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Public Act 096-1063


 

Public Act 1063 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1063
 
HB6059 EnrolledLRB096 20602 RCE 36306 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Illinois Holocaust and Genocide Commission Act.
 
    Section 5. Definitions. In this Act:
    "Commission" means the Illinois Holocaust and Genocide
Commission.
    "Genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnic,
racial, or religious group as such:
        (1) killing members of the group;
        (2) causing serious bodily or mental harm to members of
    the group;
        (3) deliberately inflicting on the group conditions of
    life calculated to bring about the group's physical
    destruction in whole or in part;
        (4) imposing measures intended to prevent births
    within the group; or
        (5) forcibly transferring children of the group to
    another group.
    "Holocaust" means the killing of approximately 6,000,000
Jews and millions of other persons during World War II by the
National Socialist German Workers' Party (Nazis) and Nazi
collaborators as part of a state-sponsored, systematic program
of genocide and other actions of persecution, discrimination,
violence, or other human rights violations committed by the
Nazis and Nazi collaborators against those persons.
 
    Section 10. Composition of the Commission.
    (a) The Commission is composed of 18 members as follows:
        (1) 15 public members appointed by the Governor; and
        (2) 3 ex officio members as follows:
            (A) the State Superintendent of Education;
            (B) the Executive Director of the Board of Higher
        Education; and
            (C) the Director of Veterans' Affairs.
    (b) The President and Minority Leader of the Senate shall
each designate a member of the Senate and the Speaker and
Minority Leader of the House of Representatives shall each
designate a member of the House to advise the Commission.
 
    Section 15. Public members; eligibility; appointment;
vacancy.
    (a) A person appointed as a public member of the Commission
must be a resident of this State.
    (b) Public members of the Commission must include:
        (1) persons who have served prominently as leaders of
    or spokespersons for public or private organizations that
    serve members of religious, ethnic, national heritage, or
    social groups that were subjected to the Holocaust or other
    genocides;
        (2) persons who have significant professional
    experience in the field of Holocaust or genocide education;
        (3) persons who represent liberators of Holocaust or
    other genocide victims; and
        (4) persons who have demonstrated a significant,
    particular interest in Holocaust or genocide education.
    (c) Appointments of public members to the Commission shall
be made:
        (1) without regard to the race, color, disability, sex,
    religion, age, or national origin of an appointee; and
        (2) so that each geographic area of this State is
    represented on the Commission.
    (d) The original appointing authority shall fill any
vacancy in an appointed position on the Commission for the
unexpired portion of the term.
 
    Section 20. Ex officio members; eligibility; designation
of representative.
    (a) An ex officio member of the Commission vacates the
person's position on the Commission if the person ceases to
hold the position that qualifies the person for service on the
Commission.
    (b) An ex officio member may designate a representative to
serve on the Commission in the member's absence. A
representative designated under this subsection must be an
officer or employee of the State agency that employs the ex
officio member.
 
    Section 25. Removal of a public member.
    (a) It is a ground for removal of a public member from the
Commission if the member:
        (1) is ineligible for public membership under Section
    15(a);
        (2) cannot because of illness or disability discharge
    the member's duties for a substantial part of the term for
    which the member is appointed; or
        (3) is absent from more than 3 consecutive regularly
    scheduled Commission meetings that the member is eligible
    to attend during a calendar year unless the absence is
    excused by majority vote of the Commission.
    (b) The validity of an action of the Commission is not
affected by the fact that it is taken when a ground for removal
of a Commission member exists.
    (c) If a member of the Commission has knowledge that a
potential ground for removal exists, the member shall notify
the presiding officer of the Commission of the potential
ground. The presiding officer shall then notify the Governor
and the Attorney General that a potential ground for removal
exists.
 
    Section 30. Term of public member.
    (a) A public member of the Commission serves a term of 4
years, except that the terms of the initial members shall
expire on February 1, 2015.
    (b) A public member is eligible for reappointment to
another term or part of a term.
    (c) A public member may not serve more than 2 consecutive
terms. For purposes of this prohibition, a member is considered
to have served a term only if the member has served more than
half of the term.
 
