State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

91_SB1860enr

 
SB1860 Enrolled                               LRB9102178JMmbA

 1        AN  ACT  concerning  membership,  duties,   rights,   and
 2    obligations  of authorities, boards, commissions, committees,
 3    and other appointed bodies.

 4        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section 5.  The Illinois Public Labor  Relations  Act  is
 7    amended  by  changing  Sections 3, 5, 12, and 15.1 and adding
 8    Section 5.1 as follows:

 9        (5 ILCS 315/3) (from Ch. 48, par. 1603)
10        Sec. 3.  Definitions.  As used in this  Act,  unless  the
11    context otherwise requires:
12        (a)  "Board"   or  "governing  board"  means  either  the
13    Illinois State Labor Relations Board or, with  respect  to  a
14    matter  over  which the jurisdiction of the Board is assigned
15    to the State Panel or the Local Panel under  Section  5,  the
16    panel  having jurisdiction over the matter the Illinois Local
17    Labor Relations Board.
18        (b)  "Collective bargaining" means bargaining over  terms
19    and  conditions  of  employment,  including hours, wages, and
20    other conditions of employment, as detailed in Section 7  and
21    which are not excluded by Section 4.
22        (c)  "Confidential  employee"  means  an employee who, in
23    the regular course of his or her duties, assists and acts  in
24    a  confidential capacity to persons who formulate, determine,
25    and effectuate  management  policies  with  regard  to  labor
26    relations or who, in the regular course of his or her duties,
27    has   authorized   access  to  information  relating  to  the
28    effectuation  or  review   of   the   employer's   collective
29    bargaining policies.
30        (d)  "Craft  employees"  means skilled journeymen, crafts
31    persons, and their apprentices and helpers.
 
SB1860 Enrolled            -2-                LRB9102178JMmbA
 1        (e)  "Essential services employees"  means  those  public
 2    employees   performing   functions   so  essential  that  the
 3    interruption or termination of the function will constitute a
 4    clear and present danger to the  health  and  safety  of  the
 5    persons in the affected community.
 6        (f)  "Exclusive  representative",  except with respect to
 7    non-State fire  fighters  and  paramedics  employed  by  fire
 8    departments  and  fire  protection districts, non-State peace
 9    officers, and peace  officers  in  the  Department  of  State
10    Police,  means  the  labor  organization  that  has  been (i)
11    designated by the Board as the representative of  a  majority
12    of  public  employees  in  an  appropriate bargaining unit in
13    accordance with the procedures contained in  this  Act,  (ii)
14    historically  recognized  by  the  State  of  Illinois or any
15    political subdivision of the State before July 1,  1984  (the
16    effective  date  of this Act) as the exclusive representative
17    of the employees in an appropriate bargaining unit, or  (iii)
18    after   July  1,  1984  (the  effective  date  of  this  Act)
19    recognized by an employer upon evidence,  acceptable  to  the
20    Board, that the labor organization has been designated as the
21    exclusive representative by a majority of the employees in an
22    appropriate bargaining unit.
23        With  respect  to  non-State fire fighters and paramedics
24    employed by fire departments and fire  protection  districts,
25    non-State   peace   officers,   and  peace  officers  in  the
26    Department of State Police, "exclusive representative"  means
27    the  labor  organization  that has been (i) designated by the
28    Board as the representative of a majority of  peace  officers
29    or  fire  fighters  in  an  appropriate  bargaining  unit  in
30    accordance  with  the  procedures contained in this Act, (ii)
31    historically recognized by  the  State  of  Illinois  or  any
32    political  subdivision  of  the  State before January 1, 1986
33    (the effective date of this amendatory Act of  1985)  as  the
34    exclusive  representative by a majority of the peace officers
 
SB1860 Enrolled            -3-                LRB9102178JMmbA
 1    or fire fighters in an appropriate bargaining unit, or  (iii)
 2    after  January 1, 1986 (the effective date of this amendatory
 3    Act  of  1985)  recognized  by  an  employer  upon  evidence,
 4    acceptable to the Board, that the labor organization has been
 5    designated as the exclusive representative by a  majority  of
 6    the  peace  officers  or  fire  fighters  in  an  appropriate
 7    bargaining unit.
 8        (g)  "Fair  share  agreement"  means an agreement between
 9    the employer and an employee organization under which all  or
10    any  of  the  employees  in  a collective bargaining unit are
11    required to pay their proportionate share of the costs of the
12    collective bargaining process, contract  administration,  and
13    pursuing matters affecting wages, hours, and other conditions
14    of employment, but not to exceed the amount of dues uniformly
15    required  of  members.  The amount certified by the exclusive
16    representative shall not include any fees  for  contributions
17    related  to  the  election  or  support  of any candidate for
18    political  office.  Nothing  in  this  subsection  (g)  shall
19    preclude  an  employee  from   making   voluntary   political
20    contributions  in  conjunction  with  his  or  her fair share
21    payment.
22        (g-1)  "Fire fighter" means, for the purposes of this Act
23    only, any person who has been or is hereafter appointed to  a
24    fire  department or fire protection district or employed by a
25    state university and sworn or commissioned  to  perform  fire
26    fighter duties or paramedic duties, except that the following
27    persons are not included: part-time fire fighters, auxiliary,
28    reserve  or  voluntary  fire fighters, including paid on-call
29    fire fighters,  clerks  and  dispatchers  or  other  civilian
30    employees  of  a  fire department or fire protection district
31    who are  not  routinely  expected  to  perform  fire  fighter
32    duties, or elected officials.
33        (g-2)  "General  Assembly of the State of Illinois" means
34    the legislative branch of the  government  of  the  State  of
 
SB1860 Enrolled            -4-                LRB9102178JMmbA
 1    Illinois,   as   provided   for   under  Article  IV  of  the
 2    Constitution of the State of Illinois, and  includes  but  is
 3    not  limited to the House of Representatives, the Senate, the
 4    Speaker of the House of Representatives, the Minority  Leader
 5    of the House of Representatives, the President of the Senate,
 6    the  Minority  Leader  of  the Senate, the Joint Committee on
 7    Legislative Support  Services  and  any  legislative  support
 8    services   agency   listed   in  the  Legislative  Commission
 9    Reorganization Act of 1984.
10        (h)  "Governing body" means, in the case  of  the  State,
11    the  State  Panel  of the Illinois Labor Relations Board, the
12    Director of the Department of  Central  Management  Services,
13    and the Director of the Department of Labor; the county board
14    in  the  case  of  a county; the corporate authorities in the
15    case of a municipality; and the appropriate  body  authorized
16    to  provide  for expenditures of its funds in the case of any
17    other unit of government.
18        (i)  "Labor organization" means any organization in which
19    public employees participate and that exists for the purpose,
20    in whole or in  part,  of  dealing  with  a  public  employer
21    concerning  wages,  hours,  and other terms and conditions of
22    employment, including the settlement of grievances.
23        (j)  "Managerial employee" means  an  individual  who  is
24    engaged  predominantly  in executive and management functions
25    and is charged  with  the  responsibility  of  directing  the
26    effectuation of management policies and practices.
27        (k)  "Peace  officer" means, for the purposes of this Act
28    only, any persons who have been or are hereafter appointed to
29    a  police  force,  department,  or  agency   and   sworn   or
30    commissioned  to  perform  police  duties,  except  that  the
31    following   persons   are   not  included:  part-time  police
32    officers,  special  police  officers,  auxiliary  police   as
33    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
34    night watchmen, "merchant police", court security officers as
 
SB1860 Enrolled            -5-                LRB9102178JMmbA
 1    defined by Section 3-6012.1 of the Counties  Code,  temporary
 2    employees,  traffic guards or wardens, civilian parking meter
 3    and  parking  facilities  personnel  or   other   individuals
 4    specially  appointed  to  aid  or  direct  traffic at or near
 5    schools or public functions or to aid  in  civil  defense  or
 6    disaster,   parking   enforcement   employees   who  are  not
 7    commissioned as peace officers and who are not armed and  who
 8    are  not  routinely  expected  to effect arrests, parking lot
 9    attendants,  clerks  and  dispatchers   or   other   civilian
10    employees  of  a  police  department  who  are  not routinely
11    expected to effect arrests, or elected officials.
12        (l)  "Person" includes one  or  more  individuals,  labor
13    organizations,  public employees, associations, corporations,
14    legal  representatives,  trustees,  trustees  in  bankruptcy,
15    receivers,  or  the  State  of  Illinois  or  any   political
16    subdivision  of  the  State  or  governing body, but does not
17    include the General Assembly of the State of Illinois or  any
18    individual  employed  by the General Assembly of the State of
19    Illinois.
20        (m)  "Professional employee" means any  employee  engaged
21    in  work  predominantly  intellectual and varied in character
22    rather than routine mental, manual,  mechanical  or  physical
23    work;  involving  the  consistent  exercise of discretion and
24    adjustment in its performance; of such a character  that  the
25    output   produced   or  the  result  accomplished  cannot  be
26    standardized in relation to  a  given  period  of  time;  and
27    requiring  advanced  knowledge  in  a  field  of  science  or
28    learning  customarily  acquired  by  a  prolonged  course  of
29    specialized   intellectual   instruction   and  study  in  an
30    institution  of   higher   learning   or   a   hospital,   as
31    distinguished  from  a  general  academic  education  or from
32    apprenticeship or from training in the performance of routine
33    mental, manual, or physical processes; or  any  employee  who
34    has   completed   the  courses  of  specialized  intellectual
 
SB1860 Enrolled            -6-                LRB9102178JMmbA
 1    instruction and study prescribed in this subsection  (m)  and
 2    is  performing  related  work  under  the  supervision  of  a
 3    professional  person  to  qualify  to  become  a professional
 4    employee as defined in this subsection (m).
 5        (n)  "Public employee" or "employee", for the purposes of
 6    this Act, means any individual employed by a public employer,
 7    including interns and  residents  at  public  hospitals,  but
 8    excluding  all  of  the  following:  employees of the General
 9    Assembly  of  the  State  of  Illinois;  elected   officials;
10    executive  heads  of  a  department;  members  of  boards  or
11    commissions;  employees  of  any  agency, board or commission
12    created by this Act; employees appointed to  State  positions
13    of  a  temporary or emergency nature; all employees of school
14    districts   and   higher   education   institutions    except
15    firefighters   and   peace   officers  employed  by  a  state
16    university;  managerial  employees;   short-term   employees;
17    confidential    employees;   independent   contractors;   and
18    supervisors except as provided in this Act.
19        Notwithstanding Section 9, subsection (c), or  any  other
20    provisions  of this Act, all peace officers above the rank of
21    captain  in   municipalities   with   more   than   1,000,000
22    inhabitants shall be excluded from this Act.
23        (o)  "Public  employer"  or "employer" means the State of
24    Illinois; any political subdivision of  the  State,  unit  of
25    local  government  or  school district; authorities including
26    departments,  divisions,  bureaus,  boards,  commissions,  or
27    other agencies of the  foregoing  entities;  and  any  person
28    acting  within  the scope of his or her authority, express or
29    implied, on behalf of those  entities  in  dealing  with  its
30    employees.  "Public  employer"  or "employer" as used in this
31    Act, however, does not mean and shall not include the General
32    Assembly of the State of Illinois and  educational  employers
33    or  employers  as  defined  in the Illinois Educational Labor
34    Relations Act, except with respect to a state  university  in
 
SB1860 Enrolled            -7-                LRB9102178JMmbA
 1    its  employment  of  firefighters and peace officers.  County
 2    boards and county sheriffs shall be designated  as  joint  or
 3    co-employers  of  county  peace  officers appointed under the
 4    authority of a county sheriff.  Nothing  in  this  subsection
 5    (o)  shall  be  construed to prevent the State Panel Board or
 6    the Local Panel Board from  determining  that  employers  are
 7    joint or co-employers.
 8        (p)  "Security   employee"   means  an  employee  who  is
 9    responsible for the supervision and  control  of  inmates  at
10    correctional   facilities.   The  term  also  includes  other
11    non-security  employees  in  bargaining  units   having   the
12    majority  of  employees being responsible for the supervision
13    and control of inmates at correctional facilities.
14        (q)  "Short-term  employee"  means  an  employee  who  is
15    employed for less than 2 consecutive calendar quarters during
16    a calendar year and who does not have a reasonable  assurance
17    that  he  or she will be rehired by the same employer for the
18    same service in a subsequent calendar year.
19        (r)  "Supervisor" is an employee whose principal work  is
20    substantially  different from that of his or her subordinates
21    and who has authority, in the interest of  the  employer,  to
22    hire, transfer, suspend, lay off, recall, promote, discharge,
23    direct,  reward,  or  discipline  employees,  to adjust their
24    grievances, or to effectively recommend any of those actions,
25    if the exercise of that authority is not of a merely  routine
26    or  clerical  nature,  but  requires  the  consistent  use of
27    independent  judgment.  Except   with   respect   to   police
28    employment,   the   term  "supervisor"  includes  only  those
29    individuals who devote a preponderance  of  their  employment
30    time   to   exercising   that  authority,  State  supervisors
31    notwithstanding.  In  addition,  in  determining  supervisory
32    status in police employment, rank shall not be determinative.
33    The  Board  shall  consider,  as  evidence of bargaining unit
34    inclusion or exclusion, the common law  enforcement  policies
 
