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Public Act 097-0738


 

Public Act 0738 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0738
 
HB4586 EnrolledLRB097 14779 CEL 59804 b

    AN ACT concerning conservation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-30 as follows:
 
    (20 ILCS 805/805-30)  (was 20 ILCS 805/63a38)
    Sec. 805-30. Illinois Veteran Conservation Corps and
Illinois Young Adult Conservation Corps; Illinois Veteran
Recreation Corps and Illinois Youth Recreation Corps. The
Department has the power to administer the Illinois Veteran
Conservation Corps, Illinois Young Adult Conservation Corps,
Illinois Veteran Recreation Corps, Program and the Illinois
Youth Recreation Corps programs Program created by the Illinois
Veteran, Youth, and Young Adult Conservation Jobs Act
Employment Act of 1986 and to promulgate rules and regulations
for the administration of the programs.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (20 ILCS 2805/9 rep.)
    Section 10. The Department of Veterans Affairs Act is
amended by repealing Section 9.
 
    Section 15. The Illinois Youth and Young Adult Employment
Act of 1986 is amended by changing Sections 1, 2, 4, 5, 6, 7,
and 8 and by adding Sections 7.5 and 9 as follows:
 
    (525 ILCS 50/1)  (from Ch. 48, par. 2551)
    Sec. 1. This Article II shall be known and may be cited as
the "Illinois Veteran, Youth, and Young Adult Conservation Jobs
Employment Act of 1986".
(Source: P.A. 84-1430.)
 
    (525 ILCS 50/2)  (from Ch. 48, par. 2552)
    Sec. 2. Declaration of Intent. The General Assembly finds
that the level of unemployment among veterans, the youths of
this State, particularly those age 14 16 through 18, and young
adults, age 18 through 25, is unsatisfactory. This situation is
not conducive to the development of veterans and the youth and
young adults of Illinois as the future of the State. The
General Assembly further finds that the availability of
conservation and recreational programs for veterans, youth,
and young adults in parks and recreational facilities and other
lands operated by the State, by units of local government, and
by other local not-for-profit entities is severely limited,
decreasing the variety of constructive activities available to
the children of this State during those months when they are
not in school. The General Assembly therefore creates the
Illinois Veteran, Youth, and Young Adult Conservation Jobs
Employment Act to establish (a) the Illinois Veteran
Conservation Corps and the Illinois Young Adult Conservation
Corps to provide year-round temporary summer employment for
youth and year around employment for veterans and young adults
of this State for the purpose of conservation, rehabilitation,
protection and enhancement of the State's public land and (b)
the Illinois Veteran Recreation Corps and the Illinois Youth
Recreation Corps to provide temporary summer employment for the
veterans and youth of this State for the purpose of
administering and operating conservation or recreational
programs operated by units of local government or local
not-for-profit entities for youth at conservation and open
spaces, parks, or recreational facilities or other similar
facilities or locations operated by the State, units of local
government or other local not-for-profit entities.
(Source: P.A. 84-1430.)
 
    (525 ILCS 50/4)  (from Ch. 48, par. 2554)
    Sec. 4. Definition of Terms. For the purposes of this Act:
    (a) "Department" means the Department of Natural
Resources.
    (b) "Director" means the Director of Natural Resources.
    (c) "Local sponsor" means any unit of local government or
not-for-profit entity that can make available for a summer
conservation or recreation program park lands, conservation or
recreational lands or facilities, equipment, materials,
administration, supervisory personnel, etc.
    (d) "Managing supervisor" means an enrollee in the Illinois
Veterans Recreation Corps or the Illinois Youth Recreation
Corps who is selected by the local sponsor to supervise the
activities of the veterans or youth employee enrollees working
on the conservation or recreation project. A managing
supervisor in the Illinois Youth Recreation Corps may be 19
years of age or older.
    (e) "Veteran" means an Illinois resident who has served or
is currently serving as a member of the United States Armed
Forces, a member of the Illinois National Guard, or a member of
a Reserve Component of the United States Armed Forces.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (525 ILCS 50/5)  (from Ch. 48, par. 2555)
    Sec. 5. Cooperation. The Department of Natural Resources
shall have the full cooperation of the Illinois Department of
Veterans' Affairs, Department of Commerce and Economic
Opportunity, the Illinois State Job Coordinating Council
created by the Federal Job Training Partnership Act (Public Law
97-300), and the Department of Employment Security to carry out
the purposes of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (525 ILCS 50/6)  (from Ch. 48, par. 2556)
    Sec. 6. Funding. Funding for the Illinois Veteran, Youth,
and Young Adult Conservation Jobs Employment Act shall be from
any State or federal funds or grants or other funding so
received by the Department so appropriated by the General
Assembly and any matching funds required by the Department from
local sponsors that choose to participate in the Illinois
Veteran Recreation Corps or the Illinois Youth Recreation Corps
programs program.
(Source: P.A. 84-1430.)
 
