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Public Act 91-0239
HB0236 Enrolled LRB9100031DJcdA
AN ACT to revise the Civil Administrative Code of
Illinois.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1. REVISORY PROVISIONS
Section 1-5. Purpose. The purpose of this amendatory Act
is to revise the Civil Administrative Code of Illinois by
renumbering and rearranging the provisions of that Code,
making only nonsubstantive and technical changes.
Section 1-10. Prior law.
(a) A provision revised and continued in the Civil
Administrative Code of Illinois by this amendatory Act shall
be construed as a continuation of the prior law and not as a
new or different law.
(b) A citation in an Act other than the Civil
Administrative Code of Illinois to a Section of that Code
that is renumbered and continued in that Code by this
amendatory Act shall be construed to be a citation to that
renumbered and continued provision in that Code.
(c) Section 46.20 of the Civil Administrative Code of
Illinois (20 ILCS 605/46.20), which authorizes the
Department of Commerce and Community Affairs to make rules
and regulations, duplicates Section 46.42 of the Code (20
ILCS 605/46.42). Section 46.20 is therefore redundant and is
repealed without being continued in the Code. Section 46.42
is continued in the Code at 20 ILCS 605/605-95.
Section 1-15. Other Acts of the General Assembly. If any
other Act of the General Assembly changes, adds, or repeals a
provision of prior law that is renumbered and continued in
the Civil Administrative Code of Illinois by this amendatory
Act, then that change, addition, or repeal in the other Act
shall be construed together with the Civil Administrative
Code of Illinois as amended by this amendatory Act.
Section 1-20. Matters of form.
(a) The parenthetic citation before a new Article
heading or new Section in the Form "(XX ILCS XX/Art. XX
heading new)" or "(XX ILCS XX/XX new)" (i) is an
informational reference to the citation of the new Article
heading or new Section in the Illinois Compiled Statutes and
(ii) is not part of the text of the law.
(b) The parenthetic citation before a new Section in the
form "(was XX ILCS XX/XX)" (i) is an informational reference
to the prior law from which the new Section is derived and
(ii) is not part of the text of the law.
(c) In the text of a new Section, (i) matter that is
stricken indicates a deletion from the prior law and (ii)
matter that is underscored indicates an addition to the prior
law. The purpose of striking and underscoring in this manner
is to clearly indicate all changes to prior laws that are
being renumbered and continued in the Civil Administrative
Code of Illinois. Matter in the text of a new Section that
is not stricken or underscored is matter being continued in
the Code with no changes.
(d) The parenthetic citation after a Section in the form
"(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i)
is an informational reference to the most recent sources of
the continued text in the Session Laws of Illinois and (ii)
is not part of the text of the law.
Section 1-25. Home rule; mandates. No provision
incorporated into the Civil Administrative Code of Illinois
by this amendatory Act (i) is a denial of or limitation on
home rule powers if no denial or limitation existed under
prior law or (ii) creates a State mandate under the State
Mandates Act if no mandate existed under prior law.
Section 1-30. Titles; Articles; captions. The language
contained in the Titles, Article headings, and Section and
subsection captions in this Code:
(1) is intended only as a general description that is not
a part of the substantive provisions of this Code;
(2) does not take precedence over the content of the
substantive provisions of this Code; and
(3) shall not be used in construing the meaning of the
substantive provisions of this Code.
ARTICLE 5. AMENDATORY PROVISIONS
Section 5-5. The Civil Administrative Code of Illinois
is amended by changing and renumbering and, in part,
resectioning the Sections of the Code and by adding certain
Article headings and Sections to the Code as follows:
(20 ILCS 5/Art. 1 heading new)
ARTICLE 1. SHORT TITLE
AND GENERAL PROVISIONS
(20 ILCS 5/1-1 new)
(was 20 ILCS 5/1) (from Ch. 127, par. 1)
Sec. 1-1. Short title. 1. This Act may be cited as the
Civil Administrative Code of Illinois.
(Source: P.A. 86-1475.)
(20 ILCS 5/1-5 new)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. Short title and general provisions (20 ILCS
5/1-1 and following).
Article 5. Departments of State Government Law (20 ILCS
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 50/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS
205/).
Article 250. State Fair Grounds Title Law (5 ILCS 250/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services
Law (20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Community Affairs
Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS
1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2005. Department of Nuclear Safety Law (20 ILCS
2005/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Public Aid Law (20 ILCS
2205/).
Article 2310. Department of Public Health Powers and
Duties Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of
Functions and Duties Law (110 ILCS 355/).
(20 ILCS 5/Art. 5 heading new)
ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT
(20 ILCS 5/5-1 new)
Sec. 5-1. Article short title. This Article 5 of the
Civil Administrative Code of Illinois may be cited as the
Departments of State Government Law.
(20 ILCS 5/5-5 new)
(was 20 ILCS 5/2) (from Ch. 127, par. 2)
Sec. 5-5. "Department". 2. The word "department," As used
in the Civil Administrative Code of Illinois this Act shall,
unless the context otherwise clearly indicates, the word
"department" means mean the several departments of the State
government as designated in Section 5-15 3 of this Law Act,
and none other.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-10 new)
(was 20 ILCS 5/2.1)
Sec. 5-10. "Director". 2.1. As used in the Civil
Administrative this Code of Illinois, unless the context
clearly indicates otherwise, the word "director" means the
several directors of the departments of State government as
designated in Section 5-20 4 of this Law Code and includes
the Secretary of Human Services and the Secretary of
Transportation.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-15 new)
(was 20 ILCS 5/3) (from Ch. 127, par. 3)
Sec. 5-15. Departments of State government. 3. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Community Affairs.
The Department of Corrections.
The Department of Employment Security.
The Department of Financial Institutions.
The Department of Human Rights.
The Department of Human Services.
The Department of Insurance.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Nuclear Safety.
The Department of Professional Regulation.
The Department of Public Aid.
The Department of Public Health.
The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
The Department of Agriculture;
The Department of Labor;
The Department of Transportation;
The Department of Human Services;
The Department of Public Health;
The Department of Professional Regulation;
The Department of Natural Resources;
The Department of Insurance;
The Department of State Police;
The Department of Corrections;
The Department of Revenue;
The Department of Financial Institutions;
The Department of Public Aid;
The Department of Children and Family Services;
The Department of Commerce and Community Affairs;
The Department of Central Management Services;
The Department on Aging;
The Department of Veterans' Affairs;
The Department of Nuclear Safety;
The Department of Human Rights;
The Department of Employment Security;
The Department of the Lottery.
(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
(20 ILCS 5/5-20 new)
(was 20 ILCS 5/4) (from Ch. 127, par. 4)
Sec. 5-20. Heads of departments. 4. Each department
shall have an officer as its head who shall be known as
director or secretary and who shall, subject to the
provisions of the Civil Administrative Code of Illinois this
Act, execute the powers and discharge the duties vested by
law in his or her respective department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Community Affairs, for the
Department of Commerce and Community Affairs.
Director of Corrections, for the Department of
Corrections.
Director of Employment Security, for the Department of
Employment Security.
Director of Financial Institutions, for the Department of
Financial Institutions.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Director of Insurance, for the Department of Insurance.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Nuclear Safety, for the Department of Nuclear
Safety.
Director of Professional Regulation, for the Department
of Professional Regulation.
Director of Public Aid, for the Department of Public Aid.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
Director of Agriculture, for the Department of
Agriculture;
Director of Labor, for the Department of Labor;
Secretary of Transportation, for the Department of
Transportation;
Secretary of Human Services, for the Department of Human
Services;
Director of Public Health, for the Department of Public
Health;
Director of Professional Regulation, for the Department
of Professional Regulation;
Director of Natural Resources, for the Department of
Natural Resources;
Director of Insurance, for the Department of Insurance;
Director of State Police, for the Department of State
Police;
Director of Corrections, for the Department of
Corrections;
Director of Revenue, for the Department of Revenue;
Director of Financial Institutions, for the Department of
Financial Institutions;
Director of Children and Family Services, for the
Department of Children and Family Services;
Director of Public Aid, for the Department of Public Aid;
Director of Commerce and Community Affairs, for the
Department of Commerce and Community Affairs;
Director of Central Management Services, for the
Department of Central Management Services;
Director of Aging, for the Department on Aging;
Director of Veterans' Affairs, for the Department of
Veterans' Affairs;
Director of Human Rights, for the Department of Human
Rights;
Director of Nuclear Safety, for the Department of Nuclear
Safety;
Director of Employment Security, for the Department of
Employment Security;
Director of the Lottery, for the Department of the
Lottery.
(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.)
(20 ILCS 5/5-95 new)
(was 20 ILCS 5/34) (from Ch. 127, par. 34)
Sec. 5-95. Pending actions and proceedings. 34. Neither
the Civil Administrative Code of Illinois nor this Act or any
amendments to the Code thereto shall not affect any act done,
ratified, or confirmed, or any right accrued or established,
or any action or proceeding had or commenced in a civil or
criminal cause before the Code this Act or any amendments to
the Code take thereto takes effect. Those; but such actions
or proceedings may be prosecuted and continued by the
department having jurisdiction, under the Code this Act or
any amendments to the Code, thereto of the subject matter to
which the such litigation or proceeding pertains.
(Source: Laws 1925, p. 585.)
(20 ILCS 5/5-100 new)
(was 20 ILCS 5/5) (from Ch. 127, par. 5)
Sec. 5-100. Executive and administrative officers,
boards, and commissions. 5. In addition to the directors of
departments, the following executive and administrative
officers, boards, and commissions designated in the Sections
following this Section and preceding Section 5-200 are
created. These, which officers, boards, and commissions in
the respective departments shall hold offices created and
designated in those Sections 5.01 to 5.13j, each inclusive.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-105 new)
(was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14)
Sec. 5-105. Direction, supervision, and control of
officers. Each officer 5.14. The officers named in the
Sections following Section 5-100 and preceding Section 5-200
5.01 to 5.13j shall, except as otherwise provided in the
Civil Administrative Code of Illinois this Act, be under the
direction, supervision, and control of the director or
secretary of the officer's their respective department
departments and shall perform the such duties prescribed by
as the director or secretary shall prescribe.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-110 new)
(was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02)
Sec. 5-110. 5.02. In the Department of Agriculture.
Assistant Director of Agriculture.
(Source: P.A. 80-594.)
(20 ILCS 5/5-115 new)
(was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e)
Sec. 5-115. 5.13e. In the Department of Central
Management Services. Two Assistant Directors of Central
Management Services.
(Source: P.A. 82-789.)
(20 ILCS 5/5-120 new)
(was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g)
Sec. 5-120. 5.13g. In the Department of Commerce and
Community Affairs. Assistant Director of Commerce and
Community Affairs.
(Source: P.A. 81-1509.)
(20 ILCS 5/5-125 new)
(was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i)
Sec. 5-125. 5.13i. In the Department of Employment
Security. The board of review, which shall consist of 5 five
members, 2 two of whom shall be representative citizens
chosen from the employee class, 2 two of whom shall be
representative citizens chosen from the employing class, and
one of whom shall be a representative citizen not identified
with either the employing or employee classes.
(Source: P.A. 84-1240.)
(20 ILCS 5/5-130 new)
(was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b)
Sec. 5-130. 5.13b. In the Department of Financial
Institutions. Assistant Director of Financial Institutions.
(Source: Laws 1959, p. 2245.)
(20 ILCS 5/5-135 new)
(was 20 ILCS 5/5.13j)
Sec. 5-135. 5.13j. In the Department of Human Services.
There shall be 2 Assistant Secretaries of Human Services.
Their initial terms shall run from the date of appointment
until January 18, 1999, and until their successors have been
appointed and have qualified. Thereafter, their terms shall
be as provided in Section 5-605 12 of this Law Code.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-140 new)
(was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10)
Sec. 5-140. 5.10 In the Department of Insurance.
Assistant Director of Insurance.
(Source: Laws 1953, p. 82, 567, and 916.)
(20 ILCS 5/5-145 new)
(was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03)
Sec. 5-145. 5.03. In the Department of Labor. Assistant
Director of Labor; Chief Factory Inspector; and
Superintendent of Safety Inspection and Education.
(Source: P.A. 83-1503.)
(20 ILCS 5/5-150 new)
(was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09)
Sec. 5-150. 5.09. In the Department of Natural Resources.
Assistant Director of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-155 new)
(was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04)
Sec. 5-155. 5.04. In the Office of Mines and Minerals of
the Department of Natural Resources. In the Office of Mines
and Minerals of the Department of Natural Resources, there
shall be a State Mining Board, which shall consist of 6 six
officers designated as mine officers and the Director of the
Office of Mines and Minerals. Three officers shall be
representatives of the employing class and 3 of the employee
class. The 6 mine officers shall be qualified as follows:
(1) A. Two mine officers from the employing class
shall have at least 4 years experience in a supervisory
capacity in an underground coal mine and each shall hold
a certificate of competency as a mine examiner or mine
manager.
(2) B. The third mine officer from the employing
class shall have at least 4 years experience in a
supervisory capacity in a surface coal mine.
(3) C. Two mine officers from the employee class
shall have 4 years experience in an underground coal mine
and shall hold a first class certificate of competency.
(4) D. The third mine officer from the employee
class shall have at least 4 years experience in a surface
coal mine.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-160 new)
(was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h)
Sec. 5-160. 5.13h. In the Department of Nuclear Safety.
Assistant Director of Nuclear Safety.
(Source: P.A. 82-783.)
(20 ILCS 5/5-165 new)
(was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c)
Sec. 5-165. 5.13c. In the Department of Public Aid.
Assistant Director of Public Aid.
(Source: Laws 1963, p. 2055.)
(20 ILCS 5/5-170 new)
(was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07)
Sec. 5-170. 5.07. In the Department of Public Health.
Assistant Director of Public Health.
(Source: Laws 1953, p. 82, 567, and 916.)
(20 ILCS 5/5-175 new)
(was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12)
Sec. 5-175. 5.12. In the Department of Revenue. Assistant
Director of Revenue; and State Lottery Superintendent.
(Source: P.A. 83-1250.)
(20 ILCS 5/5-180 new)
(was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11)
Sec. 5-180. 5.11. In the Department of State Police.
Assistant Director of State Police.
(Source: P.A. 84-25.)
(20 ILCS 5/5-185 new)
(was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05)
Sec. 5-185. 5.05. In the Department of Transportation.
Assistant Secretary of Transportation.
(Source: P.A. 77-153.)
(20 ILCS 5/5-190 new)
(was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a)
Sec. 5-190. 5.01a. In the Department of Veterans'
Affairs. Assistant Director of Veterans' Affairs.
(Source: P.A. 79-376.)
(20 ILCS 5/5-200 new)
(was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11)
Sec. 5-200. 7.11. Director of Aging. The Director of
Aging shall be a senior citizen, as that such term is defined
in the "Illinois Act on the Aging", enacted by the
Seventy-eighth General Assembly, as now or hereafter amended,
who has sufficient experience in providing services to the
aging.
(Source: P.A. 78-242.)
(20 ILCS 5/5-210 new)
(was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08)
Sec. 5-210. 7.08. Director of Children and Family
Services. The Director of Children and Family Services shall
be qualified by professional education and experience to
administer the Department.
(Source: Laws 1963, p. 1055.)
(20 ILCS 5/5-215 new)
(was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06)
Sec. 5-215. Director and Assistant Director of Financial
Institutions. 7.06. The Director and Assistant Director of
Financial Institutions shall be persons thoroughly conversant
with the theory and practice of the business and purposes of
financial institutions.
(Source: Laws 1959, p. 2245.)
(20 ILCS 5/5-220 new)
(was 20 ILCS 5/7.07b)
Sec. 5-220. 7.07b. Secretary of Human Services. The
initial term of the Secretary of Human Services shall run
from the date of appointment until January 18, 1999, and
until a successor has been appointed and has qualified.
Thereafter, terms shall be as provided in Section 5-605 12 of
this Law Code.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-225 new)
(was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04)
Sec. 5-225. In the Department of Professional Regulation.
7.04. Neither the Director, nor any other executive and
administrative officer in the Department of Professional
Regulation shall be affiliated with any college or school
that which prepares individuals for licensure in any
profession or occupation regulated by the Department, either
as teacher, officer, or stockholder, nor shall the director
or other executive and administrative officer he hold a
license or certificate to exercise or practice any of the
professions, trades, or occupations regulated.
(Source: P.A. 85-225.)
(20 ILCS 5/5-230 new)
(was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09)
Sec. 5-230. 7.09. Director and Assistant Director of
Public Aid. The Director of Public Aid shall (1) have
substantial experience in responsible positions requiring
skill in administration and fiscal management, and (2) be
actively interested in the development of effective programs
for the alleviation of poverty and the reduction of
dependency and social maladjustment.
The Assistant Director of Public Aid shall have the same
general qualifications as those set forth for the Director of
Public Aid in clauses (1) and (2) of the preceding paragraph
above.
(Source: P.A. 81-1256.)
(20 ILCS 5/5-235 new)
(was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03)
Sec. 5-235. In the Department of Public Health. 7.03. The
Director of Public Health shall be a physician licensed to
practice medicine in all of its branches in Illinois.
The Assistant Director of Public Health shall be a person
who has administrative experience in public health work.
(Source: P.A. 87-633.)
(20 ILCS 5/5-300 new)
(was 20 ILCS 5/9) (from Ch. 127, par. 9)
Sec. 5-300. Officers' qualifications and salaries. 9. The
executive and administrative officers, whose offices are
created by this Act, must have the qualifications prescribed
by law and shall receive annual salaries, payable in equal
monthly installments, as designated in the Sections following
this Section and preceding Section 5-500 9.01 through 9.25.
(Source: P.A. 81-1516.)
(20 ILCS 5/5-305 new)
(was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01)
Sec. 5-305. Officers' tuition reimbursement. 9.01.
Officers may receive tuition reimbursement for continuing
education programs at accredited colleges and universities.
Reimbursement of a department head's tuition shall be limited
to reimbursement for 4 or fewer course hours per semester,
shall require the Governor's approval of enrollment with
certification that participation will benefit the State, and
shall require proof of satisfactory completion of the course
prior to reimbursement.
(Source: P.A. 84-500.)
(20 ILCS 5/5-310 new)
(was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
Sec. 5-310. 9.21. In the Department on of Aging. The
Director of Aging shall receive $35,200 from the third Monday
in January, 1979 to the third Monday in January, 1980;
$37,300 from the third Monday in January, 1980 to the third
Monday in January, 1981; $39,500 from the third Monday in
January, 1981 to the third Monday in January, 1982, and
$40,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-315 new)
(was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
Sec. 5-315. 9.02. In the Department of Agriculture. The
Director of Agriculture shall receive $38,500 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$40,800 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $43,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Agriculture shall receive
$33,000 from the third Monday in January, 1979 to the third
Monday in January, 1980; $34,900 from the third Monday in
January, 1980 to the third Monday in January, 1981 and
$37,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-320 new)
(was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
Sec. 5-320. 9.19. In the Department of Central
Management Services. The Director of Central Management
Services shall receive $52,000 annually, or an amount set by
the Compensation Review Board, whichever is greater.;
Each Assistant Director of Central Management Services
shall receive $40,000 annually, or an amount set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-325 new)
(was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
Sec. 5-325. 9.16. In the Department of Children and
Family Services. The Director of Children and Family
Services shall receive an annual salary of $76,991 or as set
by the Compensation Review Board, whichever is greater.
(Source: P.A. 87-1216.)
(20 ILCS 5/5-330 new)
(was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
Sec. 5-330. 9.18. In the Department of Commerce and
Community Affairs. The Director of Commerce and Community
Affairs shall receive $41,800 annually from the date of his
appointment to the third Monday in January, 1980; $44,300
from the third Monday in January, 1980 to the third Monday in
January, 1981; and $46,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Commerce and Community Affairs
shall receive $35,200 annually from the date of his
appointment to the third Monday in January, 1980; $37,300
from the third Monday in January, 1980 to the third Monday in
January, 1981, and $39,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-335 new)
(was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
Sec. 5-335. 9.11a. In the Department of Corrections. The
Director of Corrections shall receive an annual salary of
$85,000 or as set by the Compensation Review Board, whichever
is greater.
The Assistant Director of Corrections - Juvenile Division
shall receive $35,200 from the third Monday in January, 1979
to the third Monday in January, 1980; $37,300 from the third
Monday in January, 1980 to the third Monday in January, 1981,
and $39,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
The Assistant Director of Corrections - Adult Division
shall receive $35,200 from the third Monday in January, 1979
to the third Monday in January, 1980; $37,300 from the third
Monday in January, 1980 to the third Monday in January, 1981,
and $39,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 87-1216.)
(20 ILCS 5/5-340 new)
(was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
Sec. 5-340. 9.30. In the Department of Employment
Security. The Director of Employment Security shall receive
an annual salary of $53,500, or an amount set by the
Compensation Review Board, whichever is greater.
Each member of the Board of Review shall receive $15,000.
(Source: P.A. 84-26.)
(20 ILCS 5/5-345 new)
(was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
Sec. 5-345. 9.15. In the Department of Financial
Institutions. The Director of Financial Institutions shall
receive $38,500 from the third Monday in January, 1979 to the
third Monday in January, 1980; $40,800 from the third Monday
in January, 1980 to the third Monday in January, 1981, and
$43,000 thereafter or as set by the Compensation Review
Board, whichever is greater.;
The Assistant Director of Financial Institutions shall
receive $33,000 from the third Monday in January, 1979 to the
third Monday in January, 1980; $34,900 from the third Monday
in January, 1980 to the third Monday in January 1981, and
$37,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-350 new)
(was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
Sec. 5-350. In the Department of Human Rights. 9.24. The
Director of Human Rights shall receive $44,000 or as set by
the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-355 new)
(was 20 ILCS 5/9.05a)
Sec. 5-355. 9.05a. In the Department of Human Services.
The Secretary of Human Services shall receive an annual
salary equal to the salary payable to the Director of
Corrections under Section 5-335 9.11a of this Law Code, or
such other amount as may be set by the Compensation Review
Board.
The Assistant Secretaries of Human Services shall each
receive an annual salary equal to the salary payable to an
Assistant Director of Public Aid under Section 5-395 9.17 of
this Law Code, or such other amount as may be set by the
Compensation Review Board.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-360 new)
(was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
Sec. 5-360. 9.10. In the Department of Insurance. The
Director of Insurance shall receive $38,500 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$40,800 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $43,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Insurance shall receive $30,800
from the third Monday in January, 1979 to the third Monday in
January, 1980; $32,600 from the third Monday in January, 1980
to the third Monday in January, 1981; $34,600 from the third
Monday in January, 1981 to the third Monday in January, 1982,
and $36,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-365 new)
(was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
Sec. 5-365. 9.03. In the Department of Labor. The
Director of Labor shall receive $38,500 from the third Monday
in January, 1979 to the third Monday in January, 1980;
$40,800 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $43,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Labor shall receive $33,000
from the third Monday in January, 1979 to the third Monday in
January, 1980; $34,900 from the third Monday in January, 1980
to the third Monday in January, 1981, and $37,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.;
The Chief Factory Inspector shall receive $24,700 from
the third Monday in January, 1979 to the third Monday in
January, 1980, and $25,000 thereafter, or as set by the
Compensation Review Board, whichever is greater.;
The Superintendent of Safety Inspection and Education
shall receive $27,500, or as set by the Compensation Review
Board, whichever is greater.;
The Superintendent of Women's and Children's Employment
shall receive $22,000 from the third Monday in January, 1979
to the third Monday in January, 1980, and $22,500 thereafter,
or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 83-1177; 83-1503.)
(20 ILCS 5/5-370 new)
(was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
Sec. 5-370. 9.31. In the Department of the Lottery. The
Director of the Lottery shall receive an annual salary of
$39,000, or an amount set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 84-1438.)
(20 ILCS 5/5-375 new)
(was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
Sec. 5-375. 9.09. In the Department of Natural Resources.
The Director of Natural Resources shall continue to receive
the annual salary set by law for the Director of Conservation
until January 20, 1997. Beginning on that date, the Director
of Natural Resources shall receive an annual salary of
$40,000 or the amount set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Natural Resources shall
continue to receive the annual salary set by law for the
Assistant Director of Conservation until January 20, 1997.
Beginning on that date, the Assistant Director of Natural
Resources shall receive an annual salary of $33,000 or the
amount set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-380 new)
(was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04)
Sec. 5-380. 9.04. In the Office of Mines and Minerals of
the Department of Natural Resources. Each mine officer shall
receive $7,500 or the amount set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-385 new)
(was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
Sec. 5-385. 9.25. In the Department of Nuclear Safety.
The Director of Nuclear Safety shall receive $45,000 or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-390 new)
(was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
Sec. 5-390. 9.08. In the Department of Professional
Regulation. The Director of Professional Regulation shall
receive $35,200 from the third Monday in January, 1979 to the
third Monday in January, 1980; $37,300 from the third Monday
in January, 1980 to the third Monday in January, 1981 and
$44,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 85-225.)
(20 ILCS 5/5-395 new)
(was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
Sec. 5-395. 9.17. In the Department of Public Aid. The
Director of Public Aid shall receive $48,400 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$51,300 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $52,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Public Aid shall receive
$35,200 from the third Monday in January, 1979 to the third
Monday in January, 1980; $37,300 from the third Monday in
January, 1980 to the third Monday in January, 1981; $39,500
from the third Monday in January, 1981 to the third Monday in
January, 1982, and $40,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-400 new)
(was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
Sec. 5-400. 9.07. In the Department of Public Health. The
Director of Public Health shall receive $48,400 from the
third Monday in January, 1979 to the third Monday in January,
1980; $51,300 from the third Monday in January, 1980 to the
third Monday in January, 1981, and $52,000 thereafter or as
set by the Compensation Review Board, whichever is greater.;
The Assistant Director of Public Health shall receive
$35,200 from the third Monday in January, 1979 to the third
Monday in January, 1980; $37,300 from the third Monday in
January, 1980 to the third Monday in January, 1981; $39,500
from the third Monday in January, 1981 to the third Monday in
January, 1982, and $40,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-405 new)
(was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
Sec. 5-405. 9.12. In the Department of Revenue. The
Director of Revenue shall receive $41,800 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$44,300 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $46,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of Revenue shall receive $35,200
from the third Monday in January, 1979 to the third Monday in
January, 1980; $37,300 from the third Monday in January, 1980
to the third Monday in January, 1981, and $39,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.
Beginning July 1, 1990, the annual salary of the Taxpayer
Ombudsman shall be the greater of an amount set by the
Compensation Review Board or $69,000, adjusted each July 1
thereafter by a percentage increase equivalent to that of the
"Employment Cost Index, Wages and Salaries, By Occupation and
Industry Groups: State and Local Government Workers: Public
Administration" as published by the Bureau of Labor
Statistics of the U.S. Department of Labor for the calendar
year immediately preceding the year of the respective July
1st increase date, the such increase to be no less than zero
nor greater than 5% five percent and to be added to the then
current annual salary.
(Source: P.A. 86-1338)
(20 ILCS 5/5-410 new)
(was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
Sec. 5-410. 9.11. In the Department of State Police. The
Director of State Police shall receive $41,800 from the third
Monday in January, 1979 to the third Monday in January, 1980;
$44,300 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $46,000 thereafter or as set by
the Compensation Review Board, whichever is greater.;
The Assistant Director of State Police shall receive
$35,200 from the third Monday in January, 1979 to the third
Monday in January, 1980; $37,300 from the third Monday in
January, 1980 to the third Monday in January, 1981, and
$39,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 84-25; 84-832.)
(20 ILCS 5/5-415 new)
(was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
Sec. 5-415. 9.05. In the Department of Transportation.
The Secretary of Transportation shall receive $48,400 from
the third Monday in January, 1979 to the third Monday in
January, 1980; $51,300 from the third Monday in January, 1980
to the third Monday in January, 1981, and $52,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.;
The Assistant Secretary of Transportation shall receive
$38,500 from the third Monday in January, 1979 to the third
Monday in January, 1980; $40,800 from the third Monday in
January, 1980 to the third Monday in January, 1981, and
$43,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-420 new)
(was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
Sec. 5-420. In the Department of Veterans' Affairs. 9.22.
The Director of Veterans' Affairs shall receive $38,500 from
the third Monday in January, 1979 to the third Monday in
January, 1980; $40,800 from the third Monday in January, 1980
to the third Monday in January, 1981, and $43,000 thereafter
or as set by the Compensation Review Board, whichever is
greater.
The Assistant Director of Veterans' Affairs shall receive
$33,000 from the third Monday in January, 1979 to the third
Monday in January, 1980; $34,900 from the third Monday in
January, 1980 to the third Monday in January, 1981, and
$37,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/5-500 new)
(was 20 ILCS 5/6) (from Ch. 127, par. 6)
Sec. 5-500. Advisory and non-executive boards. 6.
Advisory and non-executive boards, in the respective
departments, are created as designated in the Sections
following this Section and preceding Section 5-600 6.01
through 6.27. The members of the such boards shall be
officers.
(Source: P.A. 76-1158.)
(20 ILCS 5/5-505 new)
(was 20 ILCS 5/8) (from Ch. 127, par. 8)
Sec. 5-505. Boards' general powers and duties. 8. Each
advisory and non-executive board, except as otherwise
expressly provided in this Act, and in addition to all powers
and duties otherwise expressly provided, shall, with respect
to its field of work, or that of the department with which it
is associated, have the following powers and duties:
(1) 1. To consider and study the entire field; to
advise the executive officers of the department upon
their request; to recommend, on its own initiative,
policies and practices, which recommendations the
executive officers of the department shall duly
consider;, and to give advice or make recommendations to
the Governor and the General Assembly when so requested,
or on its own initiative.;
(2) 2. To investigate the conduct of the work of
the department with which it may be associated, and for
this purpose to have access, at any time, to all books,
papers, documents, and records pertaining or belonging to
that department thereto, and to require written or oral
information from any officer or employee of that
department. thereof;
(3) 3. To adopt rules, not inconsistent with law,
for its internal control and management., A copy of the
which rules shall be filed with the director of the
department with which the such board is associated.;
(4) 4. To hold meetings at the such times and
places as may be prescribed by the rules but, not less
frequently, however, than quarterly.;
(5) 5. To act by a sub-committee, or by a majority
of the board, if the rules so prescribe.;
(6) 6. To keep minutes of the transactions of each
session, regular or special, which shall be public
records and filed with the director of the department.;
(7) 7. To give notice to the Governor and to the
director of the department with which it is associated of
the time and place of every meeting, regular or special,
and to permit the Governor and the director of the
department to be present and to be heard upon any matter
coming before the such board.
(Source: Laws 1955, p. 2222.)
(20 ILCS 5/5-510 new)
(was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1)
Sec. 5-510. Gender balanced appointments. 8.1. All
appointments to boards, commissions, committees, and councils
of the State created by the laws of this State and after July
1, 1992 the effective date of this Section shall be gender
balanced to the extent possible and to the extent that
appointees are qualified to serve on those boards,
commissions, committees, and councils. If gender balance is
not possible, then appointments shall provide for significant
representation of both sexes to boards, commissions,
committees, and councils governed by this Section and the
Gender Balanced Appointments Act. If there are multiple
appointing authorities for a board, commission, committee, or
council, they shall each strive to achieve gender balance in
their appointments.
Appointments made in accordance with this Section should
be made in a manner that makes a good faith attempt to seek
gender balance based on the numbers of each gender belonging
to the group from which appointments are made.
(Source: P.A. 87-797.)
(20 ILCS 5/5-515 new)
(was 20 ILCS 5/10) (from Ch. 127, par. 10)
Sec. 5-515. Compensation prohibited. 10. No member of an
advisory and non-executive board shall receive any
compensation.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-520 new)
(was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27)
Sec. 5-520. 6.27. In the Department on Aging. A Council
on Aging and a Coordinating Committee of State Agencies
Serving Older Persons composed and appointed as provided in
the Illinois Act on the Aging.
(Source: P.A. 89-249, eff. 8-4-95.)
(20 ILCS 5/5-525 new)
(was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
Sec. 5-525. 6.01. In the Department of Agriculture.
(a) A Board of Agricultural Advisors composed of 17
persons engaged in agricultural industries, including
representatives of the agricultural press and of the State
Agricultural Experiment Station.
(b) An Advisory Board of Livestock Commissioners to
consist of 24 persons. The Board shall consist of the
administrator of animal disease programs, the Dean of the
College of Agriculture of the University of Illinois, the
Dean of the College of Veterinary Medicine of the University
of Illinois, and commencing on January 1, 1990 the Deans or
Chairmen of the Colleges or Departments of Agriculture of
Illinois State University, Southern Illinois University, and
Western Illinois University in that order who shall each
serve for 1 year terms, provided that commencing on January
1, 1993 such terms shall be for 2 years in the same order,
the Director of Public Health, the chairman of the
Agriculture, Conservation and Energy Committee of the Senate,
and the chairman of the Committee on Agriculture of the House
of Representatives, who shall ex-officio be members of the
Board, thereof and 17 additional persons interested in the
prevention, elimination and control of diseases of domestic
animals and poultry who shall be appointed by the Governor to
serve at the Governor's his pleasure. An appointed member's
office becomes vacant upon the member's his absence from 3
consecutive meetings. Of the 17 such additional persons, one
shall be a representative of breeders of beef cattle, one
shall be a representative of breeders of dairy cattle, one
shall be a representative of breeders of dual purpose cattle,
one shall be a representative of breeders of swine, one shall
be a representative of poultry breeders, one shall be a
representative of sheep breeders, one shall be a veterinarian
licensed in this State, one shall be a representative of
general or diversified farming, one shall be a representative
of the public stockyards, one shall be a representative of
livestock auction markets, one shall be a representative of
cattle feeders, one shall be a representative of pork
producers, one shall be a representative of the State
licensed meat packers, one shall be a representative of
canine breeders, one shall be a representative of equine
breeders, one shall be a representative of the Illinois
licensed renderers, and one shall be a representative of
livestock dealers. The members shall receive no compensation
but shall be reimbursed for expenses necessarily incurred in
the performance of their duties. In the appointment of the
such Advisory Board of Livestock Commissioners, the Governor
shall consult with representative persons and recognized
organizations in the respective fields concerning the such
appointments.
Rules and regulations of the Department of Agriculture
pertaining to the prevention, elimination, and control of
diseases of domestic animals and poultry shall be submitted
to the Advisory Board of Livestock Commissioners for approval
at its duly called meeting. The chairman of the Board shall
certify the official minutes of the Board's action and shall
file the certified minutes with the Department of Agriculture
within 30 days after the proposed rules and regulations are
submitted and before they are promulgated and made effective.
If the Board fails to take action within 30 days this
limitation shall not apply and the such rules and regulations
may be promulgated and made effective. In the event it is
deemed desirable, the Board may hold hearings upon the such
rules and regulations or proposed revisions. The Board
members shall be familiar with the Acts relating to the
prevention, elimination, and control of diseases among
domestic animals and poultry. The Department shall, upon the
request of a Board member, advise the with such Board
concerning the administration of the respective Acts.
The Director of Agriculture or his representative from
the Department shall act as chairman of the Board. The
Director shall call meetings of the Board thereof from time
to time or when requested by 3 or more appointed members of
the Board. A quorum of appointed members must be present to
convene an official meeting. The chairman and ex-officio
members shall not be included in a quorum call. Ex-officio
members may be represented by a duly authorized
representative from their department, division, college, or
committee. Appointed members shall not be represented at a
meeting by another person. Ex-officio members and appointed
members shall have the right to vote on all proposed rules
and regulations; voting that in effect would pertain to
approving rules and regulations shall be taken by an oral
roll call. No member shall vote by proxy. The chairman shall
not vote except in the case of a tie vote. Any member
ex-officio or appointed member may ask for and shall receive
an oral roll call on any motion before the Board. The
Department shall provide a clerk to take minutes of the
meetings and record transactions of the Board. The Board, by
oral roll call, may require an official court reporter to
record the minutes of the meetings.
(Source: P.A. 86-232.)
(20 ILCS 5/5-530 new)
(was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a)
Sec. 5-530. 6.01a. In the Department of Agriculture and
in cooperation with the Department of Commerce and Community
Affairs. An Agricultural Export Advisory Committee composed
of the following: 2 members of the House of Representatives,
to be appointed by the Speaker of the House of
Representatives thereof; 2 members of the Senate, to be
appointed by the President of the Senate; the Director of
Agriculture, who shall serve as Secretary of the Committee;
and not more than 15 members to be appointed by the Governor.
The members of the committee shall receive no compensation,
but shall be reimbursed for expenses necessarily incurred in
the performance of their duties under this Act.
(Source: P.A. 81-1509.)
(20 ILCS 5/5-535 new)
(was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15)
Sec. 5-535. 6.15. In the Department of Children and
Family Services. A Children and Family Services Advisory
Council of 17 members, one of whom shall be a senior citizen
age 60 or over, appointed by the Governor. The Such Council
shall advise the Department with respect to services and
programs for children, and for adults under its care. In
appointing the first Council, 8 members shall be named to
serve 2 years, and 8 members named to serve 4 years. The
member first appointed under Public this amendatory Act
83-1538 of 1984 shall serve for a term of 4 years. All
members appointed thereafter shall be appointed for terms of
4 years. At its first meeting the Council shall select a
chairman from among its members and appoint a committee to
draft rules of procedure.
(Source: P.A. 83-1538.)