SB1860 Enrolled            -8-                LRB9102178JMmbA
 1    and   relationships   between   police   officer   ranks  and
 2    certification under applicable civil service law, ordinances,
 3    personnel codes,  or  Division  2.1  of  Article  10  of  the
 4    Illinois  Municipal  Code, but these factors shall not be the
 5    sole or  predominant  factors  considered  by  the  Board  in
 6    determining police supervisory status.
 7        Notwithstanding   the   provisions   of   the   preceding
 8    paragraph,  in determining supervisory status in fire fighter
 9    employment, no fire fighter shall be excluded as a supervisor
10    who has established representation rights under Section 9  of
11    this  Act.   Further,  in  new  fire fighter units, employees
12    shall consist of fire fighters of the rank of company officer
13    and below. If a company  officer  otherwise  qualifies  as  a
14    supervisor  under the preceding paragraph, however, he or she
15    shall not be included in the fire fighter unit.  If there  is
16    no  rank  between  that  of  chief  and  the  highest company
17    officer, the employer may designate a position on each  shift
18    as  a  Shift  Commander,  and  the  persons  occupying  those
19    positions  shall  be supervisors.  All other ranks above that
20    of company officer shall be supervisors.
21        (s) (1)  "Unit" means a class of jobs or  positions  that
22        are  held  by  employees  whose  collective interests may
23        suitably be  represented  by  a  labor  organization  for
24        collective  bargaining.  Except with respect to non-State
25        fire fighters and paramedics employed by fire departments
26        and fire protection districts, non-State peace  officers,
27        and  peace  officers in the Department of State Police, a
28        bargaining unit determined by the Board shall not include
29        both employees  and  supervisors,  or  supervisors  only,
30        except  as  provided  in paragraph (2) of this subsection
31        (s) and except for bargaining units in existence on  July
32        1,  1984  (the effective date of this Act).  With respect
33        to non-State fire fighters  and  paramedics  employed  by
34        fire departments and fire protection districts, non-State
 
SB1860 Enrolled            -9-                LRB9102178JMmbA
 1        peace  officers,  and peace officers in the Department of
 2        State Police, a bargaining unit determined by  the  Board
 3        shall not include both supervisors and nonsupervisors, or
 4        supervisors  only, except as provided in paragraph (2) of
 5        this subsection (s) and except for  bargaining  units  in
 6        existence  on January 1, 1986 (the effective date of this
 7        amendatory Act of 1985).  A bargaining unit determined by
 8        the Board to contain  peace  officers  shall  contain  no
 9        employees  other  than  peace  officers  unless otherwise
10        agreed to by the employer and the labor  organization  or
11        labor  organizations involved.  Notwithstanding any other
12        provision of this Act, a  bargaining  unit,  including  a
13        historical   bargaining   unit,  containing  sworn  peace
14        officers of the Department of Natural Resources (formerly
15        designated the Department of Conservation) shall  contain
16        no  employees  other  than such sworn peace officers upon
17        the effective date of this amendatory Act of 1990 or upon
18        the  expiration  date  of   any   collective   bargaining
19        agreement  in  effect  upon  the  effective  date of this
20        amendatory Act of 1990 covering  both  such  sworn  peace
21        officers and other employees.
22             (2)  Notwithstanding  the  exclusion  of supervisors
23        from bargaining units as provided  in  paragraph  (1)  of
24        this  subsection  (s),  a  public  employer  may agree to
25        permit its supervisory employees to form bargaining units
26        and may bargain with those units.  This Act  shall  apply
27        if  the  public  employer  chooses  to bargain under this
28        subsection.
29    (Source: P.A. 89-108, eff.  7-7-95;  89-409,  eff.  11-15-95;
30    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  89-685,  eff.
31    6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.)

32        (5 ILCS 315/5) (from Ch. 48, par. 1605)
33        Sec.  5.   Illinois  Labor  Relations Board; State Panel;
 
SB1860 Enrolled            -10-               LRB9102178JMmbA
 1    Local Panel Boards.
 2        (a)  There is created the Illinois Labor Relations Board.
 3    The Board shall be comprised of 2 panels, to be known as  the
 4    State Panel and the Local Panel.
 5        (a-5)  The  State  Panel  Illinois  State Labor Relations
 6    Board ("State Board")  which  shall  have  jurisdiction  over
 7    collective  bargaining matters between employee organizations
 8    and the State of Illinois, excluding the General Assembly  of
 9    the  State  of  Illinois,  between employee organizations and
10    units  of  local  government  and  school  districts  with  a
11    population not in excess of 2 1 million persons, and  between
12    employee   organizations   and  the  Regional  Transportation
13    Authority.
14        The State Panel  Board  shall  consist  of  5  3  members
15    appointed by the Governor, with the advice and consent of the
16    Senate.   The Governor shall appoint to the State Panel Board
17    only persons who have had a minimum of 5 years of  experience
18    directly   related  to  labor  and  employment  relations  in
19    representing public employers,  private  employers  or  labor
20    organizations;  or teaching labor or employment relations; or
21    administering executive orders or regulations  applicable  to
22    labor  or  employment  relations.   At the time of his or her
23    appointment, each member of the State Panel Board shall be an
24    Illinois resident.  The Governor shall designate  one  member
25    to  serve  as  the Chairman of the State Panel and the Board.
26    The initial appointments under this  amendatory  Act  of  the
27    91st  General  Assembly  shall  be for terms as follows:  The
28    Chairman shall initially be appointed for a  term  ending  on
29    the 4th Monday in January, 2001; 2 members shall be initially
30    appointed  for  terms  ending  on  the 4th Monday in January,
31    2002; one member shall be  initially  appointed  for  a  term
32    ending  on  the  4th  Monday in January, 2003; and one member
33    shall be initially appointed for a term  ending  on  the  4th
34    Monday  in  January,  2004.  of two years.  The second member
 
SB1860 Enrolled            -11-               LRB9102178JMmbA
 1    shall serve for a term of 3 years, and the third member shall
 2    serve a term of 4 years.  Each  subsequent  member  shall  be
 3    appointed for a term of 4 years, commencing on the 4th Monday
 4    in  January.   Upon  expiration  of the term of office of any
 5    appointive member, that member shall continue to serve  until
 6    a  successor  shall be appointed and qualified.  In case of a
 7    vacancy, a successor shall be  appointed  to  serve  for  the
 8    unexpired  portion  of  the term.  The terms of members shall
 9    commence on the 4th Monday in January of the  year  they  are
10    appointed except that  If the Senate is not in session at the
11    time  the  initial  appointments are made, the Governor shall
12    make temporary appointments in the same manner successors are
13    appointed to fill vacancies.  A temporary  appointment  shall
14    remain  in  effect  no longer than 20 calendar days after the
15    commencement of the next Senate session.
16        (b)  The Local Panel There is created the Illinois  Local
17    Labor  Relations  Board  ("Local  Board")  which  shall  have
18    jurisdiction  over  collective  bargaining  agreement matters
19    between employee organizations and units of local  government
20    with  a  population  in  excess  of  2 1 million persons, but
21    excluding the Regional Transportation Authority.
22        The  Local  Panel  Board  shall  consist  of  one  person
23    appointed by the Governor with the advice and consent of  the
24    Senate  (or,  if no such person is appointed, the Chairman of
25    the State  Panel)  Board  and  two  additional  members,  one
26    appointed  by  the  Mayor  of  the  City  of  Chicago and one
27    appointed by the  President  of  the  Cook  County  Board  of
28    Commissioners.  Appointees to the Local Panel Board must have
29    had  a  minimum  of 5 years of experience directly related to
30    labor  and  employment  relations  in   representing   public
31    employers,  private  employers  or  labor  organizations;  or
32    teaching  labor  or  employment  relations;  or administering
33    executive  orders  or  regulations  applicable  to  labor  or
34    employment relations.  Each member of the Local  Panel  Board
 
SB1860 Enrolled            -12-               LRB9102178JMmbA
 1    shall  be  an  Illinois  resident  at  the time of his or her
 2    appointment.  The member appointed by the Governor (or, if no
 3    such person is appointed, the Chairman of  the  State  Panel)
 4    Board  shall  serve as the Chairman of the Local Panel Board.
 5    The initial appointments under this  amendatory  Act  of  the
 6    91st  General  Assembly  shall  be for terms as follows:  The
 7    member appointed by the Governor shall initially be appointed
 8    for a term ending on the 4th Monday  in  January,  2001;  the
 9    member  initially  appointed  by  the  President  of the Cook
10    County Board shall be initially appointed for a  term  ending
11    on  the  4th  Monday  in January, 2003; serve for a term of 3
12    years and the member appointed by the Mayor of  the  City  of
13    Chicago shall be initially appointed for a term ending on the
14    4th  Monday  in  January,  2004  serve for a term of 4 years.
15    Each subsequent member shall be appointed for  a  term  of  4
16    years,  commencing  on  the  4th  Monday  in  January.   Upon
17    expiration  of  the  term of office of any appointive member,
18    the member shall continue to serve until a successor shall be
19    appointed and  qualified.   In  the  case  of  a  vacancy,  a
20    successor  shall  be  appointed  by the applicable appointive
21    authority to serve for the unexpired  portion  of  the  term.
22    The  terms  of  members  shall  commence on the 4th Monday in
23    January of the year they are appointed.
24        (c)  Three Two members of the State Panel each  governing
25    Board shall at all times constitute a quorum.  Two members of
26    the  Local  Panel  shall at all times constitute a quorum.  A
27    vacancy on a panel governing Board does not impair the  right
28    of  the  2 remaining members to exercise all of the powers of
29    that panel Board.  Each panel governing board shall adopt  an
30    official  seal which shall be judicially noticed.  The salary
31    of the Chairman of the State Panel shall be  $82,429  $50,000
32    per  year,  or  as  set  by  the  Compensation  Review Board,
33    whichever is greater, and that of the other  members  of  the
34    State  and  Local  Panels  Board and the Local Board shall be
 
SB1860 Enrolled            -13-               LRB9102178JMmbA
 1    $74,188 $45,000 per year,  or  as  set  by  the  Compensation
 2    Review Board, whichever is greater.
 3        (d)  No  member  shall hold any other public office or be
 4    employed as a labor or management representative by the State
 5    or  any  political  subdivision  of  the  State  or  of   any
 6    department or agency thereof, or actively represent or act on
 7    behalf  of  an  employer  or  an  employee organization or an
 8    employer in labor relations matters.  Any member of the State
 9    Panel Board may be removed from office by  the  Governor  for
10    inefficiency,  neglect  of duty, misconduct or malfeasance in
11    office, and for no other cause,  and  only  upon  notice  and
12    hearing.   Any member of the Local Panel Board may be removed
13    from  office  by  the  applicable  appointive  authority  for
14    inefficiency, neglect of duty, misconduct or  malfeasance  in
15    office,  and  for  no  other  cause, and only upon notice and
16    hearing.
17        (e)  Each panel governing board at the end of every State
18    fiscal year shall make a report in writing  to  the  Governor
19    and  the  General Assembly, stating in detail the work it has
20    done in hearing and deciding cases and otherwise.
21        (f)  In order to accomplish the objectives and carry  out
22    the  duties  prescribed  by  this  Act,  a  panel  or its the
23    governing boards  or  their  authorized  designees  may  hold
24    elections  to  determine  whether  a  labor  organization has
25    majority status; investigate and attempt to resolve or settle
26    charges of unfair labor practices; hold hearings in order  to
27    carry  out  its functions; develop and effectuate appropriate
28    impasse resolution procedures for purposes of resolving labor
29    disputes;  require  the  appearance  of  witnesses  and   the
30    production  of  evidence  on  any  matter  under inquiry; and
31    administer oaths  and  affirmations.   The  panels  governing
32    boards shall sign and report in full an opinion in every case
33    which they decide.
34        (g)  Each  panel governing board may appoint or employ an
 
SB1860 Enrolled            -14-               LRB9102178JMmbA
 1    executive director, attorneys, hearing  officers,  mediators,
 2    fact-finders, arbitrators, and such other employees as it may
 3    they  deem  necessary  to  perform  its their functions.  The
 4    governing   boards   shall   prescribe   the    duties    and
 5    qualifications  of such persons appointed and, subject to the
 6    annual appropriation, fix their compensation and provide  for
 7    reimbursement  of  actual  and necessary expenses incurred in
 8    the performance of their duties.
 9        (h)  Each panel governing board  shall  exercise  general
10    supervision  over all attorneys which it employs and over the
11    other persons employed to provide necessary support  services
12    for  such  attorneys.  The panels governing boards shall have
13    final authority in respect to complaints brought pursuant  to
14    this Act.
15        (i)  The following rules and regulations shall be adopted
16    by  the panels governing boards meeting in joint session: (1)
17    procedural rules and regulations which shall govern all Board
18    proceedings;  (2)  procedures  for  election   of   exclusive
19    bargaining  representatives pursuant to Section 9, except for
20    the determination of appropriate bargaining  units;  and  (3)
21    appointment  of  counsel  pursuant  to subsection (k) of this
22    Section.
23        (j)  Rules and regulations may  be  adopted,  amended  or
24    rescinded  only  upon a vote of 5 four of the five members of
25    the State Board and the Local Panels Board meeting  in  joint
26    session.   The adoption, amendment or rescission of rules and
27    regulations shall be in conformity with the  requirements  of
28    the Illinois Administrative Procedure Act.
29        (k)  The  panels  Governing Boards in joint session shall
30    promulgate  rules   and   regulations   providing   for   the
31    appointment  of  attorneys  or other Board representatives to
32    represent persons in unfair labor practice proceedings before
33    a  panel  governing   board.    The   regulations   governing
34    appointment  shall  require  the  applicant to demonstrate an
 
SB1860 Enrolled            -15-               LRB9102178JMmbA
 1    inability to pay for or inability to  otherwise  provide  for
 2    adequate representation before a panel governing board.  Such
 3    rules  must  also  provide:  (1)  that an attorney may not be
 4    appointed in cases which, in the opinion of  a  panel  Board,
 5    are  clearly without merit; (2) the stage of the unfair labor
 6    proceeding at which counsel will be appointed;  and  (3)  the
 7    circumstances  under which a client will be allowed to select
 8    counsel.
 9        (1)  The panels governing boards  in  joint  session  may
10    promulgate  rules  and  regulations  which  allow  parties in
11    proceedings before a panel governing board to be  represented
12    by counsel or any other representative of the party's choice.
13        (m)  The  Chairman  of  the  State Panel governing boards
14    shall serve as Chairman of a  joint  session  of  the  panels
15    governing  boards.    Attendance of at least 2 members of the
16    State Panel and at least one member of the Local  Panel  from
17    each  governing  Board,  in  addition  to the Chairman, shall
18    constitute a quorum at a joint session.  The panels governing
19    boards shall meet in joint session  within  60  days  of  the
20    effective date of this Act and at least annually thereafter.
21    (Source: P.A. 85-1440.)