    Section 35. Officers; subcommittees.
    (a) The Governor shall designate a public member of the
Commission as presiding officer to serve in that capacity at
the pleasure of the Governor.
    (b) The presiding officer of the Commission may appoint a
subcommittee for any purpose consistent with the duties of the
Commission under this Act.
 
    Section 40. Compensation; expenses.
    (a) A public member of the Commission is not entitled to
compensation but is entitled to reimbursement for the travel
expenses incurred by the member while transacting Commission
business, as provided in Section 50.
    (b) An ex officio member's service on the Commission is an
additional duty of the underlying position that qualifies the
member for service on the Commission. The entitlement of an ex
officio member to compensation or to reimbursement for travel
expenses incurred while transacting Commission business is
governed by the law that applies to the member's service in
that underlying position, and any payment to the member for
either purpose must be made from an appropriation that may be
used for the purpose and is available to the State agency that
the member serves in that underlying position.
 
    Section 45. Meetings; quorum; voting; public access.
    (a) The Commission shall meet at least quarterly at the
times and places in this State that the Commission designates.
    (b) Seven voting members of the Commission constitute a
quorum for transacting Commission business.
    (c) An ex officio member of the Commission may not vote on
Commission business.
    (d) The Commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the Commission and speak on any issue under the
jurisdiction of the Commission.
 
    Section 55. General powers and duties of the Commission.
    (a) The Commission shall:
        (1) provide advice and assistance to public and private
    elementary and secondary schools and institutions of
    higher education in this State regarding implementation of
    Holocaust and genocide courses of study and awareness
    programs;
        (2) meet with appropriate representatives of public
    and private organizations, including service
    organizations, to provide information on and to assist in
    planning, coordinating, or modifying Holocaust and
    genocide courses of study and awareness programs;
        (3) determine which, if any, existing Holocaust or
    other genocide memorials, exhibits, or other resources
    could be included in or used to support Holocaust and
    genocide courses of study and awareness programs;
        (4) compile a list of volunteers, such as Holocaust or
    other genocide survivors, liberators of concentration
    camps, scholars, and members of the clergy, who have agreed
    to share, in classrooms, seminars, exhibits, or workshops,
    their verifiable knowledge and experiences regarding the
    Holocaust or other genocide;
        (5) coordinate events in this State memorializing the
    Holocaust and other genocides on January 27, International
    Holocaust Remembrance Day, on the Days of Remembrance
    established by the United States Congress, or on any other
    day designated by the Commission for that purpose; and
        (6) solicit volunteers to participate in commemorative
    events designed to enhance public awareness of the
    continuing significance of the Holocaust and other
    genocides.
    (b) In implementing subsection (a)(3), the Commission may
contact and cooperate with:
        (1) existing public or private Holocaust or other
    genocide resource organizations, including the United
    States Holocaust Memorial Museum and the Illinois
    Holocaust Museum and Education Center;
        (2) other museums, centers, and organizations based in
    this State;
        (3) the State Board of Education and the Board of
    Higher Education; and
        (4) members of the United States Congress and of the
    Illinois General Assembly.
    (c) The Commission shall adopt rules as necessary for its
own procedures.
    (d) The Commission may appoint advisory committees to
advise the Commission.
 
    Section 60. Funding.
    (a) The Commission may accept monetary gifts and grants
from any public or private source, to be held in a
non-appropriated trust fund by the State Treasurer and expended
solely for the use of the Commission in performing the
Commission's powers and duties under this Act. The Commission
may also accept in-kind gifts.
    (b) The Department of Natural Resources may cooperate with
and advise the Commission in regards to staffing and may
support functions and activities of the Commission from moneys
available to the Department that may be used for that purpose.
The General Assembly may also specifically appropriate money to
the Department to provide staff and to otherwise support
functions and activities of the Illinois Holocaust and Genocide
Commission.
 
    Section 95. Repeal. This Act is repealed on January 1,
2021.

Effective Date: 1/1/2011