(20 ILCS 5/5-540 new)
(was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, pars. 6.28
and 7.01)
Sec. 5-540. 6.28. In the Department of Employment
Security. An Employment Security Advisory Board, composed of
9 persons. Sec. 7.01. Employment Security Advisory Board;
members. Of the 9 members of the Employment Security
Advisory Board, 3 members shall be representative citizens
chosen from the employee class, 3 members shall be
representative citizens chosen from the employing class, and
3 members shall be representative citizens not identified
with either the employing class or the employee class
classes.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 5/5-545 new)
(was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04)
Sec. 5-545. 6.04. In the Department of Human Services.
A Psychiatric Advisory Council appointed by and at the
discretion of the Secretary of Human Services, consisting of
representatives from the several schools and institutes in
Illinois conducting programs of psychiatric training, which
shall advise the Department with respect to its policies and
programs relating to mental health or developmental
disabilities. The members shall serve for the such terms
that as the Secretary shall designate.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-550 new)
(was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
Sec. 5-550. 6.23. In the Department of Human Services.
A State Rehabilitation Advisory Council, hereinafter referred
to as the Council, is hereby established for the purpose of
advising the Secretary and the vocational rehabilitation
administrator of the provisions of the federal Rehabilitation
Act of 1973 and the Americans with Disabilities Act of 1990
in matters concerning individuals with disabilities and the
provision of rehabilitation services. The Council shall
consist of 23 members appointed by the Governor after
soliciting recommendations from representatives of
organizations representing a broad range of individuals with
disabilities and organizations interested in individuals with
disabilities. The Governor shall appoint to this Council the
following:
(1) One representative of a parent training center
established in accordance with the federal Individuals
with Disabilities Education Act.
(2) One representative of the client assistance
program.
(3) One vocational rehabilitation counselor who has
knowledge of and experience with vocational
rehabilitation programs. (If an employee of the
Department is appointed, that appointee shall serve as an
ex officio, nonvoting member.)
(4) One representative of community rehabilitation
program service providers.
(5) Four representatives of business, industry, and
labor.
(6) Eight representatives of disability advocacy
groups representing a cross section of the following:
(A) individuals with physical, cognitive,
sensory, and mental disabilities; and
(B) parents, family members, guardians,
advocates, or authorized representative of
individuals with disabilities who have difficulty in
representing themselves or who are unable, due to
their disabilities, to represent themselves.
(7) One current or former applicant for, or
recipient of, vocational rehabilitation services.
(8) Three representatives from secondary or higher
education.
The chairperson of, or a member designated by, the Statewide
Independent Living Council created under Section 12a of the
Disabled Persons Rehabilitation Act, the chairperson of the
Blind Services Planning Council created under the Bureau for
the Blind Act, and the vocational rehabilitation
administrator shall serve as ex officio members.
The Council shall select a Chairperson.
The Chairperson and at least 11 other members of the
Council shall have a recognized disability. One member shall
be a senior citizen age 60 or over. A majority of the
Council members shall not be employees of the Department of
Human Services. Current members of the Rehabilitation
Services Advisory Council shall serve until members of the
newly created Council are appointed.
The terms of all members appointed before the effective
date of Public this amendatory Act 88-10 of 1993 shall expire
on July 1, 1993. The members first appointed under Public
this amendatory Act 88-10 of 1993 shall be appointed to serve
for staggered terms beginning July 1, 1993, as follows: 7
members shall be appointed for terms of 3 years, 7 members
shall be appointed for terms of 2 years, and 6 members shall
be appointed for terms of one year. Thereafter, all
appointments shall be for terms of 3 years. Vacancies shall
be filled for the unexpired term. Members shall serve until
their successors are appointed and qualified. No member
shall serve for more than 2 full terms.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council.
The Council shall meet at least 4 times per year at times
and places designated by the Chairman upon 10 days written
notice to the members. Special meetings may be called by the
Chairperson or 7 members of the Council upon 7 days written
notice to the other members. Nine members shall constitute a
quorum. No member of the Council shall cast a vote on any
matter that would provide direct financial benefit to the
member or otherwise give the appearance of a conflict of
interest under Illinois law.
The Council shall prepare and submit to the vocational
rehabilitation administrator the such reports and findings
that the vocational rehabilitation administrator as he may
request or that as the Council deems fit. The Council shall
select jointly with the vocational rehabilitation
administrator a pool of qualified persons to serve as
impartial hearing officers.
To the extent that there is a disagreement between the
Council and the unit within the Department of Human Services
responsible for the administration of the vocational
rehabilitation program, regarding the resources necessary to
carry out the functions of the Council as set forth in this
Section, the disagreement shall be resolved by the Governor.
(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
(20 ILCS 5/5-555 new)
(was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02)
Sec. 5-555. 6.02. In the Department of Labor. An Advisory
Board to the Department of Labor, composed of 13 members,
including 5 representatives of employees, 5 representatives
of employers, and 3 public members. Members' terms shall will
be for 2 years with appointments staggered to ensure assure
continuity in performance of the responsibilities of the
Board. The Board shall give notice to the Governor and the
Director of Labor of the time and place of every meeting,
regular or special, and shall permit the Governor and the
Director to be present and to be heard upon any matter coming
before the Board.
(Source: P.A. 86-544.)
(20 ILCS 5/5-560 new)
(was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
Sec. 5-560. 6.08. In the Department of Natural Resources.
An Advisory Board to the Department of Natural Resources,
composed of 11 persons, one of whom shall be a senior citizen
age 60 or over.
In the appointment of the initial members the Governor
shall designate 3 persons to serve for 2 years, 3 for 4
years, and 3 for 6 years from the third Monday in January of
the odd-numbered year in which the term commences. The
members first appointed under this amendatory Act of 1984
shall serve a term of 6 years commencing on the third Monday
in January, 1985.
The Advisory Board shall formulate long range policies
for guidance of the Department in: the protection and
conservation of renewable resources of the State of Illinois;
the development of areas and facilities for outdoor
recreation; the prevention of timber destruction and other
forest growth by fire, or otherwise; the reforestation of
suitable lands of this State; the extension of cooperative
support to other agencies of this State in preventing the
prevention and guarding against the pollution of streams and
lakes within the State; the management of the wildlife
resources, including migratory fowl, and fisheries resources,
including the construction of new water impoundment areas;
the development of an adequate research program for fish,
game, and forestry through cooperation with and support of
the Illinois Natural History Survey; and the expressing of
policies for proper dissemination of and enforcement of the
various laws pertinent to the conservation program of
Illinois and the nation.
The Board shall make a study of the personnel structure
of the Department and shall, from time to time, make
recommendations to the Governor and the Director of Natural
Resources for a merit system of employment and for the
revision of the position classification to the extent which
Civil Service classification should apply in departmental
positions.
The Board shall make studies of the land acquisition
needs of the Department and recommendations from time to time
as to necessary acquisition of lands for fisheries, game,
forestry, and recreational development.
The Board may recommend to the Director of Natural
Resources any reductions or increases of seasons, and bag or
possession limits, or the closure of any season when research
and inventory data indicate the need for those such changes.
Such Board members shall be reimbursed for any necessary
travel expenses incurred in the performance of their duties.
(Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
(20 ILCS 5/5-565 new)
(was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
Sec. 5-565. 6.06. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are
entitled to lead healthy lives. Governmental public health
has a specific responsibility to ensure that a system is in
place to allow the public health mission to be achieved. To
develop a system requires certain core functions to be
performed by government. The State Board of Health is to
assume the leadership role in advising the Director in
meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 17
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by
the Governor on and after June 30, the effective date of this
amendatory Act of 1998, and one of whom shall be a senior
citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and 2 who are engaged in
private practice. One member shall be a dentist; one an
environmental health practitioner; one a local public health
administrator; one a local board of health member; one a
registered nurse; one a veterinarian; one a public health
academician; one a health care industry representative; and 4
shall be citizens at large.
In the appointment of the first Board of Health members
appointed after September 19, 1991 (the effective date of
Public this amendatory Act 87-633) of 1991, the Governor
shall appoint 5 members to serve for terms of 5 years; 5
members to serve for terms of 2 years; and 5 members to serve
for a term of one year. Members appointed thereafter shall be
appointed for terms of 3 years, except that when where an
appointment is made to fill a vacancy, in which case the
appointment shall be for the remaining term of the position
vacated. The initial terms for the 2 additional members of
the board who are citizens at large appointed under Public
Act 90-607 this amendatory Act of 1998 shall be for 3 years
each, with these positions thereafter being filled as with
other members appointed by the Governor. All members shall be
legal residents of the State of Illinois. The duties of the
Board shall include, but not be limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of,
the Department of Public Health or its Director for the
purpose of recommending to the Director one or more of
the following:
(i) The elimination of bodies whose activities
are not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose
activities encompass compatible programmatic
subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the
Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director
for public health emergencies and control of health
hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the
Director.
(5) To present public health issues to the Director
and to make recommendations for the resolution of those
issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through
the Director regarding the coordination of State public
health activities with other State and local public
health agencies and organizations.
(8) To report on or before February 1 of each year
on the health of the residents of Illinois to the
Governor, the General Assembly, and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or preemptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time
period, of the Department after September 19, 1991 (the
effective date of Public this amendatory Act 87-633) of
1991. The Board shall review the proposed rules within
90 days of submission by the Department. The Department
shall take into consideration any comments and
recommendations of the Board regarding the proposed rules
prior to submission to the Secretary of State for initial
publication. If the Department disagrees with the
recommendations of the Board, it shall submit a written
response outlining the reasons for not accepting the
recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout
the State. At the conclusion of the hearings, the State
Board of Health shall issue a report, including its
recommendations, to the Director. The Director shall
take into consideration any comments or recommendations
made by the Board based on these hearings.
(10) To make recommendations to the Governor
through the Director concerning the development and
periodic updating of Statewide health objectives
encompassing, in part, the periodically published federal
health objectives for the nation, which will provide the
basis for the policy development and assurance roles of
the State Health Department, and to make recommendations
to the Governor through the Director regarding
legislation and funding necessary to implement the
objectives.
(11) Upon the request of the Governor, to recommend
to the Governor candidates for Director of Public Health
when vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
Upon appointment, the Board shall elect a chairperson
from among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000
per year, as designated by the Director for each day required
for transacting the business of the Board, and shall be
reimbursed for necessary expenses incurred in the performance
of their duties. The Board shall meet from time to time at
the call of the Department, at the call of the chairperson,
or upon the request of 3 of its members, but shall not meet
less than 4 times per year.
(b) An Advisory Board of Cancer Control which shall
consist of 9 members, one of whom shall be a senior citizen
age 60 or over, appointed by the Governor, one of whom shall
be designated as chairman by a majority of the members of the
Board. No less than 4 members shall be recognized authorities
in cancer control, and at least 4 members shall be physicians
licensed to practice medicine in all of its branches in the
State of Illinois. In the appointment of the first board the
Governor shall appoint 2 members to serve for terms of 1
year, 2 for terms of 2 years, and 3 for terms of 3 years. The
members first appointed under Public this amendatory Act
83-1538 of 1984 shall serve for a term of 3 years. All
members appointed, thereafter shall be appointed for terms of
3 years, except that when where an appointment is made to
fill a vacancy, in which case the appointment shall be for
the remaining term of the position vacant. The members of the
Board shall be citizens of the State of Illinois. In the
appointment of the Advisory Board the Governor shall invite
nominations from recognized medical organizations of this
State. The Board is authorized to receive voluntary
contributions from any source, and to expend the
contributions same for the purpose of cancer control as
authorized by this Act, and the laws of this State.
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor
shall appoint 3 members to serve for terms of 1 year, 3 for
terms of 2 years, and 3 for terms of 3 years. The members
first appointed under Public this amendatory Act 83-1538 of
1984 shall serve for a term of 3 years. All members
appointed thereafter shall be appointed for terms of 3 years,
except that when where an appointment is made to fill a
vacancy, in which case the appointment shall be for the
remaining term of the position vacant. The members of the
Board shall be citizens of the State of Illinois. In the
appointment of members of the Advisory Board the Governor
shall appoint 3 members who shall be persons licensed to
practice medicine and surgery in the State of Illinois, at
least 2 of whom shall have received post-graduate training in
the field of pathology; 3 members who are duly elected
coroners in this State; and 5 members who shall have interest
and abilities in the field of forensic medicine but who shall
be neither persons licensed to practice any branch of
medicine in this State nor coroners. In the appointment of
medical and coroner members of the Board, the Governor shall
invite nominations from recognized medical and coroners
organizations in this State respectively. Board members,
while serving on business of the Board, shall receive actual
necessary travel and subsistence expenses while so serving
away from their places of residence.
(Source: P.A. 90-607, eff. 6-30-98.)
(20 ILCS 5/5-570 new)
(was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars.
6.02a and 7.04a)
Sec. 5-570. 6.02a. In the Department of Transportation.
A Board of Aeronautical Advisors, composed of 9 persons.
Sec. 7.04a. The Board of Aeronautical Advisors shall
include among its members at least one person who is
interested in air commerce, at least one person who is
interested in noncommercial private flying, at least one
person who is interested in the operation or management of
airports, and at least one person who is interested in the
conducting of schools that which have a comprehensive
curriculum for instruction of persons desiring to learn how
to operate, repair, or maintain aircraft. The Secretary of
Transportation shall be a member and chairman of the Board of
Aeronautical Advisors. The head of the Division of
Aeronautics shall be a member and vice-chairman of the Board.
(Source: P.A. 85-1033.)
(20 ILCS 5/5-600 new)
(was 20 ILCS 5/11) (from Ch. 127, par. 11)
Sec. 5-600. Officer's performance of duties. 11. Each
officer provided for by the Civil Administrative Code of
Illinois this Act shall perform the such duties that are as
may be prescribed by law for the officer's his position and
to the best of the officer's his ability shall render
faithful and efficient service in the performance of those
his duties, to the end that the public interest and welfare
may be furthered.
(Source: Laws 1927, p. 844.)
(20 ILCS 5/5-605 new)
(was 20 ILCS 5/12) (from Ch. 127, par. 12)
Sec. 5-605. Appointment of officers. 12. Each officer
whose office is created by the Civil Administrative Code of
Illinois this Act, or by any amendment to the Code thereto,
shall be appointed by the Governor, by and with the advice
and consent of the Senate. In case of vacancies in those
such offices during the recess of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when the Governor he shall nominate some person
to fill the such office, and any person so nominated, who is
confirmed by the Senate, shall hold his office during the
remainder of the term and until his or her successor is shall
be appointed and qualified. If the Senate is not in session
at the time the Code this Act, or any amendments to the Code
thereto, take effect, the Governor shall make a temporary
appointment as in the case of a vacancy.
During the absence or inability to act of the director of
any department, or of the Secretary of Human Services or the
Secretary of Transportation, or in case of a vacancy in any
such office until a successor is appointed and qualified, the
Governor may designate some person as acting director or
acting secretary to execute the powers and discharge the
duties vested by law in that director or secretary.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/5-610 new)
(was 20 ILCS 5/13) (from Ch. 127, par. 13)
Sec. 5-610. Term of office. 13. Each officer whose office
is created by the Civil Administrative Code of Illinois this
Act, except as otherwise specifically provided for in the
Code this Act, shall hold office for a term of 2 years from
the third Monday in January of each odd-numbered year and
until the officer's his successor is appointed and qualified.
Where the provisions of the Code this Act require General
Assembly members to be included in the membership of any
advisory and nonexecutive board, the General Assembly members
shall serve such terms or until termination of their
legislative service, whichever first occurs.
(Source: P.A. 83-1250.)
(20 ILCS 5/5-615 new)
(was 20 ILCS 5/14) (from Ch. 127, par. 14)
Sec. 5-615. Officer's oath. 14. Each officer whose office
is created by the Civil Administrative Code of Illinois this
Act, or by any amendments to the Code thereto, shall, before
entering upon the discharge of the duties of the his office,
qualify for the office by taking and subscribing the
constitutional oath of office and filing the signed oath in
the office of the Secretary of State.
(Source: P.A. 79-1348.)
(20 ILCS 5/5-620 new)
(was 20 ILCS 5/15) (from Ch. 127, par. 15)
Sec. 5-620. 15. Bond. Each executive and administrative
officer whose office is created by the Civil Administrative
Code of Illinois this Act, or by any amendments to the Code
thereto, shall give bond before entering upon the discharge
of the duties of his or her office by inclusion in the
blanket bond or bonds or self-insurance program provided for
in Sections 14.1 and 14.2 of the Official Bond Act.
All official bonds required to be executed and filed
under this Section are subject to the requirements of the
Official Bond Act.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 5/5-625 new)
(was 20 ILCS 5/16) (from Ch. 127, par. 16)
Sec. 5-625. Department regulations. 16. The director of
each department (see Section 5-10 of this Law for the
definition of "director") and the Secretary of the Department
of Transportation is empowered to prescribe regulations, not
inconsistent with law, for the government of the director's
his department, the conduct of the department's its employees
and clerks, the distribution and performance of the
department's its business, and the custody, use, and
preservation of the records, papers, books, documents, and
property pertaining to the department thereto.
(Source: P.A. 77-153.)
(20 ILCS 5/5-630 new)
(was 20 ILCS 5/17) (from Ch. 127, par. 17)
Sec. 5-630. Department offices. 17. Each department shall
maintain a central office in the Capitol Building, Centennial
Building, or State Office Building at Springfield, in rooms
provided by the Secretary of State, or in the Armory Building
at Springfield, in rooms provided by the Department of
Central Management Services, excepting the Department of
Agriculture, which shall maintain a central office at the
State fair grounds at Springfield, and the Department of
Transportation, which shall also maintain a Division of
Aeronautics at Capital Airport. The director of each
department (see Section 5-10 of this Law for the definition
of "director") and the Secretary of Transportation, may, in
the director's his discretion and with the approval of the
Governor, establish and maintain, at places other than the
seat of government, branch offices for the conduct of any one
or more functions of the director's his department.
(Source: P.A. 82-789.)
(20 ILCS 5/5-635 new)
(was 20 ILCS 5/18) (from Ch. 127, par. 18)
Sec. 5-635. Department office hours. 18. Each department
shall be open for the transaction of public business at least
from 8:30 eight-thirty o'clock in the morning until 5:00 five
o'clock in the evening of each day except Saturdays, Sundays,
and days that may hereafter be declared by the Governor to be
holidays for State employees.
(Source: Laws 1965, p. 542.)
(20 ILCS 5/5-640 new)
(was 20 ILCS 5/19) (from Ch. 127, par. 19)
Sec. 5-640. Department seal. 19. Each department shall
adopt and keep an official seal.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-645 new)
(was 20 ILCS 5/20) (from Ch. 127, par. 20)
Sec. 5-645. Department employees. 20. Each department may
obtain necessary employees and, if the rate of compensation
is not otherwise fixed by law, may fix their compensation
subject to the "Personnel Code", approved July 18, 1955, as
amended.
(Source: Laws 1967, p. 4068.)
(20 ILCS 5/5-650 new)
(was 20 ILCS 5/25) (from Ch. 127, par. 25)
Sec. 5-650. Department reports. 25. The Governor may
require from each director of a department (see Section 5-10
of this Law for the definition of "director") and the
Secretary of Transportation, a report in writing concerning
the condition, management, and financial transactions of the
director's department their respective departments. In
addition to those such reports, each director of a department
and the Secretary of the Department of Transportation, shall
make the semi-annual and biennial reports provided by the
Constitution.
(Source: P.A. 82-905.)
(20 ILCS 5/5-655 new)
(was 20 ILCS 5/26) (from Ch. 127, par. 26)
Sec. 5-655. Cooperation by directors. 26. The directors
of departments (see Section 5-10 of this Law for the
definition of "director") shall devise a practical and
working basis for co-operation and co-ordination of work,
eliminating duplication and overlapping of functions. They
shall, so far as practicable, co-operate with each other in
the employment of services and the use of quarters and
equipment. The director of any department may empower or
require an employee employe of another department, subject to
the consent of the superior officer of the employee employe,
to perform any duty that the director which he might require
of his or her own subordinates.
The directors of departments may co-operate in the
investigation of any licensed health care professional or may
jointly investigate such a person and may share the results
of any cooperative, joint, or independent investigation of
such a person.
(Source: P.A. 84-1252.)
(20 ILCS 5/5-660 new)
(was 20 ILCS 5/31) (from Ch. 127, par. 31)
Sec. 5-660. Power to inspect and secure data or
information 31. Whenever in the Civil Administrative Code of
Illinois this Act power is vested in a department to inspect,
examine, or secure data or information, or to procure
assistance from another department, a duty is hereby imposed
upon the department upon which demand is made, to make that
such power effective.
(Source: Laws 1917, p. 2.)
(20 ILCS 5/5-675 new)
(was 20 ILCS 5/51) (from Ch. 127, par. 51)
Sec. 5-675. 51. Acquisition of land. The Secretary of
Transportation and the Director of Natural Resources are
respectively authorized, with the consent in writing of the
Governor, to acquire by private purchase, or by condemnation
in the manner provided for the exercise of the power of
eminent domain under Article VII of the Code of Civil
Procedure, any and all lands, buildings, and grounds for
which an appropriation may be made by the General Assembly,
to their respective departments. To the extent necessary to
comply with the federal "Uniform Relocation Assistance and
Real Property Acquisition Policies Act", Public Law 91-646,
as amended, the Department of Transportation and the
Department of Natural Resources, respectively, are authorized
to operate a relocation program and to pay relocation costs.
The departments are authorized to exceed the maximum payment
limits of the federal "Uniform Relocation Assistance and Real
Property Acquisition Policies Act" when necessary to ensure
the provision of decent, safe, or sanitary housing, or to
secure a suitable relocation site.
The Director of Central Management Services is
authorized, with the consent in writing of the Governor, to
acquire by private purchase, or by condemnation in the manner
provided for the exercise of the power of eminent domain
under Article VII of the Code of Civil Procedure, all other
lands, buildings, and grounds for which an appropriation may
be made by the General Assembly. To the extent necessary to
comply with the federal "Uniform Relocation Assistance and
Real Property Acquisition Policies Act", Public Law 91-646,
as amended, the Department of Central Management Services is
authorized to operate a relocation program and to pay
relocation costs. The Department is authorized to exceed the
maximum payment limits of the federal "Uniform Relocation
Assistance and Real Property Acquisition Policies Act" when
necessary to ensure the provision of decent, safe, and
sanitary housing, or to secure a suitable relocation site.
The Department shall make or direct the payment of the such
relocation amounts from the funds available to acquire the
property.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/5-700 new)
(was 20 ILCS 5/32) (from Ch. 127, par. 32)
Sec. 5-700. Transfers of rights, powers, and duties. 32.
Whenever rights, powers, and duties vested in or exercised by
any officer, board, commission, institution, or department,
or any deputy, inspector, or subordinate officer of one of
those thereof, are, by the Civil Administrative Code of
Illinois this Act, or by any amendments to the Code thereto,
transferred either in whole or in part, to or vested in a
department created by the Code this Act, or by any amendments
to the Code thereto, those such rights, powers, and duties
shall be vested in, and shall be exercised by the department
to which they the same are thereby transferred, and not
otherwise, and every act done in the exercise of those such
rights, powers, and duties shall have the same legal effect
as if done by the former officer, board, commission,
institution, or department, or any deputy, inspector, or
subordinate officer of any of those thereof.
Every person and corporation shall be subject to the same
obligations and duties and shall have the same rights,
arising from the exercise of those such rights, powers, and
duties as if those such rights, powers, and duties were
exercised by the officer, board, commission, department, or
institution, or deputy, inspector, or subordinate of any of
those thereof, designated in the respective laws that which
are to be administered by departments created by the Civil
Administrative Code of Illinois this Act or by any amendments
to the Code thereto. Every person and corporation shall be
subject to the same penalty or penalties, civil or criminal,
for failure to perform any such obligation or duty, or for
doing a prohibited act, as if the such obligation or duty
arose from, or the such act were prohibited in, the exercise
of the such right, power, or duty by the officer, board,
commission, department, or institution, or deputy, inspector,
or subordinate of any of those thereof, designated in the
respective laws that which are to be administered by
departments created by the Civil Administrative Code of
Illinois this Act or by any amendments to the Code thereto.
Every officer and employee shall, for any offense, be subject
to the same penalty or penalties, civil or criminal, as are
prescribed by existing law for the same offense by any
officer or employee whose powers or duties devolved upon the
officer or employee him under the Code this Act or under by
any amendments to the Code thereto.
All books, records, papers, documents, property, real and
personal, unexpended appropriations, and pending business in
any way pertaining to the rights, powers, and duties so
transferred to or vested in a department created by the Civil
Administrative Code of Illinois this Act, or by any
amendments to the Code thereto, shall be delivered and
transferred to the department succeeding to those such
rights, powers, and duties.
(Source: Laws 1941, vol. 1, p. 1214.)
(20 ILCS 5/5-705 new)
(was 20 ILCS 5/33) (from Ch. 127, par. 33)
Sec. 5-705. Reports and notices after position or entity
abolished or duties transferred. 33. Whenever reports or
notices are now required to be made or given, or papers or
documents furnished or served by any person to or upon any
officer, board, commission, or institution, or any deputy,
inspector, or subordinate of any of those thereof, abolished
by the Civil Administrative Code of Illinois this Act, or by
any amendments to the Code thereto, or whose duties with
relation to the subject matter of those such reports,
notices, papers, or documents have, by the Code this Act, or
any amendments to the Code thereto, been transferred to
another department, division, office, board, or other agency
of the State government, the same shall be made, given,
furnished, or served in the same manner to or upon the
department, division, office, board, or other agency upon
which are devolved by the Code this Act or by any amendments
to the Code thereto the rights, powers, and duties now
exercised or discharged by the such officer, board,
commission, or institution, or the deputy, inspector, or
subordinate of any of those, thereof and every penalty for
failure so to do shall continue in effect.
(Source: P.A. 77-153.)
(15 ILCS 20/Art. 50 heading new)
ARTICLE 50. STATE BUDGET
(15 ILCS 20/50-1 new)
Sec. 50-1. Article short title. This Article 50 of the
Civil Administrative Code of Illinois may be cited as the
State Budget Law.
(15 ILCS 20/50-5 new)
(was 15 ILCS 20/38) (from Ch. 127, par. 38)
Sec. 50-5. Governor to submit State budget. 38. The
Governor shall, as soon as possible and not later than the
third Wednesday in February of each year beginning in 1998,
submit a State budget, embracing therein the amounts
recommended by the Governor him to be appropriated to the
respective departments, offices, and institutions, and for
all other public purposes, the estimated revenues from
taxation, the estimated revenues from sources other than
taxation, and an estimate of the amount required to be raised
by taxation. The amounts recommended by the Governor for
appropriation to the respective departments, offices and
institutions shall be formulated according to the various
functions and activities for which the respective department,
office or institution of the State government (including the
elective officers in the executive department and including
the University of Illinois and the judicial department) is
responsible. The amounts relating to particular functions and
activities shall be further formulated in accordance with the
object classification specified in Section 13 of the State
Finance Act.
The Governor shall not propose expenditures and the
General Assembly shall not enact appropriations that exceed
the resources estimated to be available, as provided in this
Section.
For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following
funds shall be prepared on the basis of revenue and
expenditure measurement concepts that are in concert with
generally accepted accounting principles for governments:
(1) General Revenue Fund.
(2) Common School Fund.
(3) Educational Assistance Fund.
(4) Road Fund.
(5) Motor Fuel Tax Fund.
(6) Agricultural Premium Fund.
These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance,
plus revenues estimated to be received during the budgeted
year, plus the estimated receipts due the State as of June 30
of the budgeted year that are expected to be collected during
the lapse period following the budgeted year, minus the
receipts collected during the first 2 months of the budgeted
year that became due to the State in the year before the
budgeted year. Revenues shall also include estimated federal
reimbursements associated with the recognition of Section 25
of the State Finance Act liabilities. For any budgeted fund
for which current year revenues are anticipated to exceed
expenditures, the surplus shall be considered to be a
resource available for expenditure in the budgeted fiscal
year.
Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by
the State for the budgeted year, to be paid in the next
fiscal year, excluding costs paid in the budgeted year which
were carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
By March 15 of each year, the Economic and Fiscal
Commission shall prepare revenue and fund transfer estimates
in accordance with the requirements of this Section and
report those estimates to the General Assembly and the
Governor.
For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation
for a fiscal year shall not exceed funds estimated by the
General Assembly to be available during that year.
(Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)
(15 ILCS 20/50-10 new)
(was 15 ILCS 20/38.1) (from Ch. 127, par. 38.1)
Sec. 50-10. Budget contents. 38.1. The budget shall be
submitted by the Governor with line item and program data.
The budget shall also contain performance data presenting an
estimate for the current fiscal year, projections for the
budget year, and information for the 3 prior fiscal years
comparing department objectives with actual accomplishments,
formulated according to the various functions and activities,
and, wherever the nature of the work admits, according to the
work units, for which the respective departments, offices,
and institutions of the State government (including the
elective officers in the executive department and including
the University of Illinois and the judicial department) are
responsible.
For the fiscal year beginning July 1, 1992 and for each
fiscal year thereafter, the budget shall include the
performance measures of each department's accountability
report.
For the fiscal year beginning July 1, 1997 and for each
fiscal year thereafter, the budget shall include one or more
line items appropriating moneys to the Department of Human
Services to fund participation in the Home-Based Support
Services Program for Mentally Disabled Adults under the
Developmental Disability and Mental Disability Services Act
by persons described in Section 2-17 of that Act.
The budget shall contain a capital development Section in
which the Governor will present (1) information on the
capital projects and capital programs for which
appropriations are requested, and (2) the capital spending
plans, which shall document the first and subsequent years
cash requirements by fund for the proposed bonded program,
and (3) a statement that which shall identify by year the
principal and interest costs until retirement of the State's
general obligation debt. In addition, the principal and
interest costs of the budget year program shall be presented
separately, to indicate the marginal cost of principal and
interest payments necessary to retire the additional bonds
needed to finance the budget year's capital program.
For the budget year, the current year, and 3 three prior
fiscal years, the Governor shall also include in the budget
estimates of or actual values for the assets and liabilities
for General Assembly Retirement System, State Employees'
Retirement System of Illinois, State Universities Retirement
System, Teachers' Retirement System of the State of Illinois,
and Judges Retirement System of Illinois.
The budget submitted by the Governor shall contain, in
addition, in a separate book, a tabulation of all position
and employment titles in each such department, office, and
institution, the number of each, and the salaries for each,
formulated according to divisions, bureaus, sections,
offices, departments, boards, and similar subdivisions, which
shall correspond as nearly as practicable to the functions
and activities for which the department, office, or
institution is responsible.
Together with the such budget, the Governor shall
transmit the estimates of receipts and expenditures, as
received by the director of the Bureau of the Budget, of the
elective officers in the executive and judicial departments
and of the University of Illinois.
(Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.)
(15 ILCS 20/50-15 new)
(was 15 ILCS 20/38.2) (from Ch. 127, par. 38.2)
Sec. 50-15. Department accountability reports; Budget
Advisory Panel. 38.2.
(a) Beginning in the fiscal year which begins July 1,
1992, each department of State government as listed in
Section 5-15 3 of the Departments of State Government Law (20
ILCS 5/5-15) this Code shall submit an annual accountability
report to the Bureau of the Budget at times designated by the
Director of the Bureau of the Budget. Each accountability
report shall be designed to assist the Bureau of the Budget
in its duties under Sections 2.2 and 2.3 of the "An Act to
create a Bureau of the Budget Act and to define its powers
and duties and to make an appropriation", approved April 16,
1969, as now or hereafter amended, and shall measure the
department's performance based on criteria, goals, and
objectives established by the department with the oversight
and assistance of the Bureau of the Budget. Each department
shall also submit interim progress reports at times
designated by the Director of the Bureau of the Budget.
(b) There is created a Budget Advisory Panel, consisting
of 10 representatives of private business and industry
appointed 2 each by the Governor, the President of the
Senate, the and Minority Leader of the Senate, the and
Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives. The Budget Advisory
Panel shall aid the Bureau of the Budget in the establishment
of the criteria, goals, and objectives by the departments for
use in measuring their performance in accountability reports.
The Budget Advisory Panel shall also assist the Bureau of the
Budget in reviewing accountability reports and assessing the
effectiveness of each department's performance measures. The
Budget Advisory Panel shall submit to the Bureau of the
Budget a report of its activities and recommendations for
change in the procedures established in subsection (a) at the
time designated by the Director of the Bureau of the Budget,
but in any case no later than the third Friday of each
November.
(c) The Director of the Bureau of the Budget shall
select not more than 3 departments for a pilot program
implementing the procedures of subsection (a) for budget
requests for the fiscal years beginning July 1, 1990 and July
1, 1991, and each of the departments elected shall submit
accountability reports for those fiscal years.
By April 1, 1991, the Bureau of the Budget with the
assistance of the Budget Advisory Panel shall recommend in
writing to the Governor any changes in the budget review
process established pursuant to this Section suggested by its
evaluation of the pilot program. The Governor shall submit
changes to the budget review process that the Governor he
plans to adopt, based on the report, to the President and
Minority Leader of the Senate and the Speaker and Minority
Leader of the House of Representatives.
(Source: P.A. 86-1027.)
(15 ILCS 20/50-20 new)
(was 15 ILCS 20/38.3)
Sec. 50-20. 38.3. Responsible Education Funding Law.
(a) The Governor shall submit to the General Assembly a
proposed budget for elementary and secondary education in
which total General Revenue Fund appropriations are no less
than the total General Revenue Fund appropriations of the
previous fiscal year. In addition, the Governor shall
specify the total amount of funds to be transferred from the
General Revenue Fund to the Common School Fund during the
budget year, which shall be no less than the total amount
transferred during the previous fiscal year. The Governor
may submit a proposed budget in which the total appropriated
and transferred amounts are less than the previous fiscal
year if the Governor declares in writing to the General
Assembly the reason for the lesser amounts.
(b) The General Assembly shall appropriate amounts for
elementary and secondary education from the General Revenue
Fund for each fiscal year so that the total General Revenue
Fund appropriation is no less than the total General Revenue
Fund appropriation for elementary and secondary education for
the previous fiscal year. In addition, the General Assembly
shall legislatively transfer from the General Revenue Fund to
the Common School Fund for the such fiscal year a total
amount that is no less than the total amount transferred for
the previous fiscal year. The General Assembly may
appropriate or transfer lesser amounts if it declares by
Joint Resolution the reason for the lesser amounts.
(c) This Section may be cited as the Responsible
Education Funding Law.
(Source: P.A. 88-660, eff. 9-16-94.)
(20 ILCS 110/Art. 110 heading new)
ARTICLE 110. DEPARTMENT ON AGING
(20 ILCS 110/110-1 new)
Sec. 110-1. Article short title. This Article 110 of the
Civil Administrative Code of Illinois may be cited as the
Department on Aging Law.
(20 ILCS 110/110-5 new)
(was 20 ILCS 110/69) (from Ch. 127, par. 63b15)
Sec. 110-5. 69. The Department on Aging; powers. The
Department on Aging shall exercise, administer, and enforce
all rights, powers, and duties vested in the Department on
Aging by the "Illinois Act on the Aging", enacted by the
Seventy-eighth General Assembly as amended.
(Source: P.A. 78-242.)
(20 ILCS 205/Art. 205 heading new)
ARTICLE 205. DEPARTMENT OF AGRICULTURE
(20 ILCS 205/205-1 new)
Sec. 205-1. Article short title. This Article 205 of the
Civil Administrative Code of Illinois may be cited as the
Department of Agriculture Law.
(20 ILCS 205/205-5 new)
Sec. 205-5. Definition. In this Law, "Department" means
the Department of Agriculture.
(20 ILCS 205/205-10 new)
(was 20 ILCS 205/40) (from Ch. 127, par. 40)
Sec. 205-10. Powers, generally. 40. The Department of
Agriculture has the powers enumerated in the following
Sections 40.1 through 40.45.
(Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.)
(20 ILCS 205/205-15 new)
(was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars.
40.7 and 40.8)
Sec. 205-15. 40.7. Promotional activities.
(a) The Department has the power to encourage and
promote, in every practicable manner, the interests of
agriculture, including horticulture, the livestock industry,
dairying, cheese making, poultry, bee keeping, forestry, the
production of wool, and all other allied industries. In
furtherance of the duties set forth in this subsection (a)
Section, the Department may establish trust funds and bank
accounts in adequately protected financial institutions to
receive and disburse monies in connection with the conduct of
food shows, food expositions, trade shows, and other
promotional activities, and to sell at cost, to qualified
applicants, signs designating farms that, which have been
owned for 100 years or more by lineal or collateral
descendants of the same family, as "Centennial Farms". The
Department shall provide applications for the such signs,
which shall be submitted with the required fee. "Centennial
Farms" signs shall not contain within their design, the name,
picture, or other likeness of any elected public official or
any appointed public official.
(b) The Department has the power Sec. 40.8. to promote
improved methods of conducting the these several industries
described in subsection (a) with a view to increasing the
production and facilitating facilitate the distribution
thereof at the least cost.
(Source: Laws 1967, p. 4087; P.A. 90-598, eff. 1-1-99.)
(20 ILCS 205/205-20 new)
(was 20 ILCS 205/40.7a)
Sec. 205-20. 40.7a. State Fair promotion. The Department
has the power to encourage and promote agriculture and
related industries and activities associated with the
Illinois State Fair. The Department may establish State Fair
and treasury held funds to receive and disburse moneys in
connection with the conduct and promotion of activities held
at the Illinois State Fair.