22        (5 ILCS 315/5.1 new)
23        Sec.  5.1.  Dissolution of Illinois State Labor Relations
24    Board and Illinois Local Labor Relations Board; transfer  and
25    savings provisions.
26        (a)  The   Illinois   State   Labor  Relations  Board  is
27    dissolved.  The State Panel of the Illinois  Labor  Relations
28    Board,  created  by  this  amendatory Act of the 91st General
29    Assembly, shall succeed to all of the powers, duties, rights,
30    and property, including contractual rights  and  obligations,
31    of   the   Illinois  State  Labor  Relations  Board.   Rules,
32    procedures,  and  decisions  of  the  Illinois  State   Labor
33    Relations  Board  in  effect  at  the time of its dissolution
 
SB1860 Enrolled            -16-               LRB9102178JMmbA
 1    shall be deemed to  be  those  of  the  State  Panel  of  the
 2    Illinois  Labor  Relations Board.  Matters pending before the
 3    Illinois State Labor Relations  Board  at  the  time  of  its
 4    dissolution  shall continue as matters before the State Panel
 5    of the Illinois Labor Relations Board. The State Panel of the
 6    Illinois Labor Relations Board shall be deemed  successor  in
 7    interest  to the Illinois State Labor Relations Board for the
 8    purposes of any pending litigation.
 9        (b)  The  Illinois  Local  Labor   Relations   Board   is
10    dissolved.   The  Local Panel of the Illinois Labor Relations
11    Board, created by this amendatory Act  of  the  91st  General
12    Assembly, shall succeed to all of the powers, duties, rights,
13    and  property,  including contractual rights and obligations,
14    of  the  Illinois  Local  Labor  Relations   Board.    Rules,
15    procedures,   and  decisions  of  the  Illinois  Local  Labor
16    Relations Board in effect at  the  time  of  its  dissolution
17    shall  be  deemed  to  be  those  of  the  Local Panel of the
18    Illinois Labor Relations Board.  Matters pending  before  the
19    Illinois  Local  Labor  Relations  Board  at  the time of its
20    dissolution shall continue as matters before the Local  Panel
21    of the Illinois Labor Relations Board. The Local Panel of the
22    Illinois  Labor  Relations Board shall be deemed successor in
23    interest to the Illinois Local Labor Relations Board for  the
24    purposes of any pending litigation.
25        (c)  Rules and procedures adopted jointly by the Illinois
26    State  Labor  Relations  Board  and  the Illinois Local Labor
27    Relations Board that  are  in  effect  at  the  time  of  the
28    dissolution  of  those  Boards  shall  be deemed to have been
29    adopted jointly by the State and Local Panels of the Illinois
30    Labor Relations Board.
31        (d)  Fiscal Year  2000  appropriations  to  the  Illinois
32    State  Labor  Relations  Board  and  the Illinois Local Labor
33    Relations  Board  may  be  expended  by  the  Illinois  Labor
34    Relations Board.
 
SB1860 Enrolled            -17-               LRB9102178JMmbA
 1        (e)  Persons  employed  by  the  Illinois   State   Labor
 2    Relations  Board  or the Illinois Local Labor Relations Board
 3    on  the  date  of  the  dissolution  of  those  Boards  shall
 4    thereupon become employees, respectively, of the State  Panel
 5    or  the  Local  Panel  of the Illinois Labor Relations Board,
 6    without loss of seniority or accrued benefits.

 7        (5 ILCS 315/12) (from Ch. 48, par. 1612)
 8        Sec. 12.  Mediation.
 9        (a)  The State and Local Panels governing Boards in joint
10    session shall establish a Public Employees Mediation  Roster,
11    the  services of which shall be available to public employers
12    and to labor organizations upon request of  the  parties  for
13    the purposes of mediation of grievances or contract disputes.
14    Upon  the  request  of  either  party, services of the Public
15    Employees Mediation Roster shall be available for purposes of
16    arbitrating disputes over interpretation  or  application  of
17    the terms of an agreement pursuant to Section 8.  The members
18    of  the  Roster  shall  be  appointed by majority vote of the
19    members of both panels Boards.  Members shall  be  impartial,
20    competent,  and  reputable  citizens  of  the  United States,
21    residents of the State of  Illinois,  and  shall  qualify  by
22    taking   and   subscribing  to  the  constitutional  oath  or
23    affirmation of office.  The function of the mediator shall be
24    to communicate with the employer and exclusive representative
25    or their representatives and to endeavor to  bring  about  an
26    amicable  and  voluntary  settlement.  Compensation of Roster
27    members for services performed as  mediators  shall  be  paid
28    equally by the parties to a mediated labor dispute. The Board
29    shall   have  authority  to  promulgate  regulations  setting
30    compensation  levels  for  members   of   the   Roster,   and
31    establishing   procedures  for  suspension  or  dismissal  of
32    mediators for good cause shown following hearing.
33        (b)  A mediator in a  mediated  labor  dispute  shall  be
 
SB1860 Enrolled            -18-               LRB9102178JMmbA
 1    selected by the Board from among the members of the Roster.
 2        (c)  Nothing  in  this Act or any other law prohibits the
 3    use of other  mediators  selected  by  the  parties  for  the
 4    resolution  of disputes over interpretation or application of
 5    the  terms  or  conditions  of  the   collective   bargaining
 6    agreements   between   a   public   employer   and   a  labor
 7    organization.
 8        (d)  If requested by the parties to a  labor  dispute,  a
 9    mediator may perform fact-finding as set forth in Section 13.
10    (Source: P.A. 83-1012.)

11        (5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
12        Sec. 15.1.  Precedents established by other labor boards.
13    Unless  contradicted  by  administrative precedent previously
14    established by the State Panel Board, all final decisions  in
15    representation and unfair labor practice cases decided by the
16    Local   Panel   Board  and  the  Illinois  Educational  Labor
17    Relations Board created under the Illinois Educational  Labor
18    Relations  Act  which  have  not  been reversed by subsequent
19    court rulings, shall be considered, but need not be  followed
20    by the State Panel Board.
21        Unless    contradicted    by   administrative   precedent
22    previously established by the Local Panel  Board,  all  final
23    decisions  in  representation and unfair labor practice cases
24    decided by the State Panel Board and the Illinois Educational
25    Labor  Relations  Board  which  have  not  been  reversed  by
26    subsequent court rulings, shall be considered, but  need  not
27    be followed by the Local Panel Board.
28    (Source: P.A. 85-924.)

29        Section 10.  The Civil Administrative Code of Illinois is
30    amended by changing Section 5-560 as follows:

31        (20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
 
SB1860 Enrolled            -19-               LRB9102178JMmbA
 1        Sec.  5-560.  In the Department of Natural Resources.  An
 2    Advisory  Board  to  the  Department  of  Natural  Resources,
 3    composed of 13 11 persons, one of  whom  shall  be  a  senior
 4    citizen age 60 or over.
 5        In  the  appointment  of the initial members the Governor
 6    shall designate 3 persons to serve  for  2  years,  3  for  4
 7    years,  and 3 for 6 years from the third Monday in January of
 8    the odd-numbered year  in  which  the  term  commences.   The
 9    members  first  appointed  under  this amendatory Act of 1984
10    shall serve a term of 6 years commencing on the third  Monday
11    in  January,  1985.   The  members first appointed under this
12    amendatory Act of the 91st General  Assembly  shall  each  be
13    appointed  to  a term of office to expire on the third Monday
14    in January of 2006. All subsequent appointments shall be  for
15    terms of 6 years.
16        The  Advisory  Board  shall formulate long range policies
17    for  guidance  of  the  Department  in:  the  protection  and
18    conservation of renewable resources of the State of Illinois;
19    the  development  of  areas  and   facilities   for   outdoor
20    recreation;  the  prevention  of timber destruction and other
21    forest growth by fire  or  otherwise;  the  reforestation  of
22    suitable  lands  of  this State; the extension of cooperative
23    support to other agencies of this  State  in  preventing  and
24    guarding  against  the  pollution of streams and lakes within
25    the  State;  the  management  of  the   wildlife   resources,
26    including  migratory fowl, and fisheries resources, including
27    the  construction  of  new  water  impoundment   areas;   the
28    development  of  an adequate research program for fish, game,
29    and forestry through cooperation  with  and  support  of  the
30    Illinois  Natural  History  Survey;  and  the  expressing  of
31    policies  for  proper dissemination of and enforcement of the
32    various  laws  pertinent  to  the  conservation  program   of
33    Illinois and the nation.
34        The  Board  shall make a study of the personnel structure
 
SB1860 Enrolled            -20-               LRB9102178JMmbA
 1    of  the  Department  and  shall,  from  time  to  time,  make
 2    recommendations to the Governor and the Director  of  Natural
 3    Resources  for  a  merit  system  of  employment  and for the
 4    revision of the position classification to the  extent  which
 5    Civil  Service  classification  should  apply in departmental
 6    positions.
 7        The Board shall make  studies  of  the  land  acquisition
 8    needs of the Department and recommendations from time to time
 9    as  to  necessary  acquisition  of lands for fisheries, game,
10    forestry, and recreational development.
11        The Board  may  recommend  to  the  Director  of  Natural
12    Resources  any  reductions or increases of seasons and bag or
13    possession limits or the closure of any season when  research
14    and inventory data indicate the need for those changes.
15        Board  members  shall  be  reimbursed  for  any necessary
16    travel expenses incurred in the performance of their duties.
17    (Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00.)

18        Section 15.  The Illinois Act on the Aging is amended  by
19    changing Section 4.02 as follows:

20        (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
21        Sec.  4.02.  The  Department shall establish a program of
22    services  to  prevent  unnecessary  institutionalization   of
23    persons age 60 and older in need of long term care or who are
24    established as persons who suffer from Alzheimer's disease or
25    a  related  disorder under the Alzheimer's Disease Assistance
26    Act, thereby enabling them to remain in their own homes or in
27    other living arrangements.  Such preventive  services,  which
28    may  be  coordinated  with  other  programs  for the aged and
29    monitored by area agencies on aging in cooperation  with  the
30    Department,  may  include, but are not limited to, any or all
31    of the following:
32        (a)  home health services;
 
SB1860 Enrolled            -21-               LRB9102178JMmbA
 1        (b)  home nursing services;
 2        (c)  homemaker services;
 3        (d)  chore and housekeeping services;
 4        (e)  day care services;
 5        (f)  home-delivered meals;
 6        (g)  education in self-care;
 7        (h)  personal care services;
 8        (i)  adult day health services;
 9        (j)  habilitation services;
10        (k)  respite care;
11        (l)  other nonmedical social services that may enable the
12    person to become self-supporting; or
13        (m)  clearinghouse for  information  provided  by  senior
14    citizen home owners who want to rent rooms to or share living
15    space with other senior citizens.
16        The  Department shall establish eligibility standards for
17    such services taking into consideration the  unique  economic
18    and  social  needs of the target population for whom they are
19    to be provided. Such eligibility standards shall be based  on
20    the  recipient's  ability  to  pay  for  services;  provided,
21    however,  that  in  determining  the  amount  and  nature  of
22    services  for which a person may qualify, consideration shall
23    not be given to the value of cash, property or  other  assets
24    held in the name of the person's spouse pursuant to a written
25    agreement  dividing  marital property into equal but separate
26    shares or pursuant to a transfer of the person's interest  in
27    a home to his spouse, provided that the spouse's share of the
28    marital  property is not made available to the person seeking
29    such services. The Department shall, in conjunction with  the
30    Department  of  Public Aid, seek appropriate amendments under
31    Sections 1915 and 1924  of  the  Social  Security  Act.   The
32    purpose  of the amendments shall be to extend eligibility for
33    home and community based services  under  Sections  1915  and
34    1924 of the Social Security Act to persons who transfer to or
 