    (525 ILCS 50/7)  (from Ch. 48, par. 2557)
    Sec. 7. Illinois Young Adult Conservation Corps. With
respect to the Illinois Young Adult Conservation Corps program:
    (a) Enrollment. The Illinois Young Adult Conservation
Corps Youth Component shall be limited to citizens of this
State who at the time of enrollment are 16 through 18 years of
age inclusive and who are unemployed. The Illinois Conservation
Corps Young Adult Component shall be limited to citizens of
this State who at the time of enrollment are 18 through 25
years of age inclusive and who are unemployed.
    The Department shall make public notification of the
availability of jobs for eligible youths and young adults in
the Illinois Young Adult Conservation Corps by the means of
newspapers, electronic media, educational facilities, units of
local government and the Department of Employment Security
offices.
    The Department shall promulgate reasonable rules
pertaining to application for jobs with the Illinois Young
Adult Conservation Corps.
    Any applicant who knowingly and purposely provides
wrongful information regarding age, employment or educational
records shall be deemed ineligible to participate in the
program. Any applicant who successfully gains employment in the
program and is later proven to have falsified his or her
application shall be dismissed immediately from the program.
    (b) Terms of Employment. The enrollment period for any
successful applicant of the Illinois Conservation Corps Youth
Component shall not be longer than 60 working days during the
months of June, July and August. Once enrolled in the Illinois
Young Adult Conservation Corps program, each enrollee shall
receive at least the standard minimum wage as set by the State
of Illinois and shall work normal working hours as determined
by the Department. The enrollees shall not be classified as
employees of the State for purposes of contributions to the
State Employees' Retirement System of Illinois or any other
public employment retirement system of the State.
    (c) Permissible Activities. The Director shall designate
suitable projects in which enrollees of the program shall
participate. No project designated for enrollee participation
shall result in the displacement of individuals currently
employed or positions currently existing, either directly or
under contract with any private contractor, by the Department
through the reduction of overtime or nonovertime hours, wages
or employment benefits.
    Projects so designated by the Director shall be for the
purpose of enhancing public lands owned or leased by the
Department or developing and enhancing projects or initiatives
undertaken in whole or part by the Department. Such projects
shall include improving the habitat of fauna and flora;
improving utilization of conservation or recreation facilities
and lands by the public; improving water quality; and any other
project deemed by the Department to improve the environmental,
economic and recreational quality of the State owned or leased
lands.
    All projects designated for activity by the Director shall
be within a reasonable commuting time for each enrollee. To the
extent possible, the Director shall designate areas where a
pool of enrollees may work. In no circumstance shall enrollees
be required to spend more than 1 1/2 hours of commuting time to
a project or a designated area; provided, an enrollee, or an
enrollee who is a minor with the express concurrence of his
parent or guardian, may agree to spend more than 1 1/2 hours of
commuting time to a project or a designated area.
(Source: P.A. 84-1430.)
 
    (525 ILCS 50/7.5 new)
    Sec. 7.5. Illinois Veteran Conservation Corps. With
respect to the Illinois Veteran Conservation Corps program:
    (a) Enrollment. The Illinois Veteran Conservation Corps
shall be limited to citizens of this State who at the time of
enrollment are veterans who are unemployed. Preference may be
given to veterans with a disability.
    The Department shall make public notification of the
availability of jobs for eligible veterans in the Illinois
Veteran Conservation Corps by the means of newspapers,
electronic media, educational facilities, units of local
government, and the Department of Employment Security offices.
    The Department shall adopt reasonable rules pertaining to
application for jobs with the Illinois Veteran Conservation
Corps.
    Any applicant who knowingly and purposely provides
wrongful information regarding employment or veteran status
shall be deemed ineligible to participate in the program. Any
applicant who successfully gains employment in the program and
is later proven to have falsified his or her application shall
be dismissed immediately from the program.
    (b) Terms of employment. Once enrolled in the Illinois
Veteran Conservation Corps, each enrollee shall receive at
least the standard minimum wage as set by the State and shall
work normal working hours as determined by the Department. The
enrollees shall not be classified as employees of the State for
purposes of contributions to the State Employees' Retirement
System of Illinois or any other public employment retirement
system of the State.
    (c) Permissible activities. The Director shall designate
suitable projects in which enrollees of the program shall
participate. No project designated for enrollee participation
shall result in the displacement of individuals currently
employed or positions currently existing, either directly or
under contract with any private contractor, by the Department,
or unit of local government through the reduction of overtime
or non-overtime hours, wages, or employment benefits.
    Projects so designated by the Director shall be for the
purpose of enhancing public lands owned or leased by the
Department or developing and enhancing projects or initiatives
undertaken in whole or part by the Department. Such projects
shall include improving the habitat of fauna and flora;
improving utilization of conservation or recreation facilities
and lands by the public; improving water quality; and any other
project deemed by the Department to improve the environmental,
economic, and recreational quality of the State owned or leased
lands.
    All projects designated for activity by the Director shall
be within a reasonable commuting time for each enrollee. To the
extent possible, the Director shall designate areas where a
pool of enrollees may work. In no circumstance shall enrollees
be required to spend more than 1 1/2 hours of commuting time to
a project or a designated area; provided, an enrollee may agree
to spend more than 1 1/2 hours of commuting time to a project
or a designated area.
 