(Source: P.A. 88-5.)
(20 ILCS 205/205-25 new)
(was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14)
Sec. 205-25. Institutes, societies, fairs, and exhibits.
The Department has the power 40.14. to assist, encourage, and
promote the organization of farmers' institutes,
horticultural and agricultural societies, the holding of
fairs, fat stock shows, or other exhibits of the products of
agriculture, and the breeding and racing of Illinois
conceived and foaled horses.
(Source: P.A. 84-295.)
(20 ILCS 205/205-27 new)
(was 20 ILCS 205/40.7b)
Sec. 205-27. 40.7b. Livestock show promotion grants.
The Department has the power to develop and implement a
program of grants to promote National Junior Livestock
Association production livestock shows that have been
approved by the Department and are scheduled to be held at
the Illinois State Fair or the DuQuoin State Fair. Grant
applicants must be nonprofit organizations that organize or
sponsor the shows and must submit information requested by
the Department to verify their nonprofit nature and financial
condition.
Criteria for awarding grants shall include, but need not
be limited to, the following: (i) the length of the show;
(ii) the estimated proceeds of the show; (iii) the number of
entries in the show; and (iv) the economic impact of the show
upon the State.
Grants shall be awarded from funds appropriated for this
purpose to a maximum of $100,000 per fiscal year. Any number
of grants may be awarded, but no single grant may exceed
$25,000 and no more than one grant may be awarded for the
promotion of one show.
(Source: P.A. 90-641, eff. 1-1-99.)
(20 ILCS 205/205-30 new)
(was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9)
Sec. 205-30. Production and marketing statistics. The
Department has the power 40.9. to collect and publish
statistics relating to crop production and marketing and to,
the production of and marketing of beef, pork, poultry,
mutton, wool, butter, cheese, and other agricultural products
so far as that such statistical information may be of value
to the agricultural and allied interests of the State.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-35 new)
(was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10)
Sec. 205-35. Market news and bulletins. The Department
has the power 40.10. to collect, analyze, and publish market
news and to establish such facilities and publish such
bulletins and news reports that as may be necessary and
proper in order to keep producers and handlers informed
concerning supply, demand, and other economic conditions
affecting and related to the sale of livestock and other
agricultural products produced in the State of Illinois.
(Source: P.A. 84-295.)
(20 ILCS 205/205-40 new)
(was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31)
Sec. 205-40. Export consulting service and standards.
40.31. The Department, of Agriculture in cooperation with the
Department of Commerce and Community Affairs and the
Agricultural Export Advisory Committee, shall (1) provide a
consulting service to those who desire to export farm
products, commodities, and supplies, and guide them in their
efforts to improve trade relations; (2) cooperate with
agencies and instrumentalities of the federal government to
develop export grade standards for farm products,
commodities, and supplies produced in Illinois and shall
adopt reasonable rules and regulations to ensure insure that
exports of those such products, commodities, and supplies,
comply with those such standards; (3) upon request and after
inspection of any such farm product, commodity, or supplies,
certify compliance or noncompliance with those such
standards; (4) provide an informational program to existing
and potential foreign importers of farm products,
commodities, and supplies; (5) qualify for U. S. Department
of Agriculture matching funds for overseas promotion of farm
products, commodities, and supplies according to the federal
requirements regarding State expenditures that are eligible
for matching funds; and (6) provide a consulting service to
persons who desire to export processed or value-added
agricultural products, and assist those such persons in
ascertaining legal and regulatory restrictions and market
preferences that which affect the sale of value-added
agricultural products in foreign markets.
(Source: P.A. 83-445.)
(20 ILCS 205/205-45 new)
(was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
Sec. 205-45. "Illinois Product" label program. The
Department has the power 40.36. to administer the "Illinois
Product" label program, whereby a label with the words
"Illinois Product" on it may be placed on food and
agribusiness commodities produced, processed, or packaged in
Illinois.
(Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)
(20 ILCS 205/205-50 new)
(was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40)
Sec. 205-50. Ginseng marketing program. The Department
has the power 40.40. to develop a ginseng marketing program
for domestic and international markets.
(Source: P.A. 87-121.)
(20 ILCS 205/205-55 new)
(was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27)
Sec. 205-55. Gasohol and other alcohol fuels promotion.
The Department has the power 40.27. to promote the use of
gasohol and other alcohol fuels and to promote the
utilization of agricultural crops for the production of
alcohol fuels, particularly the use of by-products of such
crops without diminishing the primary utilization of such
crops.
(Source: P.A. 83-439.)
(20 ILCS 205/205-60 new)
(was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
Sec. 205-60. 40.35. Aquaculture. The Department has the
power to develop and implement a program to promote
aquaculture in this State pursuant to the Aquaculture
Development Act, to promulgate the necessary rules and
regulations, and to cooperate with and seek the assistance of
the Department of Natural Resources and the Department of
Transportation in the implementation and enforcement of that
Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 205/205-100 new)
(was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11)
Sec. 205-100. Trees and shrubs; insect pests and plant
diseases. The Department has the power 40.11. to encourage
the planting of trees and shrubs and the improvement of farm
homes generally and; to provide for the suppression and
control of insect pests and plant diseases.
(Source: P.A. 84-295.)
(20 ILCS 205/205-105 new)
(was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24)
Sec. 205-105. County soil surveys. 40.24. The Department
of Agriculture shall provide funds sufficient to pay 25% of
the cost of conducting county soil surveys conducted pursuant
to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code
of Federal Regulations.
(Source: P.A. 81-1360.)
(20 ILCS 205/205-110 new)
(was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
Sec. 205-110. Forestry management; farmland preservation.
The Department has the power 40.28. to provide information
and assistance to farmland owners in this State regarding the
economic and soil and water conservation benefits that can be
attained through forestry management on marginal lands and;
to promote farmland preservation.
(Source: P.A. 84-295.)
(20 ILCS 205/205-115 new)
(was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38)
Sec. 205-115. Revegetation of post-mining land. The
Department has the power: 40.38. to develop data used in the
Agricultural Lands Productivity Formula that is used in
determining the success of revegetation of post-mining land
for row-crop agricultural purposes in accordance with the
Surface Coal Mining Land Conservation and Reclamation Act; to
cooperate with the Department of Natural Resources in
determining the success of the such cropland revegetation
under the Surface Coal Mining Land Conservation and
Reclamation Act; and to publish annually a Soil Master and
County Cropped Acreage Manual, which is data derived from and
used in the formula. The, but such manual is exempt from the
rule-making requirements of the Illinois Administrative
Procedure Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 205/205-200 new)
(was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16)
Sec. 205-200. Animal welfare. The Department has the
power 40.16. to execute and administer acts and rules
relating to animal welfare.
(Source: P.A. 84-295.)
(20 ILCS 205/205-205 new)
(was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13)
Sec. 205-205. Contagious and infectious diseases among
domestic animals. The Department has the power 40.13. to
inquire into the causes of contagious, infectious, and
communicable diseases among domestic animals, and the means
for the prevention and cure of those such diseases.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-300 new)
(was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4)
Sec. 205-300. Inspection of apiaries. The Department has
the power 40.4. to exercise the rights, powers, and duties
vested by law in the State inspector of apiaries and the
inspector's, his assistants and employees.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-305 new)
(was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12)
Sec. 205-305. Veterinary biologics. The Department has
the power 40.12. to approve the use of licensed veterinary
biologics in the State and approve field trials of veterinary
biologics in accordance with the standards provided for in
the Code of Federal Regulations, Title 9, Subpart E.
(Source: P.A. 88-91; 88-457.)
(20 ILCS 205/205-310 new)
(was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33)
Sec. 205-310. Laboratory services. The Department has the
power 40.33. to provide laboratory services for the diagnosis
of animal diseases and, for the analysis of feeds,
fertilizers, seeds, and pesticides, and to perform related
laboratory services.
(Source: P.A. 84-295.)
(20 ILCS 205/205-315 new)
(was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17)
Sec. 205-315. Warehouses; buying and selling grain. The
Department has the power 40.17. to exercise the rights,
powers, and duties vested by law in the Department in
regulating grain warehouses, personal property warehouses,
and persons engaged in the business of buying and selling
grain.
(Source: P.A. 84-295.)
(20 ILCS 205/205-320 new)
(was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18)
Sec. 205-320. Weights and measures. The Department has
the power 40.18. to execute and administer all laws and
regulations, now or hereafter enacted, relating to weights
and measures.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-325 new)
(was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19)
Sec. 205-325. Commodities; standards and quality. The
Department has the power 40.19. to execute and administer all
laws and regulations, now or hereafter enacted, relating to
standards and quality of and for commodities.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-330 new)
(was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32)
Sec. 205-330. Meat and poultry. The Department has the
power 40.32. to execute and administer the laws and rules
pertaining to the slaughter, processing, and sale of meat and
poultry and products thereof.
(Source: P.A. 84-295.)
(20 ILCS 205/205-335 new)
(was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21)
Sec. 205-335. Pesticides. The Department has the power
40.21. to execute and administer laws and regulations
relating to the distribution, sale, use, and registration of
pesticides and the regulation and certification of persons
applying pesticides and pesticide dealers. The Department
also has the power; and to promote the proper handling and
use of pesticide containers through the operation of
pesticide container recycling programs and to make business
development loans from moneys granted to the Department by
the United States Department of Agriculture for those
purposes, subject to terms and conditions the Department
deems necessary to ensure repayment of the loans.
(Source: P.A. 89-463, eff. 5-31-96.)
(20 ILCS 205/205-340 new)
(was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39)
Sec. 205-340. Pesticide contamination at agrichemical
facilities. 40.39. In accordance with constitutional
limitations, and to the extent necessary to carry out the
Department's powers and duties under paragraph 8 of Section
19 of the Illinois Pesticide Control Act, the Department has
the power to enter at all reasonable times upon any private
or public property.
(Source: P.A. 86-1172.)
(20 ILCS 205/205-345 new)
(was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6)
Sec. 205-345. Fertilizers. The Department has the power
40.6. to execute and administer the Acts and rules regulating
the manufacture, sale, and distribution of fertilizers.
(Source: P.A. 84-295.)
(20 ILCS 205/205-350 new)
(was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25)
Sec. 205-350. Fuel sold as gasohol; penalty. The
Department has the power 40.25. to test fuel that which is
sold as gasohol, or is claimed to be gasohol under the Use
Tax Act, the Service Occupation Tax Act, or the Retailers'
Occupation Tax Act in order, to determine whether the fuel
contains at least 10% alcohol.
Any person who knowingly sells or represents as gasohol
any fuel that which does not qualify as gasohol under any of
the above named Acts is guilty of a business offense and
shall be fined not more than $100 for each day that the such
sale or representation takes place after notification from
the Department that the fuel in question does not qualify as
gasohol.
(Source: P.A. 82-702.)
(20 ILCS 205/205-355 new)
(was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26)
Sec. 205-355. Motor fuel alcohol; water test. The
Department has the power 40.26. to test alcohol to be used as
a motor fuel component to ensure that insure it contains no
more than 1.25% water by weight.
(Source: P.A. 82-702.)
(20 ILCS 205/205-400 new)
(was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20)
Sec. 205-400. Transfer of realty; acquisition of federal
lands. The Department has the power 40.20. to transfer
jurisdiction of any realty under the control of the
Department to any other department of the State government,
or to acquire or accept federal lands, when the such
transfer, acquisition, or acceptance is advantageous to the
State and is approved in writing by the Governor.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-405 new)
(was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22)
Sec. 205-405. State Fairgrounds property. The Department
has the power 40.22. to be the custodian of buildings,
structures, and property located on the State Fairgrounds,
and to maintain those buildings and structures and that
property the same.
(Source: P.A. 81-853.)
(20 ILCS 205/205-410 new)
(was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23)
Sec. 205-410. Surety bonds; trust funds and accounts;
bank accounts.
(a) In this Section:
"Claimant" means a person who is unable to secure
satisfaction of financial obligations due from a person
subject to regulation by the Department, in accordance with
the applicable statute or regulation and the time limits
provided for in that statute or regulation, if any, under any
of the following Acts:
(1) The Illinois Egg and Egg Products Act.
(2) The Personal Property Storage Act.
(3) The Livestock Auction Market Law.
(4) The Illinois Pesticide Act.
(5) The Weights and Measures Act.
(6) The Illinois Livestock Dealer Licensing Act.
(7) The Slaughter Livestock Buyers Act.
(8) The Illinois Feeder Swine Dealer Licensing Act.
"Failure" under the Acts cited in the definition of
"claimant" contained in this Section means any of the
following:
(1) An inability to financially satisfy claimants
in accordance with the applicable statute or regulation
and the time limits provided for in that statute or
regulation, if any.
(2) A public declaration of insolvency.
(3) A revocation of a license and the leaving of an
outstanding indebtedness to claimants.
(4) A failure to pay claimants in the ordinary
course of business and when a bonafide dispute does not
exist between the licensee and the customer.
(5) A failure to apply for renewal of a license.
(6) A denial of a request for renewal of a license.
(7) A voluntary surrendering of a license.
(b) The Department has the power 40.23. to control
surety bonds and trust funds and to establish trust accounts
and bank accounts in adequately protected financial
institutions, to hold monies received by the Director of
Agriculture when acting as trustee, to protect the assets of
licensees for the benefit of claimants, to accept security
from licensees to collateralize licensees' financial
deficiencies (and that such security shall be secondary to
surety bonds in the collection process), to accept collateral
and security in lieu of or in addition to a commercial surety
bond, and to collect and disburse the proceeds of those such
bonds and trust funds when acting as trustee on behalf of
claimants without responsibility for the management and
operation of discontinued or insolvent businesses, those such
funds, or additions to those funds thereto in which the State
of Illinois has no right, title, or interest.
(c) The Department shall promulgate and file procedural
rules and regulations to be followed concerning the
establishment and segregation of trust accounts and bank
accounts and the holding of administrative hearings to
identify and verify claimants and claim amounts, to claim and
collect the proceeds of surety bonds and other assets, and to
distribute monies in trust funds and bank accounts to
claimants. The trustee shall maintain and retain records and
make available for audit or review by any person, firm,
corporation, or government entity the such trust accounts and
bank accounts, check registers, cancelled claimants' checks,
and records accumulated and used by the Department to
ascertain the claimants and claims against surety bonds or
trust funds.
Definitions of terms as used in this Section:
"Claimant" means a person who is unable to secure
satisfaction of financial obligations due from a person
subject to regulation by the Department, in accordance with
applicable statute or regulation and the time limits provided
for therein, if any, under any of the following Acts:
(a) Illinois Egg and Egg Products Act;
(b) Personal Property Storage Act;
(c) (Blank);
(d) Livestock Auction Market Law;
(e) Illinois Pesticide Act;
(f) Weights and Measures Act;
(g) Illinois Livestock Dealer Licensing Act;
(h) Slaughter Livestock Buyers Act;
(i) (Blank); or
(j) Illinois Feeder Swine Dealer Licensing Act.
"Failure" under the Acts cited in the definition of
"claimant" contained in this Section means:
(a) An inability to financially satisfy claimants in
accordance with applicable statute or regulation and the time
limits provided for therein, if any;
(b) A public declaration of insolvency;
(c) A revocation of license and leaving outstanding
indebtedness to claimants;
(d) A failure to pay claimants in the ordinary course of
business and where a bonafide dispute does not exist between
and customer;
(e) A failure to apply for license renewal;
(f) A denial of license renewal; or
(g) A voluntary surrendering of a license.
(d) The Department may use monies in the trust accounts
that are established to hold monies received in trust for
disbursement to claimants for the benefit of claimants and
for paying expenses incurred in pursuing those such assets.
(Source: P.A. 89-287, eff. 1-1-96.)
(20 ILCS 205/205-415 new)
(was 20 ILCS 205/40.42)
Sec. 205-415. 40.42. State Cooperative Extension Service
Trust Fund. The Department of Agriculture shall deposit into
the State Cooperative Extension Service Trust Fund, a trust
fund created outside the State treasury and held by the State
Treasurer as custodian, all funds appropriated to the
Department as matching funds and for the purpose of general
support for cooperative extension programs as provided in the
County Cooperative Extension Law. At the direction of the
Treasurer of the University of Illinois, the Director of
Agriculture shall direct the State Treasurer and the State
Comptroller to transfer the trust funds to the University of
Illinois as provided under subsection (d) of Section 8 8(d)
of the County Cooperative Extension Law. The Department
shall not have responsibility for or control over the
cooperative extension service or its programs because of this
trust fund.
(Source: P.A. 89-691, eff. 12-31-96; 90-591, eff. 7-1-98.)
(20 ILCS 205/205-420 new)
(was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15)
Sec. 205-420. Appropriations for county fairs and
farmers' institutes. The Department has the power 40.15. to
investigate and ascertain that moneys appropriated for county
fairs and farmers' institutes are faithfully applied to the
purposes authorized by law.
(Source: Laws 1967, p. 4087.)
(20 ILCS 205/205-425 new)
(was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37)
Sec. 205-425. Criminal history record information from
Department of State Police. 40.37. Whenever the Department of
Agriculture is authorized or required by law to consider some
aspect of criminal history record information for the purpose
of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with
the requirements of subsection 22 of Section 2605-400 55a of
"the Department of State Police Law (20 ILCS 2605/2605-400)
Civil Administrative Code of Illinois", the Department of
State Police is authorized to furnish, pursuant to positive
identification, the such information contained in State files
that as is necessary to fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 205/205-430 new)
(was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34)
Sec. 205-430. Cooperation with U.S. Department of
Agriculture. The Department has the power 40.34. to cooperate
with and enter into agreements with the United States
Department of Agriculture and with others in carrying out the
powers and duties vested in the Department and to adopt
guidelines, by reference, issued by federal agencies in
carrying out its powers and duties.
(Source: P.A. 84-295.)
(5 ILCS 620/Art. 250 heading new)
ARTICLE 250. STATE FAIR GROUNDS
(5 ILCS 620/250-1 new)
Sec. 250-1. Article short title. This Article 250 of the
Civil Administrative Code of Illinois may be cited as the
State Fair Grounds Title Law.
(5 ILCS 620/250-5 new)
(was 5 ILCS 620/42) (from Ch. 127, par. 42)
Sec. 250-5. Title to State fair grounds. 42. The people
of the State of Illinois shall succeed to all the right,
title, and interest of the Illinois Department of Agriculture
in and to the State fair grounds, and to all lands,
buildings, money, unexpended appropriations, or other
property connected therewith.
(Source: P.A. 90-192, eff. 7-24-97.)
(20 ILCS 310/Art. 310 heading new)
ARTICLE 310. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
(20 ILCS 310/310-1 new)
Sec. 310-1. Article short title. This Article 310 of
the Civil Administrative Code of Illinois may be cited as the
Department of Human Services (Alcoholism and Substance Abuse)
Law.
(20 ILCS 310/310-5 new)
(was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29)
Sec. 310-5. Powers under certain Acts. 9.29. The
Department of Human Services, as successor to the Department
of Alcoholism and Substance Abuse, shall exercise,
administer, and enforce all rights, powers, and duties
formerly vested in the Department of Mental Health and
Developmental Disabilities by the following named Acts or
Sections of those Acts as they pertain to the provision of
alcoholism services service and the Dangerous Drugs
Commission by the following named Acts or Sections thereof:
(1) 1. The "Cannabis Control Act", approved August
16, 1971, as amended.
(2) 2. The "Illinois Controlled Substances Act",
approved August 16, 1971, as amended.
(3) 3. The "Community Mental Health Act", approved
June 26, 1963, as amended.
(4) 4. The "Community Services Act", approved
August 13, 1981, as amended.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 405/Art. 405 heading new)
ARTICLE 405. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
(20 ILCS 405/405-1 new)
Sec. 405-1. Article short title. This Article 405 of
the Civil Administrative Code of Illinois may be cited as the
Department of Central Management Services Law.
(20 ILCS 405/405-5 new)
(was 20 ILCS 405/405.2) (from Ch. 127, par. 35.2)
Sec. 405-5. Definitions.
(a) In this Law 35.2. As used in sections 35.3 through
35.9 of this Act:
(a) "Department" means the Department of Central
Management Services.
(b) "Director" means the Director of Central Management
Services.
(b) In paragraphs (1) and (2) of Section 405-10 and in
Section 405-15, (c) "State agency", whether used in the
singular or plural, means all departments, officers,
commissions, boards, institutions, and bodies politic and
corporate of the State, including the offices of clerk of the
supreme court and clerks of the appellate courts. The term
does; except, it shall not mean the several courts of the
State, nor does it mean the legislature or, its committees or
commissions.
(Source: P.A. 82-789.)
(20 ILCS 405/405-10 new)
(was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3)
Sec. 405-10. Director's duties; State policy. 35.3. It
shall be the duty of the Director and the policy of the State
of Illinois to do the following:
(1) (a) Place financial responsibility on State
agencies (as defined in subsection (b) of Section 405-5)
and to hold them accountable for the proper discharge of
this responsibility.
(2) (b) Require professional, accurate, and current
accounting with the State agencies (as defined in
subsection (b) of Section 405-5).
(3) (c) Decentralize fiscal, procedural, and
administrative operations to expedite the business of the
State and to avoid expense, unwieldiness, inefficiency,
and unnecessary duplication where decentralization is
consistent with proper fiscal management.
(4) (d) Manage or delegate the management of the
procurement, retention, installation, maintenance, and
operation of all electronic data processing equipment
used by State agencies as defined in Section 405-20 35.7
of this Act, so as to achieve maximum economy consistent
with development of adequate and timely information in a
form suitable for management analysis, in a manner that
provides for adequate security protection and back-up
facilities for that such equipment, the establishment of
bonding requirements, and a code of conduct for all
electronic data processing personnel to ensure insure the
privacy of electronic data processing information as
provided by law.
(Source: P.A. 80-57.)
(20 ILCS 405/405-15 new)
(was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4)
Sec. 405-15. Audits. 35.4. The Department, when so
requested by the Governor or the chief executive officer of a
State agency, may perform internal audits, and procedural
audits and in performing these responsibilities, the
Department may examine the accounts of any organization,
body, or agency receiving appropriations from the General
Assembly, including all grantees and sub-grantees of grantor
State agencies included within the scope of the audit. For
purposes of this Section, "State agency" is defined as in
subsection (b) of Section 405-5.
(Source: P.A. 87-817.)
(20 ILCS 405/405-20 new)
(was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7)
Sec. 405-20. Fiscal policy information to Governor;
statistical research planning. 35.7.
(a) The Department shall be responsible for providing
the Governor with timely, comprehensive, and meaningful
information pertinent to the formulation and execution of
fiscal policy. In performing this responsibility the
Department shall have the power and duty to do the following:
(1) (a) Control the procurement, retention,
installation, maintenance, and operation, as specified by
the Director, of electronic data processing equipment
used by State agencies in such a manner as to achieve
maximum economy and provide adequate assistance in the
development of information suitable for management
analysis.;
(2) (b) Establish principles and standards of
statistical reporting by State agencies and priorities
for completion of research by those such agencies in
accordance with the requirements for management analysis
as specified by the Director.;
(3) (c) Establish, through the Director, charges
for statistical services requested by State agencies and
rendered by the Department of Central Management
Services. The Such State agencies so charged shall
reimburse the Department of Central Management Services
by vouchers drawn against their respective appropriations
for electronic data processing. The Department is
likewise empowered through the Director to establish
prices or charges for all statistical reports purchased
by agencies and individuals not connected with State
government.;
(4) (d) Instruct all State agencies as the Director
may require to report regularly to the Department, in the
such manner as the Director may prescribe,: their usage
of electronic information devices, the cost incurred, the
information produced, and the procedures followed in
obtaining the said information. All State such agencies
shall request of the Director of Central Management
Services any statistical services requiring the use of
electronic devices and shall conform to the priorities
assigned by the Director in using those such electronic
devices.;
(5) (e) Examine the accounts and statistical data
of any organization, body, or agency receiving
appropriations from the General Assembly.;
(6) (f) Install and operate a modern information
system utilizing equipment adequate to satisfy the
requirements for analysis and review as specified by the
Director. Expenditures for statistical services rendered
shall be reimbursed by the recipients. The Such
reimbursement shall be determined by the Director of
Central Management Services as amounts sufficient to
reimburse the Statistical Services Revolving Fund for
expenditures incurred in rendering the such services.
(b) In addition to the other powers and duties listed in
this Section, the Department shall analyze the present and
future aims, needs, and requirements of statistical research
and planning in order, to provide for the formulation of
overall policy relative to the use of electronic data
processing equipment by the State of Illinois. In making this
analysis, the Department under the Director shall formulate a
master plan for statistical research, utilizing electronic
equipment most advantageously, and advising whether
electronic data processing equipment should be leased or
purchased by the State. The Department under the Director
shall prepare and submit interim reports of meaningful
developments and proposals for legislation to the Governor on
or before January 30 each year. The Department under the
Director shall engage in a continuing analysis and evaluation
of the master plan so developed, and it shall be the
responsibility of the Department to recommend from time to
time any needed amendments and modifications of any master
plan enacted by the General Assembly.
(c) For the purposes of this Section, Section 405-245,
and paragraph (4) of Section 405-10 only, "State agencies"
means all departments, boards, commissions, and agencies of
the State of Illinois subject to the Governor.
(Source: P.A. 82-789.)
(20 ILCS 405/405-25 new)
(was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34)
Sec. 405-25. Moneys made available by public or private
entities. 67.34. The Department may apply for, receive,
expend, allocate, or disburse funds and moneys made available
by public or private entities, including, but not limited to,
contracts, private or public financial gifts, bequests,
grants, or donations from individuals, corporations,
foundations, or public or private institutions of higher
learning. All funds received by the Department from these
sources shall be deposited into the State treasury into a
State trust fund to be held by the State Treasurer as ex
officio custodian and subject to the Comptroller --
Treasurer, voucher -- warrant system. The funds shall be
expended by the Department for purposes as indicated by the
grantor, donor, or, in the case of funds or moneys given or
donated for no specific purpose, for any purpose deemed
appropriate by the Director in administering the
responsibilities of the agency as set forth in the Personnel
Code.
(Source: P.A. 87-888.)
(20 ILCS 405/405-30 new)
(was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20)
Sec. 405-30. Administrative Procedure Act applies.
67.20. The provisions of "the Illinois Administrative
Procedure Act", as now or hereafter amended, are hereby
expressly adopted and incorporated herein as though a part of
this Law Act, and shall apply to all administrative rules and
procedures of the Department of Central Management Services.
(Source: P.A. 82-789.)
(20 ILCS 405/405-100 new)
(was 20 ILCS 405/64) (from Ch. 127, par. 63b3)
Sec. 405-100. Administration of the Personnel Code. 64.
The Department of Central Management Services shall have
power to administer the "Personnel Code" enacted by the 69th
General Assembly.
(Source: P.A. 82-789.)
(20 ILCS 405/405-105 new)
(was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4)
Sec. 405-105. Fidelity, surety, property, and casualty
insurance. 64.1. The Department of Central Management
Services shall establish and implement a program to
coordinate the handling of all fidelity, surety, property,
and casualty insurance exposures, of the State and the
departments, divisions, agencies, branches, and universities
of the State. In performing this responsibility, the
Department shall have the power and duty to do the following:
(1) (a) Develop and maintain loss and exposure data on
all State property.
(2) (b) Study the feasibility of establishing a
self-insurance plan for State property and prepare estimates
of the costs of reinsurance for risks beyond the realistic
limits of the self-insurance.
(3) (c) Prepare a plan for centralizing the purchase of
property and casualty insurance on State property under a
master policy or policies, and to purchase the insurance
contracted for as provided in the Illinois Purchasing Act.
(4) (d) Evaluate existing provisions for fidelity bonds
required of State employees and recommend such changes that
as are appropriate commensurate with risk experience and the
determinations respecting self-insurance or reinsurance so as
to permit reduction of costs without loss of coverage.
(5) (e) Investigate procedures for inclusion of school
districts, public community junior college districts, and
other units of local government in programs for the
centralized purchase of insurance.
(6) (f) Implement such recommendations of the State
Property Insurance Study Commission that as the Department
finds necessary or desirable in the performance of its powers
and duties under this Section to achieve efficient and
comprehensive risk management.
(7) (g) Prepare and, in the discretion of the Director
of Central Management Services, implement a plan providing
for the purchase of public liability insurance or for
self-insurance for public liability or for a combination of
purchased insurance and self-insurance for public liability
(i) (1) covering the State and drivers of motor vehicles
owned, leased, or controlled by the State of Illinois
pursuant to the provisions and limitations contained in the
Illinois Vehicle Code, (ii) (2) covering other public
liability exposures of the State and its employees within the
scope of their employment, and (iii) (3) covering drivers of
motor vehicles not owned, leased, or controlled by the State
but used by a State employee on State business, in excess of
liability covered by an insurance policy obtained by the
owner of the motor vehicle or in excess of the such dollar
amounts that as the Department shall determine to be
reasonable. Any contract of insurance let under this Law Act
shall be by bid in accordance with the procedure set forth in
the Illinois Purchasing Act. Any provisions for
self-insurance shall conform to subdivision (11) subsection
(k).
The term "employee" as used in this subdivision (7) and
in subdivision (11) subsections (g) and (k) means a person
while in the employ of the State who is a member of the staff
or personnel of a State agency, bureau, board, commission,
committee, department, university, or college or who is a
State officer, elected official, commissioner, member of or
ex officio member of a State agency, bureau, board,
commission, committee, department, university, or college, or
a member of the National Guard while on active duty pursuant
to orders of the Governor of the State of Illinois, or any
other person while using a licensed motor vehicle owned,
leased, or controlled by the State of Illinois with the
authorization of the State of Illinois, provided the actual
use of the motor vehicle thereof is within the scope of that
such authorization and within the course of State service.
Subsequent to payment of a claim on behalf of an employee
pursuant to this Section and after reasonable advance written
notice to the employee, the Director may exclude the employee
from future coverage or limit the such coverage under the
plan if (i) (1) the Director determines that the claim
resulted from an incident in which the employee was grossly
negligent or had engaged in willful and wanton misconduct; or
(ii) (2) the Director determines that the employee is no
longer an acceptable risk based on a review of prior
accidents in which the employee was at fault and for which
payments were made pursuant to this Section.
The Director is authorized to promulgate such
administrative rules that as may be necessary to establish
and administer the plan.
Appropriations from the Road Fund shall be used to pay
auto liability claims and related expenses involving
employees of the Department of Transportation, the Illinois
State Police, and the Secretary of State.
(8) (h) Charge, collect, and receive from all other
agencies of the State government fees or monies equivalent to
the cost of purchasing the insurance.
(9) (i) (1) Establish, through the Director, charges for
risk management services rendered to State agencies by the
Department of Central Management Services. The State agencies
so charged shall reimburse the Department of Central
Management Services by vouchers drawn against their
respective appropriations. The reimbursement shall be
determined by the Director of Central Management Services as
amounts sufficient to reimburse the Department for
expenditures incurred in rendering the service.
(2) The Department of Central Management Services shall
charge the employing State agency or university for workers'
compensation payments for temporary total disability paid to
any employee after the employee has received temporary total
disability payments for 120 days if the employee's treating
physician has issued a release to return to work with
restrictions and the employee is able to perform modified
duty work but the employing State agency or university does
not return the employee to work at modified duty. Modified
duty shall be duties assigned that may or may not be
delineated as part of the duties regularly performed by the
employee. Modified duties shall be assigned within the
prescribed restrictions established by the treating physician
and the physician who performed the independent medical
examination. The amount of all reimbursements shall be
deposited into the Workers' Compensation Revolving Fund which
is hereby created as a special fund in the State treasury.
Moneys in the Fund shall be used, subject to appropriation,
to pay these or other temporary total disability claims of
employees of State agencies and universities.
(3) Beginning with fiscal year 1996, all amounts
recovered by the Department through subrogation in workers'
compensation and workers' occupational disease cases shall be
deposited into the Workers' Compensation Revolving Fund
created under this subdivision (9) (i)(2).
(10) (j) Establish rules, procedures, and forms to be
used by State agencies in the administration and payment of
workers' compensation claims. The Department shall initially
evaluate and determine the compensability of any injury that
which is the subject of a workers' compensation claim and
provide for the administration and payment of such a claim
for all State agencies. The Director may delegate to any
agency with the agreement of the agency head the
responsibility for evaluation, administration, and payment of
that agency's claims.
(11) (k) Any plan for public liability self-insurance
implemented under this Section shall provide that (i) (1) the
Department of Central Management Services shall attempt to
settle and may settle any public liability claim filed
against the State of Illinois or any public liability claim
filed against a State employee on the basis of an occurrence
in the course of the employee's his State employment; (ii)
(2) any settlement of such a claim must be approved by the
Director of Central Management Services and, in cases of
settlements exceeding $100,000, by the Governor; and (iii)
(3) a settlement of any public liability claim against the
State or a State employee shall require an unqualified
release of any right of action against the State and the
employee for acts within the scope of the employee's
employment giving rise to the claim.
Whenever and to the extent that a State employee operates
a motor vehicle or engages in other activity covered by
self-insurance under this Section, the State of Illinois
shall defend, indemnify, and hold harmless the employee
against any claim in tort filed against the employee for acts
or omissions within the scope of the employee's his
employment in any proper judicial forum and not settled
pursuant to this subdivision (11) subsection, provided that
this obligation of the State of Illinois shall not exceed a
maximum liability of $2,000,000 for any single occurrence in
connection with the operation of a motor vehicle or $100,000
per person per occurrence for any other single occurrence, or
$500,000 for any single occurrence in connection with the
provision of medical care by a licensed physician employee.
Any claims against the State of Illinois under a
self-insurance plan that which are not settled pursuant to
this subdivision (11) subsection shall be heard and
determined by the Court of Claims, and may not be filed or
adjudicated in any other forum. The Attorney General of the
State of Illinois or the Attorney General's his designee
shall be the attorney with respect to all public liability
self-insurance claims that which are not settled pursuant to
this subdivision (11) subsection and therefore result in
litigation. The payment of any award of the Court of Claims
entered against the State relating to any public liability
self-insurance claim shall act as a release against any State
employee involved in the occurrence.
(12) (l) Administer a plan the purpose of which is to
make payments on final settlements or final judgments in
accordance with the State Employee Indemnification Act. The
plan shall be funded through appropriations from the General
Revenue Fund specifically designated for that purpose, except
that indemnification expenses for employees of the Department
of Transportation, the Illinois State Police, and the
Secretary of State shall be paid from the Road Fund. The
term "employee" as used in this subdivision (12) has
subsection shall have the same meaning as under subsection
(b) of Section 1 of the State Employee Indemnification Act.
Subject to sufficient appropriation, the Director of Central
Management Services shall approve payment of any claim
presented to the Director him that is supported by a final
settlement or final judgment when the Attorney General and
the chief officer of the public body against whose employee
the claim or cause of action is asserted certify to the
Director him that the claim is in accordance with the State
Employee Indemnification Act, and that they approve of the
payment. In no event shall an amount in excess of $150,000
be paid from this plan to or for the benefit of any claimant.
(13) (m) Administer a plan the purpose of which is to
make payments on final settlements or final judgments for
employee wage claims in situations where there was an
appropriation relevant to the wage claim, and the fiscal year
and lapse period have expired, and that sufficient funds were
available to pay the such claim. The plan shall be funded
through appropriations from the General Revenue Fund
specifically designated for that purpose.
Subject to sufficient appropriation, the Director of
Central Management Services is authorized to pay any wage
claim presented to the Director him that is supported by a
final settlement or final judgment when the chief officer of
the State agency employing the claimant certifies to the
Director him that the claim is a valid wage claim and that
the fiscal year and lapse period have expired. Payment for
claims that are properly submitted and certified as valid by
the Director of Central Management Services shall include
interest accrued at the rate of 7% per annum from the
forty-fifth day after the claims are received by the
Department of Central Management Services or 45 days from the
date on which the amount of payment is agreed upon, whichever
is later, until the date the claims are submitted to the
Comptroller for payment. When the Attorney General has filed
an appearance in any proceeding concerning a wage claim
settlement or judgment, the Attorney General shall certify to
the Director of Central Management Services that the wage
claim is valid before any payment is made. In no event shall
an amount in excess of $150,000 be paid from this plan to or
for the benefit of any claimant.
Nothing in Public Act 84-961 this Amendatory Act of 1985
shall be construed to affect in any manner the jurisdiction
of the Court of Claims concerning wage claims made against
the State of Illinois.
(14) (n) Prepare and, in the discretion of the Director
of Central Management Services, implement a program for
self-insurance for official fidelity and surety bonds for
officers and employees as authorized by the Official Bond
Act.
(Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95;
89-626, eff. 8-9-96.)
(20 ILCS 405/405-110 new)
(was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5)
Sec. 405-110. Federal tax-exempt benefits in lieu of
salary or wages. 64.2.
(a) The Department of Central Management Services may, at
the Director's discretion, establish and implement or approve
plans whereby State employees and officers, including those
of State universities and colleges, may enter into agreements
with their employer to elect to receive, in lieu of salary or
wages, benefits that which are not taxable under the federal
Internal Revenue Code. These Such agreements may include the
acceptance of a reduction in earnings or the foregoing of an
increase in earnings by an employee and the employer's
payment of those such amounts as employer contributions for
benefits that which the employee selects from a list of
employee benefits offered by the employer.
(b) Prior to the establishment of such a plan, the
Director shall seek the advice of interested State agencies
regarding the content and implementation of the plan.
(c) Selection of plan offerings shall not be subject to
the Illinois Purchasing Act.