SB1860 Enrolled            -22-               LRB9102178JMmbA
 1    for  the  benefit  of  a  spouse  those amounts of income and
 2    resources allowed under Section 1924 of the  Social  Security
 3    Act.   Subject  to  the  approval  of  such  amendments,  the
 4    Department  shall extend the provisions of Section 5-4 of the
 5    Illinois  Public  Aid  Code  to  persons  who,  but  for  the
 6    provision of home or community-based services, would  require
 7    the  level of care provided in an institution, as is provided
 8    for in federal law. Those  persons  no  longer  found  to  be
 9    eligible  for  receiving  noninstitutional  services  due  to
10    changes  in  the  eligibility criteria shall be given 60 days
11    notice prior to actual termination. Those  persons  receiving
12    notice  of termination may contact the Department and request
13    the determination be appealed at any time during the  60  day
14    notice  period.  With  the exception of the lengthened notice
15    and time frame for the appeal  request,  the  appeal  process
16    shall  follow  the normal procedure. In addition, each person
17    affected regardless of  the  circumstances  for  discontinued
18    eligibility  shall  be  given  notice  and the opportunity to
19    purchase the necessary services through  the  Community  Care
20    Program.   If  the  individual  does  not  elect  to purchase
21    services, the  Department  shall  advise  the  individual  of
22    alternative  services.  The  target population identified for
23    the purposes of this Section are persons  age  60  and  older
24    with  an identified service need.  Priority shall be given to
25    those who are at imminent risk of institutionalization.   The
26    services  shall  be  provided  to eligible persons age 60 and
27    older to the extent that the cost of  the  services  together
28    with  the  other personal maintenance expenses of the persons
29    are reasonably related to the standards established for  care
30    in  a  group  facility appropriate to the person's condition.
31    These   non-institutional   services,   pilot   projects   or
32    experimental facilities may be provided  as  part  of  or  in
33    addition  to  those authorized by federal law or those funded
34    and administered by the Department of  Human  Services.   The
 
SB1860 Enrolled            -23-               LRB9102178JMmbA
 1    Departments  of  Human  Services,  Public Aid, Public Health,
 2    Veterans' Affairs, and Commerce  and  Community  Affairs  and
 3    other  appropriate  agencies  of  State,  federal  and  local
 4    governments  shall  cooperate with the Department on Aging in
 5    the establishment and development  of  the  non-institutional
 6    services.   The Department shall require an annual audit from
 7    all chore/housekeeping and homemaker vendors contracting with
 8    the Department under this Section.  The  annual  audit  shall
 9    assure   that   each   audited  vendor's  procedures  are  in
10    compliance with Department's financial  reporting  guidelines
11    requiring  a 27% administrative cost split and a 73% employee
12    wages and benefits cost split.  The audit is a public  record
13    under  the  Freedom of Information Act.  The Department shall
14    execute, relative to the nursing home  prescreening  project,
15    written  inter-agency agreements with the Department of Human
16    Services and the Department of  Public  Aid,  to  effect  the
17    following:   (1)  intake  procedures  and  common eligibility
18    criteria   for    those    persons    who    are    receiving
19    non-institutional  services;  and  (2)  the establishment and
20    development of non-institutional services  in  areas  of  the
21    State   where   they  are  not  currently  available  or  are
22    undeveloped. On and after July  1,  1996,  all  nursing  home
23    prescreenings  for individuals 60 years of age or older shall
24    be conducted by the Department.
25        The Department is authorized to  establish  a  system  of
26    recipient copayment for services provided under this Section,
27    such  copayment  to  be based upon the recipient's ability to
28    pay but in no case to exceed the actual cost of the  services
29    provided.  Additionally,  any  portion  of  a person's income
30    which is equal to or less than the federal  poverty  standard
31    shall  not be considered by the Department in determining the
32    copayment. The level of  such  copayment  shall  be  adjusted
33    whenever  necessary  to  reflect any change in the officially
34    designated federal poverty standard.
 
SB1860 Enrolled            -24-               LRB9102178JMmbA
 1        The   Department,   or   the   Department's    authorized
 2    representative,  shall  recover the amount of moneys expended
 3    for services provided to or in behalf of a person under  this
 4    Section by a claim against the person's estate or against the
 5    estate  of the person's surviving spouse, but no recovery may
 6    be had until after the death of the surviving spouse, if any,
 7    and then only at such time when there is no  surviving  child
 8    who  is  under  age  21,  blind,  or  permanently and totally
 9    disabled.  This paragraph, however, shall not  bar  recovery,
10    at  the  death of the person, of moneys for services provided
11    to the person or in behalf of the person under  this  Section
12    to  which  the  person  was  not entitled; provided that such
13    recovery shall not be enforced against any real estate  while
14    it  is  occupied  as  a  homestead by the surviving spouse or
15    other dependent, if no claims by other  creditors  have  been
16    filed against the estate, or, if such claims have been filed,
17    they  remain dormant for failure of prosecution or failure of
18    the claimant to compel administration of the estate  for  the
19    purpose  of  payment.   This paragraph shall not bar recovery
20    from the estate of a spouse, under Sections 1915 and 1924  of
21    the  Social  Security  Act  and  Section  5-4 of the Illinois
22    Public Aid Code, who precedes  a  person  receiving  services
23    under this Section in death.  All moneys for services paid to
24    or  in  behalf  of  the  person  under  this Section shall be
25    claimed for  recovery  from  the  deceased  spouse's  estate.
26    "Homestead",  as  used  in this paragraph, means the dwelling
27    house and contiguous real  estate  occupied  by  a  surviving
28    spouse  or  relative, as defined by the rules and regulations
29    of the Illinois Department of Public Aid, regardless  of  the
30    value of the property.
31        The   Department  shall  develop  procedures  to  enhance
32    availability of services on evenings,  weekends,  and  on  an
33    emergency  basis  to  meet  the  respite needs of caregivers.
34    Procedures shall be developed to permit  the  utilization  of
 
SB1860 Enrolled            -25-               LRB9102178JMmbA
 1    services  in  successive blocks of 24 hours up to the monthly
 2    maximum established by the  Department.    Workers  providing
 3    these services shall be appropriately trained.
 4        The   Department  shall  work  in  conjunction  with  the
 5    Alzheimer's  Task  Force  and  members  of  the   Alzheimer's
 6    Association  and  other  senior  citizens'  organizations  in
 7    developing these procedures by December 30, 1991.
 8        Beginning on the effective date of this Amendatory Act of
 9    1991,  no person may perform chore/housekeeping and homemaker
10    services under a program authorized by  this  Section  unless
11    that  person  has been issued a certificate of pre-service to
12    do so by his or her employing agency.   Information  gathered
13    to  effect  such certification shall include (i) the person's
14    name, (ii) the date the  person  was  hired  by  his  or  her
15    current employer, and (iii) the training, including dates and
16    levels.   Persons  engaged  in the program authorized by this
17    Section before the effective date of this amendatory  Act  of
18    1991 shall be issued a certificate of all pre- and in-service
19    training  from  his  or  her  employer  upon  submitting  the
20    necessary   information.    The  employing  agency  shall  be
21    required to retain records of all staff pre-  and  in-service
22    training,  and  shall  provide such records to the Department
23    upon request and upon termination of the employer's  contract
24    with  the  Department.   In addition, the employing agency is
25    responsible for the issuance of certifications of  in-service
26    training completed to their employees.
27        The  Department is required to develop a system to ensure
28    that persons working as  homemakers  and  chore  housekeepers
29    receive  increases  in  their  wages when the federal minimum
30    wage is increased by requiring vendors to certify  that  they
31    are  meeting  the federal minimum wage statute for homemakers
32    and chore housekeepers.  An employer that cannot ensure  that
33    the  minimum  wage  increase is being given to homemakers and
34    chore  housekeepers  shall  be   denied   any   increase   in
 
SB1860 Enrolled            -26-               LRB9102178JMmbA
 1    reimbursement costs.
 2        The  Department  on  Aging  and  the  Department of Human
 3    Services shall cooperate in the development and submission of
 4    an annual report on programs and services provided under this
 5    Section.  Such joint report shall be filed with the  Governor
 6    and the General Assembly on or before September 30 each year.
 7        The  requirement  for  reporting  to the General Assembly
 8    shall be satisfied by filing copies of the  report  with  the
 9    Speaker,  the  Minority  Leader and the Clerk of the House of
10    Representatives and the President, the  Minority  Leader  and
11    the  Secretary  of  the  Senate  and the Legislative Research
12    Unit, as required by Section  3.1  of  the  General  Assembly
13    Organization  Act  and filing such additional copies with the
14    State Government Report Distribution Center for  the  General
15    Assembly  as  is required under paragraph (t) of Section 7 of
16    the State Library Act.
17        Those persons previously  found  eligible  for  receiving
18    non-institutional  services  whose services were discontinued
19    under the Emergency Budget Act of Fiscal Year 1992,  and  who
20    do  not  meet the eligibility standards in effect on or after
21    July 1, 1992, shall remain ineligible on and  after  July  1,
22    1992.   Those  persons  previously not required to cost-share
23    and who were required to cost-share effective March 1,  1992,
24    shall  continue  to meet cost-share requirements on and after
25    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
26    required   to   meet   eligibility,   cost-share,  and  other
27    requirements and will have services discontinued  or  altered
28    when they fail to meet these requirements.
29    (Source: P.A. 91-303, eff. 1-1-00.)

30        (20 ILCS 105/8.04 rep.)
31        Section  16.  The Illinois Act on the Aging is amended by
32    repealing Section 8.04.
 
SB1860 Enrolled            -27-               LRB9102178JMmbA
 1        Section 20.  The Personnel Code is  amended  by  changing
 2    Sections 7a, 7b, 7c, and 7e as follows:

 3        (20 ILCS 415/7a) (from Ch. 127, par. 63b107a)
 4        Sec.  7a.  Civil  Service Commission, organization. There
 5    shall be a Civil Service Commission of 5 three members.
 6    (Source: Laws 1955, p. 2208.)

 7        (20 ILCS 415/7b) (from Ch. 127, par. 63b107b)
 8        Sec. 7b. Qualifications. The members  of  the  Commission
 9    shall  be  persons  in sympathy with the application of merit
10    principles to public employment. No more than 3  two  members
11    of  the  Commission  may  be  adherents of the same political
12    party.
13    (Source: Laws 1955, p. 2208.)

14        (20 ILCS 415/7c) (from Ch. 127, par. 63b107c)
15        Sec. 7c.   Appointment.  Members  of  the  Civil  Service
16    Commission  in  office  at  the time of the effective date of
17    this Act shall continue in office until the expiration of the
18    terms for which they were appointed. Their  successors  shall
19    be  appointed  by the Governor with the advice and consent of
20    the Senate for terms ending 6 six  years  from  the  date  of
21    expiration  of  the  terms  for which their predecessors were
22    appointed, except that a person appointed to fill  a  vacancy
23    occurring  prior  to the expiration of a 6 year term shall be
24    similarly appointed for the remainder of the unexpired  term.
25    Each  member  of  the  Commission shall hold office until his
26    successor is appointed  and  qualified.  The  Governor  shall
27    appoint  one  of  the  members  to  serve  as chairman of the
28    Commission at the pleasure of the Governor.
29        Notwithstanding any provision  of  this  Section  to  the
30    contrary, the term of office of each member of the Commission
31    is  abolished on the effective date of this amendatory Act of
 
SB1860 Enrolled            -28-               LRB9102178JMmbA
 1    1985, but the incumbents shall continue to  exercise  all  of
 2    the  powers and be subject to all of the duties of members of
 3    the  Commission  until  their   respective   successors   are
 4    appointed and qualified.  The successors to the members whose
 5    terms  of  office  are herein abolished shall be appointed by
 6    the Governor with the advice and consent  of  the  Senate  to
 7    terms  of office as follows: one member shall be appointed to
 8    a term of office to expire on March 1, 1987; one member shall
 9    be appointed to a term of office to expire on March 1,  1989;
10    and  one  member  shall  be  appointed to a term of office to
11    expire on March 1, 1991. The 2 additional  members  appointed
12    pursuant  to this amendatory Act of the 91st General Assembly
13    shall each be appointed to a term  of  office  to  expire  on
14    March  1,  2005.  Each  member  of  the Commission shall hold
15    office  until  his  successor  is  appointed  and  qualified.
16    Following the terms of office established in this  paragraph,
17    successors   shall   be  appointed  in  accordance  with  the
18    provisions of the first paragraph of this Section.
19    (Source: P.A. 84-115.)

20        (20 ILCS 415/7e) (from Ch. 127, par. 63b107e)
21        Sec. 7e. Chairman, meetings. The Commission shall meet at
22    such time and place as shall be  specified  by  call  of  the
23    chairman  or the Director. At least one meeting shall be held
24    each month. Notice of each meeting shall be given in  writing
25    to each member by the chairman at least three days in advance
26    of  the  meeting. Three Two members shall constitute a quorum
27    for the transaction of business.
28    (Source: Laws 1955, p. 2208.)

29        (20 ILCS 505/7.2 rep.)
30        Section 25.  The Children  and  Family  Services  Act  is
31    amended by repealing Section 7.2.
 
SB1860 Enrolled            -29-               LRB9102178JMmbA
 1        (20 ILCS 605/605-715 rep.)
 2        Section  30.   The  Department  of Commerce and Community
 3    Affairs Law of the Civil Administrative Code of  Illinois  is
 4    amended by repealing Section 605-715.

