents of the Departmentof3Natural Resources, for the purposes of investigation and to 4 exercise the rights, powers, and duties vested and that may 5 be vested in it, may enter and cross all lands and waters in 6 this State, doing no damage to private property. 7 (Source: P.A. 89-445, eff. 2-7-96.) 8 (20 ILCS 805/805-535 new) 9 (was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2) 10 Sec. 805-535. Conservation Police Officers.63b2.2.In 11 addition to the arrest powers prescribed by law, Conservation 12 Police Officers are conservators of the peace and as such 13 have all powers possessed by policemen, except that they may 14 exercise thosesuchpowers anywhere in this State. 15 Conservation Police Officers acting under the authority of 16 this Section are considered employees of the Department and 17 are subject to its direction, benefits, and legal protection. 18 (Source: P.A. 83-483.) 19 (20 ILCS 805/805-540 new) 20 (was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6) 21 Sec. 805-540. Enforcement of adjoining state's laws. 2263b2.6.The Directorof Natural Resourcesmay grant 23 authority to the officers of any adjoining state who are 24 authorized and directed to enforce the laws of that state 25 relating to the protection of flora and fauna to take any of 26 the following actions and have the following powers within 27 the State of Illinois: 28 (1) To follow, seize, and return to the adjoining 29 state any flora or fauna or part thereof shipped or taken 30 from the adjoining state in violation of the laws of that 31 state and brought into this State. 32 (2) To dispose of any such flora or fauna or part HB0236 Enrolled -236- LRB9100031DJcdA 1 thereof under the supervision of an Illinois Conservation 2 Police Officer. 3 (3) To enforce as an agent of this State, with the 4 same powers as an Illinois Conservation Police Officer, 5 each of the following laws of this State: 6 (i) The Illinois Endangered Species Protection 7 Act.;8 (ii) The Fish and Aquatic Life Code.;9 (iii) The Wildlife Code.;10 (iv) The Wildlife Habitat Management Areas Act 11 .;12 (v) The Hunter Interference Prohibition Act.;13 (vi) The Illinois Non-Game Wildlife Protection 14 Act.;15 (vii) The Ginseng Harvesting Act.;16 (viii) The State Forest Act.;17 (ix) The Forest Products Transportation Act.;18 (x) The Timber Buyers Licensing Act..19 Any officer of an adjoining state acting under a power or 20 authority granted by the Directorof Natural Resources21 pursuant to this Section shall act without compensation or 22 other benefits from this State and without this State having 23 any liability for the acts or omissions of that officer. 24 (Source: P.A. 89-445, eff. 2-7-96.) 25 (20 ILCS 1005/Art. 1005 heading new) 26 ARTICLE 1005. DEPARTMENT OF EMPLOYMENT SECURITY 27 (20 ILCS 1005/1005-1 new) 28 Sec. 1005-1. Article short title. This Article 1005 of 29 the Civil Administrative Code of Illinois may be cited as the 30 Department of Employment Security Law. 31 (20 ILCS 1005/1005-5 new) HB0236 Enrolled -237- LRB9100031DJcdA 1 Sec. 1005-5. Definitions. In this Law: 2 "Department" means the Department of Employment Security. 3 "Director" means the Director of Employment Security. 4 (20 ILCS 1005/1005-10 new) 5 (was 20 ILCS 1005/43a) (from Ch. 127, par. 43a) 6 Sec. 1005-10. Powers, generally.43a.The Departmentof7Employment Securityhas the powers enumerated in the 8 following Sections43a.01 to 43a.12. 9 (Source: P.A. 84-1430.) 10 (20 ILCS 1005/1005-15 new) 11 (was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02) 12 Sec. 1005-15. Employment opportunities. The Department 13 has the power43a.02.to advance opportunities for 14 profitable employment. 15 (Source: P.A. 83-1503.) 16 (20 ILCS 1005/1005-20 new) 17 (was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04) 18 Sec. 1005-20. Statistical details of manufacturing 19 industries and commerce. The Department has the power 2043a.04.to collect, collate, assort, systematize, and report 21 statistical details of the manufacturing industries and 22 commerce of the State. 23 (Source: P.A. 83-1503.) 24 (20 ILCS 1005/1005-25 new) 25 (was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05) 26 Sec. 1005-25. Labor information. The Department has the 27 power43a.05.to acquire and diffuse useful information on 28 subjects connected with labor in the most general and 29 comprehensive sense of that word. 30 (Source: P.A. 83-1503.) HB0236 Enrolled -238- LRB9100031DJcdA 1 (20 ILCS 1005/1005-30 new) 2 (was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03) 3 Sec. 1005-30. Statistical details relating to 4 departments of labor. The Department has the power43a.03.5 to collect, collate, assort, systematize, and report 6 statistical details relating to all departments of labor, 7 especially in its relation to commercial, industrial, social, 8 educational, and sanitary conditions, and to the permanent 9 prosperity of the manufacturing and productive industries. 10 (Source: P.A. 83-1503.) 11 (20 ILCS 1005/1005-35 new) 12 (was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07) 13 Sec. 1005-35. General conditions of leading industries. 14 The Department has the power43a.07.to acquire information 15 and report upon the general conditions, so far as production 16 is concerned, of the leading industries of the State. 17 (Source: P.A. 83-1503.) 18 (20 ILCS 1005/1005-40 new) 19 (was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08) 20 Sec. 1005-40. Conditions of employment. The Department 21 has the power43a.08.to acquire and diffuse information as 22 to the conditions of employment,andsuchother facts thatas23may be deemed of value to the industrial interests of the 24 State. 25 (Source: P.A. 83-1503.) 26 (20 ILCS 1005/1005-45 new) 27 (was 20 ILCS 1005/43a.06) (from Ch. 127, par. 43a.06) 28 Sec. 1005-45. Prosperity of laboring men and women. The 29 Department has the power43a.06.to acquire and diffuse 30 among the people useful information concerning the means of 31 promoting the material, social, intellectual, and moral HB0236 Enrolled -239- LRB9100031DJcdA 1 prosperity of laboring men and women. 2 (Source: P.A. 83-1503.) 3 (20 ILCS 1005/1005-50 new) 4 (was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11) 5 Sec. 1005-50. Welfare of wage earners. The Department 6 has the power43a.11.to foster, promote, and develop the 7 welfare of wage earners. 8 (Source: P.A. 83-1503.) 9 (20 ILCS 1005/1005-75 new) 10 (was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12) 11 Sec. 1005-75. Jobs for summer employment of youth. The 12 Department has the power43a.12.to make available through 13 itstheofficesof the Department of Employment Securitya 14 listing of all jobs available in each area for the summer 15 employment of youth. 16 (Source: P.A. 84-1430.) 17 (20 ILCS 1005/1005-100 new) 18 (was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01) 19 Sec. 1005-100.43a.01.Public employment offices. The 20 Department has the power to exercise the rights, powers, and 21 duties vested by law in the general advisory board of public 22 employment offices, local advisory boards of public 23 employment offices, and other officers and employees of 24 public employment offices. 25 (Source: P.A. 90-372, eff. 7-1-98.) 26 (20 ILCS 1005/1005-105 new) 27 (was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09) 28 Sec. 1005-105.43a.09.Administration of Unemployment 29 Insurance Act. The Department has the power to administer the 30 provisions of the Unemployment Insurance Act insofar as those HB0236 Enrolled -240- LRB9100031DJcdA 1 provisions relate to the powers and duties of the Directorof2the Department of