(d) Benefits selected by employees shall be included in
gross income for determination of pension base.
(Source: P.A. 84-167.)
(20 ILCS 405/405-115 new)
(was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6)
Sec. 405-115. State agency employees child care
services. 64.3. The Department of Central Management
Services shall administer the "State Agency Employees Child
Care Services Act", enacted by the 84th General Assembly.
(Source: P.A. 84-1308.)
(20 ILCS 405/405-120 new)
(was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29)
Sec. 405-120. Hispanic and bilingual employees. 67.29.
The Department shall develop and implement plans to increase
the number of Hispanics employed by State government and the
number of bilingual persons employed in State government at
supervisory, technical, professional, and managerial levels.
(Source: P.A. 85-301.)
(20 ILCS 405/405-125 new)
(was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31)
Sec. 405-125. State agency affirmative action and equal
employment opportunity goals. 67.31. The Department shall
assist State agencies required to establish preparation and
promotion training programs under subsection (H) of Section
7-105 of the Illinois Human Rights Act for failure to meet
their affirmative action and equal employment opportunity
goals. The Department shall survey State agencies to
identify effective existing training programs and shall serve
as a resource to other State agencies. The Department shall
assist agencies in the development and modification of
training programs to enable them to meet their affirmative
action and equal employment opportunity goals and shall
provide information regarding other existing training and
educational resources, such as the Upward Mobility Program,
the Illinois Institute for Training and Development, and the
Central Management Services Training Center.
(Source: P.A. 86-1411; 86-1475.)
(20 ILCS 405/405-130 new)
(was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28)
Sec. 405-130. State employees and retirees suggestion
award program. 67.28.
(a) The Department shall assist in the implementation of
a State Employees and Retirees Suggestion Award Program, to
be administered by the Board created in subsection (b). The
program shall encourage and reward improvements in the
operation of State government that which result in
substantial monetary savings. Any State employee, including
management personnel as defined by the Department, any
annuitant under Article 14 of the Illinois Pension Code and
any annuitant under Article 15 of that Code who receives a
retirement or disability retirement annuity, but not
including elected officials and departmental directors, may
submit a cost-saving suggestion to the Board, which shall
direct the suggestion to the appropriate department or agency
without disclosing the identity of the suggester. A
suggester may make a suggestion or include documentation on
matters a department or agency considers confidential, except
where prohibited by federal or State law; and no disciplinary
or other negative action may be taken against the suggester
unless there is a violation of federal or State law.
Suggestions, including documentation, upon receipt, shall
be given confidential treatment and shall not be subject to
subpoena or nor be made public until the agency affected by
it has had the opportunity to request continued
confidentiality. The agency, if it requests continued
confidentiality, shall attest that disclosure would violate
federal or State law or rules and regulations pursuant to
federal or State law thereto or is a matter covered under
Section 7 of the Freedom of Information Act. The Board shall
make its decision on continued confidentiality and, if it so
classifies the suggestion, shall notify the suggester and
agency. A suggestion classified "continued confidential"
shall nevertheless be evaluated and considered for award. A
suggestion that which the Board finds or the suggester states
or implies constitutes a disclosure of information that which
the suggester reasonably believes evidences (1) a violation
of any law, rule, or regulation or (2) mismanagement, a gross
waste of funds, an abuse of authority, or a substantial and
specific danger to public health or safety may be referred to
the appropriate investigatory or law enforcement agency for
consideration for investigation and action. The identity of
the suggester may not be disclosed without the consent of the
suggester during any investigation of the information and any
related matters. Such a suggestion shall also be evaluated
and an award made when appropriate. That portion of Board
meetings that involves the consideration of suggestions
classified "continued confidential" or being considered for
that such classification shall be closed meetings.
The Board may at its discretion make awards for those
suggestions certified by agency or department heads as
resulting in savings to the State of Illinois. Management
personnel shall be recognized for their suggestions as the
Board considers appropriate, but shall not receive any
monetary award. Annuitants and employees, other than
employees who are management personnel, shall receive awards
in accordance with the schedule below. Each award to
employees other than management personnel and awards to
annuitants shall be paid in one lump sum by the Board created
in subsection (b). A monetary award may be increased by
appropriation of the General Assembly.
The amount of each award to employees other than
management personnel and the award to annuitants shall be
determined as follows:
$1.00 to $5,000 savings..................... an amount not
to exceed
$500.00 or a
certificate
of merit, or
both, as
determined
by the Board
more than $5,000 up to $20,000 savings...... $500 award
more than $20,000 up to $100,000 savings.... $1,000 award
more than $100,000 up to $200,000 savings... $2,000 award
more than $200,000 up to $300,000 savings... $3,000 award
more than $300,000 up to $400,000 savings... $4,000 award
more than $400,000.......................... $5,000 award
(b) There is created a State Employees and Retirees
Suggestion Award Board to administer the program described in
subsection (a). The Board shall consist of 8 members
appointed 2 each by the President of the Senate, the and
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives and, as ex-officio, non-voting members, the
directors of the Bureau of the Budget and the Department of
Central Management Services. Each appointing authority shall
designate one initial appointee to serve one year and one
initial appointee to serve 2 years; subsequent terms shall be
2 years. Any vacancies shall be filled for the unexpired
term by the original appointing authority and any member may
be reappointed. Board members shall serve without
compensation but may be reimbursed for expenses incurred in
the performance of their duties. The Board shall annually
elect a chairman from among its number, shall meet monthly or
more frequently at the call of the chairman, and shall
establish necessary procedures, guidelines, and criteria for
the administration of the program. The Board shall annually
report to the General Assembly by January 1 on the operation
of the program, including the nature and cost-savings of
implemented suggestions, and any recommendations for
legislative changes it deems appropriate. The General
Assembly shall make an annual appropriation to the Board for
payment of awards and the expenses of the Board, such as, but
not limited to: travel of the members, preparation of
publicity material, printing of forms and other matter, and
contractual expenses.
(Source: P.A. 86-1019; 86-1027; 87-1009.)
(20 ILCS 405/405-190 new)
(was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27)
Sec. 405-190. Reduced rates and fares for State employee
travel. 67.27. To negotiate with vendors to establish reduced
rates and fares applicable for transportation and lodging for
State employees traveling on official business, and to
publish a directory or listing of those such fares and rates.
The publication shall be made available to all State agencies
in sufficient quantities to maximize utilization of the
reduced rates and fares.
(Source: P.A. 84-346.)
(20 ILCS 405/405-200 new)
(was 20 ILCS 405/67) (from Ch. 127, par. 63b13)
Sec. 405-200. Department's responsibility, generally.
67. The Department of Central Management Services is
responsible for certain State properties, acquisitions, and
services. In performing this responsibility the Department
has the powers and duties set forth in the Sections following
this Section (except Sections 405-220, 405-245, 405-250,
405-255, and 405-260) and in Sections 405-25, 405-30,
405-120, 405-125, and 405-130 67.01 through 67.40.
(Source: P.A. 86-1411; 86-1475; 87-476; 87-895.)
(20 ILCS 405/405-210 new)
(was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21)
Sec. 405-210. State Property Control Act. 67.21. To
administer the State Property Control Act.
(Source: P.A. 76-2028.)
(20 ILCS 405/405-215 new)
(was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22)
Sec. 405-215. Proper utilization of State property.
67.22. To require proper utilization of State property.
(Source: P.A. 76-2028.)
(20 ILCS 405/405-220 new)
(was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9)
Sec. 405-220. Inventorying State property. 35.9. The
Department shall establish regulations for inventorying of
property owned or controlled by the State.
(Source: P.A. 82-783.)
(20 ILCS 405/405-225 new)
(was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9)
Sec. 405-225. Office supply stockrooms. 67.09. To
establish and operate office supply stockrooms where it finds
that the office supply needs of more than one agency may be
more efficiently or economically served by centralized State
distribution and, when those such stockrooms are established,
to prescribe the items to be stocked in and the geographical
area to be served by the stockrooms. The Department shall
purchase stocks of supplies from the Office Supplies
Revolving Fund in accordance with the rules and regulations
of the Department of Central Management Services, be
responsible for the receipt, care, and custody of the such
supplies, and keep detailed records thereof. The Department
shall bill the State agency receiving materials withdrawn
from stock as they are withdrawn.
(Source: P.A. 82-789.)
(20 ILCS 405/405-230 new)
(was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
Sec. 405-230. Forms Notice Act. 67.23. To administer the
provisions of the Forms Notice Act.
(Source: P.A. 90-655, eff. 7-30-98.)
(20 ILCS 405/405-240 new)
(was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5)
Sec. 405-240. Information concerning the State. 67.05.
To publish, from time to time, for the information of the
several departments and of the general public, bulletins of
the work of the government; to collect, compile, and
disseminate information and literature concerning the
industrial, agricultural, and recreational facilities and
advantages, the historic and scenic places of interest, and
the transportation and highway facilities of Illinois; to
encourage and coordinate the efforts of other public and
private organizations or groups of citizens to publicize the
facilities and attractions of Illinois; and to use or, employ
or to contract for the use or employment of whatever
advertising medium it may deem necessary to effectuate the
purposes herein provided in this Section.
(Source: Laws 1967, p. 2788.)
(20 ILCS 405/405-250 new)
(was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a)
Sec. 405-250. Statistical services; use of electronic
data processing equipment. 35.7a. The Department may make
statistical services and the use of electronic data
processing equipment, including necessary telecommunications
lines and equipment, available to local governments, elected
State officials, State educational institutions, and all
other governmental units of the State requesting them. The
Director is empowered to establish prices and charges for the
statistical services so furnished and for the use of the
electronic data processing equipment and necessary
telecommunications lines and equipment. The Such prices and
charges shall be sufficient to reimburse the cost of
furnishing the such services and use of equipment and lines.
(Source: P.A. 83-1332.)
(20 ILCS 405/405-255 new)
(was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8)
Sec. 405-255. Division of Management Information. 35.8.
The Department, through its Division of Management
Information, may make statistical services and the use of
electronic data processing equipment available to local
governments, elected State officials, State educational
institutions, and all other governmental units of the State
requesting them. The Director is empowered to establish
prices and charges for the statistical services so furnished
and for the use of the electronic data processing equipment.
The Such prices and charges shall be sufficient to reimburse
the cost of furnishing the such services and use of
equipment.
(Source: Laws 1967, p. 2655.)
(20 ILCS 405/405-260 new)
(was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c)
Sec. 405-260. Standards for management information
systems. 35.7c. The Department may establish statistical and
protocol standards to provide consistency in the operation
and use of management information systems.
(Source: P.A. 87-817.)
(20 ILCS 405/405-265 new)
(was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8)
Sec. 405-265. Plan to coordinate or centralize
communications among State offices. 67.08. To develop and
implement a comprehensive plan to coordinate or centralize
communications among State offices at different locations.
The plan shall be updated based on a continuing study of
communications problems of State government and shall include
but not be limited to telephone, teletypewriter use in
computer operations, the use of voice, data, and video
communications systems, and any other form of communications
system that which may be applicable. The plan shall take
into consideration systems that which might effect economies,
including but not limited to quantity discount services and,
the use of a common switchboard or Centrex installation for
State agencies for cities, regions of the State, or the
entire State, and may include provision of telecommunications
service to local and federal government entities located
within this State if State interests can be served by so
doing.
(Source: P.A. 84-961.)
(20 ILCS 405/405-270 new)
(was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18)
Sec. 405-270. Telecommunications services. 67.18. To
provide for and co-ordinate telecommunications services for
State agencies and, when requested and when in the best
interests of the State, for units of federal or local
governments, and public and not-for-profit institutions of
primary, secondary, and higher education. The Department may
make use of its satellite uplink available to interested
parties not associated with State government provided that
State government usage shall have first priority. For this
purpose the Department shall have the power and duty to do
all of the following:
(1) (a) Provide for and control the procurement,
retention, installation, and maintenance of
telecommunications equipment or services used by State
agencies in the interest of efficiency and economy.;
(2) (b) Establish standards by January 1, 1989 for
communications services for State agencies which shall
include a minimum of one telecommunication device for the
deaf installed and operational within each State agency,
to provide public access to agency information for those
persons who are hearing or speech impaired. The
Department shall consult the Department of Human Services
to develop standards and implementation for this such
equipment.;
(3) (c) Establish charges (i) for communication
services for State agencies and, when requested, for
units of federal or local government and, public and
not-for-profit institutions of primary, secondary, or
higher education, and (ii) for use of the Department's
satellite uplink by parties not associated with State
government. Entities charged for these such services
shall reimburse the Department of Central Management
Services by vouchers drawn against their respective
appropriations for telecommunications services.;
(4) (d) Instruct all State agencies to report their
usage of telecommunication services regularly to the
Department in the such manner as the Director may
prescribe.;
(5) (e) Analyze the present and future aims and
needs of all State agencies in the area of
telecommunications services and plan to serve those such
aims and needs in the most effective and efficient
manner.; and
(6) (f) Establish the such administrative
organization within the Department that as is required to
accomplish the purpose of this Section.
The Department of Central Management Services is
authorized to conduct a study for the purpose of determining
technical, engineering, and management specifications for the
networking, compatible connection, or shared use of existing
and future public and private owned television broadcast and
reception facilities, including but not limited to
terrestrial microwave, fiber optic, and satellite, for
broadcast and reception of educational, governmental, and
business programs, and to implement those specifications.
However, the Department may not control or interfere with
the input of content into the telecommunications systems by
the several State agencies or units of federal or local
government, or public or not-for-profit institutions of
primary, secondary, and higher education, or users of the
Department's satellite uplink.
As used in this Section, the term "State agencies" means
all departments, officers, commissions, boards, institutions,
and bodies politic and corporate of the State except the
General Assembly, legislative service agencies, and all
officers of the General Assembly.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 405/405-275 new)
(was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33)
Sec. 405-275. Grants for distance learning services.
67.33. To award grants to public community colleges and
education service centers for development and implementation
of telecommunications systems that provide distance learning
services.
(Source: P.A. 87-583; 87-895.)
(20 ILCS 405/405-280 new)
(was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15)
Sec. 405-280. State garages; passenger cars. 67.15. To
supervise and administer all State garages used for the
repair, maintenance, or servicing of State-owned motor
vehicles except those operated by any State college or
university or by the Illinois Mathematics and Science
Academy; and to acquire, maintain, and administer the
operation of the passenger cars reasonably necessary to the
operations of the executive department of the State
government. To this end, the Department of Central
Management Services shall adopt regulations setting forth
guidelines for the acquisition, use, maintenance, and
replacement of motor vehicles, including the use of ethanol
blended gasoline whenever feasible, used by the executive
department of State government; and shall occupy the space
and take possession of the personnel, facilities, equipment,
tools, and vehicles that which are in the possession or under
the administration of the former Department of Administrative
Services for these purposes on July 13, 1982 (the effective
date of Public Act 82-789); this amendatory Act of 1982 and
shall, from time to time, acquire any such further,
additional, and replacement facilities, space, tools, and
vehicles that as are reasonably necessary for the purposes
described in this Section.
(Source: P.A. 86-109; 87-373.)
(20 ILCS 405/405-285 new)
(was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16)
Sec. 405-285. Fees for maintaining motor vehicles. 67.16.
To charge, collect, and receive from all other agencies of
the State government fees or moneys equivalent to the costs
of repairing, servicing, and maintaining motor vehicles used
by those such other agencies under Section 405-280 67.15 of
this Act. All contracts let under the provisions of this Law
Act shall be awarded in accordance with the applicable
requirements of the Illinois Purchasing Act.
(Source: P.A. 80-161.)
(20 ILCS 405/405-290 new)
(was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32)
Sec. 405-290. Retread replacement tires on State owned
vehicles. 67.32. The Department shall develop and implement
a program to use retreads as replacement tires on State owned
vehicles wherever possible.
(Source: P.A. 87-476.)
(20 ILCS 405/405-295 new)
(was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30)
Sec. 405-295. Decreased energy consumption. 67.30. The
Department of Central Management Services may enter into
contracts for equipment or services designed to decrease
energy consumption in State programs and, State owned or
controlled buildings, or equipment. Prior to entering into
any such contract for a State owned building, the Department
shall consult with the Executive Director of the Capital
Development Board. The Department may consult with the
Department of Commerce and Community Affairs regarding any
aspect of energy consumption projects.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 405/405-300 new)
(was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
Sec. 405-300. Lease or purchase of facilities; training
programs. 67.02.
(a) To lease or purchase office and storage space,
buildings, land, and other facilities for all State agencies,
authorities, boards, commissions, departments, institutions,
and bodies politic and all other administrative units or
outgrowths of the executive branch of State government except
the Constitutional officers, the State Board of Education and
the State colleges and universities and their governing
bodies. However, before leasing or purchasing any office or
storage space, buildings, land or other facilities in any
municipality the Department shall survey the existing
State-owned and State-leased property to make a determination
of need.
The such leases shall be for a term not to exceed 5
years, except that the such leases may contain a renewal
clause subject to acceptance by the State after that date or
an option to purchase. The Such purchases shall be made
through contracts that (i) which may provide for the title to
the property to transfer immediately to the State or a
trustee or nominee for the benefit of the State, (ii) and
which shall: provide for the consideration to be paid in
installments to be made at stated intervals during a certain
term not to exceed 30 years from the date of the contract,
and (iii) may provide for the payment of interest on the
unpaid balance at a rate that does not exceed a rate
determined by adding 3 percentage points to the annual yield
on United States Treasury obligations of comparable maturity
as most recently published in the Wall Street Journal at the
time such contract is signed. The Such leases and purchase
contracts shall be and shall recite that they are subject to
termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the
rent or purchase installments payable under the terms of the
lease or purchase contract. Additionally, the such purchase
contract shall specify that title to the office and storage
space, buildings, land, and other facilities being acquired
under the such a contract shall revert to the Seller in the
event of the failure of the General Assembly to appropriate
suitable funds. However, this limitation on the term of the
such leases does not apply to leases to and with the Illinois
Building Authority, as provided for in the Act enacted by the
Seventy-second General Assembly entitled the Building
Authority Act., which Leases to and with that said Authority
may be entered into for a term not to exceed 30 years and
shall be and shall recite that they are subject to
termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the
rent payable under the terms of the such lease. These
limitations do not apply if where the lease or purchase
contract contains a provision limiting the liability for the
payment of the rentals or installments thereof solely to
funds received from the Federal government.
(b) To lease from an airport authority office, aircraft
hangar, and service buildings constructed upon a public
airport under the Airport Authorities Act for the use and
occupancy of the State Department of Transportation. The,
which lease may be entered into for a term not to exceed 30
years.
(c) To establish training programs for teaching State
leasing procedures and practices to new employees of the
Department and to keep all employees of the Department
informed about current leasing practices and developments in
the real estate industry.
(d) To enter into an agreement with a municipality or
county to construct, remodel, or convert a structure for the
purposes of its serving as a correctional institution or
facility pursuant to paragraph (c) of Section 3-2-2 of the
Unified Code of Corrections.
(e) To enter into an agreement with a private
individual, trust, partnership, or corporation or a
municipality or other unit of local government, when
authorized to do so by the Department of Corrections, whereby
that such individual, trust, partnership, or corporation or
municipality or other unit of local government will
construct, remodel, or convert a structure for the purposes
of its serving as a correctional institution or facility and
then lease the such structure to the Department for the use
of the Department of Corrections. A lease entered into
pursuant to the authority granted in this subsection shall be
for a term not to exceed 30 years, but may grant to the State
the option to purchase the structure outright.
The Such leases shall be and shall recite that they are
subject to termination and cancellation in any year for which
the General Assembly fails to make an appropriation to pay
the rent payable under the terms of the lease.
(f) On and after September 17, 1983, the powers granted
to the Department under this Section shall be exercised
exclusively by the Department, and no other State agency may
concurrently exercise any such power, unless specifically
authorized otherwise by a later enacted law. This subsection
is not intended to impair any contract existing as of
September 17, 1983.
However, no lease for more than 10,000 square feet of
space shall be executed unless the Director, in consultation
with the Executive Director of the Capital Development Board,
has certified that leasing is in the best interest of the
State, considering programmatic requirements, availability of
vacant State-owned space, the cost-benefits of purchasing or
constructing new space, and other criteria as he or she shall
determine. The Director shall not permit multiple leases for
less than 10,000 square feet to be executed in order to evade
this provision.
(g) To develop and implement, in cooperation with the
Interagency Energy Conservation Committee, a system for
evaluating energy consumption in facilities leased by the
Department, and to develop energy consumption standards for
use in evaluating prospective lease sites.
(h) (1) After June 1, 1998 (the effective date of Public
this amendatory Act 90-520) of 1997, the Department shall
not enter into an agreement for the installment purchase
or lease purchase of buildings, land, or facilities
unless:
(A) the using agency certifies to the
Department that the agency reasonably expects that
the building, land, or facilities being considered
for purchase will meet a permanent space need;
(B) the building or facilities will be
substantially occupied by State agencies after
purchase (or after acceptance in the case of a build
to suit);
(C) the building or facilities shall be in new
or like new condition and have a remaining economic
life exceeding the term of the contract;
(D) no structural or other major building
component or system has shall have a remaining
economic life of less than 10 years;
(E) the building, land, or facilities:
(i) is free of any identifiable
environmental hazard, or
(ii) is subject to a management plan,
provided by the seller and acceptable to the
State, to address the known environmental
hazard;
(F) the building, land, or facilities satisfy
applicable handicap accessibility and applicable
building codes; and
(G) the State's cost to lease purchase or
installment purchase the building, land, or
facilities is less than the cost to lease space of
comparable quality, size, and location over the
lease purchase or installment purchase term.
(2) The Department shall establish the methodology
for comparing lease costs to the costs of installment or
lease purchases. The cost comparison shall take into
account all relevant cost factors, including, but not
limited to, debt service, operating and maintenance
costs, insurance and risk costs, real estate taxes,
reserves for replacement and repairs, security costs, and
utilities. The Such methodology shall also provide:
(A) that the comparison will be made using
level payment plans; and
(B) that a purchase price must not exceed the
fair market value of the buildings, land, or
facilities, and that the purchase such price must be
substantiated by an appraisal or by a competitive
selection process.
(3) If the Department intends to enter into an
installment purchase or lease purchase agreement for
buildings, land, or facilities under circumstances that
do not satisfy the conditions specified by this Section,
it must issue a notice to the Secretary of the Senate and
the Clerk of the House. The Such notice shall contain
(i) specific details of the State's proposed purchase,
including the amounts, purposes, and financing terms;
(ii) a specific description of how the proposed purchase
varies from the procedures set forth in this Section; and
(iii) a specific justification, signed by the Director,
stating of why it is in the State's best interests to
proceed with the purchase. The Department may not
proceed with such an installment purchase or lease
purchase agreement if, within 60 calendar days after
delivery of the notice, the General Assembly, by joint
resolution, disapproves the transaction. Delivery may
take place on a day and at an hour when the Senate and
House are not in session so long as the offices of
Secretary and Clerk are open to receive the notice. In
determining the 60-day 60 day period within which the
General Assembly must act, the day on which delivery is
made to the Senate and House shall not be counted. If
delivery of the notice to the 2 houses occurs on
different days, the 60-day 60 day period shall begin on
the day following the later delivery.
(4) On or before February 15 of each year, the
Department shall submit an annual report to the Director
of the Bureau of the Budget and the General Assembly
regarding installment purchases or lease purchases of
buildings, land, or facilities that were entered into
during the preceding calendar year. The report shall
include a summary statement of the aggregate amount of
the State's obligations under those such purchases;
specific details pertaining to each purchase, including
the amounts, purposes, and financing terms and payment
schedule for each purchase; and any other matter that the
Department deems advisable.
The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the
report with the Auditor General, the Speaker, the
Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader,
and the Secretary of the Senate, the Chairs of the
Appropriations Committees, and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and filing such additional copies with
the State Government Report Distribution Center for the
General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 90-520, eff. 6-1-98.)
(20 ILCS 405/405-305 new)
(was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6)
Sec. 405-305. Lease of unused or unproductive State
land. 67.06. To lease the unused or unproductive land under
the jurisdiction of any of the several departments on such
terms and conditions that as in the judgment of the Director
are in the best interests of the State.
(Source: Laws 1967, p. 2788.)
(20 ILCS 405/405-310 new)
(was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7)
Sec. 405-310. Transfer of realty. 67.07. To transfer any
realty under the jurisdiction of the Department to any other
State agency and to accept a transfer of realty from the
federal government.
(Source: Laws 1967, p. 2788.)
(20 ILCS 405/405-315 new)
(was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24)
Sec. 405-315. Management of State buildings; security
force; fees. 67.24.
(a) To manage, operate, maintain, and preserve from
waste the State buildings listed below. The Department may
rent portions of these and other State buildings when in the
judgment of the Director those such leases will be in the
best interests of the State. The Such leases shall not
exceed 5 five years unless a greater term is specifically
authorized.
a. Peoria Regional Office Building
5415 North University
Peoria, Illinois 61614
b. Springfield Regional Office Building
4500 South 6th Street
Springfield, Illinois 62703
c. Champaign Regional Office Building
2125 South 1st Street
Champaign, Illinois 61820
d. Illinois State Armory Building
124 East Adams
Springfield, Illinois 62706
e. Marion Regional Office Building
2209 West Main Street
Marion, Illinois 62959
f. Kenneth Hall Regional State Office
Building
#10 Collinsville Avenue
East St. Louis, Illinois 62201
g. Rockford Regional Office Building
4402 North Main Street
P.O. Box 915
Rockford, Illinois 61105
h. State of Illinois Building
160 North LaSalle
Chicago, Illinois 60601
i. Office and Laboratory Building
2121 West Taylor Street
Chicago, Illinois 60602
j. Central Computer Facility
201 West Adams
Springfield, Illinois 62706
k. Elgin Office Building
595 South State Street
Elgin, Illinois 60120
l. James R. Thompson Center
Bounded by Lake, Clark, Randolph and
LaSalle Streets
Chicago, Illinois
m. The following buildings located within the Chicago
Medical Center District:
1. Lawndale Day Care Center
2929 West 19th Street
2. Edwards Center
2020 Roosevelt Road
3. Illinois Center for
Rehabilitation and Education
1950 West Roosevelt Road and 1151 South Wood Street
4. Department of Children and
Family Services District Office
1026 South Damen
5. The William Heally School
1731 West Taylor
6. Administrative Office Building
1100 South Paulina Street
7. Metro Children and Adolescents Center
1601 West Taylor Street
n. E.J. "Zeke" Giorgi Center
200 Wyman Street
Rockford, Illinois
o. Suburban North Facility
9511 Harrison
Des Plaines, Illinois
p. The following buildings located within the Revenue
Center in Springfield:
1. State Property Control Warehouse
11th & Ash
2. Illinois State Museum Research & Collections
Center
1011 East Ash Street
q. Effingham Regional Office Building
401 Industrial Drive
Effingham, Illinois
r. Portions or all of the basement and
ground floor of the
State of Illinois Building
160 North LaSalle
Chicago, Illinois 60601
may be leased to persons, firms, partnerships, associations,
or individuals for terms not to exceed 15 years when in the
judgment of the Director those such leases will be in the
best interests of the State.
Portions or all of the commercial space, which includes
the sub-basement, storage mezzanine, concourse, and ground
and second floors of the
James R. Thompson Center
Bounded by Lake, Clark, Randolph and LaSalle Streets
Chicago, Illinois
may be leased to persons, firms, partnerships, associations,
or individuals for terms not to exceed 15 years subject to
renewals when in the judgment of the Director those such
leases will be in the best interests of the State.
The Director is authorized to rent portions of the above
described facilities to persons, firms, partnerships,
associations, or individuals for terms not to exceed 30 days
when those such leases will not interfere with State usage of
the facility. This authority is meant to supplement and shall
not in any way be interpreted to restrict the Director's
ability to make portions of the State of Illinois Building
and the James R. Thompson Center available for long-term
commercial leases.
Provided however, that all rentals or fees charged to
persons, firms, partnerships, associations, or individuals
for any lease or use of space in the above described
facilities made for terms not to exceed 30 days in length
shall be deposited in a special fund in the State treasury to
be known as the Special Events Revolving Fund.
Notwithstanding the provisions above, the Department of
Children and Family Services and the Department of Human
Services (as successor to the Department of Rehabilitation
Services and the Department of Mental Health and
Developmental Disabilities) shall determine the allocation of
space for direct recipient care in their respective
facilities. The Department of Central Management Services
shall consult with the affected agency in the allocation and
lease of surplus space in these facilities. Potential lease
arrangements shall not endanger the direct recipient care
responsibilities in these facilities.
(b) To appoint, subject to the "Personnel Code", as
amended, persons to be members of a police and security
force. Members of the security force shall be peace officers
when performing duties pursuant to this Section and as such
shall have all of the powers possessed by policemen in
cities, and sheriffs, including the power to make arrests on
view or issue citations for violations of State statutes or
city or county ordinances, except that in counties of more
than 1,000,000 population, any powers created by this
subsection shall be exercised only (i) when necessary to
protect the property, personnel, or any interests of the
Department of Central Management Services or any State agency
for whom the Department manages, operates, or maintains
property, or (ii) when specifically requested by appropriate
State or local law enforcement officials, and except that
within counties of 1,000,000 or less population, these such
powers shall be exercised only when necessary to protect the
property, personnel, or any interests of the State of
Illinois, and only while on property managed, operated, or
maintained by the Department.
Nothing in this subsection shall be construed so as to
make it conflict with any provisions of, or rules promulgated
under, the "Personnel Code".
(c) To charge reasonable fees to all State agencies
utilizing facilities operated by the Department for occupancy
related fees and charges. All fees collected under this
subsection shall be deposited in a special fund in the State
treasury known as the Facilities Management Revolving Fund.
As used in this subsection, the term "State agencies" means
all departments, officers, commissions, institutions, boards,
and bodies politic and corporate of the State.
(Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376,
eff. 8-18-95; 89-507, eff. 7-1-97.)
(20 ILCS 405/405-320 new)
(was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25)
Sec. 405-320. Multi-use State facility at Collinsville;
State Police district headquarters at Sterling. 67.25.
(a) To enter into an agreement with a private
individual, trust, partnership, or corporation or a
municipality or other unit of local government whereby that
such individual, trust, partnership, or corporation or
municipality or other unit of local government will construct
a structure in the vicinity of Collinsville, Illinois for the
purposes of its serving as a multi-use State facility and
then lease that such structure to the Department for the use
of the Department of Transportation and other State agencies.
(b) To enter into an agreement with a municipality or
other unit of local government whereby the municipality or
other unit of local government will construct a structure in
the vicinity of Sterling, Illinois for the purposes of its
serving as a Department of State Police district headquarters
and then lease the structure to the Department for the use of
the Illinois State Police. The Director of the Department of
Central Management Services is further authorized to convey
the existing Illinois State Police headquarters at Sterling
to the City of Sterling, Illinois, a municipal corporation,
at a value established by the average of 3 three appraisals
in exchange for a deduction of equal value against any
amounts due the municipality under the State's contract to
acquire a State Police district headquarters at Sterling.
(c) A lease entered into pursuant to the authority
granted in this Section Act shall be for a term not to exceed
30 years but may grant to the State the option to purchase
the structure outright.
(d) The lease shall be approved by the heads of the
agencies occupying the facility and shall be and shall recite
that it is subject to termination and cancellation in any
year for which the General Assembly fails to make an
appropriation to pay the rent payable under the terms of the
lease.
(Source: P.A. 86-1338.)
(20 ILCS 405/405-325 new)
(was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26)
Sec. 405-325. Mental health facility at Dixon. 67.26.
To enter into an agreement with a private individual, trust,
partnership, or corporation or a municipality or other unit
of local government whereby that such individual, trust,
partnership, or corporation or municipality or other unit of
local government will construct a structure in the vicinity
of Dixon, Illinois for the purposes of its serving as a
mental health facility and then lease that such structure to
the Department for the use of the Department of Human
Services.
A lease entered into pursuant to the authority granted in
this Section Act shall be for a term not to exceed 30 years
but may grant to the State the option to purchase the
structure outright.
The lease shall be approved by the Secretary of Human
Services and shall be and shall recite that it is subject to
termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the
rent payable under the terms of the lease.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 405/405-400 new)
(was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1)
Sec. 405-400. Successor to Department of Administrative
Services and Department of Personnel. 34.1. The Department
of Central Management Services shall assume all rights,
powers, duties, and responsibilities of the Department of
Administrative Services and the Department of Personnel as
the successor to those departments. The Department of
Administrative Services, the Department of Personnel, and the
Advisory Board to the Department of Personnel are abolished.
Personnel, books, records, papers, documents, property,
real and personal, unexpended appropriations, and pending
business in any way pertaining to the former Department of
Administrative Services and the former Department of
Personnel are transferred to the Department of Central
Management Services, but any rights of employees or the State
under the "Personnel Code" or any other contract or plan
shall be unaffected by this transfer hereby. No rule or
regulation promulgated by the former Department of
Administrative Services or the former Department of Personnel
pursuant to an exercise of any right, power, duty, or
responsibility transferred to the Department of Central
Management Services shall be affected by Public Act 82-789
this amendatory Act of 1982, and all such rules and
regulations shall become the rules and regulations of the
Department of Central Management Services.
(Source: P.A. 82-789.)
(20 ILCS 405/405-500 new)
(was 20 ILCS 405/67.35)
Sec. 405-500. 67.35. Matters relating to the Office of
the Lieutenant Governor.
(a) It is the purpose of this Section to provide for the
administration of the affairs of the Office of the Lieutenant
Governor during a period when the Office of Lieutenant
Governor is vacant.
It is the intent of the General Assembly that all powers
and duties of the Lieutenant Governor assumed and exercised
by the Director of Central Management Services, the
Department of Central Management Services, or another
Director, State employee, or State agency designated by the
Governor under the provisions of Public Act 90-609 this
amendatory Act of 1998 be reassumed by the Lieutenant
Governor on January 11, 1999.
(b) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Director of Central
Management Services shall assume and exercise the powers and
duties given to the Lieutenant Governor under the Illinois
Commission on Community Service Act, Section 46.53 of the
Civil Administrative this Code of Illinois (renumbered; now
Section 605-75 of the Department of Commerce and Community
Affairs Law, 20 ILCS 605/605-75) (relating to the Keep
Illinois Beautiful program), Section 12-1 of the State
Finance Act, the Gifts and Grants to Government Act, and the
Illinois Distance Learning Foundation Act.
The Director of Central Management Services shall not
assume or exercise the powers and duties given to the
Lieutenant Governor under the Rural Bond Bank Act.
(c) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services shall assume and exercise the powers and
duties given to the Office of the Lieutenant Governor under
Section 2-3.112 of the School Code, the Illinois River
Watershed Restoration Act, the Illinois Wildlife Prairie Park
Act, Section 12-1 of the State Finance Act, and the Illinois
Distance Learning Foundation Act.
(c-5) Notwithstanding subsection (c): (i) the Governor
shall appoint an interim member, who shall be interim
chairperson, of the Illinois River Coordinating Council while
the office of the Lieutenant Governor is vacant until January
11, 1999 and (ii) the Governor shall appoint an interim
member, who shall be interim chairperson, of the Illinois
Wildlife Prairie Park Commission while the office of the
Lieutenant Governor is vacant until January 11, 1999.
(d) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services may assume and exercise the powers and
duties that have been delegated to the Lieutenant Governor by
the Governor.
(e) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, appropriations to the Office
of the Lieutenant Governor may be obligated and expended by
the Department of Central Management Services, with the
authorization of the Director of Central Management Services,
for the purposes specified in those appropriations. These
obligations and expenditures shall continue to be accounted
for as obligations and expenditures of the Office of the
Lieutenant Governor.
(f) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, all employees of the Office of
the Lieutenant Governor who are needed to carry out the
responsibilities of the Office are temporarily reassigned to
the Department of Central Management Services. This
reassignment shall not be deemed to constitute new employment
or to change the terms or conditions of employment or the
qualifications required of the employees, except that the
reassigned employees shall be subject to supervision by the
Department during the temporary reassignment period.
(g) Until January 11, 1999, while the office of
Lieutenant Governor is vacant, the Department of Central
Management Services shall temporarily assume and exercise the
powers and duties of the Office of the Lieutenant Governor
under contracts to which the Office of the Lieutenant
Governor is a party. The assumption of rights and duties
under this subsection shall not be deemed to change the terms
or conditions of the contract.
The Department of Central Management Services may amend,
extend, or terminate any such contract in accordance with its
terms; may agree to terminate a contract at the request of
the other party; and may, with the approval of the Governor,
enter into new contracts on behalf of the Office of the
Lieutenant Governor.
(h) The Governor may designate a State employee or
director other than the Director of Central Management
Services or a State agency other than the Department of
Central Management Services to assume and exercise any
particular power or duty that would otherwise be assumed and
exercised by the Director of Central Management Services or
the Department of Central Management Services under
subsection (b), (c), or (d) of this Section.
Except as provided below, if the Governor designates a
State employee or director other than the Director of Central
Management Services or a State agency other than the
Department of Central Management Services, that person or
agency shall be responsible for those duties set forth in
subsections (e), (f), and (g) that directly relate to the
designation of duties under subsections (b), (c), and (d).
If the Governor's designation relates to duties of the
Commission on Community Service or the Distance Learning
Foundation, the Director of Central Management Services and
the Department of Central Management Services may, if so
directed by the Governor, continue to be responsible for
those duties set forth in subsections (e), (f), and (g)
relating to that designation.