 5        Section  35.  The  Illinois Development Finance Authority
 6    Act is amended by changing Section 4 as follows:

 7        (20 ILCS 3505/4) (from Ch. 48, par. 850.04)
 8        Sec. 4.  There is hereby created a political subdivision,
 9    body politic and corporate by the name and style of  Illinois
10    Development  Finance Authority. The exercise by the Authority
11    of the powers conferred by law shall be an  essential  public
12    function.
13        The  governing powers of the Authority shall be vested in
14    a body consisting of 17 15 members including, as  ex  officio
15    members,  the  Director  of  Labor  and  the  Director of the
16    Department  of  Commerce  and  Community  Affairs  or   their
17    designees.  The other 15 13 members of the Authority shall be
18    appointed by the Governor with the advice and consent of  the
19    Senate  and  shall be designated "public members". Nine Eight
20    members shall constitute a quorum.  However, when a quorum of
21    members of the Authority is physically present at the meeting
22    site, other Authority members may participate in and  act  at
23    any  meeting  through  the  use  of a conference telephone or
24    other communications equipment by means of which all  persons
25    participating   in   the   meeting   can   hear  each  other.
26    Participation in such meeting shall constitute attendance and
27    presence in person at the meeting of the person or persons so
28    participating.  Not more than 9 8 members  of  the  Authority
29    may  be  of  the  same  political  party. The Chairman of the
30    Authority shall be elected by the Authority  from  among  its
31    public  members,  all  of whom shall be persons of recognized
32    ability and experience in one or more of the following areas:
 
SB1860 Enrolled            -30-               LRB9102178JMmbA
 1    economic   development,    finance,    banking,    industrial
 2    development,   small   business   management,   real   estate
 3    development,    community   development,   venture   finance,
 4    construction, and  labor  relations.   At  least  one  public
 5    member   shall  be  a  representative  of  the  interests  of
 6    organized labor.
 7        The terms of all members of the Authority holding  office
 8    on  the  effective date of this amendatory Act of 1983, other
 9    than the ex officio members, shall expire 90 days after  that
10    date,  and  the  Governor  shall appoint 10 new members whose
11    terms shall commence the day following such expiration  date.
12    Of  the  members initially appointed by the Governor pursuant
13    to this amendatory Act of 1983, 5 shall serve until the third
14    Monday in January, 1985 and 5 shall  serve  until  the  third
15    Monday  in  January,  1987,  and  until  their successors are
16    appointed and qualified.   The  members  initially  appointed
17    under this amendatory Act of 1985 shall serve until the third
18    Monday  in  January  1989.   The  members initially appointed
19    under this amendatory Act of the 91st General Assembly  shall
20    serve  until  the  3rd  Monday  in January 2004.  Each member
21    appointed under this paragraph who is confirmed by the Senate
22    shall hold office during the specified  time  and  until  his
23    successor shall be appointed and qualified.
24        All  successors  shall  hold office for a term of 4 years
25    commencing the third Monday in January of the year  in  which
26    their  term  commences,  except  in case of an appointment to
27    fill a vacancy. In case of vacancy in  the  office  when  the
28    Senate  is  not in session, the Governor may make a temporary
29    appointment until the next meeting  of  the  Senate  when  he
30    shall  nominate  such  person  to  fill  such office, and any
31    person so nominated who is confirmed  by  the  Senate,  shall
32    hold  his  office  during the remainder of the term and until
33    his successor shall be appointed and qualified. If the Senate
34    is not in session at the time the amendatory Acts of 1983 and
 
SB1860 Enrolled            -31-               LRB9102178JMmbA
 1    1985 and of  the  91st  General  Assembly  take  effect,  the
 2    Governor  may  make  temporary appointments of the new public
 3    members as in the case of vacancies. Members of the Authority
 4    shall not be entitled to compensation for their  services  as
 5    members,  but  shall  be  entitled  to  reimbursement for all
 6    necessary  expenses   incurred   in   connection   with   the
 7    performance of their duties as members.
 8        The   Governor  may  remove  any  public  member  of  the
 9    Authority in  case  of  incompetency,  neglect  of  duty,  or
10    malfeasance  in office, after service on him of a copy of the
11    written charges against him and an opportunity to be publicly
12    heard in person or by counsel in his  own  defense  upon  not
13    less than 10 days notice.
14        The  members  of the Authority shall appoint an Executive
15    Director who shall be a person knowledgeable in the areas  of
16    financial  markets  and  instruments  and  the  financing  of
17    business  enterprises,  to hold office during the pleasure of
18    the members.  The  Executive  Director  shall  be  the  chief
19    administrative  and  operational officer of the Authority and
20    shall direct and supervise  its  administrative  affairs  and
21    general  management  and  perform such other duties as may be
22    prescribed from time to time by the members and shall receive
23    compensation fixed by the Authority. The  Executive  Director
24    or   any   committee  of  the  members  may  carry  out  such
25    responsibilities of the members as the members by  resolution
26    may  delegate.   The  Executive  Director  shall  attend  all
27    meetings   of  the  Authority;  however,  no  action  of  the
28    Authority shall be invalid on account of the absence  of  the
29    Executive  Director  from a meeting. The Authority may engage
30    the services of such other agents  and  employees,  including
31    attorneys,   appraisers,   engineers,   accountants,   credit
32    analysts  and other consultants, as it may deem advisable and
33    may prescribe their duties and fix their compensation.
34    (Source: P.A. 88-519.)
 
SB1860 Enrolled            -32-               LRB9102178JMmbA
 1        Section   38.  The   Illinois   Planning    Council    on
 2    Developmental   Disabilities   Law  is  amended  by  changing
 3    Sections 2001, 2002, 2003, and 2006  and  by  adding  Section
 4    2004.5 as follows:

 5        (20 ILCS 4010/2001) (from Ch. 91 1/2, par. 1951)
 6        Sec.  2001.   Short  title.  This Article may be cited as
 7    the Illinois Planning Council on  Developmental  Disabilities
 8    Law.
 9    (Source: P.A. 86-1190.)

10        (20 ILCS 4010/2002) (from Ch. 91 1/2, par. 1952)
11        Sec.  2002.  Definitions. As used in this Article, unless
12    the context requires otherwise:
13        (a)  "Council" means the  Illinois  Planning  Council  on
14    Developmental Disabilities.
15        (b)  "Chairperson"  means the chairperson of the Illinois
16    Planning Council on Developmental Disabilities.
17        (c)  "Director"  means  the  director  of  the   Illinois
18    Planning Council on Developmental Disabilities.
19        (d)  "Developmental  disability"  means,  in  general,  a
20    severe  chronic  disability  of an individual that a person 5
21    years of age or older which:
22             (1)  is  attributable  to  a  mental   or   physical
23        impairment   or   combination   of  mental  and  physical
24        impairments;
25             (2)  is manifested before the person attains age 22;
26             (3)  is likely to continue indefinitely;
27             (4)  results in substantial  functional  limitations
28        in  3  or  more  of  the  following  areas  of major life
29        activity: self care, receptive and  expressive  language,
30        learning,   mobility,   self   direction,   capacity  for
31        independent living, and economic sufficiency; and
32             (5)  reflects the person's need  for  a  combination
 
SB1860 Enrolled            -33-               LRB9102178JMmbA
 1        and  sequence  of  special  interdisciplinary  or generic
 2        services  care,  individualized  supports,  treatment  or
 3        other forms of assistance that services which are of life
 4        long or extended duration and  are  individually  planned
 5        and coordinated.;
 6        except  that such term, When applied to infants and young
 7    children,  an  individual  may  be  considered  to   have   a
 8    "developmental    disability"   if   the   individual   means
 9    individuals from birth to age 9 5, inclusive,  has  who  have
10    (i)  a substantial developmental delay or specific congenital
11    or acquired conditions and (ii) does not meet 3  or  more  of
12    the criteria described in paragraphs (1) through (5) but who,
13    without  services  and  support,  has  a  high probability of
14    meeting those criteria later in life with a high  probability
15    of  resulting  in  developmental disabilities if services are
16    not provided.
17    (Source: P.A. 86-1190; 87-1158.)

18        (20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
19        Sec.  2003.   Planning  Council.  The  Illinois  Planning
20    Council on Developmental Disabilities is hereby created as an
21    executive agency of State government.  The council  shall  be
22    composed of 39 members, governed by a chairperson, and headed
23    by  a  director. The Council shall be composed of 29 members,
24    governed by a chairperson, and  headed  by  a  director.  The
25    functions of the council shall be as prescribed in Chapter 75
26    of  Title  42  of  the United States Code (42 U.S.C. 6000, et
27    seq.), as now or hereafter amended, and in  Section  2006  of
28    this Article.
29        The  Council  shall receive and disburse funds authorized
30    under Chapter 75 of Title 42 of the United  States  Code  (42
31    U.S.C. 6000, et seq.), as now or hereafter amended.
32    (Source: P.A. 86-1190.)
 
SB1860 Enrolled            -34-               LRB9102178JMmbA
 1        (20 ILCS 4010/2004.5 new)
 2        Sec.  2004.5.  Council  membership.  The General Assembly
 3    intends that the reduction in the membership of  the  Council
 4    shall  occur  through attrition between the effective date of
 5    this amendatory Act of the 91st General Assembly and  January
 6    1,  2001.   In  the event that the terms of 10 voting members
 7    have not expired by January 1, 2001, members of  the  Council
 8    serving  on  that  date  shall  continue to serve until their
 9    terms expire.
10        (a)  The  membership  of  the  Council  must   reasonably
11    represent  the diversity of this State.  Not less than 60% of
12    the   Council's   membership   must   be   individuals   with
13    developmental disabilities, parents or guardians of  children
14    with  developmental  disabilities,  or immediate relatives or
15    guardians  of  adults  with  developmental  disabilities  who
16    cannot advocate for themselves.
17        The Council must also include  representatives  of  State
18    agencies  that  administer  moneys  under  federal  laws that
19    relate to individuals with  developmental  disabilities;  the
20    State  University  Center  for  Excellence  in  Developmental
21    Disabilities  Education,  Research,  and  Service;  the State
22    protection and advocacy system; and representatives of  local
23    and  non-governmental  agencies and private non-profit groups
24    concerned with services for  individuals  with  developmental
25    disabilities.   The  members described in this paragraph must
26    have  sufficient  authority  to  engage   in   policy-making,
27    planning,  and  implementation  on  behalf of the department,
28    agency, or program that they represent.   Those  members  may
29    not  take  part  in any discussion of grants or contracts for
30    which their departments, agencies, or programs are  grantees,
31    contractors,  or  applicants  and  must comply with any other
32    relevant conflict of interest  provisions  in  the  Council's
33    policies or bylaws.
34        (b)  Seventeen voting members, appointed by the Governor,
 
SB1860 Enrolled            -35-               LRB9102178JMmbA
 1    must be persons with developmental disabilities,  parents  or
 2    guardians  of  persons  with  developmental  disabilities, or
 3    immediate   relatives   or   guardians   of   persons    with
 4    mentally-impairing developmental disabilities.  None of these
 5    members  may  be  employees  of  a State agency that receives
 6    funds or provides services under  the  federal  Developmental
 7    Disabilities  Assistance  and  Bill of Rights Act of 1996 (42
 8    U.S.C. 6000 et seq.), as now or hereafter  amended,  managing
 9    employees  of  any  other  entity  that  receives  moneys  or
10    provides    services    under   the   federal   Developmental
11    Disabilities Assistance and Bill of Rights Act  of  1996  (42
12    U.S.C. 6000 et seq.), as now or hereafter amended, or persons
13    with  an  ownership  interest in or a controlling interest in
14    such  an  entity.   Of  the  members  appointed  under   this
15    subsection (b):
16             (1)  at  least  6 must be persons with developmental
17        disabilities;
18             (2) at least 6 must be parents, immediate relatives,
19        or guardians of children and  adults  with  developmental
20        disabilities,       including       individuals      with
21        mentally-impairing developmental disabilities who  cannot
22        advocate for themselves; and
23             (3)  5  members  must  be  a  combination of persons
24        described in paragraphs (1) and (2); at least one of whom
25        must be (i) an  immediate  relative  or  guardian  of  an
26        individual with a developmental disability who resides or
27        who  previously  resided  in  an  institution  or (ii) an
28        individual with a developmental disability who resides or
29        who previously resided in an institution.
30        (c) Two voting members, appointed by the  Governor,  must
31    be representatives of local and non-governmental agencies and
32    private   non-profit   groups  concerned  with  services  for
33    individuals with developmental disabilities.
34        (d) Nine voting members shall be the Director  of  Public
 
SB1860 Enrolled            -36-               LRB9102178JMmbA
 1    Aid, or his or her designee; the Director of Aging, or his or
 2    her  designee;  the Director of Children and Family Services,
 3    or his or her designee; a representative of the  State  Board
 4    of  Education;  a  representative of the State protection and
 5    advocacy system; a representative  of  the  State  University
 6    Center   for   Excellence   in   Developmental   Disabilities
 7    Education,  Research,  and  Service;   representatives of the
 8    Office  of  Developmental  Disabilities  and  the  Office  of
 9    Community Health and Prevention of the  Department  of  Human
10    Services  (as  the  State's  lead  agency  for Title V of the
11    Social Security Act, 42 U.S.C. 701 et seq.) designated by the
12    Secretary of Human Services;  and  a  representative  of  the
13    State  entity  that  administers  federal  moneys  under  the
14    federal Rehabilitation Act.
15        (e)  The  Director of the Bureau of the Budget, or his or
16    her designee, shall be a non-voting member of the Council.
17        (f) The Governor must provide for the timely rotation  of
18    members.
19        Appointments  to  the  Council  shall  be  for terms of 3
20    years. Appointments to fill vacancies  occurring  before  the
21    expiration  of a term shall be for the remainder of the term.
22    Members shall serve until their successors are appointed.
23        The Council, at  the  discretion  of  the  Governor,  may
24    coordinate and provide recommendations for new members to the
25    Governor based upon their review of the Council's composition
26    and   on   input   received   from  other  organizations  and
27    individuals   representing   persons    with    developmental
28    disabilities,  including  the non-State agency members of the
29    Council.  The Council must, at least once each  year,  advise
30    the  Governor  on  the  Council's membership requirements and
31    vacancies, including rotation requirements.
32        No member may serve for more than 2 successive terms.
33        (g)  Members  may  not  receive  compensation  for  their
34    services,  but  shall  be  reimbursed  for  their  reasonable
 
SB1860 Enrolled            -37-               LRB9102178JMmbA
 1    expenses plus up to  $50  per  day  for  any  loss  of  wages
 2    incurred in the performance of their duties.
 3        (h)  The  total membership of the Council consists of the
 4    number  of  voting  members,  as  defined  in  this  Section,
 5    excluding any vacant positions. A quorum is a simple majority
 6    of the total membership and is sufficient to  constitute  the
 7    transaction  of  the business of the Council unless otherwise
 8    stipulated in the bylaws of the Council.
 9        (i) The Council must meet at least quarterly.