    (525 ILCS 50/8)  (from Ch. 48, par. 2558)
    Sec. 8. Illinois Youth Recreation Corps. With respect to
the Illinois Youth Recreation Corps:
    (a) Purpose. The Illinois Youth Recreation Corps is
established for the purpose of making grants to local sponsors
to provide wages to youth operating and instructing in
conservation or recreational programs for the benefit of other
youth. Such programs shall provide conservation or
recreational opportunities for local children of all age levels
and shall include, but are not limited to, the coordination and
teaching of natural resource conservation and management,
physical activities, or arts and handicraft, and learning
activities directly related to natural resource conservation
management or recreation. Such programs may charge user fees,
but such fees shall be designed to promote as much community
involvement as possible by the children of the community, as
determined by the Department.
    (b) Application. Local sponsors who can provide necessary
facilities, materials and management for summer conservation
or recreational activities for youth within the community and
who desire a grant under this Act for the purpose of hiring
managing supervisors as necessary and eligible youth as
supervisors, instructors, instructional aides or maintenance
personnel for such conservation or recreational programs may
make application to the Department of Natural Resources.
Applications shall be evaluated on the basis of program
content, location, need, local commitment of resources, and
consistency with the purposes of this Act.
    (c) Enrollment. The Illinois Youth Recreation Corps shall
be limited to citizens of this State who at the time of
enrollment are 14 16 through 18 19 years of age inclusive and
who have skills that can be utilized in the summer conservation
or recreational program. The ratio of youth employee enrollees
to a managing supervisor must not be less than 10 to 1 for any
local sponsor with a total number of youth employee enrollees
of 10 or more. Any local sponsor program with a total number of
youth employee enrollees of less than 10 must be limited to one
managing supervisor.
    The local sponsors shall make public notification of the
availability of jobs for eligible youth in the Illinois Youth
Recreation Corps by the means of newspapers, electronic media,
educational facilities, units of local government and
Department of Employment Security offices. Application for
employment shall be made directly to the local sponsor.
    The Department shall adopt reasonable rules pertaining to
the administration of the Illinois Youth Recreation Corps.
    (d) Terms of Employment. The enrollment period for any
successful applicant of the program shall not be longer than 60
working days during the months of June, July and August. Once
enrolled in the program, each enrollee shall receive a
reasonable wage as set by the Department and shall work hours
as required by the conservation or recreation program but not
in excess of a maximum number of hours as determined by the
Department, except that an enrollee working as a managing
supervisor shall receive a higher wage than an enrollee working
in any other capacity on the conservation or recreation
program. Enrollees shall be employees of the local sponsor and
not contractual hires for the purpose of employment taxes,
except that . The enrollees shall not be classified as employees
of the State or the local sponsor for purposes of contributions
to the State Employees' Retirement System of Illinois or any
other public employee retirement system.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (525 ILCS 50/9 new)
    Sec. 9. Illinois Veteran Recreation Corps. With respect to
the Illinois Veteran Recreation Corps:
    (a) Purpose. The Illinois Veteran Recreation Corps is
established for the purpose of making grants to local sponsors
to provide wages to veterans of any age operating and
instructing in conservation or recreational programs. Such
programs shall provide conservation or recreational
opportunities and shall include, but are not limited to, the
coordination and teaching of natural resource conservation and
management, physical activities, or learning activities
directly related to natural resource conservation management
or recreation. Such programs may charge user fees, but such
fees shall be designed to promote as much community involvement
as possible, as determined by the Department.
    (b) Application. Local sponsors who can provide necessary
facilities, materials, and management for summer conservation
or recreational activities within the community and who desire
a grant under this Act for the purpose of hiring managing
supervisors as necessary and eligible veterans for such
conservation or recreational programs may make application to
the Department. Applications shall be evaluated on the basis of
program content, location, need, local commitment of
resources, and consistency with the purposes of this Act.
    (c) Enrollment. The Illinois Veterans' Recreation Corps
shall be limited to citizens of this State who at the time of
enrollment are veterans of any age and are unemployed and who
have skills that can be utilized in the summer conservation or
recreational program. Preference may be given to veterans with
a disability.
    The ratio of veterans employee enrollees to a managing
supervisor must not be less than 10 to 1 for any local sponsor
with a total number of veterans employee enrollees of 10 or
more. Any local sponsor program with a total number of veteran
employee enrollees of less than 10 must be limited to one
managing supervisor. Veterans who are unemployed shall be given
preference for employment as managing supervisors.
    The local sponsors shall make public notification of the
availability of jobs for eligible veterans in the Illinois
Veterans Recreation Corps by the means of newspapers,
electronic media, educational facilities, units of local
government, and Department of Employment Security offices.
Application for employment shall be made directly to the local
sponsor.
    The Department shall adopt reasonable rules pertaining to
the administration of the Illinois Veteran Recreation Corps.
    (d) Terms of employment. The enrollment period for any
successful applicant of the program shall not be longer than 6
total months. Once enrolled in the program, each enrollee shall
receive a reasonable wage as set by the Department and shall
work hours as required by the conservation or recreation
program but not in excess of a maximum number of hours as
determined by the Department, except that an enrollee working
as a managing supervisor shall receive a higher wage than an
enrollee working in any other capacity on the conservation or
recreation program. Enrollees shall be employees of the local
sponsor and not contractual hires for the purpose of employment
taxes, except that enrollees shall not be classified as
employees of the State or the local sponsor for purposes of
contributions to the State Employees' Retirement System of
Illinois or any other public employee retirement system.
 