(i) Business transacted under the authority of this
Section by entities other than the Office of the Lieutenant
Governor shall be transacted on behalf of and in the name of
the Office of the Lieutenant Governor. Property of the
Office of the Lieutenant Governor shall remain the property
of that Office and may continue to be used by persons
performing the functions of that Office during the vacancy
period, except as otherwise directed by the Governor.
(Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.)
(20 ILCS 510/Art. 510 heading new)
ARTICLE 510. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
(20 ILCS 510/510-1 new)
Sec. 510-1. Article short title. This Article 510 of
the Civil Administrative Code of Illinois may be cited as the
Department of Children and Family Services Powers Law.
(20 ILCS 510/510-5 new)
Sec. 510-5. Definition. As used in this Article 30,
"Department" means the Department of Children and Family
Services.
(20 ILCS 510/510-10 new)
(was 20 ILCS 510/65) (from Ch. 127, par. 63b11)
Sec. 510-10. Powers, generally. 65. The Department of
Children and Family Services has the powers enumerated in the
following Sections 65.1 through 65.8.
(Source: P.A. 86-610.)
(20 ILCS 510/510-15 new)
(was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1)
Sec. 510-15. Children and Family Services Act. The
Department has the power 65.1. to administer the "An Act
creating the Department of Children and Family Services Act,
codifying its powers and duties, and repealing certain Acts
and Sections herein named".
(Source: Laws 1967, p. 4089.)
(20 ILCS 510/510-20 new)
(was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
Sec. 510-20. Juveniles. The Department has the power
65.4. to exercise the powers and fulfill the duties assigned
the Department by the Juvenile Court Act of 1987.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 510/510-25 new)
(was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5)
Sec. 510-25. Child Care Act of 1969; injunction. The
Department has the power 65.5. to initiate injunction
proceedings whenever wherever it appears to the Director of
Children and Family Services that any person, group of
persons, or corporation is engaged or about to engage in any
acts or practices that which constitute or will constitute a
violation of the "Child Care Act of 1969", approved May 15,
1969, as amended, or any rule or regulation prescribed under
the authority of that Act thereof. The Director of Children
and Family Services may, in his or her discretion, through
the Attorney General apply for an injunction to enforce the
Act, rule, or regulation., and Upon a proper showing, any
circuit court may enter a permanent or preliminary injunction
or a temporary restraining order without bond to enforce the
Act, rule, or regulation those Acts in addition to the
penalties and other remedies provided in the Act, rule, or
regulation those Acts. Appeals may be taken as in other civil
cases.
(Source: P.A. 83-1362.)
(20 ILCS 510/510-30 new)
(was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6)
Sec. 510-30. Escaped inmates. The Department has the
power 65.6. to exercise the powers and fulfill the duties
assigned the Department by the Escaped Inmate Damages Act "An
Act concerning damages caused by escaped inmates of
charitable, penal, reformatory or other institutions over
which the State has control", approved June 21, 1935, as
heretofore and hereafter amended.
(Source: Laws 1967, p. 4089.)
(20 ILCS 510/510-35 new)
(was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7)
Sec. 510-35. State agency employees child care services.
The Department has the power 65.7. to advise the Department
of Central Management Services concerning the provision of
child care services pursuant to the "State Agency Employees
Child Care Services Act", enacted by the 84th General
Assembly.
(Source: P.A. 84-652.)
(20 ILCS 510/510-95 new)
(was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3)
Sec. 510-95. Statutory responsibilities pertaining to
children. The Department has the power 65.3. to administer
the "Child Care Act (repealed)" and the such other
responsibilities pertaining to children that as are delegated
to the Department by statute.
(Source: Laws 1967, p. 4089.)
(20 ILCS 510/510-100 new)
(was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8)
Sec. 510-100. Criminal history record information. 65.8.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of subsection 22 of Section
2605-400 55a of "the Department of State Police Law (20 ILCS
2605/2605-400) Civil Administrative Code of Illinois", the
Department of State Police is authorized to furnish, pursuant
to positive identification, the such information contained in
State files that as is necessary to fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 510/510-200 new)
(was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2)
Sec. 510-200. Police and security force. The Department
has the power 65.2. to appoint, subject to the "Personnel
Code", persons to be members of a police and security force.
Members of the police and security force shall be peace
officers and as such have all powers possessed by policemen
in cities, and sheriffs, including the power to make arrests
on view or on warrants of violations of State statutes or
city or county ordinances. These powers may, however, be
exercised only in counties of more than 500,000 population
when required for the protection of Department properties,
interests, and personnel, or when specifically requested by
appropriate State or local law enforcement officials. Members
of the police and security force may not serve and execute
civil process processes.
(Source: Laws 1967, p. 4089.)
(20 ILCS 605/Art. 605 heading new)
ARTICLE 605. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
(20 ILCS 605/605-1 new)
Sec. 605-1. Article short title. This Article 605 of the
Civil Administrative Code of Illinois may be cited as the
Department of Commerce and Community Affairs Law.
(20 ILCS 605/605-5 new)
(was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
Sec. 605-5. Definitions. As used in the Sections
following after this Section: and before Section 47.2,
"Department" means the Department of Commerce and
Community Affairs.
"Director" means the Director of Commerce and Community
Affairs.
"Local government" means every county, municipality,
township, school district, and other local political
subdivision having authority to enact laws and ordinances, to
administer laws and ordinances, to raise taxes, or to expend
funds.
(Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
eff. 12-2-94.)
(20 ILCS 605/605-10 new)
(was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
Sec. 605-10. 46.1. Powers and duties. The Department of
Commerce and Community Affairs has the powers and duties
enumerated in the Sections following after this Section and
before Section 47.2.
(Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
eff. 12-2-94.)
(20 ILCS 605/605-15 new)
(was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22)
Sec. 605-15. Cooperation with other departments,
agencies, and institutions. 46.22. To cooperate with other
departments, agencies, and institutions of this State in the
collecting and assembling of information and to enter into
agreements with those such other departments, agencies, and
institutions, upon such terms that are as may be mutually
agreed upon, to have conducted such studies and research that
conducted as may be necessary and proper.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-20 new)
(was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29)
Sec. 605-20. Charges; gifts and grants; Economic Research
and Information Fund. 46.29.
(a) To establish and collect charges and to accept
gifts, grants, awards, matching contributions, financial
participations, and cost sharings from individuals,
businesses, governments, and other third party sources, on
such terms and conditions that as the Director deems
advisable, for any or all of the following purposes:
(1) Preparing, producing, and disseminating
economic research material and information in various
formats and media.
(2) Preparing, producing, and disseminating
economic development strategies and planning products
prepared as a guidance of the Illinois economy.
(3) Planning, facilitating, entering into, and
conducting public, private, or both public and private
sector partnerships and other joint venture economic
research, strategic planning, and pilot, and
demonstration projects that have as their purpose
fostering increased understanding of the Illinois economy
and the development, evaluation, and implementation of
policies and strategies to foster economic growth.
(4) Planning, facilitating, and conducting
information dissemination and training outreach
conferences, workshops, symposia, and award recognition
ceremonies.
(b) The Economic Research and Information Fund is
created as a special fund in the State treasury, and all
monies received pursuant to this Section shall be deposited
into that Fund. Monies in the Economic Research and
Information Fund may be expended for purposes consistent with
the conditions under which those monies are received, subject
to appropriations made by the General Assembly for those
purposes.
(Source: P.A. 88-407.)
(20 ILCS 605/605-25 new)
(was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a)
Sec. 605-25. Charges, gifts, and grants for promotional
products and services; International and Promotional Fund.
46.30a.
(a) To establish, levy, and collect fees and charges and
accept gifts, grants, and awards from other governmental
entities, for profit organizations, and nonprofit
associations in association with or as consideration for the
provision of various promotional products and services
through its tourism, films production promotion, and
international business promotion programs. The Director may
establish and collect nominal charges for premiums and other
promotional materials produced or acquired as part of the
Department's activities authorized under the Illinois
Promotion Act from individuals and not-for-profit
organizations intending to use those such premiums and
promotional materials for purposes consistent with the
provisions of the Illinois Promotion Act, provided, however,
that other State agencies shall be charged no more than the
cost of the premium or promotional material to the
Department.
(b) The Director may collect cost reimbursement monies
from films and media production entities for police and
related production security services in amounts determined by
the provider of the such security services and agreed to by
the production entity. The Such reimbursements shall only
result only from the agreed costs of planned police and
security services to be rendered to film and media production
sites in the State of Illinois.
(c) The Director may establish and collect cost-sharing
assessments and fees and accept gifts, grants, and awards
from private businesses, trade associations, other
governmental entities, and individuals desiring to
participate in and support the development and conduct of
overseas trade, catalog, and distributor shows and activities
and to purchase informational materials to foster export
sales of Illinois products and services as part of the
Department's international business programs.
(d) All money received pursuant to this Section shall be
deposited into in the International and Promotional Fund
within the State treasury which is hereby created; monies
within the such Fund shall be appropriated only for
expenditure pursuant to this Section.
(Source: P.A. 90-26, eff. 7-1-97.)
(20 ILCS 605/605-30 new)
(was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41)
Sec. 605-30. State and federal programs, grants, and
subsidies. 46.41. The Department shall use the such State and
federal programs, grants, and subsidies that as are available
to assist in the discharge of the provisions of the Civil
Administrative Code of Illinois this Act.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-35 new)
(was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43)
Sec. 605-35. Federal moneys for general administration;
Intra-Agency Services Fund. 46.43. Moneys recovered from
federal programs for general administration that are received
by the Department of Commerce and Community Affairs shall be
deposited into a separate fund in the State treasury to be
known as the Intra-Agency Services Fund.
(Source: P.A. 86-1175; 87-130; 87-1177.)
(20 ILCS 605/605-40 new)
(was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2)
Sec. 605-40. State Technical Services Act Fund. 47.2. The
following funds collected and received by the Department of
Commerce and Community Affairs shall be paid to the State
Treasurer for deposit in the State Technical Services Act
Fund outside the State Treasury:
(1) (a) Funds received or collected from the
federal government to defray the cost of programs and
activities conducted under the State Technical Services
Act of 1965, Public Law 89-182, as now and hereafter
amended, or under any other Act of Congress by which
federal funds are made available for those such
purposes., and
(2) (b) Funds received or collected from colleges,
universities, nonprofit organizations, or other
participants in programs and activities conducted under
Section 605-370 46.28.
All disbursements from the such Fund shall be made only
upon warrants of the State Comptroller drawn upon the State
Treasurer as custodian of the fund upon vouchers signed by
the Director of Commerce and Community Affairs or by the
person or persons designated by the Director him for that
such purpose. The Comptroller is authorized to draw the such
warrant upon vouchers so signed. The State Treasurer shall
accept all warrants so signed and shall be released from
liability for all payments made on those warrants thereon.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-50 new)
(was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51)
Sec. 605-50. Expenditures for purposes of Build Illinois
Act. 46.51. To expend appropriations for the purposes
contained in the Build Illinois Act, enacted by the 84th
General Assembly.
(Source: P.A. 84-109.)
(20 ILCS 605/605-55 new)
(was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21)
Sec. 605-55. Contracts and other acts to accomplish
Department's duties. 46.21. To make and enter into contracts,
including but not limited to making grants and loans to those
units of local government and non-profit corporations
specified by the General Assembly pursuant to appropriations
by the General Assembly from the Build Illinois Bond Fund and
the Build Illinois Purposes Fund, and generally to do all
such things that as, in its judgment, may be necessary,
proper, and expedient in accomplishing its duties.
(Source: P.A. 85-288.)
(20 ILCS 605/605-65 new)
(was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52)
Sec. 605-65. Grants under Gang Control Grant Act. 46.52.
To award grants to community-based groups, as defined in the
Gang Control Grant Act "An Act to provide for grants to
community groups and to assist local government programs for
gang control, amending certain Acts therein named", veto
overridden October 31, 1985.
(Source: P.A. 84-1308; 84-1400; 84-1438.)
(20 ILCS 605/605-75 new)
(was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
Sec. 605-75. 46.53. Keep Illinois Beautiful.
(a) There is created the Keep Illinois Beautiful Program
Advisory Board consisting of 7 members appointed by the
Governor with the advice and consent of the Senate. Of those
7, 4 shall be appointed from a list of at least 10 names
submitted by the boards of directors from the various
certified community programs. Each certified community
program may submit only one recommendation to be considered
by the Governor. The Lieutenant Governor or his or her
designee shall be a member and serve as Chairman, except that
(i) when Section 6 of Article V of the Illinois Constitution
is operative the officer next in line of succession shall
serve as Chairman and (ii) until January 11, 1999, while the
office of Lieutenant Governor is otherwise vacant, the powers
and duties of the Lieutenant Governor under this Section
shall be carried out as provided in Section 67.35 of the
Civil Administrative Code of Illinois (renumbered; now
Section 405-500 of the Department of Central Management
Services Law, 20 ILCS 405/405-500). The Board shall meet at
least quarterly at the discretion of the Chairman and at such
other times as the Chairman or any 4 members consider
necessary. Four members shall constitute a quorum.
(b) The purpose of the Board shall be to assist local
governments and community organizations in:
(1) Educating the public about the need for
recycling and reducing solid waste.;
(2) Promoting the establishment of recycling and
programs that reduce litter and other solid waste through
re-use and diversion.;
(3) Developing local markets for recycled
products.;
(4) Cooperating with other State agencies and with
local governments having environmental responsibilities.;
(5) Seeking funding from governmental and
non-governmental sources.
(c) The Lieutenant Governor shall employ and fix the
salary of a Statewide coordinator who, to the extent
possible, shall assist local governments and community
organizations that plan to implement programs set forth in
subsection (b). The Board shall establish guidelines for the
certification by the Board of local governments and community
organizations. The Such guidelines shall be approved by a
majority of the members of the Board.
The Statewide coordinator may encourage local governments
and community organizations to apply for certification of
programs by the Board. However, the Statewide coordinator
shall give equal consideration to newly certified programs
and older certified programs.
The Statewide coordinator shall submit proposed programs
to the Board. The Board shall approve program proposals by a
majority vote of the quorum present. In no event shall the
Board veto a program by a vote of fewer than 4 members. A
vetoed proposal may be resubmitted to the Board by the
Statewide coordinator after necessary changes in the proposal
have been made.
(d) The Keep Illinois Beautiful Fund is created as a
special fund in the State treasury. Moneys from any public
or private source may be deposited into the Keep Illinois
Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
shall be appropriated only for the purposes of this Section.
Pursuant to action by the Board, the Lieutenant Governor may
authorize grants from moneys appropriated from the Keep
Illinois Beautiful Fund for certified community based
programs for up to 50% of the cash needs of the program;
provided, that at least 50% of the needs of the program shall
be contributed to the program in cash, and not in kind, by
local sources.
Moneys appropriated for certified community based
programs in municipalities of more than 1,000,000 population
shall be itemized separately and may not be disbursed to any
other community.
(Source: P.A. 90-609, eff. 6-30-98.)
(20 ILCS 605/605-85 new)
(was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11)
Sec. 605-85. Personnel. 46.11. To obtain and employ,
pursuant to the provisions of the "Personnel Code", as
heretofore or hereafter amended, the such technical,
clerical, stenographic, and other administrative personnel
that are and make such expenditures within the appropriations
therefor as may be necessary to carry out the purposes of the
Civil Administrative Code of Illinois and to make
expenditures for that purpose within the appropriations for
that purpose this Act.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-95 new)
(was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42)
Sec. 605-95. Rules and regulations. 46.42. The Department
has shall have the power to make the such rules and
regulations as may be necessary to carry out its duties.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-100 new)
(was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33)
Sec. 605-100. Transfer from Department of Business and
Economic Development. 46.33. To assume the rights, powers,
duties, and responsibilities of the former Department of
Business and Economic Development. Personnel, books,
records, property, and funds pertaining to the said former
Department of Business and Economic Development are
transferred to the Department, but any rights of employees or
the State under the "Personnel Code" or any other contract or
plan shall be unaffected by this transfer hereby.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-105 new)
(was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35)
Sec. 605-105. Transfer from Department of Local
Government Affairs. 46.35.
(a) To assume all rights, powers, duties, and
responsibilities of the former Department of Local Government
Affairs not pertaining to its property taxation related
functions. Personnel, books, records, property and funds
pertaining to those such non-taxation related functions are
transferred to the Department, but any rights of employees or
the State under the "Personnel Code" or any other contract or
plan shall be unaffected by this transfer hereby.
(b) After August 31, 1984 (the effective date of Public
this amendatory Act 83-1302) of 1984, the power, formerly
vested in the Department of Local Government Affairs, and
transferred to the Department of Commerce and Community
Affairs, to administer the distribution of funds from the
State treasury to reimburse counties, where State penal
institutions are located, for the payment of assistant
State's Attorneys' salaries under Section 7 of "An act
concerning fees and salaries, and to classify the several
counties of this state with reference thereto", approved
March 29, 1872, as amended (repealed; now Section 4-2001 of
the Counties Code, 55 ILCS 5/4-2001), shall be vested in the
Department of Corrections pursuant to Section 3-2-2 of the
Unified Code of Corrections.
(Source: P.A. 83-1302.)
(20 ILCS 605/605-110 new)
(was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34)
Sec. 605-110. Transfer from Governor's Office of Manpower
and Human Development. 46.34. To assume the rights, powers,
duties, and responsibilities of the Governor's Office of
Manpower and Human Development. Personnel, books, records,
property, and funds pertaining to the Governor's Office of
Manpower and Human Development are transferred to the
Department, but any rights of employees or the State under
the "Personnel Code" or any other contract or plan shall be
unaffected by this transfer hereby.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-115 new)
(was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36)
Sec. 605-115. Transfer from State Housing Board and
Department of Business and Economic Development. 46.36. In
addition to the duties and powers imposed elsewhere in the
Civil Administrative Code of Illinois this Act, the
Department has the following powers:
(1) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the "An
Act in relation to Housing Authorities Act.," approved
March 19, 1934, as heretofore or hereafter amended;
(2) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
Housing Cooperation Law. "An Act in relation to aid of
housing projects and cooperation with housing authorities
and the Federal government by municipal corporations,
political subdivisions and other public bodies of this
state," filed July 13, 1937, as heretofore or hereafter
amended;
(3) To exercise the rights, powers, and duties
vested by law in the State Housing Board under "An Act to
facilitate the Housing Development and Construction Act.
of housing, to provide governmental assistance therefor,
and to repeal an Act herein named," approved July 2,
1947, as heretofore or hereafter amended;
(4) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
"Blighted Areas Redevelopment Act of 1947.", approved
July 2, 1947, as heretofore or hereafter amended;
(5) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
"Blighted Vacant Areas Development Act of 1949.," filed
August 13, 1949, as heretofore or hereafter amended;
(6) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the Urban
Community Conservation Act. "An Act in relation to the
conservation of urban residential areas and the
prevention of slums and to define the rights, powers and
duties of municipalities in connection therewith,"
approved July 13, 1953, as heretofore or hereafter
amended;
(7) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the "Urban
Renewal Consolidation Act of 1961.," approved August 15,
1961, as heretofore or hereafter amended;
(8) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
Redevelopment Project Rehousing Act. "An Act in relation
to rehousing persons residing in the areas of
redevelopment projects undertaken pursuant to the
"Blighted Areas Redevelopment Act of 1947" enacted by the
Sixty-fifth General Assembly, and to provide for state
and municipal contributions therefor," approved July 2,
1947, as heretofore or hereafter amended;
(9) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the State
Housing Act. "An Act in relation to housing," approved
July 12, 1933, as heretofore or hereafter amended;
(10) To exercise the rights, powers, and duties
vested by law in the State Housing Board under the
"Illinois Housing Development Act.", approved July 24,
1967, as heretofore or hereafter amended;
(11) To exercise the rights, powers, and duties
which had been vested by law in the Department of
Business and Economic Development under Sections 46.7
(renumbered; now Section 605-200 of this Law; 20 ILCS
605/605-200), 46.8 (repealed), 46.23 (repealed), and 47.1
(repealed) of "the Civil Administrative Code of
Illinois," approved March 7, 1917, as heretofore or
hereafter amended, previous to August 29, 1969.;
(12) To exercise the rights, powers, and duties
which have been vested by law in the State Housing Board
under Section 6b-3 of the "An Act in relation to State
Finance Act.," approved June 10, 1919, as heretofore and
hereafter amended;
(13) The Department shall render assistance and, advice
to and take action affecting local governments only upon
request of a local government, except as otherwise provided
by the powers and duties transferred to the Department by
this Section.
(Source: P.A. 82-1057.)
(20 ILCS 605/605-200 new)
(was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7)
Sec. 605-200. Official State planning agency. 46.7. To
act as the official State planning agency, and to accept and
use planning grants or other financial assistance from the
federal government (1) for statewide comprehensive planning
work including research and coordination activity directly
related to urban needs; and (2) for State and inter-state
comprehensive planning and research and coordination activity
related thereto. All such grants shall be subject to the
terms and conditions prescribed by the federal government.
(Source: P.A. 76-1158.)
(20 ILCS 605/605-205 new)
(was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39)
Sec. 605-205. Planning; coordination with local and
regional entities; Urban Planning Assistance Fund. 46.39. The
Department shall provide for liaison between the State and
regional and local planning agencies and departments; perform
such state-wide planning as is provided by law; provide
assistance, counsel, and advice to local and regional
planning agencies when so requested; and conduct research
into local government problems as ordered by the Director. In
performing this responsibility the Department shall have the
power and duty to do the following:
(1) (a) Exercise the rights, powers, and duties provided
in paragraph sub-paragraph (11) of Section 605-115. 46.36 of
this Act;
(2) (b) To Accept and use planning grants or other
financial assistance from the federal government, either
directly or in receipt from the official State planning
agency, in aid, or for the provision of planning assistance
(including surveys, land use studies, urban renewal plans,
technical services, and other planning work, but excluding
plans for specific public works): (i) (1) to municipalities
and counties; (ii) (2) to any group of adjacent communities,
incorporated or unincorporated, having common or related
urban planning problems resulting from rapid urbanization;
(iii) (3) to coordinate planning activities directly related
to urban needs; (iv) (4) for official governmental planning
agencies where rapid urbanization has resulted or is expected
to result from the establishment of rapid and substantial
expansion of a federal installation; and (v) (5) to study and
offer assistance for rural planning.;
(3) (c) To Approve applicants and project plans for
loans or grants to local, regional, or area groups,
associations, or other agencies that which qualify for
assistance under Title 42 U.S.C. United States Code Sections
3161, et seq. and any subsequent federal or State legislation
whose purpose is to assist economically distressed or
depressed areas;, and, for and in behalf of this State, to
accept, receive, and receipt for federal monies, for and in
behalf of the State, given by the federal government under
any federal law to this State for economic redevelopment,
assistance, surveys, or programs.;
(4) (d) To Cooperate with civic groups and local, State,
and federal planning and development agencies.;
(5) (e) To Authorize counties, cities, and other local
governmental units to enter into agreements, not in conflict
with any law of the State of Illinois, with appropriate
governmental units of an adjoining state or states for
cooperative efforts and mutual assistance in the
comprehensive planning for the physical growth and
development of metropolitan or other urban areas, provided
that such cooperation has been authorized by the adjoining
state or states.;
(6) (f) To Provide that in an orderly manner that the
following funds collected and received by the Department
shall be paid over to the State Treasurer for deposit in a
separate fund hereinafter provided for in this Section: (i)
(a) funds received or collected from municipalities and
counties and from any groups of adjacent communities pursuant
to this Section and (ii) (b) funds received or collected from
the federal government to defray the cost for planning of
those such projects pursuant to the "Federal Housing Act of
1954", as amended, or under any other Act of Congress by
which federal funds may be made available for those such
purposes. Any such funds so collected or received shall be
paid or turned over to and shall be held by the State
Treasurer as ex officio custodian thereof, separate and apart
from all public monies and funds of this State, and shall be
known as the "Urban Planning Assistance Fund, which shall" to
be administered by the Department. All disbursements from the
such Fund shall be made only upon warrants of the State
Comptroller drawn upon the State Treasurer as custodian of
the fund upon vouchers signed by the Director of Commerce and
Community Affairs or by the person or persons designated by
the Director him for that such purpose. The Comptroller is
authorized to draw the such warrant upon vouchers so signed.
The State Treasurer shall accept all warrants so signed and
shall be released from liability for all payments made on
those warrants thereon.
(7) (g) To Provide coordination between state-wide plans
and plans of municipalities, counties, and regional planning
agencies.;
(8) (h) To Collect, organize, and disseminate
information on all matters pertaining to local government.;
(9) (i) To Make studies concerning local government
boundary problems; provide advice and assistance to local
governments on boundary questions; and perform such other
services related to local government boundary questions that
as the Director orders. shall order;
(10) (j) To Cooperate with the Governor, other State
departments and agencies, and local planning agencies in the
preparation of state-wide plans relating to housing,
redevelopment, urban renewal, rural development, and such
other matters that as the Director orders. shall order;
(11) (k) To Do any and all things necessary to make the
Civil Administrative Code of Illinois this Act effective.
(Source: P.A. 83-333.)
(20 ILCS 605/605-210 new)
(was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9)
Sec. 605-210. Cooperation with civic groups and planning
and development agencies. 46.9. To cooperate with civic
groups and local, State, and federal planning and development
agencies.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-300 new)
(was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2)
Sec. 605-300. Economic development plans. 46.2 To
formulate plans for the economic development of the State of
Illinois.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-305 new)
(was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
Sec. 605-305. Economic development strategy. 46.44. By no
later than February 1, 1984, the Department shall prepare an
economic development strategy for Illinois for the year
beginning on July 1, 1984 and ending on June 30, 1985, and
for the 4 four years next ensuing. By no later than February
1, 1985 and annually thereafter, the Department shall make
modifications to the in such economic development strategy
for the 4 four years beginning on the next ensuing July 1 as
those such modifications are warranted by changes in economic
conditions, or by other factors, including changes in policy,
and shall prepare an economic development strategy for the
fifth year beginning after the next ensuing July 1.
In preparing the such strategy and in making
modifications to the such strategy, the Department shall take
cognizance of the special economic attributes of the various
component areas of the State. (1) The "component areas"
shall be determined by the Department after a county by
county economic analysis and shall group counties that which
are close in geographical proximity and share common economic
traits.
(2) The strategy shall recommend specific legislative
and administrative action at both the State and area levels
level for promoting sustained economic growth at or above
national rates of economic growth, while keeping the rate of
unemployment below national levels of unemployment.
(3) The strategy shall include all of the following:
(1) (a) An assessment of historical patterns of
economic activity for the State as a whole and by area.;
(2) (b) Projections of future economic trends for
the State as a whole and by areas.; and
(3) (c) Projections of the State's future
educational needs.
(4) National economic trends and projections shall be
considered in the formulation of the such State and area
projections. All assumptions made in the formulation of the
such State and area projections shall be clearly and
explicitly set forth.
(5) The strategy shall identify, for each area those
economic characteristics that most likely will influence
whether the area will exceed or fall below the rate of
overall State economic growth.
(6) The strategy shall recommend legislative action to
be taken to foster and promote economic growth in specific
areas, taking into account the resources and economic factors
indigenous to those such areas.
In preparing the strategy or modifications to the
strategy thereto, the Department shall consult with State
agencies, boards, and commissions whose programs and
activities significantly affect economic activity in the
State. The heads of those such agencies, boards, and
commissions shall provide the such assistance to the
Department that as the Governor deems appropriate.
(7) The strategy shall be presented to the Governor, the
President of the Senate, the Speaker of the House of
Representatives, the minority leader of each house of the
General Assembly, the chairman of the Commission on
Intergovernmental Cooperation, the chairman of the Economic
and Fiscal Commission, and the chairman of the Economic
Development Commission on February 1, 1984 and annually
thereafter.
(Source: P.A. 85-439.)
(20 ILCS 605/605-310 new)
(was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3)
Sec. 605-310. Collecting and assembling information.
46.3. To collect and assemble, or cause to have collected
and assembled, information regarding the following:
industrial opportunities and possibilities of the State,
including raw materials, and products that may be produced
therefrom; power and water resources;, transportation
facilities; available markets; availability of labor; banking
and financial facilities; availability of industrial sites;
the advantages of the State as a whole, and particular
sections of the State thereof as industrial, recreational,
and tourist locations; and provide information on the
technologies available for businesses to burn Illinois coal
and the feasibility of such systems; and such other matters
as the Department may deem desirable. To collect and
assemble, or cause to have collected and assembled, and
provide information on the technologies available for
businesses to burn Illinois coal and the feasibility of those
systems.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 605/605-315 new)
(was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17)
Sec. 605-315. Information regarding economic growth.
46.17. To collect, assemble, and analyze statistics, data,
and information regarding the growth and the strengthening of
the economy of this State and all of its elements.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-320 new)
(was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5)
Sec. 605-320. Encouragement of existing industries. 46.5
To encourage the growth and expansion of industries now
existing within the State by providing comprehensive business
services and promoting interdepartmental cooperation for
assistance to industries.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-325 new)
(was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i)
Sec. 605-325. 46.19i. Services network funding program.
The Department is authorized to promulgate rules and make
grants, subject to appropriation by the General Assembly for
this purpose, to colleges, universities, trade associations,
non-profit organizations, or consortia of for-profit
businesses for research, development, promotion,
implementation, or improvement related to or in support of
manufacturer or producer services networks or group delivered
services and activities. Grants to eligible applicants shall
not exceed $100,000. The award shall not exceed 75% of the
entire amount of the actual expenditures for the cooperative
networks or group delivered services or activity unless that
limit is waived by the Director.
(Source: P.A. 87-1177.)
(20 ILCS 605/605-328 new)
(was 20 ILCS 605/47.3)
Sec. 605-328. 47.3. The Economic Development Matching
Grants Program.
(a) The Department, in its discretion, may establish a
program of grants to be matched by economic development
entities in the State to finance and promote local economic
development. The Department is authorized to make grants,
subject to appropriations by the General Assembly for this
purpose, from the Economic Development Matching Grants
Program Fund, a special fund created in the State treasury,
to nonprofit organizations and local units of government
whose primary objectives are to promote Illinois communities
as sites for industrial and business location and expansion.
The goal of the program is to enhance the marketing of
Illinois by enabling regions and communities to market
themselves and thereby attract new business and industry to
the State and enhance the environment of growth for existing
business and industry.
(b) The applicant's proposed project must have a
definable impact on business and industrial attraction,
recruitment, or retention. Items eligible for funding
consideration include, but are not limited to, specific,
time-limited research studies related to industrial and
business recruitment or retention, advertising and public
relation expenses related to the applicant's proposed
project, and production of printed materials and brochures,
slide presentations and videotapes, and internet home pages
for distribution to those involved in expansion or relocation
activities.
(c) In determining the recipients of the grants,
consideration shall be given to the following factors:
(1) Does the project demonstrate collaboration
between more than one municipality, county, and region?;
(2) Does the project demonstrate substantial
potential for economic return from an area outside the
applicant's region and provide research measurement?;
(3) Does the project show creativity and good
design qualities and appropriately target a specific
market?;
(4) Does the project support the Department's
economic development out-of-state marketing efforts?;
(5) Is the project a demonstrable part of a
long-range marketing or strategic plan?; and
(6) Are the projected costs for the project
well-researched and reasonable?.
(d) State grant dollars shall be evenly matched by the
applicant.
(e) Moneys appropriated to the program of grants shall
be deposited into the Economic Development Matching Grants
Program Fund and shall not lapse into the General Revenue
Fund at the end of a fiscal year.
(f) The grants made under this Section shall be in
addition to any other grant programs currently in place and
administered by the Department.
(g) The Department shall adopt rules to implement this
program.
(Source: P.A. 90-660, eff. 7-30-98.)
(20 ILCS 605/605-330 new)
(was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4)
Sec. 605-330. Encouragement of new industries; use of
Illinois coal. 46.4. To encourage new industrial enterprises
to locate in Illinois, by educational promotions pointing out
the opportunities of the State as a commercial and industrial
field of opportunity, and by solicitation of industrial
enterprises, and to encourage new enterprises to use
equipment that utilizes Illinois coal.
(Source: P.A. 84-741.)
(20 ILCS 605/605-335 new)
(was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
Sec. 605-335. Incentives to foreign firms. 46.4a.
(a) For purposes of this Section:,
"Foreign firm" means shall mean any industrial or
manufacturing enterprise that is domiciled in a nation other
than the United States.
"Incentives" means shall mean a loan or grant or
offering, abatement, reduction, or deferral of any tax or
regulation imposed by the State of Illinois or a unit of
local government when the aggregate total of all those such
incentives will exceed $10,000.
(b) Whenever the Department offers incentives to a
foreign firm designed to result in the location or relocation
of a facility in this State that which will result in the
creation of more than 25 new jobs, the Department shall
prepare an economic impact study prior to the consummation of
an agreement with the foreign firm. An economic impact study
pursuant to this Section shall, if practical, include but
not be limited to the following:
(1) An analysis of the number of direct jobs to be
created, the number of indirect jobs to be created, and
the net gain in employment in relation to jobs to be
potentially lost by other similar and competing firms
within the industry located within this State.;
(2) The effect on local and regional competition
within the industry from the industry or business to be
located or relocated.;
(3) The degree of economic benefits of awarding the
same incentives to similar and existing industries or
businesses located within the State.;
(4) An examination of how the location or
relocation of the foreign firm complements existing
industries or businesses located within this State.; and
(5) The relationship of the fiscal costs to the
State or unit of local government resulting from the
incentives relative to the fiscal return to the State or
units of local government derived from the location or
relocation of the firm.
(c) A report of any economic impact studies prepared by
the Department in the previous 3 months pursuant to this
Section shall be transmitted to the Governor, members of the
General Assembly, and the Illinois Economic and Fiscal
Commission quarterly. In addition to the report, the
Department shall include a statement of incentives subject to
the agreement with the foreign firm, the name and type of
foreign firm involved and a description of its business or
industrial activity, the proposed location of the foreign
firm, and a statement describing the rationale for the
location relative to other locations within the State. The
Illinois Economic and Fiscal Commission shall evaluate each
report received from the Department and present the
evaluation and report to the Commission members and
legislative leaders within 30 thirty days upon receipt of
each report from the Department.
(Source: P.A. 86-820.)
(20 ILCS 605/605-340 new)
(was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54)
Sec. 605-340. Expenses of moving machinery or equipment.
46.54. The Department shall annually include in the existing
Community Development Assistance set-aside program, monies
for moving expenses as an allowable activity. The Such grants
for moving expenses shall be for costs associated with the
relocation of manufacturing machinery or equipment from
another state or territory into Illinois or from one location
in Illinois to another location in Illinois. No grant shall
be made until the machinery or equipment has been relocated
and installed. Grants shall be limited to the those
machinery or equipment actually transported and installed.
No single grant shall exceed $100,000.
(Source: P.A. 84-1308.)
(20 ILCS 605/605-345 new)
(was 20 ILCS 605/46.67)
Sec. 605-345. 46.67. Pollution control industry
incentives. The Department of Commerce and Community Affairs
shall examine policies and incentives that will attract
industries involved in the design, development, and
construction of pollution control devices and shall implement
those policies and incentives that the Department determines
will attract those businesses.
(Source: P.A. 88-339; 88-670, eff. 12-2-94.)
(20 ILCS 605/605-350 new)
(was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12)
Sec. 605-350. Science and research facilities. 46.12. To
encourage the locating in Illinois of scientific and research
development laboratories, industrial parks, and facilities
and to cooperate with colleges, universities, non-profit
professional societies, and governmental agencies to
encourage the development and maximum utilization of science
and research facilities.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-355 new)
(was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par.
46.19a)
Sec. 605-355. Grants for research and development in
high technology and service sectors.
(a) (2) The Department is authorized to establish a
program of grants to universities, community colleges,
research institutions, research consortiums, other
not-for-profit entities, and Illinois businesses for the
purpose of fostering research and development in the high
technology and the service sector leading to the development
of new products and services that can be marketed by Illinois
businesses. All grant awards shall include a contract that
which may provide for payment of negotiated royalties to the
Department if the product or service to be developed by the
grantee is subsequently licensed for production.
(b) (a) Grants may be awarded to universities and
research institutions to assist them in making their
faculties and facilities available to Illinois businesses.
The Such grants may be used by a university or research
institution for purposes, including but not limited to the
following purposes: (i) to establish or enhance computerized
cataloging of all research labs and university staff and make
those such catalogues available to Illinois businesses; (ii)
to market products developed by the university to Illinois
businesses; (iii) to review publications in order to
identify, catalog, and inform Illinois businesses of new
practices in areas such as robotics and, biotechnology; (iv)
to build an on-line, information and technology system that
relies on other computerized networks in the United States;
and (v) to assist in securing temporary replacement for
faculty who are granted a leave of absence from their
teaching duties for the purpose of working full-time for an
Illinois business to assist that business with technology
transfer.
(c) (b) Grants may be awarded to universities and
research institutions, research consortiums, and other
not-for-profit entities for the purpose of identifying and
supporting Illinois businesses engaged in high technology and
service sector enterprises. The Such Illinois businesses
identified and funded shall include recipients of Small
Business Innovation Research Program funds under subsections
(e) through (k) of Section 9 of the Small Business Act. (15
U.S.C. 638, subsections (e) through (k) Title 15 United
States Codes, subsections 638(e)-638(k)). Entities receiving
grants under this subsection (c) paragraph (b) shall be known
as commercialization centers and shall engage in one or more
of the following activities:
(1) (i) Directing research assistance for new
venture creations.;
(2) (ii) General feasibility studies of new venture
ideas.;
(3) (iii) Furthering the technical and intellectual
skills of the managers and owners of Illinois small
businesses.;
(4) (iv) Commercialization of technology and
research.;
(5) (v) Development of prototypes and testing new
products.;
(6) (vi) Identifying identify and assisting assist
in securing financing.;
(7) (vii) Marketing assistance.; and
(8) (viii) Assisting Illinois inventors in finding
Illinois manufacturers to produce and market their
inventions.