10        (20 ILCS 4010/2006) (from Ch. 91 1/2, par. 1956)
11        Sec. 2006.  Powers and duties of the Council. The Council
12    shall serve as an advocate for all persons with developmental
13    disabilities to assure that they participate in the design of
14    and have access to needed community services,  individualized
15    supports,   and   other  forms  of  assistance  that  promote
16    self-determination, receive the services and other assistance
17    and opportunities necessary to enable them to  achieve  their
18    maximum    potential    through    increased    independence,
19    productivity,  and  integration into the community.  As such,
20    the Council shall:
21        (a)  Develop and implement the  State  plan  required  by
22    Chapter  75  of Title 42 of the United States Code (42 U.S.C.
23    6000, et seq.), as now or hereafter amended.
24        (a-5)  Implement  the  State  plan  by   conducting   and
25    supporting  advocacy,  capacity building, and systemic change
26    activities, including but not limited to the following:
27             (1) outreach activities  to  identify,  assist,  and
28        enable  individuals  with  developmental disabilities and
29        their  families  to   obtain   services,   individualized
30        supports, and other assistance;
31             (2)  training  for  individuals  with  developmental
32        disabilities,  their  families,  communities,  and others
33        regarding the support,  services,  and  other  assistance
 
SB1860 Enrolled            -38-               LRB9102178JMmbA
 1        necessary to achieve the goals of integration, inclusion,
 2        productivity,   and   independence   for   persons   with
 3        developmental disabilities;
 4             (3)   technical  assistance  to  assist  public  and
 5        private entities to achieve the goals of this Section;
 6             (4) supporting and educating communities  to  assist
 7        neighborhoods and communities in responding positively to
 8        individuals  with  developmental  disabilities  and their
 9        families and in offering access to and use  of  services,
10        resources, and opportunities;
11             (5)  inter-agency  collaboration and coordination to
12        better  serve,   support,   assist,   or   advocate   for
13        individuals  with  developmental  disabilities  and their
14        families;
15             (6)  coordination  with  other   related   councils,
16        committees, and programs;
17             (7)   barrier   elimination,   systems  design,  and
18        redesign  activities  that   enhance   participation   by
19        individuals  with  developmental  disabilities  in  their
20        communities;
21             (8)  providing  policymakers  with  information from
22        Council-supported projects and  activities  in  order  to
23        increase   the   ability   of   policymakers   to   offer
24        opportunities  to enhance or adapt generic or specialized
25        services to individuals with  developmental  disabilities
26        and their families;
27             (9)  demonstration of new approaches to services and
28        support for people with  developmental  disabilities  and
29        their  families  that are part of an overall strategy for
30        systemic change; and
31             (10) other advocacy, capacity building, and systemic
32        changes  that  promote  a   coordinated,   consumer   and
33        family-centered  and  directed  comprehensive  system  of
34        community services.
 
SB1860 Enrolled            -39-               LRB9102178JMmbA
 1        (b)  (Blank).  Develop and submit to the Governor and the
 2    General Assembly an annual  comprehensive  State  interagency
 3    plan  with  input  from  the  principal  State  agencies that
 4    provide or administer programs for persons with developmental
 5    disabilities.   The   developmental   disabilities   services
 6    implementation   plan   developed   under  the  Developmental
 7    Disabilities Services Law  shall  be  incorporated  into  and
 8    become  a  part of the annual plan required by this Law.  The
 9    council shall provide assistance and  coordination  to  State
10    agencies  in  the  development  and  oversight  of  the State
11    Developmental Disabilities System Plan  as  required  by  the
12    Developmental  Disabilities  Services Law, and all subsequent
13    and related planning requirements.  The council shall  submit
14    the  plan, including a report on the status of implementation
15    of its various components, to the Governor  and  the  General
16    Assembly on the first Wednesday of April of each year.
17        (c)  Advise  the  principal  State  agencies that provide
18    services   or   administer   programs   for   persons    with
19    developmental  disabilities,  the  General  Assembly, and the
20    Governor concerning the use of State  and  federal  resources
21    for  persons  with developmental disabilities, groups who are
22    not adequately  served  by  the  system,  the  prevention  of
23    developmental disabilities, and other related matters.
24        (d)  (Blank).  Develop principles and values that support
25    integration, productivity and independence for  persons  with
26    developmental  disabilities that will guide the design of the
27    service system.
28        (e)  Recommend and advocate for the  adoption  of  public
29    policies  that  which will affect the State service system to
30    support the independence, productivity, and integration,  and
31    inclusion of persons with developmental disabilities.
32        (f)  (Blank).  Increase  the  capacities and resources of
33    public and private entities through a variety  of  activities
34    that will develop a system for providing specialized services
 
SB1860 Enrolled            -40-               LRB9102178JMmbA
 1    or  special  adaptations  of generic services that respond to
 2    the needs of  persons  with  developmental  disabilities  and
 3    their  families.   This system shall be coordinated among the
 4    principal  agencies  providing  services   or   administering
 5    programs in the area of developmental disabilities.
 6        (g)  Take any other actions as may be reasonable to carry
 7    out  the  purposes of this Article and Chapter 75 of Title 42
 8    of the United States Code (42 U.S.C. 6000, et seq.),  as  now
 9    or hereafter amended.
10        The  Council  shall  promulgate  rules and regulations to
11    implement  this  Article  in  accordance  with  the  Illinois
12    Administrative Procedure Act.
13        The Council shall have the cooperation of relevant  State
14    agencies in fulfilling its responsibilities.
15    (Source: P.A. 86-1190; 87-1158.)

16        Section  40.  The  Compensation  Review Act is amended by
17    changing Section 2 as follows:

18        (25 ILCS 120/2) (from Ch. 63, par. 902)
19        Sec. 2.  There is created the Compensation Review  Board,
20    hereinafter referred to as the Board.
21        The  Board  shall consist of l2 members, appointed 3 each
22    by the Speaker of the House of Representatives, the  Minority
23    Leader thereof, the President of the Senate, and the Minority
24    Leader  thereof.  Members shall be adults and be residents of
25    Illinois.  Members may not be members or employees or  former
26    members   or   employees   of   the  judicial,  executive  or
27    legislative branches of State government; nor may members  be
28    persons  registered under the Lobbyist Registration Act.  Any
29    member may be reappointed  for  a  consecutive  term  but  no
30    member  may  serve for more than 10 years total on the Board.
31    The respective appointing legislative leader may  remove  any
32    such  appointed member prior to the expiration of his term on
 
SB1860 Enrolled            -41-               LRB9102178JMmbA
 1    the Board for official misconduct, incompetence or neglect of
 2    duty.
 3        Members  shall  serve  without  compensation  but   shall
 4    receive  an  allowance  for  living  expenses incurred in the
 5    performance of their official duties in  an  amount  per  day
 6    equal  to  the  amount  permitted  to  be  deducted  for such
 7    expenses by members of the General Assembly under the federal
 8    Internal Revenue Code, as now or hereafter amended.  The rate
 9    for reimbursement of mileage expenses shall be equal  to  the
10    amount  established  from  time  to  time  for members of the
11    General Assembly.  The  Board  may,  without  regard  to  the
12    Personnel   Code,   employ   and   fix  the  compensation  or
13    remuneration  of  employees  as  it  considers  necessary  or
14    desirable.  The General Assembly shall appropriate the  funds
15    necessary to operate the Board.
16    (Source: P.A. 91-357, eff. 7-29-99.)

17        (70 ILCS 3620/8 rep.)
18        Section   50.    The  Public  Transit  Employee  Training
19    Programs Act is amended by repealing Section 8.

20        Section 55.  The Illinois Educational Labor Relations Act
21    is amended by changing Sections 5 and 17.1 as follows:

22        (115 ILCS 5/5) (from Ch. 48, par. 1705)
23        Sec. 5.  Illinois Educational Labor Relations Board.
24        (a)  There is hereby  created  the  Illinois  Educational
25    Labor  Relations  Board consisting of 7 of 5 members, no more
26    than 4 of 3 of whom may be of the same political  party,  who
27    are  residents of Illinois appointed by the Governor with the
28    advice and consent of the Senate.  The Governor shall appoint
29    to the Board only persons who have had a minimum of  5  years
30    of  experience  directly  related  to  labor  and  employment
31    relations    in   representing   educational   employers   or
 
SB1860 Enrolled            -42-               LRB9102178JMmbA
 1    educational employees in collective bargaining matters.   One
 2    appointed  member  shall  be designated at the time of his or
 3    her appointment to serve as chairman.
 4        Of the 2 additional members appointed  pursuant  to  this
 5    amendatory  Act  of 1997, one shall be designated at the time
 6    of his or her appointment to serve a term of 6 years and  the
 7    other  shall  be  designated  at  the  time  of  his  or  her
 8    appointment  to  serve  a term of 4 years, with each to serve
 9    until his or her successor is appointed  and  qualified.   In
10    the  event  the  Senate  is  not in session at the time the 2
11    additional members are appointed pursuant to this  amendatory
12    Act  of  1997,  the Governor shall make those appointments as
13    temporary appointments until the next meeting of  the  Senate
14    when  he shall appoint, by and with the advice and consent of
15    the Senate, 2 persons to fill  those  memberships  for  their
16    unexpired terms.
17        The  2  additional  members  appointed  pursuant  to this
18    amendatory Act of the 91st General Assembly shall each  serve
19    initial terms of 6 years.
20        (b)  Each  subsequent  member  shall be appointed in like
21    manner for a term of 6 years and until his or  her  successor
22    is  appointed  and  qualified.  Each  member  of the Board is
23    eligible for reappointment.  Vacancies shall be filled in the
24    same manner as original appointments for the balance  of  the
25    unexpired term.
26        (c)  The  chairman  shall be paid $50,000 per year, or an
27    amount set by the Compensation  Review  Board,  whichever  is
28    greater.   Other  members  of  the  Board  shall each be paid
29    $45,000 per year, or an amount set by the Compensation Review
30    Board, whichever is  greater.   They  shall  be  entitled  to
31    reimbursement  for  necessary  traveling  and  other official
32    expenditures necessitated by their official duties.
33        (d)  Four Three members of the Board constitute a  quorum
34    and  a  vacancy on the board does not impair the right of the
 
SB1860 Enrolled            -43-               LRB9102178JMmbA
 1    remaining members to exercise all of the powers of the Board.
 2        (e)  Any member of  the  Board  may  be  removed  by  the
 3    Governor,  upon notice, for neglect of duty or malfeasance in
 4    office, but for no other cause.
 5        (f)  The  Board  may  appoint  or  employ  an   executive
 6    director,   attorneys,   hearing  officers,  and  such  other
 7    employees as it deems necessary  to  perform  its  functions.
 8    The  Board  shall  prescribe the duties and qualifications of
 9    such  persons  appointed   and,   subject   to   the   annual
10    appropriation,   fix   their  compensation  and  provide  for
11    reimbursement of actual and necessary  expenses  incurred  in
12    the performance of their duties.
13        (g)  The Board may promulgate rules and regulations which
14    allow   parties   in  proceedings  before  the  Board  to  be
15    represented by counsel or any other person  knowledgeable  in
16    the matters under consideration.
17        (h)  To  accomplish  the  objectives and to carry out the
18    duties  prescribed  by  this  Act,  the  Board  may  subpoena
19    witnesses, subpoena the production of books, papers,  records
20    and  documents  which may be needed as evidence on any matter
21    under inquiry and may administer oaths and affirmations.
22        In cases of neglect or refusal to obey a subpoena  issued
23    to  any  person, the circuit court in the county in which the
24    investigation or the public hearing  is  taking  place,  upon
25    application  by  the Board, may issue an order requiring such
26    person to appear before the Board or any member or  agent  of
27    the Board to produce evidence or give testimony. A failure to
28    obey  such  order  may  be  punished by the court as in civil
29    contempt.
30        Any subpoena, notice of  hearing,  or  other  process  or
31    notice  of  the Board issued under the provisions of this Act
32    may be served personally, by registered mail or by leaving  a
33    copy at the principal office of the respondent required to be
34    served.  A return, made and verified by the individual making
 
SB1860 Enrolled            -44-               LRB9102178JMmbA
 1    such service and setting forth the manner of such service, is
 2    proof of service. A post office receipt, when registered mail
 3    is used, is proof of service. All process  of  any  court  to
 4    which  application  may  be made under the provisions of this
 5    Act may be served in the county where the persons required to
 6    be served reside or may be found.
 7        (i)  The Board shall adopt, promulgate, amend, or rescind
 8    rules  and  regulations  in  accordance  with  "The  Illinois
 9    Administrative Procedure Act", as now or  hereafter  amended,
10    as it deems necessary and feasible to carry out this Act.
11        (j)  The  Board  at  the  end  of every State fiscal year
12    shall make a report  in  writing  to  the  Governor  and  the
13    General  Assembly,  stating in detail the work it has done in
14    hearing and deciding cases and otherwise.
15    (Source: P.A. 90-548, eff. 1-1-98.)