    (525 ILCS 50/3 rep.)
    Section 20. The Illinois Youth and Young Adult Employment
Act of 1986 is amended by repealing Section 3.
 
    Section 25. The Clerks of Courts Act is amended by changing
Section 27.3a as follows:
 
    (705 ILCS 105/27.3a)
    (Text of Section after amendment by P.A. 97-46)
    Sec. 27.3a. Fees for automated record keeping and State and
Conservation Police operations.
    1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $15 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
    1.5. Starting on the effective date of this amendatory Act
of the 96th General Assembly, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section. This additional fee shall be paid
by the defendant in any felony, traffic, misdemeanor, or local
ordinance case upon a judgment of guilty or grant of
supervision. This fee shall not be paid by the defendant for
any conservation violation listed in subsection 1.6 of this
Section.
    1.6. Starting on July 1, 2012 (the effective date of Public
Act 97-46) this amendatory Act of the 97th General Assembly, a
clerk of the circuit court in any county that imposes a fee
pursuant to subsection 1 of this Section shall charge and
collect an additional fee in an amount equal to the amount of
the fee imposed pursuant to subsection 1 of this Section. This
additional fee shall be paid by the defendant upon a judgment
of guilty or grant of supervision for a conservation violation
under the State Parks Act, the Recreational Trails of Illinois
Act, the Illinois Explosives Act, the Timber Buyers Licensing
Act, the Forest Products Transportation Act, the Firearm Owners
Identification Card Act, the Environmental Protection Act, the
Fish and Aquatic Life Code, the Wildlife Code, the Cave
Protection Act, the Illinois Exotic Weed Act, the Illinois
Forestry Development Act, the Ginseng Harvesting Act, the
Illinois Lake Management Program Act, the Illinois Natural
Areas Preservation Act, the Illinois Open Land Trust Act, the
Open Space Lands Acquisition and Development Act, the Illinois
Prescribed Burning Act, the State Forest Act, the Water Use Act
of 1983, the Illinois Veteran, Youth, and Young Adult
Conservation Jobs Employment Act of 1986, the Snowmobile
Registration and Safety Act, the Boat Registration and Safety
Act, the Illinois Dangerous Animals Act, the Hunter and
Fishermen Interference Prohibition Act, the Wrongful Tree
Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
the Illinois Vehicle Code.
    2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
    3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
    4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
    5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
    6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
    7. 6. With respect to the additional fee imposed under
subsection 1.6 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the Conservation Police Operations
Assistance Fund.
(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
97-453, eff. 8-19-11; revised 10-4-11.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/05/2012