A commercialization center may charge a nominal fee or
accept royalty agreements for conducting feasibility studies
and other services.
(d) (c) Grants may be awarded by the Department to
Illinois businesses to fund research and consultation
arrangements between businesses and universities, community
colleges, research institutions, research consortiums, and
other not-for-profit entities within this State.
The Department shall give priority to Illinois small
businesses in awarding grants. Each grant awarded under this
subsection (d) paragraph (c) shall provide funding for up to
50% of the cost of the research or consultation arrangements,
not to exceed $100,000; provided that the grant recipient
utilizes Illinois not for profit research and academic
institutions to perform the research and development function
for which grant funds were requested.
(e) (d) Grants may be awarded to research consortiums
consortium and other qualified applicants, in conjunction
with private sector or federal funding, for other creative
systems that bridge university resources and business,
technological, production, and development concerns.
(f) (e) For the purposes of this Section: subsection
(2), (i) "Illinois business" means a "small business concern"
as defined in Title 15 United States Code, Section 632, which
primarily conducts its business in Illinois;
(ii) "High technology" means any area of research or
development designed to foster greater knowledge or
understanding in fields such as computer science,
electronics, physics, chemistry, or biology for the purpose
of producing designing, developing, or improving prototypes
and new processes.;
"Illinois business" means a "small business concern" as
defined in 15 U.S.C. 632 that conducts its business
primarily in Illinois.
"Illinois research institutions" refers to not-for-profit
entities, which include federally funded research
laboratories, that conduct research and development
activities for the purpose of producing, designing,
developing, or improving prototypes and new processes.
"Other not-for-profit entities" means nonprofit
organizations based in Illinois that are primarily devoted
to new enterprise or product development.
(iii) "Private sector" has shall have the meaning
ascribed to it in Title 29 U.S.C. United States Code, Section
1503.;
(iv) "University" means either a degree granting
institution located in Illinois as defined in Section 2 of
the Academic Degree Act, or a State-supported institution of
higher learning administered by the Board of Trustees of the
University of Illinois, the Board of Trustees of Southern
Illinois University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, or the Illinois Community College Board.;
(v) "Venture" means any Illinois business engaged in
research and development to create new products or services
with high growth potential.; (vi) Illinois research
institutions refers to not-for-profit entities, which include
federally-funded research laboratories, that conduct research
and development activities for the purpose of producing,
designing, developing, or improving prototypes and new
processes; and (vii) other not-for-profit entities means
non-profit organizations based in Illinois that are primarily
devoted to new enterprise or product development.
(g) (f) The Department may establish a program of grant
assistance on a matching basis to universities, community
colleges, small business development centers, community
action agencies and other not-for-profit economic development
agencies to encourage new enterprise development and new
business formation and to encourage enterprises in this
State. The Department may provide grants, which shall be
exempt from the provisions of subsection (3) of this Section
35-360, to universities, community colleges, small business
development centers, community action agencies, and other
not-for-profit economic development entities for the purpose
of making loans to small businesses. All grant applications
shall contain information as required by the Department,
including the following: a program operation plan; a
certification and assurance that the small business
applicants have received business development training or
education, have a business and finance plan, and have
experience in the proposed business area; and a description
of the support services that which the grant recipient will
provide to the small business. No more than 10% of the grant
may be used by the grant recipient for administrative costs
associated with the grant. Grant recipients may use grant
funds under this program to make loans on terms and
conditions favorable to the small business and shall give
priority to those businesses located in high poverty areas,
enterprise zones, or both.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-360 new)
(was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par.
46.19a)
Sec. 605-360. Technology Innovation and
Commercialization Grants-In-Aid Council. (3) There is
created within the Department, a Technology Innovation and
Commercialization Grants-in-Aid Council, which shall consist
of 2 representatives of the Department of Commerce and
Community Affairs, appointed by the Department; one
representative of the Illinois Board of Higher Education,
appointed by the Board; one representative of science or
engineering, appointed by the Governor; two representatives
of business, appointed by the Governor; one representative of
small business, appointed by the Governor; one representative
of the Department of Agriculture, appointed by the Director
of Agriculture; and one representative of agribusiness,
appointed by the Director of Agriculture. The Director of
Commerce and Community Affairs shall appoint one of the
Department's representatives to serve as chairman of the
Council. The Council members shall receive no compensation
for their services but shall be reimbursed for their expenses
actually incurred by them in the performance of their duties
under this Section subsection. The Department shall provide
staff services to the Council. The Council shall provide for
review and evaluation of all applications received by the
Department under subsection (2) of this Section 605-355 and
make recommendations on those projects to be funded. The
Council shall also assist the Department in monitoring the
projects and in evaluating the impact of the program on
technological innovation and business development within the
State.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-365 new)
(was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par.
46.19a)
Sec. 605-365. Technology Innovation and
Commercialization Fund. (4) There is hereby created a
special fund in the State treasury to be known as the
Technology Innovation and Commercialization Fund. The moneys
in the such Fund may be used, subject to appropriation, only
for making grants pursuant to subsection (2) of this Section
605-355 and for the purposes of the Technology Advancement
and Development Act. All royalties received by the Department
shall be deposited into the in such Fund.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-370 new)
(was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28)
Sec. 605-370. Application of science and technology.
46.28. To accept and use planning grants or other financial
assistance from the federal government and from other sources
set forth in Section 605-40 47.2 for support of planning
studies and activities, performance of administrative
functions, and technical services carried out under the State
Technical Services Act of 1965, Public Law 89-182, as now and
hereafter amended, and any subsequent legislation whose
purpose is to achieve a wider diffusion and more effective
application of science and technology in business, commerce,
and industry. To cooperate with colleges, universities,
non-profit organizations and associations, and governmental
agencies and to sponsor programs and activities designed to
encourage wider diffusion and more effective application of
science and technology in business, commerce, and industry.
(Source: Laws 1968, p. 447.)
(20 ILCS 605/605-375 new)
(was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58)
Sec. 605-375. Undeveloped patents. 46.58. To assist in
the transfer of undeveloped patents held by institutions of
higher education in this State to Illinois technology and
business incubators for commercial development and
application.
(Source: P.A. 85-1209.)
(20 ILCS 605/605-380 new)
(was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60)
Sec. 605-380. Identifying, developing, and
commercializing technology. 46.60. To cooperate with the
Illinois Coalition for the purpose of administering programs
the purpose of which is to identify, develop, or
commercialize technology or to promote private sector efforts
to identify, develop, or commercialize technology.
(Source: P.A. 86-618.)
(20 ILCS 605/605-385 new)
(was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62)
Sec. 605-385. Technology Challenge Grant Program;
Advanced Technology Investment Program. 46.62. To establish
and administer a Technology Challenge Grant Program and an
Advanced Technology Investment Program as provided by the
Technology Advancement and Development Act and to expend
appropriations in accordance therewith.
(Source: P.A. 86-870; 86-1028.)
(20 ILCS 605/605-400 new)
(was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c)
Sec. 605-400. Office of Urban Assistance. 46.19c. The
Department shall provide for, staff, and administer an Office
of Urban Assistance, which shall plan and coordinate existing
State programs designed to aid and stimulate the economic
growth of depressed urban areas. Among other duties assigned
by the Department, the Office shall have the following
duties:
(1) (a) To coordinate the activities of the
following units and programs of the Department of
Commerce and Community Affairs and all other present and
future units and programs of the Department that which
impact depressed urban areas to the extent that they
impact upon or concern urban economics:
(A) (1) Enterprise Zone Program.;
(B) (2) Small Business Development Center Program.;
(C) Programs that (3) Program which assist in the
development of community infrastructure.;
(D) (4) Illinois House Energy Assistance Program.;
(E) (5) Illinois Home Weatherization Assistance
Program.;
(F) (6) Programs financed with Community Services
Block Grant funds.;
(G) (7) Industrial Training Program.;
(H) (8) Technology Transfer and Innovation
Program.;
(I) (9) Rental Rehabilitation Program.;
(J) (10) Displaced Homemaker Program.; and
(K) (11) Programs under the federal Job Training
Partnership Act.
The Office shall convene quarterly meetings of
representatives who are designated by the Department to
represent the units and programs listed in items (A)
paragraphs (1) through (K) (11).
(2) (b) To gather information concerning any State or
federal program that which is designed to revitalize or
assist depressed urban areas in the State and to provide this
information to public and private entities upon request.
(3) (c) To promote and assist in developing urban inner
city industrial parks.
(4) (d) To promote economic parity and the autonomy of
citizens of this State through promoting and assisting the
development of urban inner city small business development
centers, urban youth unemployment projects, small business
incubators, family resource centers, urban developments
banks,; self managed urban businesses, and plans for urban
infrastructure projects over the next 25 years.
(5) (e) To recommend to the General Assembly and the
Governor economic policies for urban areas and planning
models that will result in the reconstruction of the economy
of urban areas, especially those urban areas where
economically and socially disadvantaged people live, to the
General Assembly and the Governor.
(6) (f) To make recommendations to the General Assembly
and the Governor on the establishment of urban economic
policy in the areas of (i) (1) housing, (ii) (2) scientific
research, (iii) (3) urban youth unemployment, (iv) (4)
business incubators and family resource centers in urban
inner cities, and (v) (5) alternative energy resource
development, and the need thereof, in urban areas as part of
the department's 5-year five year plan for economic
development.
(7) (g) To make any rules and regulations necessary to
carry out its responsibilities under the Civil Administrative
Code of Illinois this Act.
(8) (h) To encourage new industrial enterprises to
locate in urban areas (i) through educational promotions that
which point out the opportunities of any such area as a
commercial and industrial field of opportunity, and (ii) by
the solicitation of industrial enterprises; and to do such
other acts that as shall, in the judgment of the Office, are
be necessary and proper in fostering and promoting the
industrial development and economic welfare of any urban
area., however The Office, however, shall have no power to
require reports from or to regulate any business.
(9) (i) To accept grants, loans, or appropriations from
the federal government or the State, or any agency or
instrumentality thereof, to be used for the operating
expenses of the Office, or for any purposes of the Office,
including the making of direct loans or grants of those such
funds for public, private, experimental, or cooperative
housing, scientific research, urban inner city industrial
parks, urban youth employment projects, business incubators,
urban infrastructure development, alternative energy resource
development, community facilities needed in urban areas, and
any other purpose related to the revitalization of urban
areas.
(Source: P.A. 84-1090.)
(20 ILCS 605/605-405 new)
(was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a)
Sec. 605-405. Jobs and investment in economic development
project area. 46.5a. To encourage the creation or retention
of not less than 2,000 full-time equivalent jobs and that
private investment in the amount of not less than
$100,000,000 shall occur in an economic development project
area as defined in the Economic Development Area Tax
Increment Allocation Act: by securing by acquisition, gift,
grant, exchange, or purchase the rights of way, easements,
and such fee simple titles that as may be necessary to any
and all real property required for site acquisition for use
in retaining such industry or business concern; by improving
or arranging to improve real property so acquired, including
but not limited to local public infrastructure improvements;
private structural improvements on the land; and by leasing
or conveying the such land, or interest in land, so acquired
and so improved.
For the purpose of this Section, "local public
infrastructure improvements" means local roads and streets,
access roads, bridges, and sidewalks; waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, and sewage treatment facilities;
rail or air or water port improvements; gas and electric
utility facilities; transit capital facilities; development
and improvement of publicly owned industrial and commercial
sites; or other public capital improvements that which are an
essential precondition to a business retention of that
industry or business concern as defined in this Section.
(Source: P.A. 86-38.)
(20 ILCS 605/605-410 new)
(was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d)
Sec. 605-410. Rural community development. 46.19d. The
Department shall provide for staff for and administer a
program in which the Department shall plan and coordinate
State efforts designed to aid and stimulate the development
of rural communities as well as other communities with
special needs in order to improve their competitiveness for
business retention, expansion, and attraction. Among other
duties, the Department, through the program, may do all of
the following:
(1) (a) Provide information, technical support, and
assistance to local officials, including, but not limited to,
assistance in grant applications, developing economic
development strategies, and complying with State and federal
laws and rules and regulations affecting local governments.
All State agencies shall cooperate with the program to
provide the necessary information, materials, and assistance
to enable the Department to carry out its function in the
program in an effective manner. Each agency shall designate
an individual to serve as liaison to the program to provide
information and materials and to respond to requests for
assistance from communities selecting to work through this
program.
(2) (b) Work with agencies in developing flexible
regulations through a regulatory review program.
(3) (c) Evaluate and review the impact of existing
economic development programs on the rural and special need
communities selecting to work through this program.
(4) (d) Assist the communities in conducting
self-assessments to identify specific industries and
businesses in need of targeted assistance as well as actions
that the community might take to become more competitive for
business retention, expansion, and attraction.
(5) (e) Assist in formulating specific and measurable
economic development objectives for rural and special need
communities selecting to work through the program.
(6) (f) Administer the Rural Diversification Act.
(7) (g) Provide grants for the purposes described in
this Section with funds as appropriated by the General
Assembly.
(Source: P.A. 89-262, eff. 8-10-95.)
(20 ILCS 605/605-415 new)
(was 20 ILCS 605/46.19j)
Sec. 605-415. 46.19j. Job Training and Economic
Development Demonstration Grant Program.
(a) Legislative findings. The General Assembly finds
that:
(1) Despite the large number of unemployed job
seekers, many employers are having difficulty matching
the skills they require with the skills of workers; a
similar problem exists in industries where overall
employment may not be expanding but there is an acute
need for skilled workers in particular occupations.;
(2) The State of Illinois should foster local
economic development by linking the job training of
unemployed disadvantaged citizens with the workforce
needs of local business and industry.; and
(3) Employers often need assistance in developing
training resources that will provide work opportunities
for disadvantaged populations.
(b) Definitions. As used in this Section:
"Community based provider" means a not-for-profit
organization, with local boards of directors, that directly
provides job training services.
"Disadvantaged persons" has the same meaning as the term
is defined in Titles II-A and II-C of the federal Job
Training Partnership Act.
"Training partners" means a community-based provider and
one or more employers who have established training and
placement linkages.
(c) From funds appropriated for that purpose, the
Department of Commerce and Community Affairs shall administer
a Job Training and Economic Development Demonstration Grant
Program. The Director shall make not less than 12 and not
more than 20 demonstration project grants to community-based
providers. The grants shall be made to support the
following:
(1) Partnerships between community-based providers
and employers for the customized training of existing
low-skilled, low-wage employees and newly hired
disadvantaged persons.; and
(2) Partnerships between community-based providers
and employers to develop and operate training programs
that link the work force needs of local industry with the
job training of disadvantaged persons.
(d) For projects created under paragraph (1) of
subsection (c):
(1) The Department shall give a priority to
projects that include an in-kind match by an employer in
partnership with a community-based provider and projects
that use instructional materials and training instructors
directly used in the specific industry sector of the
partnership employer.; and
(2) The partnership employer must be an active
participant in the curriculum development, employ under
250 workers, and train primarily disadvantaged
populations.
(e) For projects created under paragraph (2) of
subsection (c):
(1) Community based organizations shall assess the
employment barriers and needs of local residents and work
in partnership with local economic development
organizations to identify the priority workforce needs of
the local industry.;
(2) Training partners, (that is, community-based
organizations and employers), shall work together to
design programs with maximum benefits to local
disadvantaged persons and local employers.;
(3) Employers must be involved in identifying
specific skill-training needs, planning curriculum,
assisting in training activities, providing job
opportunities, and coordinating job retention for people
hired after training through this program and follow-up
support.; and
(4) The community-based organizations shall serve
disadvantaged persons, including welfare recipients.
(f) The Department shall adopt rules for the grant
program and shall create a competitive application procedure
for those grants to be awarded beginning in fiscal year 1998.
Grants shall be based on a performance based contracting
system. Each grant shall be based on the cost of providing
the training services and the goals negotiated and made a
part of the contract between the Department and the training
partners. The goals shall include the number of people to be
trained, the number who stay in the program, the number who
complete the program, the number who enter employment, their
wages, and the number who retain employment. The level of
success in achieving employment, wage, and retention goals
shall be a primary consideration for determining contract
renewals and subsequent funding levels. In setting the
goals, due consideration shall be given to the education,
work experience, and job readiness of the trainees; their
barriers to employment; and the local job market. Periodic
payments under the contracts shall be based on the degree to
which the relevant negotiated goals have been met during the
payment period.
(Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98;
90-758, eff. 8-14-98.)
(20 ILCS 605/605-450 new)
(was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g)
Sec. 605-450. 46.19g. Community economic emergencies.
(a) Upon the recommendation of the Director of Commerce
and Community Affairs, the Governor may find that an economic
emergency exists in a designated Illinois community. The
finding shall be based on one or more of the following
conditions:
(1) There has been a relocation or closing of
operations of a major private employer in the community.;
(2) There has been a closing or relocation of a
major public employer in the community.;
(3) A natural disaster has resulted in substantial
damage to the local economy.;
(4) The community or a portion of it has been
declared a disaster area by the federal government.; or
(5) A decision by the federal or State government,
or by a foreign government, has done substantial damage
to the local economy.
(b) Upon a finding by the Governor that an economic
emergency exists in a designated Illinois community, the
Governor shall convene an Economic Emergency Council. The
Council shall consist of 11 members as follows: the Director
of Commerce and Community Affairs, ex officio, the Director
of the Illinois Development Finance Authority, ex officio,
the Director of the Illinois Housing Development Authority,
ex officio, and 8 members representing the designated
community appointed by the Governor with the advice and
consent of the Senate. Of the 8 members appointed by the
Governor, 4 shall be representatives of business and finance,
2 shall be representatives of labor, and 2 shall be
representatives of education. Each member of the General
Assembly whose legislative district or representative
district lies in whole or in part within the designated
community shall also be a member of the Council, ex officio.
Members of a Council shall serve without compensation, but
may be reimbursed for their reasonable and necessary expenses
incurred in the performance of their duties.
(c) An Economic Emergency Council shall develop a plan
to address the designated community's economic needs and
shall recommend that plan to the Governor and to the General
Assembly for further resolution and appropriation. The plan
may include extending enterprise zone tax incentives, making
economic development business loans and grants, making
infrastructure rehabilitation loans and grants, extending job
training and retraining assistance, extending tax increment
financing, and other appropriate economic programs or
incentives.
(d) The Illinois Economic Emergency Assistance Fund is
created as a special fund in the State treasury for the
purpose of channeling moneys to designated communities upon
further resolution and appropriation by the General
Assembly. In addition to amounts that may be appropriated to
the fund, gifts or grants from any legal source may be
deposited into the fund. Any fees or other charges collected
by the Department in connection with programs under this
Section shall also be deposited into the fund.
(Source: P.A. 86-455.)
(20 ILCS 605/605-490 new)
(was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10)
Sec. 605-490. Recommending legislation. 46.10. To
recommend legislation relating to the economic development of
the State.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-495 new)
(was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19)
Sec. 605-495. Other acts to foster and promote industrial
development and economic welfare. 46.19. To do such other
acts that as shall, in the judgment of the Department, are be
necessary and proper in fostering and promoting the
industrial development and economic welfare of the State. The
Department, however, shall have no power to require reports
from or to regulate any business.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-500 new)
(was 20 ILCS 605/46.13) (from Ch. 127, par. 46.13)
Sec. 605-500. Business Assistance Office. 46.13. To
create a Business Assistance Office to do the following:
(1) (a) Provide information to new and existing
businesses for all State government forms and applications
and make this information readily available through a
business permit center. The Office shall not assume any
regulatory function. All State agencies shall cooperate with
the business permit center to provide the necessary
information, materials, and assistance to enable the center
to carry out its function in an effective manner. Each
agency shall designate an individual to serve as liaison to
the center to provide information and materials and to
respond to requests for assistance from businesses.
(2) (b) Provide technical and managerial assistance to
entrepreneurs and small businesses by (i) (1) contracting
with local development organizations, chambers of commerce,
and industry or trade associations with technical and
managerial expertise located in the State, whenever possible,
and (ii) (2) establishing a network of small business
development centers throughout the State.
(3) (c) Assess the fiscal impact of proposed rules upon
small business and work with agencies in developing flexible
regulations through a regulatory review program.
(4) (d) Provide detailed and comprehensive assistance to
businesses interested in obtaining federal or State
government contracts through a network of local procurement
centers. The Department shall make a special and continuing
effort to assist minority and female owned businesses,
including but not limited to the designation of special
minority and female business advocates, and shall make
additional efforts to assist those located in labor surplus
areas. The Department shall, through its network of local
procurement centers, make every effort to provide
opportunities for small businesses to participate in the
procurement process. The Department shall utilize one or
more of the following techniques. These techniques are to be
in addition to any other procurement requirements imposed by
Public Act 83-1341 this amendatory Act of 1984 or by any
other Act.
(A) (1) Advance notice by the Department or other
appropriate State entity of possible procurement
opportunities should be made available to interested
small businesses.
(B) (2) Publication of procurement opportunities in
publications likely to be obtained by small businesses.
(C) (3) Direct notification, whenever the
Department deems it feasible, of interested small
businesses.
(D) (4) Conduct of public hearings and training
sessions, when possible, regarding State and federal
government procurement policies.
(5) The Department of Central Management Services shall
cooperate with the Department in providing information on the
method and procedure by which a small business becomes
involved in the State or federal government procurement
process.
(5) (e) Study the total number of registrations,
licenses, and reports that which must be filed in order to do
business in this State, seek input from the directors of all
regulatory agencies, and submit a report on how this
paperwork might be reduced to the Governor and the General
Assembly no later than January 1, 1985.
(Source: P.A. 86-808; 87-235.)
(20 ILCS 605/605-505 new)
(was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15)
Sec. 605-505. Aid in obtaining governmental and private
services. 46.15. To aid Illinois businesses in obtaining
services available from governmental and private sources.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-510 new)
(was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h)
Sec. 605-510. Study of laws affecting small business.
46.19h. To study the effect of laws affecting small business
to determine whether if those laws impede the creation of
small businesses or create economic damages for any small
business group that may jeopardize the small business group's
continuation in the marketplace or its valuable contribution
to the economic growth of this State. The study shall be
conducted in cooperation with the department or agency
administering the law whose effect is the subject of the
study. A general study of the laws affecting the creation of
small businesses in this State shall be undertaken by the
Department and the results shall be reported to the Governor
and the General Assembly by January 1, 1996.
An economic impact review shall be made at least every 2
years, and pertinent information shall be gathered from the
business segment affected to determine whether if the laws
need amendment to relieve business losses while retaining the
substance of the legislation, or whether the original purpose
has been accomplished and the laws should be repealed. The
review shall be reported to the Governor, the General
Assembly, and the administrating State agency, as well as to
the business associations most directly representing the
business group involved.
The Director shall appoint a task force to assist the
Department in conducting the studies and reviews required
under this Section. The task force shall consist of persons
representing small business and persons representing the
affected State departments and agencies. Members of the task
force shall serve without compensation but may be reimbursed
for necessary expenses in connection with their duties out of
money available to the Department for that purpose.
(Source: P.A. 89-259, eff. 8-10-95.)
(20 ILCS 605/605-515 new)
(was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
Sec. 605-515. 46.13a. Environmental Regulatory Assistance
Program.
(a) The following terms, whenever used or referred to In
this Section, shall have the following meanings ascribed to
them, except where the context clearly requires otherwise,:
(1) "small business stationary source" means a business that
is owned or operated by a person that employs 100 or fewer
individuals; is a small business; is not a major stationary
source as defined in Titles I and III of the federal 1990
Clean Air Act Amendments; does not emit 50 tons or more per
year of any regulated pollutant (as defined under the federal
Clean Air Act); and emits less than 75 tons per year of all
regulated pollutants.
(2) "Department" means the Illinois Department of
Commerce and Community Affairs.
(b) The Department may:
(1) Provide access to technical and compliance
information for Illinois firms, including small and
middle market companies, to facilitate local business
compliance with the federal, State, and local
environmental regulations.
(2) Coordinate and enter into cooperative
agreements with a State ombudsman office, which shall be
established in accordance with the federal 1990 Clean Air
Act Amendments to provide direct oversight to the program
established under that Act.
(3) Enter into contracts, cooperative agreements,
and financing agreements and establish and collect
charges and fees necessary or incidental to the
performance of duties and the execution of powers under
this Section.
(4) Accept and expend, subject to appropriation,
gifts, grants, awards, funds, contributions, charges,
fees, and other financial or nonfinancial aid from
federal, State, and local governmental agencies,
businesses, educational agencies, not-for-profit
organizations, and other entities, for the purposes of
this Section.
(5) Establish, staff, and administer programs and
services and adopt such rules and regulations as may be
necessary to carry out the intent of this Section and
Section 507, "Small Business Stationary Source Technical
and Environmental Compliance Assistance Program", of the
federal 1990 Clean Air Act Amendments.
(c) The Department's environmental compliance programs
and services for businesses may include, but need not be
limited to, the following:
(1) Communication and outreach services to or on
behalf of individual companies, including collection and
compilation of appropriate information on regulatory
compliance issues and control technologies, and
dissemination of that such information through
publications, direct mailings, electronic communications,
conferences, workshops, one-on-one counseling, and other
means of technical assistance.
(2) Provision of referrals and access to technical
assistance, pollution prevention and facility audits, and
otherwise serving as an information clearinghouse on
pollution prevention through the coordination of the
Waste Management and Research Center, a division of the
Department of Natural Resources. In addition,
environmental and regulatory compliance issues and
techniques, which may include business rights and
responsibilities, applicable permitting and compliance
requirements, compliance methods and acceptable control
technologies, release detection, and other applicable
information may be provided.
(3) Coordination with and provision of
administrative and logistical support to the State
Compliance Advisory Panel.
(d) There is hereby created a special fund in the State
Treasury to be known as the Small Business Environmental
Assistance Fund. Monies received under subdivision (b)(4) of
this Section shall be deposited into the Fund.
Monies in the Small Business Environmental Assistance
Fund may be used, subject to appropriation, only for the
purposes authorized by this Section.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
(20 ILCS 605/605-520 new)
(was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63)
Sec. 605-520. Grants to businesses in municipal central
business districts. 46.63. To award grants to businesses in
central business districts of municipalities to encourage and
assist the businesses business in maintaining their
operations its operation in those areas that area.
(Source: P.A. 87-156.)
(20 ILCS 605/605-525 new)
(was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55)
Sec. 605-525. Minority Controlled and Female Controlled
Business Loan Board. 46.55. There is hereby created a
Minority Controlled and Female Controlled Businesses Loan
Board, hereinafter referred to as the Board, consisting of 6
members, appointed by the Governor with the advice and
consent of the Senate. No more than 3 members shall be of
the same political party. For the initial appointments to
the Board, 3 members shall be appointed to serve a 2 year
term and 3 members shall be appointed to serve a 4 year term.
Successor members shall serve for terms of 4 years.
The Board shall maintain an office in each of the
following areas: Alexander or Pulaski County, East St. Louis,
and the City of Chicago. For the purpose of this Act, the
terms "minority person", "female", "minority owned business"
and "female owned business" shall have the definitions of
those terms provided in Section 2 of the Business Enterprise
for Minorities, Females, and Persons with Disabilities Act
"An Act to create the Minority and Female Business Enterprise
Act", approved September 6, 1984.
The Board shall have the authority to make direct grants
and low interest loans to minority controlled businesses and
female controlled businesses in East St. Louis, the City of
Chicago, and either Alexander County or Pulaski County, from
appropriations for that purpose to the Department of Commerce
and Community Affairs. The Board shall establish and publish
guidelines to be followed in making the such grants and
loans.
Grant funds will be allowed to reimburse businesses for
expenses incurred in the preparation of proposals that are
accepted for loan assistance and; also, to maintain
administering offices in each of the 4 target areas. Loan
funds will be awarded at a cost of no more than 3% per annum
for up to 20 years to such businesses that are existing or
proposed.
(Source: P.A. 84-1308.)
(20 ILCS 605/605-575 new)
(was 20 ILCS 605/46.69)
Sec. 605-575. 46.69. State building requirements. After
the Department has received the recommendations from the
Illinois Building Commission, the Department shall establish
a consolidated clearinghouse containing all existing State
building requirements and all information concerning those
requirements. The Department shall make the information
available to the public upon request. The Department shall
assist the public in determining which State building
requirements apply to any specified project.
(Source: P.A. 90-269, eff. 1-1-98.)
(20 ILCS 605/605-600 new)
(was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f)
Sec. 605-600. Buy Illinois Program. 46.19f. The
Department of Commerce and Community Affairs shall have the
authority to establish and administer a Buy Illinois Program,
which may include, but is not limited to, the following
powers and duties:
(1) To accept grants, loans, or appropriations from the
federal government or the State or any agency or
instrumentality thereof, and to assess fees for any services
performed under the Buy Illinois Program, to carry out the
program.
(2) To form a Buy Illinois Council, made up of Illinois
large firms and small firms, to provide advice and counsel in
directing a statewide program.
(3) To publicize and advertise to Illinois firms and
government agencies the importance and benefits of buying
goods and services provided by vendors located within the
State.
(4) To secure the cooperation of Illinois' large firms,
federal, State and local governments, non-profit agencies,
international organizations, and others to carry out this
program.
(5) To match the needs for products and services by
business firms and government agencies with the capabilities
of small Illinois firms that can provide those such needed
goods and services.
(6) To hold purchasing agent seminars, fairs,
conferences and workshops to aid small Illinois businesses in
obtaining contracts for goods and services from larger firms
and government agencies to within the State.
(7) To assist business firms and government agencies to
analyze their buying activities and to find ways to carry out
those such activities in an effective and economical manner,
while promoting subcontract activity with small Illinois
firms.
(8) To establish manual and electronic buying
directories, including stand alone computer data bases that
list qualified vendors and procurement opportunities.
(9) To promote through other means the use by
international agencies, government agencies, and larger
businesses of products and services produced by small
Illinois firms.
(10) To subcontract, grant funds, or otherwise
participate with qualified private firms, existing
procurement centers, or other organizations that have
designed programs approved in accordance with procedures as
determined by the Department, that which are aimed at
assisting small Illinois firms in obtaining contracts for
products and services from local government agencies and
larger Illinois businesses.
(11) To develop and administer guidelines for projects
that provide assistance to the Department in connection with
the Buy Illinois Program.
(Source: P.A. 85-975; 86-1475.)
(20 ILCS 605/605-605 new)
(was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57)
Sec. 605-605. Illinois Product and Services Exchange Act.
46.57. (a) This Section shall be known and may be cited as
the "Illinois Product and Services Exchange Act".
(b) It is hereby found and declared that many large
Illinois firms and government agencies are purchasing
products and services from vendors in locations other than
Illinois, and that there is a need to assist those such large
businesses and government agencies in locating Illinois
vendors who can provide those such products and services of
equal quality and at comparable or lower costs; it is further
found and declared that the purchase of needed products and
services within the State by large firms and government
agencies would aid the survival and expansion of small
businesses in Illinois and help to strengthen the State's
economy.
(c) As used in this Section, "Illinois Product and
Services Exchange" means a program aimed at promoting the
purchase of goods and services produced in Illinois by firms
and government agencies within the State.
(d) The Department shall have the authority to establish
and administer an Illinois Product and Services Exchange
Program, which may include, but is not limited to, the
following powers and duties:
(1) To accept grants, loans, or appropriations from
the federal government or the State or any agency or
instrumentality thereof, and to assess fees for any
services performed under the Illinois Product and
Services Exchange Program, to carry out the Program.;
(2) To form an Illinois Product and Services
Exchange Council, made up of Illinois large firms and
small firms to provide advice and counsel in directing a
statewide Product and Services Exchange Program.;
(3) To publicize and advertise to Illinois firms
and government agencies the importance and benefits of
buying goods and services provided by vendors located
within the State.;
(4) To secure the cooperation of Illinois' large
firms, federal, State, and local governments, non-profit
agencies, and others to carry out this program.;
(5) To match the needs for products and services of
business firms and government agencies with the
capabilities of small Illinois firms that can provide
those such needed goods and services.;
(6) To hold purchasing agent seminars, fairs,
conferences, and workshops to aid small Illinois
businesses in obtaining contracts for goods and services
from larger firms and government agencies within the
State.;
(7) To assist business firms and government
agencies to analyze their buying activities and to find
ways to carry out those such activities in an effective
and economical manner, while promoting subcontract
activity with small Illinois firms.;
(8) To establish manual and electronic buying
directories, including stand alone computer data bases
that list qualified vendors and procurement
opportunities.;
(9) To promote through other means the use by
government agencies and large businesses of products and
services produced by small Illinois firms.;
(10) To subcontract, grant funds, or otherwise
participate with qualified private firms, existing
procurement centers, or other organizations that have
designed programs, approved in accordance with procedures
determined by the Department, that which are aimed at
assisting small Illinois firms obtain contracts for
products and services from local government agencies and
large Illinois businesses.; and
(11) To develop and administer guidelines for
projects that provide assistance to the Department in
connection with the Illinois Product and Services
Exchange Program.
(Source: P.A. 85-138.)
(20 ILCS 605/605-610 new)
(was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14)
Sec. 605-610. Assistance with foreign trade. 46.14. To
assist Illinois businesses to engage in, expand, and increase
foreign trade.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-615 new)
(was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
Sec. 605-615. Assistance with exports. 46.19e. The
Department shall have the following duties and
responsibilities in regard to the Civil Administrative Code
of Illinois this Act:
(1) To (a) establish or cosponsor mentoring conferences,
utilizing experienced manufacturing exporters, to explain and
provide information to prospective export manufacturers and
businesses concerning the process of exporting to both
domestic and international opportunities.;
(2) To (b) provide technical assistance to prospective
export manufacturers and businesses seeking to establish
domestic and international export opportunities.;
(3) To (c) coordinate with the Department's Small
Business Development Centers to link buyers with prospective
export manufacturers and businesses.;
(4) To (d) promote, both domestically and abroad,
products made in Illinois in order to inform consumers and
buyers of their high quality standards and craftsmanship.;
(5) To (e) provide technical assistance toward
establishment of export trade corporations in the private
sector.;
(6) To (f) develop an electronic data base to compile
information on international trade and investment activities
in Illinois companies, provide access to research and
business opportunities through external data bases, and
connect this data base through international communication
systems with appropriate domestic and worldwide networks
users.;
(7) To (g) collect and distribute to foreign commercial
libraries directories, catalogs, brochures, and other
information of value to foreign businesses considering doing
business in this State.;
(8) To (h) establish an export finance awareness program
to provide information to banking organizations about methods
used by banks to provide financing for businesses engaged in
exporting and about other State and federal programs to
promote and expedite export financing.; and
(9) To (i) undertake a survey of Illinois' businesses to
identify exportable products and the businesses interested in
exporting.
(Source: P.A. 85-975.)
(20 ILCS 605/605-620 new)
(was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24)
Sec. 605-620. Exports of professional services and
agricultural and manufactured products. 46.24. In cooperation
with the Department of Agriculture and the International
Trade and Port Promotion Advisory Committee, to (i) (a)
provide assistance to those manufacturing and service
companies that who desire to export agricultural machinery,
implements, equipment, other manufactured products, and
professional services; (ii) (b) encourage Illinois companies
to initiate exporting or increase their export sales of
agricultural and manufactured products; (iii) (c) cooperate
with agencies and instrumentalities of the federal government
in trade development activities in overseas markets; (iv) (d)
conduct the necessary research within Illinois and in
overseas markets in order to assist exporting companies; (v)
(e) promote the State of Illinois as a source of agricultural
and manufactured products through information and promotion
campaigns overseas; and (vi) (f) conduct an information
program for foreign buyers of Illinois agricultural and
manufactured products.
(Source: P.A. 77-1335.)
(20 ILCS 605/605-625 new)
(was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25)
Sec. 605-625. Promotion of water ports and airport
facilities. 46.25. In cooperation with the Department of
Agriculture and the International Trade and Port Promotion
Advisory Committee, to (i) (a) establish a freight rate
information service for U.S. and foreign shippers; (ii) (b)
promote the advantages of Illinois water ports and existing
airport facilities through appropriate means and media in
this country and overseas; and (iii) (c) cooperate with the
export expansion projects and any other activity that results
in the additional flow of agricultural and manufactured
products through the Illinois water ports and existing
airport facilities.
(Source: P.A. 77-1335.)
(20 ILCS 605/605-630 new)
(was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26)
Sec. 605-630. Overseas offices. 46.26. In cooperation
with the Department of Agriculture and with the counsel of
the International Trade and Port Promotion Advisory
Committee, to establish overseas offices for (i) (a) the
promotion of the export of Illinois agricultural and
manufactured products; (ii) (b) representation of Illinois
seaports; (iii) (c) economic development; and (iv) (d)
tourism promotion and services.
(Source: P.A. 78-255.)