16        (115 ILCS 5/17.1) (from Ch. 48, par. 1717.1)
17        Sec. 17.1.  Precedents established by other labor boards.
18    Unless contradicted by  administrative  precedent  previously
19    established   by   the   Board,   all   final   decisions  in
20    representation and unfair labor practice cases decided by the
21    State or Local Panel of the Illinois Labor Relations Board or
22    their predecessors, the Illinois State Labor Relations  Board
23    and  the  Illinois  Local  Labor  Relations  Board previously
24    created under the Illinois Public Labor Relations Act,  which
25    have  not been reversed by subsequent court rulings, shall be
26    considered, but need not be followed, by the Board.
27    (Source: P.A. 85-924.)

28        Section 60.  The  Illinois  Banking  Act  is  amended  by
29    changing Sections 78 and 79 as follows:

30        (205 ILCS 5/78) (from Ch. 17, par. 390)
31        Sec.  78.  Board  of banks and trust companies; creation,
 
SB1860 Enrolled            -45-               LRB9102178JMmbA
 1    members, appointment.  There is created a Board  which  shall
 2    be  known  as the State Banking Board of Illinois which shall
 3    consist of the Commissioner, who shall be its  chairman,  and
 4    16   14   additional  members  divided  into  3  two  classes
 5    designated Class A members, and Class B members, and Class  C
 6    members  who  are  appointed  by the Governor by and with the
 7    advice and consent of the Senate and made up as follows:
 8        Class A shall consist of 4 persons, none of whom shall be
 9    an officer  or  director  of  or  owner,  whether  direct  or
10    indirect, of more than 5% of the outstanding capital stock of
11    any bank.
12        Class  B  shall  consist of 10 persons who at the time of
13    their respective appointments shall have had not less than 10
14    years banking experience. Of the 10 Class B members, 2  shall
15    be  from  State  banks  having  total assets of not more than
16    $20,000,000 at the time of their appointment, 2 shall be from
17    State banks having total assets of more than $20,000,000  but
18    not more than $50,000,000 at the time of their appointment, 2
19    shall  be  from  State banks having total assets of more than
20    $50,000,000, but not more than $125,000,000 at  the  time  of
21    their  appointment,  one  shall  be  from a State bank having
22    total assets of more than  $125,000,000  but  not  more  than
23    $250,000,000  at the time of appointment, one shall be from a
24    State bank having total assets of more than $250,000,000  but
25    not  more than $1,000,000,000 at the time of appointment, one
26    shall be from a State bank having total assets of  more  than
27    $1,000,000,000  at  the  time of appointment and one shall be
28    from a foreign banking corporation certificated  pursuant  to
29    the Foreign Banking Office Act.
30        Class  C shall consist of 2 persons who shall be at-large
31    members representing the banking industry generally.
32    (Source: P.A. 84-905; 84-1004.)

33        (205 ILCS 5/79) (from Ch. 17, par. 391)
 
SB1860 Enrolled            -46-               LRB9102178JMmbA
 1        Sec. 79. Board, terms of office. The terms of  office  of
 2    the  Class  A  and  Class B members of the Board of Banks and
 3    Trust Companies who are in office on the  effective  date  of
 4    this  Amendatory  Act  of  1985  shall expire on December 31,
 5    1985. The terms of office of Class A, and Class B, and  Class
 6    C members of the State Banking Board shall be as follows:
 7        (a)  The  terms  of  office  of  all  Class A and Class B
 8    members of the State Banking Board shall begin on January  1,
 9    1986.
10        (b)  The  persons  first appointed as the Class A members
11    of the State Banking Board shall have the following terms  as
12    designated  by  the  Governor;  one  person for a term of one
13    year, one person for a term of 2 years, one person for a term
14    of 3 years and one person for a term of 4 years.  Thereafter,
15    the  term  of office of each Class A member shall be 4 years,
16    except that an appointment to fill a vacancy shall be for the
17    unexpired term of the member whose term is being filled.
18        (c)  The persons first appointed as Class  B  members  of
19    the  State  Banking  Board  shall have the following terms as
20    designated by the Governor; one member  for  a  term  of  one
21    year,  3  members for a term of 2 years, 3 members for a term
22    of 3 years, and 3 members for a term of 4 years.  Thereafter,
23    the term of office of each Class B member shall be  4  years,
24    except that an appointment to fill a vacancy shall be for the
25    unexpired term of the member whose term is being filled.
26        (c-5)  The  initial term of office of each Class C member
27    of  the  State  Banking  Board  appointed  pursuant  to  this
28    amendatory Act of the 91st General Assembly shall  expire  on
29    January  1,  2004.   Thereafter,  the  term of office of each
30    Class C member shall be 4 years, except that  an  appointment
31    to  fill  a  vacancy  shall  be for the unexpired term of the
32    member whose term is being filled.
33        (d)  No Class A, or Class B, or  Class  C  State  Banking
34    Board  member  shall  serve  more than 2 full 4-year terms of
 
SB1860 Enrolled            -47-               LRB9102178JMmbA
 1    office.
 2        (e)  The term of office of a State Banking  Board  member
 3    shall terminate automatically when the member no longer meets
 4    the  qualifications for the member's appointment to the Board
 5    provided that an increase or decrease in the  asset  size  of
 6    the  member's  bank during the member's term of office on the
 7    State Banking Board shall not result in  the  termination  of
 8    the member's term of office.
 9    (Source: P.A. 90-301, eff. 8-1-97.)

10        Section  65.   The  Illinois Insurance Code is amended by
11    changing Section 143.28 as follows:

12        (215 ILCS 5/143.28) (from Ch. 73, par. 755.28)
13        Sec. 143.28.  The  rates  and  premium  charges  for  all
14    policies of automobile insurance, as described in sub-section
15    (a) of Section 143.13 of this Code, shall include appropriate
16    reductions  for  insured  automobiles which are equipped with
17    anti-theft mechanisms or devices approved  by  the  Director.
18    To  implement  the  provisions  of this section, the Director
19    shall promulgate rules and regulations., and shall appoint an
20    Automotive Engineering Advisory Panel consisting of qualified
21    persons with expertise in automotive design, vehicle service,
22    and theft deterrent measures, to develop minimum  performance
23    standards for certification of such anti-theft mechanisms and
24    devices  and  to  develop  minimum  performance standards for
25    their  certification.   The  Secretary  of   State   or   his
26    designated representative shall be a member of the Automotive
27    Engineering  Advisory Panel, and shall provide the Panel with
28    technical and other assistance, as  it  shall  require.   The
29    rules  and  regulations  promulgated  hereunder shall include
30    procedures for  certification  to  insurers  that  anti-theft
31    mechanisms  and  devices  have  been  installed  properly  in
32    insured vehicles.
 
SB1860 Enrolled            -48-               LRB9102178JMmbA
 1    (Source: P.A. 81-0871; 81-1509.)

 2        Section   70.  The   Environmental   Health  Practitioner
 3    Licensing Act is amended by changing Section 18 as follows:

 4        (225 ILCS 37/18)
 5        Sec. 18.  Board of  Environmental  Health  Practitioners.
 6    The  Board  of  Environmental Health Practitioners is created
 7    and shall exercise its duties as provided in this  Act.   The
 8    Board  shall  consist of 7 members appointed by the Director.
 9    Of  the  7  members,  4   shall   be   environmental   health
10    practitioners,  one  a  Public Health Administrator who meets
11    the  minimum  qualifications  for  public  health   personnel
12    employed  by full time local health departments as prescribed
13    by the Illinois Department of Public Health and  is  actively
14    engaged  in  the  administration of a local health department
15    within this State, one full time professor  teaching  in  the
16    field of environmental health practice, and one member of the
17    general public.  In making the appointments to the Board, the
18    Director   shall  consider  the  recommendations  of  related
19    professional and trade associations  including  the  Illinois
20    Environmental  Health  Association  and  the  Illinois Public
21    Health Association and of  the  Director  of  Public  Health.
22    Each  of the environmental health practitioners shall have at
23    least 5 years  of  full  time  employment  in  the  field  of
24    environmental health practice before the date of appointment.
25    Each  appointee  filling  the seat of an environmental health
26    practitioner appointed to the Board must  be  licensed  under
27    this  Act,  however,  in  appointing the environmental health
28    practitioner members of the first  Board,  the  Director  may
29    appoint  any  environmental health practitioner who possesses
30    the qualifications set forth in Section 20 of this  Act.   Of
31    the  initial  appointments,  3 members shall be appointed for
32    3-year terms, 2 members for 2-year terms, and 2  members  for
 
SB1860 Enrolled            -49-               LRB9102178JMmbA
 1    one-year  terms.   Each  succeeding  member shall serve for a
 2    3-year term.  No member may serve  more  than  2  consecutive
 3    terms.
 4        The  membership  of  the  Board  shall reasonably reflect
 5    representation from  the  various  geographic  areas  of  the
 6    State.
 7        A vacancy in the membership of the Board shall not impair
 8    the  right of a quorum to exercise all the rights and perform
 9    all the duties of the Board.
10        The members of the  Board  are  entitled  to  receive  as
11    compensation  a  reasonable sum as determined by the Director
12    for each day actually engaged in the duties of the office and
13    all legitimate and necessary expenses incurred  in  attending
14    the meetings of the Board.
15        Members  of  the  Board  shall be immune from suit in any
16    action based  upon  any  disciplinary  proceedings  or  other
17    activities performed in good faith as members of the Board.
18        The  Director  may remove any member of the Board for any
19    cause that,  in  the  opinion  of  the  Director,  reasonably
20    justifies termination.
21    (Source: P.A. 89-61, eff. 6-30-95.)

22        Section  75.  The  Illinois  Horse  Racing Act of 1975 is
23    amended by changing Sections 4 and 5 as follows:

24        (230 ILCS 5/4) (from Ch. 8, par. 37-4)
25        Sec. 4.  The Board shall consist of 11 9  members  to  be
26    appointed  by the Governor with the advice and consent of the
27    Senate, not more than 6 5  of  whom  shall  be  of  the  same
28    political  party,  and one of whom shall be designated by the
29    Governor to be chairman. Each member shall have a  reasonable
30    knowledge  of  harness  or  thoroughbred racing practices and
31    procedure and of the principles of  harness  or  thoroughbred
32    racing  and  breeding  and,  at  the time of his appointment,
 
SB1860 Enrolled            -50-               LRB9102178JMmbA
 1    shall be a resident of the State of Illinois and  shall  have
 2    resided  therein  for  a  period  of  at  least  5 years next
 3    preceding his appointment and qualification and he shall be a
 4    qualified voter therein and not less than 25 years of age.
 5    (Source: P.A. 84-1240.)

 6        (230 ILCS 5/5) (from Ch. 8, par. 37-5)
 7        Sec. 5. As soon as practicable  following  the  effective
 8    date  of  this  amendatory  Act  of  1995, the Governor shall
 9    appoint, with the advice and consent of the  Senate,  members
10    to the Board as follows: 3 members for terms expiring July 1,
11    1996;  3  members  for  terms  expiring  July  1, 1998; and 3
12    members for terms expiring July 1, 2000.  Of the 2 additional
13    members appointed pursuant to this amendatory Act of the 91st
14    General Assembly, the initial term of one member shall expire
15    on July 1, 2002 and the initial  term  of  the  other  member
16    shall  expire  on  July  1,  2004.   Thereafter, the terms of
17    office of the Board members  shall  be  6  years.   Incumbent
18    members  on the effective date of this amendatory Act of 1995
19    shall continue to  serve  only  until  their  successors  are
20    appointed and have qualified.
21        Each  member  of the Board shall receive $300 per day for
22    each day the Board meets and for each day the member conducts
23    a hearing pursuant to Section 16 of this Act,  provided  that
24    no  Board  member shall receive more than $5,000 in such fees
25    during  any  calendar  year,  or  an  amount   set   by   the
26    Compensation  Review Board, whichever is greater.  Members of
27    the Board  shall  also  be  reimbursed  for  all  actual  and
28    necessary   expenses   and   disbursements  incurred  in  the
29    execution of their official duties.
30    (Source: P.A. 91-357, eff. 7-29-99.)