(20 ILCS 605/605-675 new)
(was 20 ILCS 605/46.66)
Sec. 605-675. 46.66. Exporter award program. The
Department shall establish and operate, in cooperation with
the Department of Agriculture and the Illinois Development
Finance Authority, an annual awards program to recognize
Illinois-based exporters. In developing criteria for the
awards, the Department shall give consideration to the
exporting efforts of small and medium sized businesses,
first-time exporters, and other appropriate categories.
(Source: P.A. 88-100; 88-670, eff. 12-2-94.)
(20 ILCS 605/605-700 new)
(was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6)
Sec. 605-700. Tourism promotion. 46.6. To encourage and
promote tourism within the State.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-705 new)
(was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
Sec. 605-705. Grants to local tourism and convention
bureaus. Sec. 46.6a.
(a) (1) To establish a grant program for local tourism
and convention bureaus. The Department will develop and
implement a program for the use of funds, as authorized under
this Act, by local tourism and convention bureaus. For the
purposes of this Act, bureaus eligible to receive funds are
defined as those bureaus in legal existence as of January 1,
1985 that, which are either a unit of local government or
incorporated as a not-for-profit organization, are affiliated
with at least one or more municipality or county, and employ
one full time staff person whose purpose is to promote
tourism. Each bureau receiving funds under this Act will be
certified by the Department as the designated recipient to
serve an area of the State. These funds may not be used in
support of the Chicago Worlds Fair.
(b) (2) To distribute grants to local tourism and
convention bureaus from appropriations made from the Local
Tourism Fund for that purpose. Of the amounts appropriated
annually to the Department for expenditure under this
Section, one-third 1/3 of those such monies shall be used for
grants to convention and tourism bureaus in cities with a
population greater than 500,000. The remaining two-thirds 2/3
of the annual appropriation shall be used for grants to
convention and tourism such bureaus in the remainder of the
State, in accordance with a formula based upon the population
served. The Department may reserve up to 10% of the total
appropriated to conduct audits of grants, to provide
incentive funds to those bureaus that which will conduct
promotional activities designed to further the Department's
statewide advertising campaign, to fund special statewide
promotional activities, and to fund promotional activities
that which support an increased use of the State's parks or
historic sites.
(Source: P.A. 90-26, eff. 7-1-97.)
(20 ILCS 605/605-710 new)
(was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
Sec. 605-710. 46.6c. Regional tourism development
organizations. The Department may, subject to appropriation,
provide contractual funding from the Tourism Promotion Fund
for the administrative costs of not-for-profit regional
tourism development organizations that assist the Department
in developing tourism throughout a multi-county geographical
area designated by the Department. Regional tourism
development organizations receiving funds under this Section
may be required by the Department to submit to audits of
contracts awarded by the Department to determine whether the
regional tourism development organization has performed all
contractual obligations under those contracts.
Every employee of a regional tourism development
organization receiving funds under this Section shall
disclose to the organization's its governing board and to the
Department any economic interest that employee may have in
any entity with which the regional tourism development
organization has contracted or to which the regional tourism
development organization has granted funds.
(Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98.)
(20 ILCS 605/605-715 new)
(was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59)
Sec. 605-715. 46.59. Advisory Committee; Tourism
Promotion Fund. There is created within the Department an
Advisory Committee of 11 persons, including 2 members of the
Senate of different political parties appointed by the
President, 2 members of the House of Representatives of
different political parties appointed by the Speaker thereof,
and 7 other persons, one of whom shall be a senior citizen 60
years of age or over, appointed by the Governor. The members
appointed by the Governor may include, but are not limited
to, persons representing motels, hotels, restaurants,
airlines, railroads, bus lines, travel agencies, oil
companies and the communications industry. The appointments
shall be made as soon as possible after August 13, 1988, the
effective date of Public Act 85-1185 this amendatory Act of
1988. Members shall serve for terms of 2 years and until
their respective successors are appointed, except that
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever first occurs. Vacancies in
the membership in the Advisory Committee shall be filled in
the same manner as the original appointments.
The Advisory Committee shall elect a member of its own
group as chairman at the first meeting, which shall be called
by the Governor. The Advisory Committee shall meet at least
4 times in a calendar year at the call of the chairman. The
Advisory Committee shall advise in all matters relating to
the policy and administration of the Illinois Tourism
Promotion Fund. The Committee shall report to each regular
session of the General Assembly its recommendations for
legislation in the field of the promotion of tourism and
related subjects in Illinois.
The requirements for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
under Section 3.1 of "An Act to revise the law in relation to
the General Assembly Organization Act", approved February 25,
1874, as amended.
Members of the committee shall serve without compensation
but shall be reimbursed for necessary expenses incurred in
the performance of their duties.
(Source: P.A. 85-1185.)
(20 ILCS 605/605-720 new)
(was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16)
Sec. 605-720. Publicizing Illinois facilities and
attractions. 46.16. To encourage and assist the efforts of
other public and private organizations or groups of citizens
to publicize the facilities and attractions of Illinois.
(Source: Laws 1965, p. 1958.)
(20 ILCS 605/605-800 new)
(was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par.
46.19a)
Sec. 605-800. Training grants for skills in critical
demand. 46.19a. Employment and technology grants.
(a) (1) Grants to provide training in fields affected by
critical demands for certain skills may be made as provided
in this Section subsection.
(b) (a) The Director of the Department may make grants
to eligible employers or to other eligible entities on behalf
of employers as authorized in subsection (c) paragraph (b) to
provide training for employees in fields for which there are
critical demands for certain skills.
(c) (b) The Director may accept applications for
training grant funds and grant requests from: (i) entities
sponsoring multi-company eligible employee training projects
as defined in subsection (d) paragraph (c), including
business associations, strategic business partnerships,
institutions of secondary or higher education, large
manufacturers for supplier network companies, federal Job
Training Partnership Act administrative entities or grant
recipients, and labor organizations when those projects will
address common training needs identified by participating
companies; and (ii) individual employers that are undertaking
eligible employee training projects as defined in subsection
(d) paragraph (c), including intermediaries and training
agents.
(d) (c) The Director may make grants to eligible
applicants as defined in subsection (c) paragraph (b) for
employee training projects that include, but need not be
limited to, one or more of the following:
(1) (i) Training programs in response to new or
changing technology being introduced in the workplace.;
(2) (ii) Job-linked training that offers special
skills for career advancement or that is preparatory for,
and leads directly to, jobs with definite career
potential and long-term job security.;
(3) (iii) Training necessary to implement total
quality management or improvement or both management and
improvement systems within the workplace.;
(4) (iv) Training related to new machinery or
equipment.;
(5) (v) Training of employees of companies that are
expanding into new markets or expanding exports from
Illinois.;
(6) (vi) Basic, remedial, or both basic and
remedial training of employees as a prerequisite for
other vocational or technical skills training or as a
condition for sustained employment.;
(7) (vii) Self-employment training of the
unemployed and underemployed with comprehensive,
competency-based instructional programs and services.;
and
(8) (viii) Other training activities or, projects,
or both training activities and projects, related to the
support, development, or evaluation of job training
programs, activities, and delivery systems, including
training needs assessment and design.
(e) (d) Grants shall be made on the terms and conditions
that the Department shall determine., provided, however, that
No grant made under the provisions of paragraph (c) of this
subsection (d), however, shall exceed 50% of the direct costs
of all approved training programs provided by the employer or
the employer's training agent or other entity as defined in
subsection (c) paragraph (b). Under this Section, allowable
costs include, but are not limited to:
(1) (i) Administrative costs of tracking,
documenting, reporting, and processing training funds or
project costs.;
(2) (ii) Curriculum development.;
(3) (iii) Wages and fringe benefits of employees.;
(4) (iv) Training materials, including scrap
product costs.;
(5) (v) Trainee travel expenses.;
(6) (vi) Instructor costs, including wages, fringe
benefits, tuition, and travel expenses.;
(7) (vii) Rent, purchase, or lease of training
equipment.; and
(8) (viii) Other usual and customary training
costs.
(f) (e) The Director will ensure that a minimum of one
on-site grant monitoring visit is conducted by the Department
either during the course of the grant period or within 6
months following the end of the grant period. The Department
shall verify that the grantee's financial management system
is structured to provide for accurate, current, and complete
disclosure of the financial results of the grant program in
accordance with all provisions, terms, and conditions
contained in the grant contract.
(g) (f) The Director may establish and collect a
schedule of charges from subgrantee entities and other system
users under federal job-training programs for participating
in and utilizing the Department's automated job-training
program information systems if the where such systems and the
necessary participation and utilization are requirements is a
requirement of the federal job-training programs. All monies
collected pursuant to this subsection paragraph shall be
deposited into the Federal Job-Training Information Systems
Revolving Fund created in Section 35-805 subsection (5).
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-805 new)
(was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par.
46.19a)
Sec. 605-805. Federal Job-Training Information Systems
Revolving Fund. (5) There is hereby created a special fund
in the State treasury to be known as the Federal Job-Training
Information Systems Revolving Fund. The deposit of monies
into this fund shall be limited to the collection of charges
pursuant to paragraph (f) of subsection (g) (1) of this
Section 605-800. The monies in the fund may only be used,
subject to appropriation by the General Assembly, only for
the purpose of financing the maintenance and operation of the
automated Federal Job-Training Information Systems pursuant
to paragraph (f) of subsection (g) (1) of this Section
605-800.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-810 new)
(was 20 ILCS 605/46.19a, subsec. (6)) (from Ch. 127, par.
46.19a)
Sec. 605-810. Reemployment of former employees.
(6) When the Department is involved in developing a federal
or State funded training or retraining program for any
employer, the Department will assist and encourage that
employer in making every effort to reemploy individuals
previously employed at the facility. Further, the Department
will provide a list of those said employees to the said
employer for consideration for reemployment and will report
the results of this effort to the Illinois Job Training
Coordinating Council. This requirement shall be in effect
when all of the following conditions are met:
(1) (a) The employer is reopening, or is proposing
to reopen, a facility that which was last closed during
the preceding 2 years.,
(2) (b) A substantial number of the persons who
were employed at the facility before its most recent
closure remain unemployed., and
(3) (c) The product or service produced by, or
proposed to be produced by, the employer at the facility
is substantially similar to the product or service
produced at the facility before its most recent closure.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-815 new)
(was 20 ILCS 605/46.19a, subsec. (7)) (from Ch. 127, par.
46.19a)
Sec. 605-815. Unemployed and underemployed single
parents. (7) The Department, in cooperation with the
Departments of Human Services and Employment Security, may
establish a program to encourage community action agencies to
establish programs that will help unemployed and
underemployed single parents to identify, access, and
develop, through such means as counseling or mentoring,
internal and external resources that will enable those single
parents to become emotionally and financially
self-sufficient. The intended primary beneficiaries of the
local programs shall be female heads of households who are at
least 22 but less than 46 years of age and who are physically
able to work but are unemployed or underemployed. The
Department may make grants, subject to the availability of
funding, to communities and local agencies for the purpose of
establishing local programs as described in this Section
subsection (7). A grant under this Section subsection (7)
shall be made for a period of one year and may be renewed if
the Department determines that the program is successful in
meeting its objectives. If the Department determines that
implementation of a program has resulted in a savings of
State moneys that otherwise would have been paid to
beneficiaries of the program, the Department, on renewing a
grant, may adjust the grant amount for those demonstrated
savings.
For purposes of this Section subsection, a person is
underemployed if his or her income from employment is less
than 185% of the federal official poverty income guideline.
(Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
eff. 8-16-97.)
(20 ILCS 605/605-820 new)
(was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49)
Sec. 605-820. Public hearings on Job Training Partnership
Act plans and programs. 46.49. To require Service Delivery
Areas established under the federal Job Training Partnership
Act to hold public hearings on the job training plans
developed for their respective jurisdictions pursuant to
Section 104 of the federal Job Training Partnership Act. The
Such public hearings shall be held by the Service Delivery
Areas prior to the submission of the job training plans to
the Department for review and approval or disapproval on
behalf of the Governor. The Department shall, as part of its
plan submission requirements, direct Service Delivery Areas
to submit evidence that the such hearings have been held.
The Department shall hold public hearings regarding those
Job Training Partnership Act programs set aside under that
Act for direct administration and implementation by the
Governor. The Such public hearings shall be held prior to the
submission of the Governor's Coordination and Special
Services Plan to the General Assembly for review and comment
and to the Governor for approval.
(Source: P.A. 83-1528.)
(20 ILCS 605/605-825 new)
(was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65)
Sec. 605-825. 46.65. Earnfare Program. The Department
shall, through the Job Training Partnership Act and local
private industry councils, provide job skills training, job
placement, client management, and supportive services for
Earnfare participants, using existing II-A funds.
(Source: P.A. 87-893.)
(20 ILCS 605/605-850 new)
(was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par.
46.32a)
Sec. 605-850. Labor-Management Cooperation Committee.
46.32a.
(a) The Department shall promote labor-management
relations and provide assistance in the development of local
labor-management committees.
(b) In the Department there shall be a Labor-Management
Cooperation Committee composed of 12 public members appointed
by the Governor with the advice and consent of the Senate.
Six members shall represent executive level management of
businesses that employ labor union members, and 6 members
shall represent major labor union leadership. The Governor
shall designate 1 business representative and 1 labor
representative as cochairmen. Appointed members shall not be
represented at a meeting by another person. There shall be 6
ex officio nonvoting members: the Director of the Department,
who shall serve as Secretary, the Director of the Department
of Labor, the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House of Representatives, and
the Minority Leader of the House of Representatives. Each ex
officio member shall serve during the term of his or her
office. Ex officio members may be represented by duly
authorized substitutes.
In making the initial public member appointments to the
Committee, 3 of the business representatives and 3 of the
labor union representatives shall be appointed for terms
expiring July 1, 1987. The remaining public members shall be
appointed for terms expiring July 1, 1988. Thereafter, public
members of the Committee shall be appointed for terms of 2
years expiring on July 1, or until their successors are
appointed and qualified. The Governor may at any time, with
the advice and consent of the Senate, make appointments to
fill vacancies for the balance of an unexpired term. Public
members shall serve without compensation, but shall be
reimbursed by the Department for necessary expenses incurred
in the performance of their duties. The Department shall
provide staff assistance to the Committee.
(c) The Committee shall have the following duties:
(1) To improve communications between labor and
management on significant economic problems facing the
State.;
(2) To encourage and support the development of
local labor-management committees at the plant, industry
and area levels across the State.;
(3) To assess the progress of area labor-management
committees that have been formed across the State and
provide input to the Director of the Department
concerning matching grants to area labor-management
committees or other grant programs established in this
Act.;
(4) To convene a statewide conference on
labor-management concerns at least once every 2 years.;
(5) To issue a report on labor-management concerns
to the Governor and the General Assembly every 2 years
commencing in March of 1987. This report shall outline
the accomplishments of the Committee and specific
recommendations for improving Statewide labor-management
relations.
(Source: P.A. 88-456.)
(20 ILCS 605/605-855 new)
(was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par.
46.32a)
Sec. 605-855. Grants to local labor-management
committees.
(a) (b) The Director, with the advice of the
Labor-Management Cooperation Committee, shall have the
authority to provide matching grants, grants, and other
resources to establish or assist area labor-management
committees and other projects that which serve to enhance
labor-management relations. The Department shall have the
authority, with the advice of the Labor-Management
Cooperation Committee, to award grants or matching grants in
4 four areas as provided in subsections (b) through (e).:
(b) (1) At least 60% 60 percent of the annual
appropriation to the Department, for providing
labor-management grants and resources shall be awarded as
matching grants to existing local labor-management
committees. To be eligible for matching grants pursuant to
this subsection, local labor-management committees shall meet
all of the following criteria:
(1) (i) Be a formal, not-for-profit organization
structured for continuing service with voluntary
membership.;
(2) (ii) Be composed of labor and management
representatives.;
(3) (iii) Service a distinct and identifiable
geographic region.;
(4) (iv) Be staffed by a professional chief
executive officer.;
(5) (v) Have been established with the Department
for at least 2 two years.;
(6) (vi) Operate in compliance with rules set forth
by the Department with the advice of the Labor-Management
Cooperation Committee.; and
(7) (vii) Ensure that their its efforts and
activities are coordinated with relevant agencies,
including but not limited to the following:
Department of Commerce and Community Affairs
Illinois Department of Labor
Economic development agencies
Corridor councils
Planning agencies
Colleges, universities, and community colleges
U.S. Department of Labor
Statewide Job Training Partnership Act
Entities.
Further, the purpose of the local labor-management
committees will include, but not be limited to, the
following:
(8) (i) Enhancing the positive labor-management
relationship within the State, region, community, and/or
work place.;
(9) (ii) Assisting in the retention, expansion, and
attraction of businesses and jobs within the State
through special training programs, gathering and
disseminating dissemination of information, and providing
assistance in local economic development efforts as
appropriate.;
(10) (iii) Creating and maintaining a regular
nonadversarial forum for ongoing dialogue between labor
and management representatives to discuss and resolve
issues of mutual concern outside the realm of the
traditional collective bargaining process.;
(11) (iv) Acting as an intermediary for initiating
local programs between unions and employers that which
would generally improve economic conditions in a region.;
(12) (v) Encouraging, assisting, and facilitating
the development of work-site and industry
labor-management committees in the region.
Any local labor-management committee meeting these
criteria may apply to the Department for annual matching
grants, providing that the local committee contributes at
least 25% 25 percent in matching funds, of which no more than
50% 50 percent shall be "in-kind" services. Funds received
by a local committee pursuant to this subsection shall be
used for the ordinary operating expenses of the local
committee.
(c) (2) Up to 20% 20 percent of the annual appropriation
to the Department for providing labor-management grants and
resources may be awarded as matching grants to local
labor-management committees that which do not meet all of the
eligibility criteria set forth in subsection (b) (1).
However, to be eligible to apply for a grant under this
subsection (c), the local labor-management committee, at a
minimum, shall meet all of the following criteria:
(1) (i) Be composed of labor and management
representatives.;
(2) (ii) Service a distinct and identifiable
geographic region.;
(3) (iii) Operate in compliance with the rules set
forth by the Department with the advice of the
Labor-Management Cooperation Committee.; and
(4) (iv) Ensure that its efforts and activities are
directed toward enhancing the labor-management
relationship within the State, region, community, and/or
work place.
Any local labor-management committee meeting these
criteria may apply to the Department for an annual matching
grant, providing that the local committee contributes at
least 25% 25 percent in matching funds of which no more than
50% 50 percent shall be "in-kind" services. Funds received
by a local committee pursuant to this paragraph (2) of
subsection (c) (b) of this Section shall be used for the
ordinary and operating expenses of the local committee.
Eligible committees shall be limited to 3 three years of
funding under this subsection. With respect to those
committees participating in this program prior to enactment
of this amendatory Act of 1988 that which fail to qualify
under paragraph (1) of this subsection (c) (b) of this
Section, previous years' funding shall be counted in
determining whether those committees have reached their
funding limit under this paragraph (2).
(d) (3) Up to 10% 10 percent of the annual appropriation
to the Department for providing labor-management grants and
resources may be awarded as grants to develop and conduct
specialized education and training programs of direct benefit
to representatives of labor, management, labor-management
committees and/or their staff. The type of education and
training programs to be developed and offered will be
determined and prioritized annually by the Department, with
the advice of the Labor-Management Cooperation Committee.
The Department will develop and issue an annual request for
proposal detailing the program specifications.
(e) (4) Up to 10% 10 percent of the annual appropriation
to the Department for providing labor-management grants and
resources may be awarded as grants for research and
development projects related to labor-management issues. The
Department, with the advice of the Labor-Management
Cooperation Committee, will develop and prioritize annually
the type and scope of the research and development projects
deemed necessary.
(f) The Department is authorized to establish
applications and, application procedures and promulgate any
rules deemed necessary in the administration of the such
grants.
(Source P.A. 88-456.)
(20 ILCS 605/605-860 new)
(was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par.
46.32a)
Sec. 605-860. Office of Labor-Management Cooperation.
(c) To administer the grant programs created by this Law
Act, the Department shall establish an Office of
Labor-Management Cooperation. The purpose of this office
shall include, but not be limited to the following:
(1) To administer the grant programs, including
developing grant applications and requests for proposals
proposal, program monitoring, and evaluation.
(2) To serve as State liaison with other state,
regional and national organizations devoted to promoting
labor-management cooperation; and to disseminate
disseminating pertinent information secured through these
State, regional, and national affiliations to local
labor-management committees, the Labor-Management
Cooperation Committee, and other interested parties
throughout the State.
(3) To provide technical assistance to area,
industry, or work-site labor-management committees as
requested.
(4) To serve as a clearinghouse for information
related to labor-management cooperation.
(5) To serve as a catalyst to developing and
strengthening a partnership among local, State, regional,
and national organizations and agencies devoted to
enhancing labor-management cooperation.
(6) To provide any other programs or services that
which enhance labor-management cooperation within the
State of Illinois as determined by the Director with the
advice of the Labor-Management Cooperation Committee.
(Source: P.A. 88-456.)
(20 ILCS 605/605-875 new)
(was 20 ILCS 605/46.68)
Sec. 605-875. 46.68. Safety loan program.
(a) The Department of Commerce and Community Affairs may
develop and implement a small business safety loan program to
allow employers the opportunity to improve workplace safety.
The loans shall be made from appropriations for that purpose.
The loans shall be secured by adequate collateral, may be for
a term of no more than 5 years, and may bear interest at a
discounted rate. The Department shall promulgate all
necessary rules to implement the program.
(b) Any loan made under this Section shall: (1) be made
only if an on-site safety and health consultation and
recommendations for correction have been completed by the
Department's Industrial Service Division; and (2) finance no
more than $50,000 or 80% of the total project and no less
than $10,000.
(c) The Illinois Safety Revolving Loan Fund is created
as a separate fund within the State treasury.
The purpose of the Fund is to provide loans to and
finance administration of loans to small businesses in
Illinois.
There shall be deposited into the Fund amounts including,
but not limited to, the following:
(1) All receipts, including dividends, principal,
and interest payments from any applicable loan agreement
made from the Fund or from direct appropriations.;
(2) All proceeds of assets of whatever nature
received by the Department as a result of default or
delinquency with respect to loan agreements made from the
Fund or from direct appropriations by the General
Assembly, including proceeds from the sale, disposal,
lease, or rental of real or personal property that the
Department may have received as a result of the default
or delinquency.;
(3) Any appropriations, grants, or gifts made to
the Fund.; and
(4) Any income received from interest on
investments of moneys in the Fund.
(d) The implementation of or continuation of this
program during any fiscal year is dependent upon federal
funding, through the Department of Labor, committed to the
Onsite Safety and Health Consultation Program prior to the
beginning of that fiscal year.
(Source: P.A. 89-423, eff. 6-1-96.)
(20 ILCS 605/605-900 new)
(was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b)
Sec. 605-900. Construction loans to local governments for
revenue producing capital facilities. 46.6b. To make loans to
units of local government for construction of revenue
producing capital facilities, subject to the such terms and
conditions condition as it deems necessary to ensure
repayment.
(Source: P.A. 85-552.)
(20 ILCS 605/605-905 new)
(was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b)
Sec. 605-905. Grants to local governments in connection
with federal prisons. 46.41b. To make grants to units of
local government for (i) land acquisition and all necessary
improvements upon or related thereto for the purpose of
facilitating the location of federal prisons in Illinois and
(ii) for the development of industrial or commercial parks,
or both, that which are adjacent to or abut any federal
prison constructed in Illinois after January 9, 1990 (the
effective date of Public this amendatory Act 86-1017) of
1989.
(Source: P.A. 86-1017.)
(20 ILCS 605/605-910 new)
(was 20 ILCS 605/46.56) (from Ch. 127, par. 46.56)
Sec. 605-910. Grants to municipalities for site
development along waterways. 46.56. In cooperation with the
Department of Transportation, to make grants and provide
financial assistance to municipalities for site development
along waterways in order to promote commercial and industrial
development.
(Source: P.A. 84-1124.)
(20 ILCS 605/605-915 new)
(was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45)
Sec. 605-915. Assisting local governments to achieve
lower borrowing costs. 46.45. To cooperate with the Illinois
Development Finance Authority in assisting local governments
to achieve overall lower borrowing costs and more favorable
terms under Sections 7.50 through 7.61 of the Illinois
Development Finance Authority Act, including using the
Department's federally funded Community Development
Assistance Program for those such purposes.
(Source: P.A. 83-1367.)
(20 ILCS 605/605-920 new)
(was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47)
Sec. 605-920. Assisting local governments; debt
management, capital facility planning, infrastructure.
46.47. To provide, in cooperation with the Illinois
Development Finance Authority, technical assistance to local
governments with respect to debt management and bond
issuance, capital facility planning, infrastructure
financing, infrastructure maintenance, fiscal management, and
other infrastructure areas.
(Source: P.A. 83-1367.)
(20 ILCS 605/605-925 new)
(was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48)
Sec. 605-925. Helping local governments reduce
infrastructure costs. 46.48. To develop and recommend to the
Governor and the General Assembly, in cooperation with the
Illinois Development Finance Authority and local governments,
methods and techniques that can be used to help local
governments reduce their public infrastructure costs,
including strengthened local financial management, user fees,
and other appropriate options.
(Source: P.A. 83-1367.)
(20 ILCS 605/605-930 new)
(was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27)
Sec. 605-930. Assisting home rule units; composite bond
issues for mortgages. 46.27. At the request of any home rule
unit, to assist the such home rule unit in providing
composite bond issues for mortgages in order to enable the
such home rule unit to benefit from the federal allocation of
tax exempt mortgage revenue bonds authorized under the
federal "Mortgage Subsidy Bond Tax Act of 1981" (Title XI of
Public Law 96-499), as now or hereafter amended.
(Source: P.A. 83-651.)
(20 ILCS 605/605-935 new)
(was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32)
Sec. 605-935. Referrals to State universities for special
economic problems. 46.32. To encourage the establishment,
with the assistance of the Board of Higher Education, of a
system for referring representatives of communities in which
there exist special economic problems and opportunities to
the most appropriate State university for assistance. The
Department may also cooperate with the universities in
providing advice and assistance to communities or groups of
citizens seeking to offset the economic impact of the removal
or termination of substantial industrial or commercial
operations.
(Source: P.A. 81-835; 81-1509.)
(20 ILCS 605/605-940 new)
(was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
Sec. 605-940. Clearing house for local government
problems; aid with financial and administrative matters.
46.37. The Department shall provide for a central clearing
house for information concerning local government problems
and various solutions to those problems and shall assist and
aid local governments of the State in matters relating to
budgets, fiscal procedures, and administration. In performing
this responsibility the Department shall have the power and
duty to do the following:
(1) (a) Maintain communication with all local
governments and assist them, at their request, to improve
their administrative procedures and to facilitate
improved local government and development.;
(2) (b) Assemble and disseminate information
concerning State and federal programs, grants, gifts, and
subsidies available to local governments and to provide
counsel and technical services and other assistance in
applying for those such programs, grants, gifts, and
subsidies.;
(3) (c) Assist in coordinating activities by
obtaining information, on forms provided by the
Department or by receipt of proposals and applications,
concerning State and federal assisted programs, grants,
gifts, and subsidies applied for and received by all
local governments.;
(4) (d) Provide direct consultative services to
local governments upon request and provide staff services
to special commissions, the Governor, or the General
Assembly or its committees.;
(5) (e) Render advice and assistance with respect
to the establishment and maintenance of programs for the
training of local government officials and other
personnel, including programs of intergovernmental
exchange of personnel.;
(6) (f) To Act as the official State agency for the
receipt and distribution of federal funds that which are
or may be provided to the State on a flat grant basis for
distribution to local governments or in the event federal
law requires a State agency to implement programs
affecting local governments and for State funds that
which are or may be provided for the use of local
governments unless otherwise provided by law.;
(7) (g) To Administer such laws relating to local
government affairs as the General Assembly may direct.;
(8) (h) Provide all advice and assistance to
improve local government administration, ensure to insure
the economical and efficient provision of local
government services, and to make the Civil Administrative
Code of Illinois this Act effective.;
(9) (i) Give advice and counsel on fiscal problems
of local governments of the State to those such local
governments.;
(10) (j) Prepare uniform budgetary forms for use by
the local governments of the State.;
(11) (k) Assist and advise the local governments of
the State in matters pertaining to budgets, appropriation
requests and ordinances, the determination of property
tax levies and rates, and other matters of a financial
nature.;
(12) (l) Be a repository for financial reports and
statements required by law of local governments of the
State, and publish financial summaries of those reports
and statements. thereof;
(13) (m) At the request of local governments,
provide assistance in preparing bond issues, review
bonding proposals, and assist in marketing bonds, and
provide by January 1, 1985, model forms for the
disclosure of all information of significance to
potential purchasers of long or short term debt of local
governments and all information required to be disclosed
in connection with the sale of long or short term debt by
local governments.;
(14) (n) Prepare proposals and advise on the
investment of idle local government funds.;
(15) (o) Administer the program of grants, loans,
and loan guarantees under the federal Public Works and
Economic Development Act of 1965, as amended, 42 U.S.C.
3121 and following et seq., and to receive and disburse
State and federal funds provided for that program and
moneys received as repayments of loans made under the
program.;
(16) (p) After January 1, 1985, upon the request of
local governments, to prepare and provide model financial
statement forms designed to communicate to taxpayers,
service consumers, voters, government employees, and news
media, in a non-technical manner, all significant
financial information regarding a particular local
government, and to prepare and provide to local
governments a summary of local governments' obligations
concerning the adoption of an annual operating budget.
The which summary shall be set forth in a non-technical
manner and shall be designed principally for distribution
to, and the use of, taxpayers, service consumers, voters,
government employees, and news media.
(Source: P.A. 83-1362.)
(20 ILCS 605/605-945 new)
(was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38)
Sec. 605-945. Development of safe and decent housing.
46.38. The Department shall foster the development of safe
and decent housing for Illinois citizens and shall perform
all duties provided by law. In performing this responsibility
the Department shall have the power and duty to do the
following:
(1) (a) Coordinate and, wherever provided by law,
to supervise or administer the several programs of State
and federal assistance and grants related to housing and
urban renewal, including but not limited to housing,
redevelopment, urban renewal, urban planning assistance,
building codes, building code enforcement, housing codes,
housing code enforcement, area development,
revitalization of central city cores, mass
transportation, public works, and community facilities,
and to furnish technical assistance on any program of
housing and urban renewal.;
(2) (b) To Exercise the rights, powers, and duties
provided in sub-paragraphs (1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), and (12) of Section 605-115. 46.36
of this Act;
(3) (c) To Perform such other duties that as may be
necessary to implement applicable law and to ensure
insure orderly administration of the Department.
(Source: P.A. 81-1509.)
(20 ILCS 605/605-950 new)
(was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a)
Sec. 605-950. Federal funds for housing. 46.38a. The
Department of Commerce and Community Affairs is authorized to
receive and distribute federal funds to foster safe and
decent housing and for reimbursement of social service
expenses in connection with emergency shelter for the
homeless.
(Source: P.A. 85-1021.)
(20 ILCS 605/605-990 new)
(was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a)
Sec. 605-990. Notice of legislation affecting local
governments. 46.37a. Beginning on March 1, 1984 and annually
thereafter, the Department shall notify each county,
municipality, and township of all State legislation that
which has taken effect during the preceding 12 months that
which in the Department's view directly affects or has
significant impact upon the functioning of local governments.
Notice shall be provided by delivering, by mail or otherwise,
to each such unit of local government a listing of the
legislation.
(Source: P.A. 83-915.)
(20 ILCS 605/605-995 new)
(was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40)
Sec. 605-995. Contracts to perform functions at request
of local governments. 46.40. The Director may contract on
behalf of the Department, at the request of the corporate
authorities of any municipality, if the proposed function
takes place within the such municipality, or at the request
of the corporate authorities of the county, if the proposed
function takes place in an unincorporated area, with any
person, firm, or corporation to perform any of the functions
provided herein, within the corporate limits as provided in
this Section. The Department shall not expend State funds on
a contractual basis for those such functions unless those
functions and expenditures are expressly authorized by the
General Assembly.
(a) All contracts entered into by the Director shall
provide for annual audits and reports of activities conducted
under terms of the contract, unless more frequently requested
by the Director. The Director shall take such other steps as
are necessary to ensure insure the proper discharge of
contract responsibilities.;
(b) The Department shall promulgate rules and
regulations concerning the Department's operations or
programs established to meet these purposes.
(Source: P.A. 81-1509.)
(20 ILCS 805/Art. 805 heading new)
ARTICLE 805. DEPARTMENT OF NATURAL
RESOURCES (CONSERVATION)
(20 ILCS 805/805-1 new)
Sec. 805-1. Article short title. This Article 805 of
the Civil Administrative Code of Illinois may be cited as the
Department of Natural Resources (Conservation) Law.
(20 ILCS 805/805-5 new)
Sec. 805-5. Definitions. In this Law:
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
(20 ILCS 805/805-10 new)
(was 20 ILCS 805/63a) (from Ch. 127, par. 63a)
Sec. 805-10. Department's powers, generally. 63a. The
Department of Natural Resources has the powers enumerated in
the following Sections 63a1 through 63b2.9.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
(20 ILCS 805/805-15 new)
(was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37)
Sec. 805-15. Rules and regulations. The Department has
the power 63a37. to adopt and enforce rules and regulations
necessary to the performance of its statutory duties.
(Source: P.A. 84-437.)
(20 ILCS 805/805-25 new)
(was 20 ILCS 805/63b2.8)
Sec. 805-25. 63b2.8. Public benefit certification. The
Department has the power to certify whether land encumbered
by a conservation right provides a demonstrated public
benefit for purposes of reduced land valuation in accordance
with Section 10-167 of the Property Tax Code.
(Source: P.A. 88-657, eff. 1-1-95.)
(20 ILCS 805/805-30 new)
(was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38)
Sec. 805-30. Illinois Conservation Corps; Illinois Youth
Recreation Corps. The Department has the power 63a38. to
administer the Illinois Conservation Corps Program and the
Illinois Youth Recreation Corps Program created by the
"Illinois Youth and Young Adult Employment Act of 1986",
enacted by the 84th General Assembly, and to promulgate rules
and regulations for the administration of the programs.
(Source: P.A. 84-1430.)
(20 ILCS 805/805-35 new)
(was 20 ILCS 805/63a40)
Sec. 805-35. 63a40. Adopt-A-River program. The
Department has the power to establish and maintain
Adopt-A-River programs with individual or group volunteers in
an effort to encourage and facilitate volunteer group
involvement in litter cleanup in and along portions of rivers
and streams located in State parks and park lands. These
programs shall include but not be limited to the following:
(1) Providing and coordinating services by
volunteers to reduce the amount of litter including
providing trash bags and trash bag pickup and, where
necessary, providing briefings on safety procedures.
(2) Providing and installing signs identifying
those volunteers participating in the Adopt-A-River
program in particular parks and park lands.
The State and the Department of Natural Resources and its
employees are not liable for any damages or injury suffered
by any person resulting from his or her participation in the
program or from the actions or activities of the volunteers.
(Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
90-14, eff. 7-1-97.)
(20 ILCS 805/805-40 new)
(was 20 ILCS 805/63a41)
Sec. 805-40. 63a41. Establishment of Adopt-A-Park
program. The Department of Natural Resources may establish
and maintain Adopt-A-Park programs with individual or group
volunteers in an effort to reduce and remove litter from
parks and park lands. These programs shall include but not
be limited to the following:
(1) Providing and coordinating services by
volunteers to reduce the amount of litter, including
providing trash bags and trash bag pickup and, in
designated areas where volunteers may be in close
proximity to moving vehicles, providing safety briefings
and reflective safety gear.
(2) Providing and installing signs identifying
those volunteers adopting particular parks and park
lands.
(Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
90-14, eff. 7-1-97.)
(20 ILCS 805/805-70 new)
(was 20 ILCS 805/63b2.9)
Sec. 805-70. 63b2.9. Grants and contracts.
(a) The Department has the power to accept, receive,
expend, and administer, including by grant, agreement, or
contract, those funds that are made available to the
Department from the federal government and other public and
private sources in the exercise of its statutory powers and
duties.
(b) The Department may make grants to other State
agencies, universities, not-for-profit organizations, and
local governments, pursuant to an appropriation in the
exercise of its statutory powers and duties.
(Source: P.A. 90-490, eff. 8-17-97.)
(20 ILCS 805/805-80 new)
(was 20 ILCS 805/63b1.2)
Sec. 805-80. 63b1.2. Indirect cost reimbursements.
Indirect cost reimbursements applied for by the Department of
Natural Resources may be allocated as State matching funds.
Any indirect cost reimbursement applied for and received by
the Department shall be deposited into to the same fund as
the direct cost and may be expended, subject to
appropriation, for support of programs administered by the
Department of Natural Resources.
(Source: P.A. 90-490, eff. 8-17-97.)
(20 ILCS 805/805-100 new)
(was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1)
Sec. 805-100. Conservation of fish and game. The
Department has the power 63a1. to take all measures necessary
for the conservation, preservation, distribution,
introduction, propagation, and restoration of fish, mussels,
frogs, turtles, game, wild animals, wild fowls, and birds.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-105 new)
(was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2)
Sec. 805-105. Conservation of fauna and flora. The
Department has the power 63a2. to take all measures necessary
for the conservation, preservation, distribution,
introduction, propagation, and restoration of the fauna and
flora, except where other laws designate responsibilities
specifically to other governmental agencies. The Director
and authorized employees of the Department may expend such
sums as the Director deems necessary to purchase any fauna
and flora or parts thereof protected by the Department for
use as evidence of a violation of the Fish and Aquatic Life
Code, the Wildlife Code, or any other Act administered by the
Department, and may employ persons to obtain that such
evidence. The Director is authorized to establish
investigative cash funds for the purpose of purchasing
evidence or financing any investigation of persons suspected
of having violated those such Acts. The Such investigative
cash funds shall be operated and maintained on the imprest
system, and no such fund shall exceed $10,000. The
Department is authorized to deposit the such money in a
locally held bank account. The Such funds to be expended
shall come from public donations, proceeds from the sale of
flora and fauna no longer or not needed as evidence that were
purchased with investigative cash funds, and appropriations
to the Department for contractual services.