31        Section 80.  The Liquor Control Act of 1934 is amended by
32    changing Sections 3-1, 3-2, 3-9, and 7-8 as follows:
 
SB1860 Enrolled            -51-               LRB9102178JMmbA
 1        (235 ILCS 5/3-1) (from Ch. 43, par. 97)
 2        Sec. 3-1.  There is hereby  created  an  Illinois  Liquor
 3    Control  Commission consisting of 7 5 members to be appointed
 4    by the Governor with the advice and consent of the Senate, no
 5    more than 4 3 of whom shall be members of the same  political
 6    party.
 7    (Source: P.A. 83-779.)

 8        (235 ILCS 5/3-2) (from Ch. 43, par. 98)
 9        Sec.  3-2.   Immediately,  or  soon  as  may be after the
10    effective date of this Act,  the  Governor  shall  appoint  3
11    members of the commission, one of whom shall be designated as
12    "Chairman",  one  to hold office for a period of 2 years, one
13    to hold office for a period of 4 years and one to hold office
14    for a period of 6 years.  Immediately, or as soon as  may  be
15    after  the effective date of this amendatory Act of 1983, the
16    Governor shall appoint 2 members to  the  commission  to  the
17    offices  created  by  this amendatory Act of 1983, one for an
18    initial term expiring the third Monday in January of 1986 and
19    one for an initial term expiring the third Monday in  January
20    of  1988.  At  the  expiration  of  the    term  of  any such
21    commissioner the Governor shall reappoint  said  commissioner
22    or appoint a successor of said commissioner for a period of 6
23    years. The Governor shall have power to fill vacancies in the
24    office of any commissioner.
25        Notwithstanding  any  provision  of  this  Section to the
26    contrary, the term of office of each member of the commission
27    is abolished on the effective date of this amendatory Act  of
28    1985,  but  the  incumbent members shall continue to exercise
29    all of the powers and be subject to  all  of  the  duties  of
30    members  of  the commission until their respective successors
31    are appointed and qualified.  The Governor  shall  appoint  2
32    members  of the commission whose terms of office shall expire
33    on February 1, 1986, 2 members of the commission whose  terms
 
SB1860 Enrolled            -52-               LRB9102178JMmbA
 1    of office shall expire on February 1, 1988, and one member of
 2    the  commission  whose term shall expire on February 1, 1990.
 3    Their respective successors shall be appointed for terms of 6
 4    years  from  the  first  day  of  February  of  the  year  of
 5    appointment.  Each member shall serve until his successor  is
 6    appointed and qualified.
 7        The  initial  term  of  both  of the 2 additional members
 8    appointed pursuant to this amendatory Act of the 91st General
 9    Assembly shall expire on February 1, 2006.  Their  respective
10    successors  shall  be appointed for terms of 6 years from the
11    first day of February  of  the  year  of  appointment.   Each
12    member  shall  serve  until his or her successor is appointed
13    and qualified.
14    (Source: P.A. 84-115.)

15        (235 ILCS 5/3-9) (from Ch. 43, par. 105)
16        Sec. 3-9.  Compensation of commissioners, secretary,  and
17    employees.    The chairman of the Commission shall receive an
18    annual salary of $32,000 or such greater amount as may be set
19    by the Compensation Review Board.   The  other  commissioners
20    shall  receive  an  annual  salary of $28,000 or such greater
21    amount as may be set by the Compensation Review Board.    The
22    chairman,  commissioners,  and  secretary  of  the Commission
23    shall receive an annual salary as  set  by  the  Compensation
24    Review  Board.   All clerks, inspectors, and employees of the
25    Commission shall receive reasonable compensation in an amount
26    fixed by the Commission, subject to the approval  in  writing
27    of the Governor.
28    (Source: P.A. 89-250, eff. 1-1-96.)

29        (235 ILCS 5/7-8) (from Ch. 43, par. 152)
30        Sec.  7-8.   For  each city, village or incorporated town
31    having a population of 500,000 or more inhabitants, there  is
32    established  a  license  appeal  commission consisting of the
 
SB1860 Enrolled            -53-               LRB9102178JMmbA
 1    chairman of the Illinois Liquor Control Commission, the  most
 2    senior  member  of the Illinois Liquor Control Commission who
 3    is not of the same political party as the chairman,  and  one
 4    person  who  is a resident of the particular city, village or
 5    incorporated town selected by the council  or  president  and
 6    board  of trustees, as the case may be, who shall serve for a
 7    term of 4 years and until his successor is selected and takes
 8    office.  Neither  the  mayor,  president  of  the  board   of
 9    trustees,  nor any member of the council or board of trustees
10    shall  be  eligible  for  membership  on  a  license   appeal
11    commission.  Each  of  the  2  members of the Illinois Liquor
12    Control Commission shall receive a $200  $100  per  diem  for
13    their  work  on  the license appeal commission, and the other
14    member shall receive an annual salary which shall be paid  by
15    the  particular  city,  village  or  incorporated  town.  The
16    secretary  of the Illinois Liquor Control Commission shall be
17    ex-officio the secretary for each license appeal commission.
18    (Source: P.A. 84-1282.)

19        (410 ILCS 425/9 rep.)
20        Section 85.  The  High  Blood  Pressure  Control  Act  is
21    amended by repealing Section 9.

22        (410 ILCS 435/Act rep.)
23        Section  90.   The  Rheumatic  Diseases  Treatment Act is
24    repealed.

25        (415 ILCS 20/6.3 rep.)
26        Section 95.  The Illinois Solid Waste Management  Act  is
27    amended by repealing Section 6.3.

28        Section  100.   The  Alternate  Fuels  Act  is amended by
29    changing Section 20 as follows:
 
SB1860 Enrolled            -54-               LRB9102178JMmbA
 1        (415 ILCS 120/20)
 2        Sec. 20.  Rules. Alternate Fuels  Advisory   Board.   The
 3    Governor  shall  appoint  an  Alternate  Fuels Advisory Board
 4    representing all alternate  fuels  industries  designated  in
 5    this  Act and Illinois private fleet operators.  The Advisory
 6    Board shall  be  chaired  by  the  Director.   Other  members
 7    appointed  by the Governor shall consist of 2 representatives
 8    each  from  the  ethanol  and  natural  gas  industries,  one
 9    representative from  the  liquid  petroleum    industry,  one
10    representative from the electric industry, one representative
11    from  the  heavy  duty engine manufacturing industry, and one
12    representative from Illinois private  fleet  operators.   The
13    Advisory  Board  shall  prepare  and  recommend to the Agency
14    Rules implementing Section 30 of this Act shall include,  but
15    are,  including, but not limited to, calculation of fuel cost
16    differential rebates and designation of acceptable conversion
17    and OEM technologies.
18        Members of the Advisory Board  shall  not  be  reimbursed
19    their  costs and expenses of participation.  All decisions of
20    the Advisory Board shall be decided on a one vote per  member
21    basis  with  a  majority  of the Advisory Board membership to
22    rule.
23        In designating acceptable conversion or OEM technologies,
24    the Advisory Board and Agency shall  favor,  when  available,
25    technology  that  is in compliance with the federal Clean Air
26    Act Amendments of 1990 and  applicable  implementing  federal
27    regulations.     Conversion   and   OEM   technologies   that
28    demonstrate emission  reduction  capabilities  that  meet  or
29    exceed  emission standards applicable for the vehicle's model
30    year  and  weight  class  shall  be  acceptable.    Standards
31    requiring   proper   installation   of   approved  conversion
32    technologies shall be included in the recommended rules.
33        Notwithstanding the above, engines used in alternate fuel
34    vehicles greater  than  8500  pounds  GVWR,  whether  new  or
 
SB1860 Enrolled            -55-               LRB9102178JMmbA
 1    remanufactured,  shall  meet  the  appropriate  United States
 2    Environmental Protection Agency emissions  standards  at  the
 3    time  of  manufacture,  and  if  converted,  shall  meet  the
 4    standards in effect at the time of conversion.
 5    (Source: P.A. 89-410; 90-726, eff. 8-7-98.)

 6        Section  105.   The  Attorney  Act is amended by changing
 7    Section 1 as follows:

 8        (705 ILCS 205/1) (from Ch. 13, par. 1)
 9        Sec. 1.  No person shall be permitted to practice  as  an
10    attorney or counselor at law within this State without having
11    previously  obtained  a  license  for  that  purpose from the
12    Supreme Court of this State.
13        No person shall  receive  any  compensation  directly  or
14    indirectly  for  any  legal  services  other than a regularly
15    licensed attorney.
16        A license, as provided for herein, constitutes the person
17    receiving  the  same  an  attorney  and  counselor  at   law,
18    according  to the law and customs thereof, for and during his
19    good behavior in the practice and authorizes  him  to  demand
20    and  receive  fees for any services which he may render as an
21    attorney and counselor at law in this State.  No person shall
22    be granted a license or renewal authorized by  this  Act  who
23    has  defaulted  on  an  educational  loan  guaranteed  by the
24    Illinois Student Assistance Commission; however, a license or
25    renewal may be issued to the aforementioned persons who  have
26    established  a satisfactory repayment record as determined by
27    the Illinois Student Assistance Commission.  No person  shall
28    be granted a license or renewal authorized by this Act who is
29    more  than  30  days  delinquent  in  complying  with a child
30    support order; a license or renewal may be  issued,  however,
31    if the person has established a satisfactory repayment record
32    as  determined  (i)  by the Illinois Department of Public Aid
 
SB1860 Enrolled            -56-               LRB9102178JMmbA
 1    for cases being enforced under  Article  X  of  the  Illinois
 2    Public  Aid Code or (ii) in all other cases by order of court
 3    or by written agreement  between  the  custodial  parent  and
 4    non-custodial  parent.  No  person shall be refused a license
 5    under this Act on account of sex.
 6        Any person practicing, charging  or  receiving  fees  for
 7    legal   services   within  this  State,  either  directly  or
 8    indirectly, without being  licensed  to  practice  as  herein
 9    required,  is  guilty  of  contempt  of  court  and  shall be
10    punished accordingly,  upon  complaint  being  filed  in  any
11    Circuit  Court  of  this  State.   Such  proceedings shall be
12    conducted in the Courts of the respective counties where  the
13    alleged  contempt has been committed in the same manner as in
14    cases of indirect contempt and with the right  of  review  by
15    the parties thereto.
16        The  provisions of this Act shall be in addition to other
17    remedies permitted by law  and  shall  not  be  construed  to
18    deprive  courts  of  this  State  of  their inherent right to
19    punish for contempt or to restrain the unauthorized  practice
20    of law.
21        Nothing  in  this  Act  shall  be  construed  to prohibit
22    representation of a party by a person who is not an  attorney
23    in  a  proceeding  before  either panel of the Illinois State
24    Labor Relations Board or the Illinois Local  Labor  Relations
25    Board  under  the Illinois Public Labor Relations Act, as now
26    or  hereafter  amended,  the   Illinois   Educational   Labor
27    Relations   Board   under   the  Illinois  Educational  Labor
28    Relations Act, as now or hereafter amended, the  State  Civil
29    Service  Commission,  the local Civil Service Commissions, or
30    the University Civil  Service  Merit  Board,  to  the  extent
31    allowed  pursuant  to  rules  and  regulations promulgated by
32    those Boards and Commissions.
33    (Source: P.A. 89-6, eff. 3-6-95.)
 
SB1860 Enrolled            -57-               LRB9102178JMmbA
 1        Section 110.  The Unified Code of Corrections is  amended
 2    by changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows:

 3        (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
 4        Sec.  3-3-1.   Establishment  and Appointment of Prisoner
 5    Review Board.
 6        (a)  There shall be a Prisoner Review  Board  independent
 7    of the Department of Corrections which shall be:
 8        (1)  the  paroling  authority for persons sentenced under
 9    the law in effect   prior  to  the  effective  date  of  this
10    amendatory Act of 1977;
11        (2)  the   board   of  review  for  cases  involving  the
12    revocation  of  good  conduct  credits  or  a  suspension  or
13    reduction in the rate of accumulating such credit;
14        (3)  the board  of  review  and  recommendation  for  the
15    exercise of executive clemency by the Governor;
16        (4)  the  authority  for  establishing  release dates for
17    certain prisoners sentenced under the law in existence  prior
18    to  the  effective  date  of  this amendatory Act of 1977, in
19    accordance with Section 3-3-2.1 of this Code;
20        (5)  the authority for setting conditions for parole  and
21    mandatory  supervised  release under Section 5-8-1(a) of this
22    Code, and determining whether a violation of those conditions
23    warrant revocation of parole or mandatory supervised  release
24    or the imposition of other sanctions.
25        (b)  The  Board  shall consist of 15 12 persons appointed
26    by the Governor by and with the advice  and  consent  of  the
27    Senate.    One member of the Board shall be designated by the
28    Governor to be Chairman and shall serve as  Chairman  at  the
29    pleasure of the Governor. The members of the Board shall have
30    had  at  least  5 years of actual experience in the fields of
31    penology, corrections work, law enforcement, sociology,  law,
32    education,   social   work,   medicine,   psychology,   other
33    behavioral  sciences,