(Source: P.A. 87-798; 87-895.)
(20 ILCS 805/805-110 new)
(was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3)
Sec. 805-110. Statistics relating to fauna and flora.
The Department has the power 63a3. to collect and publish
statistics relating to the fauna and flora.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-115 new)
(was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4)
Sec. 805-115. Conservation information. The Department
has the power 63a4. to acquire and disseminate information
concerning the propagation and conservation of the fauna and
flora, and the activities of the Department and the
industries affected by conservation and propagation.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-120 new)
(was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5)
Sec. 805-120. Pollution prevention. The Department has
the power 63a5. to exercise all rights, powers, and duties
conferred by law and to take such measures that as are
necessary for the prevention of pollution of and engendering
of sanitary and wholesome conditions in rivers, lakes,
streams, and other waters in this State that as will promote,
protect, and conserve fauna and flora and to work in
conjunction with any other department of State government
that is as shall be proceeding to prevent stream and water
pollution.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-125 new)
(was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1)
Sec. 805-125. Agreements with federal agencies. 63b1.
The Department has of Natural Resources shall have the power
and authority to enter into agreements with appropriate
federal agencies in order to better effect cooperative
undertakings in the conservation, preservation, distribution,
and propagation of fish, mussels, frogs, turtles, game, wild
animals, wild fowls, birds, trees, plants, and forests.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-130 new)
(was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8)
Sec. 805-130. Conservation of forests. The Department
has the power 63a8. to take such measures for the promotion
of planting, encouragement, protection, and conservation of
forests and to promote forestry in this State, including but
not limited to reforestation, woodland management, fire
management, and forest marketing and utilization, to exercise
the rights, powers, and duties in relation thereto that are
as may be conferred by law, to promote sound forestry
management as described by the "Illinois Forestry Development
Act", and to carry out the functions ascribed to the
Department by that Act.
(Source: P.A. 85-150.)
(20 ILCS 805/805-200 new)
(was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1)
Sec. 805-200. Property given in trust. The Department
has the power 63a13-1. to accept, hold, maintain, and
administer, as trustee, property given in trust for
educational, recreational, or historic purposes for the
benefit of the People of the State of Illinois and to dispose
of that such property pursuant to the terms of the instrument
creating the trust.
(Source: Laws 1968, p. 148.)
(20 ILCS 805/805-205 new)
(was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29)
Sec. 805-205. Acquiring real property subject to life
estate. The Department has the power 63a29. to acquire, for
purposes authorized by law, any real property in fee simple
subject to a life estate in the seller in not more than 3
acres of the real property acquired, subject to the
restrictions that the life estate shall be used for
residential purposes only and that it shall be
non-transferable.
(Source: P.A. 79-332.)
(20 ILCS 805/805-210 new)
(was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33)
Sec. 805-210. Purchasing land for State parks. The
Department has the power 63a33. to purchase land for State
park purposes by contract for deed under the terms and
restrictions of Section 2 of the "An Act in relation to the
acquisition, control, maintenance, improvement and protection
of State Parks Act and nature preserves", approved June 26,
1925, as now or hereafter amended. The Such purchase
restrictions under that Act thereunder shall include and take
into consideration any purchases by contract for deed under
Sections 805-205, 805-215, 805-225, 805-230, and 805-255
63a10, 63a17, 63a18, 63a19 and 63a29 of this Act.
(Source: P.A. 81-554; 81-1509.)
(20 ILCS 805/805-215 new)
(was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17)
Sec. 805-215. Acquiring jurisdiction over federal
government lands. The Department has the power 63a17. to
acquire jurisdiction by lease, purchase, contract, or
otherwise, over any lands held by or otherwise under the
jurisdiction of the federal government for the purpose of
carrying out any power or duty conferred upon the Department
and to locate, relocate, construct, and maintain roadways and
parking areas on those such lands and to supply all
facilities necessary for public use of the areas.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-220 new)
(was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34)
Sec. 805-220. Historic structures. The Department has
the power 63a34. to lease or purchase any lands or
structures for the purpose of restoring, renovating, and
maintaining structures of historic significance that which
are listed in the Illinois or National Register of Historic
Places for public use; to acquire all necessary property or
rights-of-way for the purpose of providing access to those
such structures; and to construct buildings or such other
facilities as the Department deems necessary or desirable for
maximum utilization of those such facilities for public use.
However, any structures obtained for the purpose of being
used as State office facilities shall be subject to the
authority of the Department of Central Management Services,
and any leases for those such facilities shall be negotiated
and executed by the Department of Central Management
Services.
(Source: P.A. 83-282.)
(20 ILCS 805/805-225 new)
(was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19)
Sec. 805-225. Conservation of natural or scenic
resources. The Department has the power 63a19. to acquire
the fee or any lesser interests, including scenic easements,
in real property in order to preserve, through limitation of
future use, areas of great natural scenic beauty or areas
whose existing openness, natural condition, or present state
of use, if retained, would enhance the present or potential
value of abutting or surrounding recreational area
development, or would maintain or enhance the conservation of
natural or scenic resources.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-230 new)
(was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18)
Sec. 805-230. Developing recreational areas. The
Department has the power 63a18. to lease from individuals,
corporations, or any other form of private ownership, from
any municipality, public corporation, or political
subdivision of this State, or from the United States, any
lands or waters for the purpose of developing outdoor
recreational areas for public use and to acquire all
necessary property or rights-of-way, for the purposes of
ingress or egress to those such lands and waters, and to
construct buildings and other recreational facilities,
including roadways, bridges, and parking areas, that as the
Department deems necessary or desirable for maximum
utilization of recreational facilities for public use of the
areas.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-235 new)
(was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6)
Sec. 805-235. Lease of lands acquired by the Department;
disposition of obsolete buildings. The Department has the
power 63a6. to do and perform each and every act or thing
considered by the Director to be necessary or desirable to
fulfill and carry out the intent and purpose of all laws
pertaining to the Department, of Natural Resources including
the right to rehabilitate or sell at public auction,
buildings or structures affixed to lands over which the
Department has acquired jurisdiction when in the judgment of
the Director those such buildings or structures are obsolete,
inadequate, or unusable for the purposes of the Department
and to lease those such lands with or without appurtenances
for a consideration in money or in kind for a period of time
not in excess of 5 years for the such purposes and upon the
such terms and conditions that as the Director considers to
be in the best interests of the State when those such lands
are not immediately to be used or developed by the State.
All those such sales shall be made subject to the written
approval of the Governor. The funds derived from those such
sales and from those such leases shall be deposited in the
State Parks Fund, except that funds derived from those such
sales and from those such leases on lands managed and
operated principally as wildlife or fisheries areas by the
Department of Natural Resources shall be deposited in the
Wildlife and Fish Fund.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-240 new)
(was 20 ILCS 805/63b) (from Ch. 127, par. 63b)
Sec. 805-240. Sale of land affected by federal emergency
conservation work; work on privately owned land. 63b.
(a) The Department has of Natural Resources shall have
the power and authority for and on behalf of the State to
make contractual agreements with the federal government
providing that if, as a result of the emergency conservation
work done by the federal government on State, county, and
municipally owned land in Illinois, under the provisions of a
federal act entitled "An Act for the relief of unemployment
through the performance of useful public work, and for other
purposes,", enacted by the 73rd Congress, the State derives a
direct profit from the sale of that such land or its
products, then that the proceeds will be divided equally
between the State of Illinois, and the federal government
until the State shall have paid for the work done at the rate
of $1.00 per man per day for the time spent on the such work
or projects, subject to a maximum of $3.00 per acre.
The Department's agreements with the U.S. Government may
include general indemnification provisions as required by
federal statutes for nonfederal sponsorship of a federally
authorized project.
(b) The Department may also assume responsibility for
the maintenance of work done on privately owned land either
by the owners of the land or otherwise and may by contract
with the owners reserve the right to remove any structures or
other things of removable value resulting from the work,
including products of trees planted, the such removal to be
without compensation to the landowner.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-245 new)
(was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1)
Sec. 805-245. Disposition of State park lands. 63b2.1.
The Department of Natural Resources shall not dispose of any
portion of a State park except as specifically authorized by
law. This prohibition shall not restrict the Department from
conveyance of easements and other lesser interests in land.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-250 new)
(was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20)
Sec. 805-250. Leases for strategic military sites. The
Department has the power 63a20. to lease lands over which the
Department has jurisdiction to the United States Army for use
as strategic military sites for a period not to exceed 10
years. All such leases, for whatever period, shall be subject
to the written approval of the Governor.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-255 new)
(was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10)
Sec. 805-255. Transfers to other State agency or federal
government; acquisition of federal lands. The Department has
the power 63a10. to transfer jurisdiction of or exchange any
realty under the control of the Department to any other
department of the State government, or to any agency of the
federal government, or to acquire or accept federal lands,
when the such transfer, exchange, acquisition, or acceptance
is advantageous to the State and is approved in writing by
the Governor.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-260 new)
(was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7)
Sec. 805-260. Licenses and rights-of-way for public
services. The Department has the power 63a7. to grant
licenses and rights-of-way within the areas controlled by the
Department for the construction, operation, and maintenance
upon, under, or across the such property, of facilities for
water, sewage, telephone, telegraph, electric, gas, or other
public service, subject to such terms and conditions as may
be determined by the Department.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-265 new)
(was 20 ILCS 805/63a39)
Sec. 805-265. Public utility easement on Tunnel Hill
Bicycle Trail. The Department has the power 63a39. to grant
a public utility easement in the Saline Valley Conservance
District on the Tunnel Hill Bicycle Trail for construction
and maintenance of a waterline, subject to such terms and
conditions as may be determined by the Department.
(Source: P.A. 88-369.)
(20 ILCS 805/805-270 new)
(was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26)
Sec. 805-270. Surplus agricultural products. The
Department has the power 63a26. to sell or exchange surplus
agricultural products grown on land owned by or under the
jurisdiction of the Department, when those such products
cannot be used by the Department.
(Source: P.A. 83-1374; 83-1486.)
(20 ILCS 805/805-275 new)
(was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
Sec. 805-275. Sale of 63a27. To sell gravel and other
materials. The Department has the power to sell gravel, sand,
earth, or other material from any State of Illinois owned
lands or waters under the jurisdiction of the Department at a
fair market price. The proceeds from the such sales shall be
deposited into in the Wildlife and Fish Fund in the State
treasury.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 805/805-300 new)
(was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21)
Sec. 805-300. Public accommodation, educational, and
service facilities. The Department has the power 63a21. to
develop and operate public accommodation, educational, and
service facilities on lands over which the Department has
jurisdiction, and to lease lands over which the Department
has jurisdiction to persons or public or private corporations
for a period not to exceed 99 years for the construction,
maintenance, and operation of public accommodation,
educational, and service facilities. Those Such public
accommodation, educational, and service facilities include,
but are not limited to, marinas, overnight housing
facilities, tent and trailer camping facilities, recreation
facilities, food service facilities, and similar
accommodations. With respect to lands leased from the federal
government or any agency of the federal government thereof,
the Department may sub-lease those such lands for a period
not to exceed the time of duration of the federal lease with
the same renewal options that are contained in the federal
lease. All such leases or sub-leases, for whatever period,
shall be made subject to the written approval of the
Governor.
(Source: P.A. 84-984.)
(20 ILCS 805/805-305 new)
(was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
Sec. 805-305. 63a23. Campsites and housing facilities.
The Department has the power to provide facilities for
overnight tent and trailer camp sites and to provide suitable
housing facilities for student and juvenile overnight camping
groups. The Department of Natural Resources may regulate, by
administrative order, the fees to be charged for tent and
trailer camping units at individual park areas based upon the
facilities available. However, for campsites with access to
showers or electricity, any Illinois resident who is age 62
or older or has a Class 2 disability as defined in Section 4A
of the Illinois Identification Card Act shall be charged only
one-half of the camping fee charged to the general public
during the period Monday through Thursday of any week and
shall be charged the same camping fee as the general public
on all other days. For campsites without access to showers
or electricity, no camping fee authorized by this Section
shall be charged to any resident of Illinois who has a Class
2 disability as defined in Section 4A of the Illinois
Identification Card Act. For campsites without access to
showers or electricity, no camping fee authorized by this
Section shall be charged to any resident of Illinois who is
age 62 or older for the use of a camp site unit during the
period Monday through Thursday of any week. No camping fee
authorized by this Section shall be charged to any resident
of Illinois who is a disabled veteran or a former prisoner of
war, as defined in Section 5 of the Department of Veterans
Affairs Act. Nonresidents shall be charged the same fees as
are authorized for the general public regardless of age. The
Department shall provide by regulation for suitable proof of
age, or either a valid driver's license or a "Golden Age
Passport" issued by the federal government shall be
acceptable as proof of age. The Department shall further
provide by regulation that notice of these such reduced
admission fees be posted in a conspicuous place and manner.
Reduced fees authorized in this Section shall not apply
to any charge for utility service.
(Source: P.A. 88-91; 89-445, eff. 2-7-96.)
(20 ILCS 805/805-310 new)
(was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24)
Sec. 805-310. Lease of campsite facilities from State
Parks Revenue Bond Commission. The Department has the power
63a24. to lease from the State Parks Revenue Bond Commission
any facilities for overnight tent and trailer campsites
constructed by the Commission that the Department may
consider desirable or necessary for the efficient operation
of the State Parks System. The income collected from these
such operations shall be deposited in the State Parks Revenue
Bond Fund.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-315 new)
(was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2)
Sec. 805-315. Cash incentives for concession complexes.
The Department has the power 63a21.2. to offer a cash
incentive not to exceed 35% of the total documented costs to
a qualified bidder for the development, construction, and
supervision by the such bidder of any concession complex,
including but not limited to resort hotels, park lodges,
marinas, golf courses, recreational developments, and
ancillary or support facilities pertinent thereto, on any
property leased to or under the jurisdiction of the
Department; provided, however, that all contracts utilizing
the State cash incentive program pursuant to this Section
shall be subject to public bidding and to the written
approval of the Governor. Prior to approval by the Governor,
the Department shall give reasonable public notice and
conduct a public hearing in a community close to the proposed
project.
(Source: P.A. 85-699; 86-1189.)
(20 ILCS 805/805-320 new)
(was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3)
Sec. 805-320. Cash incentive for concession complex at
Fort Massac State Park. The Department has the power
63a21.3. to offer a cash incentive not to exceed $400,000,
excluding land value, to a qualified bidder for the
development, construction, and supervision by the such bidder
of a concession complex at Fort Massac State Park, including
but not limited to a water recreational park, recreational
developments, and ancillary or support facilities pertinent
thereto, on any property leased to or under the jurisdiction
of the Department; provided, however, that all contracts
utilizing the State cash incentive program pursuant to this
Section shall be subject to public bidding and to the written
approval of the Governor. Prior to approval by the Governor,
the Department shall give reasonable public notice and
conduct a public hearing in a community close to the proposed
project.
(Source: P.A. 84-1316.)
(20 ILCS 805/805-325 new)
(was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25)
Sec. 805-325. Public boat launching facilities;
artificial water impoundments. The Department has the power
63a25. to cooperate and contract with municipalities,
counties, or other local governmental units to construct and
operate public boat launching facilities on the public waters
of this State and to build roads and parking areas in
connection therewith and to participate with all such
governmental units in planning and constructing artificial
water impoundments for recreational purposes.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-330 new)
(was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14)
Sec. 805-330. Lease of concessions. The Department has
the power 63a14. to lease concessions on any property under
the jurisdiction of the Department of Natural Resources for a
period not exceeding 25 years. All such leases, for whatever
period, shall be made subject to the written approval of the
Governor. All concession leases executed after January 1,
1982, extending for a period in excess of 10 years, shall
will contain provisions for the Department to participate, on
a percentage basis, in the revenues generated by any
concession operation.
The Department of Natural Resources is authorized to
allow for provisions for a reserve account and a leasehold
account included within departmental concession lease
agreements for the purpose of setting aside revenues for the
maintenance, rehabilitation, repair, improvement, and
replacement of the concession facility, structure, and
equipment of the Department that of Natural Resources which
are a part of the leased premises.
The leasehold account shall allow for the amortization of
certain authorized expenses that are incurred by the
concession lessee, but that which are not an obligation of
the lessee under the terms and conditions of the lease
agreement. The Department of Natural Resources may allow a
reduction of up to 50% of the monthly rent due for the
purpose of enabling the recoupment of the lessee's authorized
expenditures during the term of the lease.
The lessee shall be required to pay into the reserve
account a percentage of gross receipts, as set forth in the
lease, to be set aside and expended in a manner acceptable to
the Department by the concession lessee for the purpose of
ensuring that an appropriate amount of the lessee's monies
are provided by the lessee to satisfy the lessee's incurred
responsibilities for the operation of the concession facility
under the terms and conditions of the concession lease.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-335 new)
(was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
Sec. 805-335. 63a21.1. Fees. The Department has the
power to assess appropriate and reasonable fees for the use
of concession type facilities as well as other facilities and
sites under the jurisdiction of the Department of Natural
Resources. The Department may regulate, by rule, the fees to
be charged. The income collected shall be deposited into in
the State Parks Fund or Wildlife and Fish Fund depending on
the classification of the State managed facility involved.
(Source: P.A. 89-445, eff. 2-7-96; 90-655, eff. 7-30-98.)
(20 ILCS 805/805-400 new)
(was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22)
Sec. 805-400. Rental of watercraft. The Department has
the power 63a22. to provide rowboats and other watercraft for
daily rental at a reasonable fee at any of the State parks,
public hunting areas, public fishing areas, or other
properties of the Department of Natural Resources where those
such boating facilities are considered feasible.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-405 new)
(was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30)
Sec. 805-405. Sale of publications and craft items. The
Department has the power 63a30. to cooperate with private
organizations and agencies of the State of Illinois by
providing areas and the use of staff personnel where feasible
for the sale of publications on the natural and cultural
heritage of the State and craft items made by Illinois
craftsmen. The Such sales shall not conflict with existing
concession agreements. The Department is authorized to
negotiate with those such organizations and agencies for a
portion of the monies received from sales to be returned to
the Department's State Parks Fund for the furtherance of
interpretive and restoration programs.
(Source: P.A. 79-332; 79-847; 79-1454.)
(20 ILCS 805/805-410 new)
(was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32)
Sec. 805-410. Local bank accounts. The Department has
the power 63a32. to establish local bank or savings and loan
association accounts, upon the written authorization of the
Director, to temporarily hold income received at any of its
properties. Such Local accounts established pursuant to this
Section shall be in the name of the Department of Natural
Resources and shall be subject to regular audits. The
balance in a local bank or savings and loan association
account shall be forwarded to the Department of Natural
Resources for deposit with the State Treasurer on Monday of
each week if the amount to be deposited in a fund exceeds
$500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-420 new)
(was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36)
Sec. 805-420. Appropriations from Park and Conservation
Fund. The Department has the power 63a36. to expend monies
appropriated to the Department of Natural Resources from the
Park and Conservation Fund in the State treasury for
conservation and park purposes.
All revenue derived from fees paid for certificates of
title, duplicate certificates of title and corrected
certificates of title and deposited in the Park and
Conservation Fund, as provided for in Section 2-119 of the
Illinois Vehicle Code, shall be expended solely by the
Department of Natural Resources pursuant to an appropriation
for acquisition, development, and maintenance of bike paths,
including grants for the acquisition and development of bike
paths.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-425 new)
(was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3)
Sec. 805-425. Purchase of advertising. 63b2.3. The
Department of Natural Resources has the power and authority
to purchase advertising for the purpose of education programs
concerning conservation.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-430 new)
(was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4)
Sec. 805-430. Sale of advertising. 63b2.4. The
Department of Natural Resources has the power and authority
to sell or exchange advertising rights in its publications
and printed materials. The sale of advertising shall be
subject to the rules and regulations promulgated by the
Department. All income received from the sale of advertising
shall be deposited in the Wildlife and Fish Fund, except that
income received from advertising in State Park brochures
shall be deposited into the State Parks Fund and income
received from advertising in boating or snowmobile program
literature shall be deposited in the State Boating Act Fund.
(Source: P.A. 88-130; 89-445, eff. 2-7-96.)
(20 ILCS 805/805-435 new)
(was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5)
Sec. 805-435. Office of Conservation Resource Marketing.
63b2.5. The Department of Natural Resources shall maintain
an Office of Conservation Resource Marketing. The Office
shall conduct a program for marketing and promoting the use
of conservation resources in Illinois with emphasis on
recreation and tourism facilities. The Such Office shall
coordinate its tourism promotion efforts with local community
events and shall include a field staff which shall work with
the Department of Commerce and Community Affairs and local
officials to coordinate State and local activities for the
purpose of expanding tourism and local economies. The Office
shall develop, review, and coordinate brochures and
information pamphlets for promoting the use of conservation
resources. The Office shall conduct marketing research to
identify organizations and target populations that which can
be encouraged to use Illinois recreation facilities for group
events and the many tourist sites.
The Director of Natural Resources shall submit an annual
report to the Governor and the General Assembly summarizing
the Office's its activities and including its recommendations
for improving the Department's tourism promotion and
marketing programs for conservation resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-500 new)
(was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12)
Sec. 805-500. Transfer from Department of Public Works
and Buildings. The Department has the power 63a12. to
exercise the rights, powers, and duties vested by law in the
Department of Public Works and Buildings as the successor of
the following agencies, their officers and employees: the
Illinois Park Commission, the Lincoln Homestead trustees, and
the board of commissioners of and for the Lincoln Monument
grounds.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-505 new)
(was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31)
Sec. 805-505. Transfer from Illinois Bicentennial
Commission. The Department has the power 63a31. to exercise
the rights, powers, and duties of the Illinois Bicentennial
Commission under the "Illinois Bicentennial Commission Act",
approved August 2, 1972 (repealed), as amended. All books,
records, equipment, and other property held by or in the
custody of Illinois Bicentennial Commission shall be
transferred to the Department of Natural Resources (formerly
designated the Department of Conservation), which shall be
the successor agency to the Commission. Every person or
legal entity who entered into any agreement with the Illinois
Bicentennial Commission shall be subject to the same
obligations and duties and shall have the same rights as if
that person or legal entity had entered in the agreement with
the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-510 new)
(was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
Sec. 805-510. Public monuments and memorials. The
Department has the power 63a13. to erect, supervise, and
maintain all public monuments and memorials erected by the
State on properties under the jurisdiction of the Department
of Natural Resources, except when the supervision and
maintenance of a monument or memorial thereof is otherwise
provided by law. Under the power granted by this Section the
Department shall (i) provide a site in Rock Cut State Park
for the Winnebago County Vietnam Veterans' Memorial; and (ii)
allow the Vietnam Veterans' Honor Society to erect the
Memorial of an agreed design.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 805/805-515 new)
(was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28)
Sec. 805-515. Enforcement of laws and regulations. The
Department has the power 63a28. to enforce the laws of the
State and the rules and regulations of the Department in or
on any lands owned, leased, or managed by the Department and
any lands that are dedicated as a nature preserve or buffer
area under the "Illinois Natural Areas Preservation Act", as
now or hereafter amended.
(Source: P.A. 82-445.)
(20 ILCS 805/805-520 new)
(was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11)
Sec. 805-520. Operation of motorboats. The Department
has the power 63a11. to enforce the provisions of "An Act
regulating the operation of motorboats", approved July 18,
1947 (repealed).
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-525 new)
(was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15)
Sec. 805-525. Regulation of boats on lakes. The
Department has the power 63a15. to designate the size, type,
and kind of boats that may be used on lakes owned and
operated by the Department and to charge a reasonable annual
service, usage, or rental fee for the use of privately owned
boats on those such lakes.
(Source: Laws 1967, p. 1088.)
(20 ILCS 805/805-530 new)
(was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9)
Sec. 805-530. Agents' entry on lands and waters. 63a9.
The officers, employees, and agents of the Department of
Natural Resources, for the purposes of investigation and to
exercise the rights, powers, and duties vested and that may
be vested in it, may enter and cross all lands and waters in
this State, doing no damage to private property.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 805/805-535 new)
(was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2)
Sec. 805-535. Conservation Police Officers. 63b2.2. In
addition to the arrest powers prescribed by law, Conservation
Police Officers are conservators of the peace and as such
have all powers possessed by policemen, except that they may
exercise those such powers anywhere in this State.
Conservation Police Officers acting under the authority of
this Section are considered employees of the Department and
are subject to its direction, benefits, and legal protection.
(Source: P.A. 83-483.)
(20 ILCS 805/805-540 new)
(was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6)
Sec. 805-540. Enforcement of adjoining state's laws.
63b2.6. The Director of Natural Resources may grant
authority to the officers of any adjoining state who are
authorized and directed to enforce the laws of that state
relating to the protection of flora and fauna to take any of
the following actions and have the following powers within
the State of Illinois:
(1) To follow, seize, and return to the adjoining
state any flora or fauna or part thereof shipped or taken
from the adjoining state in violation of the laws of that
state and brought into this State.
(2) To dispose of any such flora or fauna or part
thereof under the supervision of an Illinois Conservation
Police Officer.
(3) To enforce as an agent of this State, with the
same powers as an Illinois Conservation Police Officer,
each of the following laws of this State:
(i) The Illinois Endangered Species Protection
Act.;
(ii) The Fish and Aquatic Life Code.;
(iii) The Wildlife Code.;
(iv) The Wildlife Habitat Management Areas
Act.;
(v) The Hunter Interference Prohibition Act.;
(vi) The Illinois Non-Game Wildlife Protection
Act.;
(vii) The Ginseng Harvesting Act.;
(viii) The State Forest Act.;
(ix) The Forest Products Transportation Act.;
(x) The Timber Buyers Licensing Act..
Any officer of an adjoining state acting under a power or
authority granted by the Director of Natural Resources
pursuant to this Section shall act without compensation or
other benefits from this State and without this State having
any liability for the acts or omissions of that officer.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1005/Art. 1005 heading new)
ARTICLE 1005. DEPARTMENT OF EMPLOYMENT SECURITY
(20 ILCS 1005/1005-1 new)
Sec. 1005-1. Article short title. This Article 1005 of
the Civil Administrative Code of Illinois may be cited as the
Department of Employment Security Law.
(20 ILCS 1005/1005-5 new)
Sec. 1005-5. Definitions. In this Law:
"Department" means the Department of Employment Security.
"Director" means the Director of Employment Security.
(20 ILCS 1005/1005-10 new)
(was 20 ILCS 1005/43a) (from Ch. 127, par. 43a)
Sec. 1005-10. Powers, generally. 43a. The Department of
Employment Security has the powers enumerated in the
following Sections 43a.01 to 43a.12.
(Source: P.A. 84-1430.)
(20 ILCS 1005/1005-15 new)
(was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02)
Sec. 1005-15. Employment opportunities. The Department
has the power 43a.02. to advance opportunities for
profitable employment.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-20 new)
(was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04)
Sec. 1005-20. Statistical details of manufacturing
industries and commerce. The Department has the power
43a.04. to collect, collate, assort, systematize, and report
statistical details of the manufacturing industries and
commerce of the State.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-25 new)
(was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05)
Sec. 1005-25. Labor information. The Department has the
power 43a.05. to acquire and diffuse useful information on
subjects connected with labor in the most general and
comprehensive sense of that word.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-30 new)
(was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03)
Sec. 1005-30. Statistical details relating to
departments of labor. The Department has the power 43a.03.
to collect, collate, assort, systematize, and report
statistical details relating to all departments of labor,
especially in its relation to commercial, industrial, social,
educational, and sanitary conditions, and to the permanent
prosperity of the manufacturing and productive industries.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-35 new)
(was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07)
Sec. 1005-35. General conditions of leading industries.
The Department has the power 43a.07. to acquire information
and report upon the general conditions, so far as production
is concerned, of the leading industries of the State.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-40 new)
(was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08)
Sec. 1005-40. Conditions of employment. The Department
has the power 43a.08. to acquire and diffuse information as
to the conditions of employment, and such other facts that as
may be deemed of value to the industrial interests of the
State.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-45 new)
(was 20 ILCS 1005/43a.06) (from Ch. 127, par. 43a.06)
Sec. 1005-45. Prosperity of laboring men and women. The
Department has the power 43a.06. to acquire and diffuse
among the people useful information concerning the means of
promoting the material, social, intellectual, and moral
prosperity of laboring men and women.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-50 new)
(was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11)
Sec. 1005-50. Welfare of wage earners. The Department
has the power 43a.11. to foster, promote, and develop the
welfare of wage earners.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-75 new)
(was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12)
Sec. 1005-75. Jobs for summer employment of youth. The
Department has the power 43a.12. to make available through
its the offices of the Department of Employment Security a
listing of all jobs available in each area for the summer
employment of youth.
(Source: P.A. 84-1430.)
(20 ILCS 1005/1005-100 new)
(was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
Sec. 1005-100. 43a.01. Public employment offices. The
Department has the power to exercise the rights, powers, and
duties vested by law in the general advisory board of public
employment offices, local advisory boards of public
employment offices, and other officers and employees of
public employment offices.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1005/1005-105 new)
(was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
Sec. 1005-105. 43a.09. Administration of Unemployment
Insurance Act. The Department has the power to administer the
provisions of the Unemployment Insurance Act insofar as those
provisions relate to the powers and duties of the Director of
the Department of Employment Security.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1005/1005-110 new)
(was 20 ILCS 1005/44a) (from Ch. 127, par. 44a)
Sec. 1005-110. Board of Review. 44a. The Board of Review
in the Department of Employment Security shall exercise all
powers and be subject to all duties conferred or imposed upon
the said Board by the provisions of the Unemployment
Insurance Compensation Act, enacted by the Sixtieth General
Assembly, and by all amendments thereto or modifications
thereof, in its own name, and without any direction,
supervision, or control by the Director of Employment
Security.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-115 new)
(was 20 ILCS 1005/43a.10) (from Ch. 127, par. 43a.10)
Sec. 1005-115. Transfer of lands to other State agency;
acquisition of federal lands. The Department has the power
43a.10. to transfer jurisdiction of any realty under the
control of the Department to any other department of the
State government, or to acquire or accept federal lands, when
the such transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(Source: P.A. 83-1503.)
(20 ILCS 1005/1005-120 new)
(was 20 ILCS 1005/43a.13) (from Ch. 127, par. 43a.13)
Sec. 1005-120. Contracts for payment of compensation to
Department. The Department has the power 43a.13. to enter
into contracts that which may provide for payment of
negotiated royalties, licensing fees, or other compensation
to the Department.
(Source: P.A. 87-1178.)
(20 ILCS 1005/1005-130 new)
(was 20 ILCS 1005/43a.14)
Sec. 1005-130. 43a.14. Exchange of information for child
support enforcement.
(a) The Department has the power to exchange with the
Illinois Department of Public Aid information that may be
necessary for the enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in the Civil
Administrative this Code of Illinois to the contrary, the
Department of Employment Security shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under subsection (a) or for any
other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(20 ILCS 1005/1005-150 new)
(was 20 ILCS 5/34.2) (from Ch. 127, par. 34.2)
Sec. 1005-150. Transfer from Department of Labor, Bureau
of Employment Security. 34.2. The Department of Employment
Security shall assume all rights, powers, duties, and
responsibilities of the Department of Labor, Bureau of
Employment Security as the successor to that Bureau. The
Bureau of Employment Security in the Department of Labor is
hereby abolished.
Personnel, books, records, papers, documents, property,
real and personal, unexpended appropriations, and pending
business in any way pertaining to the former Department of
Labor, Bureau of Employment Security are transferred to the
Department of Employment Security, but any rights of
employees or the State under the "Personnel Code" or any
other contract or plan shall be unaffected by this transfer
hereby. No rule or regulation promulgated by the Department
of Labor pursuant to an exercise of any right, power, duty,
or responsibility transferred to the Department of Employment
Security shall be affected by this amendatory Act of 1984,
and all those such rules and regulations shall become the
rules and regulations of the Department of Employment
Security.
(Source: P.A. 83-1503.)
(20 ILCS 1405/Art. 1405 heading new)
ARTICLE 1405. DEPARTMENT OF INSURANCE
(20 ILCS 1405/1405-1 new)
Sec. 1405-1. Article short title. This Article 1405 of
the Civil Administrative Code of Illinois may be cited as the
Department of Insurance Law.
(20 ILCS 1405/1405-5 new)
(was 20 ILCS 1405/56) (from Ch. 127, par. 56)
Sec. 1405-5. General powers. 56. The Department of
Insurance has the following powers shall have power:
(1) 1. To exercise the rights, powers, and duties
vested by law in the insurance superintendent and the
superintendent's, his officers and employees. employes;
(2) 2. To exercise the rights, powers, and duties
that which have been vested by law in the Department of
Trade and Commerce as the successor of the insurance
superintendent and the superintendent's, his officers and
employees. employes;
(3) 3. To exercise the rights, powers, and duties
heretofore vested by law in the Department of Trade and
Commerce, or in the Director of Trade and Commerce, by:
(A) all laws in relation to insurance; and
(B) Article 22 of the "Illinois Pension
Code.", approved March 18, 1963, as amended;
(4) 4. To execute and administer all laws
heretofore or hereafter enacted, relating to insurance.
(5) 5. To transfer jurisdiction of any realty under
the control of the Department to any other department of
the State Government, or to acquire or accept federal
lands, when the such transfer, acquisition, or acceptance
is advantageous to the State and is approved in writing
by the Governor.
(Source: P.A. 83-333.)
(20 ILCS 1405/1405-10 new)
(was 20 ILCS 1405/56.1) (from Ch. 127, par. 56.1)
Sec. 1405-10. 56.1. Child health insurance plan study.
The Department of Insurance shall cooperate with and provide
consultation to the Department of Public Health in studying
the feasibility of a child health insurance plan as provided
in Section 2310-275 55.61 of the Department of Public Health
Powers and Duties Law (20 ILCS 2310/2310-275) this Code.
(Source: P.A. 87-252.)
(20 ILCS 1405/1405-15 new)
(was 20 ILCS 1405/56.2)
Sec. 1405-15. 56.2. Senior citizen assistance and
information program.
(a) The Department of Insurance shall administer and
operate a program to provide assistance and information to
senior citizens in relation to insurance matters. The
program may include, but is not limited to, counseling for
senior citizens in the evaluation, comparison, or selection
of Medicare options, Medicare supplement insurance, and
long-term care insurance.
(b) The Department shall recruit and train volunteers to
provide the following:
(i) one-on-one counseling on insurance matters; and
(ii) education on insurance matters to senior
citizens through public forums.
(c) The Department shall solicit the volunteers for
their input and advice on the success and accessibility of
the program.
(d) The Department shall strive to assure that all
seniors residing in Illinois have access to the program.
(e) The Department of Insurance may promulgate
reasonable rules necessary to implement this Section.
(Source: P.A. 89-224, eff. 1-1-96.)
(20 ILCS 1505/Art. 1505 heading new)
ARTICLE 1505. DEPARTMENT OF LABOR
(20 ILCS 1505/1505-1 new)
Sec. 1505-1. Article short title. This Article 1505 of
the Civil Administrative Code of Illinois may be cited as the
Department of Labor Law.
(20 ILCS 1505/1505-5 new)
Sec. 1505-5. Definition. In this Law, "Department"
means the Department of Labor.
(20 ILCS 1505/1505-10 new)
(was 20 ILCS 1505/43) (from Ch. 127, par. 43)
Sec. 1505-10. Powers, generally. 43. The Department of
Labor has the powers enumerated in the following Sections
43.01 to 43.21, each inclusive.
(Source: P.A. 86-610.)
(20 ILCS 1505/1505-15 new)
(was 20 ILCS 1505/43.07) (from Ch. 127, par. 43.07)
Sec. 1505-15. Welfare of wage earners. The Department
has the power 43.07. to foster, promote, and develop the
welfare of wage earners.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-20 new)
(was 20 ILCS 1505/43.13) (from Ch. 127, par. 43.13)
Sec. 1505-20. Prosperity of laboring men and women;
progress of women and minorities.
(a) The Department has the power 43.13. to acquire and
diffuse among the people useful information concerning the
means of promoting the material, social, intellectual, and
moral prosperity of laboring men and women.
(b) The Department shall monitor the employment progress
of women and minorities in the work force, including access
to the public sector, the private sector, labor unions, and
collective bargaining units. This information shall be
provided to the General Assembly in the form of an annual
report no later than April 1 of each year.
(Source: P.A. 87-405.)
(20 ILCS 1505/1505-25 new)
(was 20 ILCS 1505/43.09) (from Ch. 127, par. 43.09)
Sec. 1505-25. Opportunities for profitable employment.
The Department has the power 43.09. to advance opportunities
for profitable employment.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-30 new)
(was 20 ILCS 1505/43.08) (from Ch. 127, par. 43.08)
Sec. 1505-30. Improving working conditions. The
Department has the power 43.08. to improve working
conditions.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-35 new)
(was 20 ILCS 1505/43.10) (from Ch. 127, par. 43.10)
Sec. 1505-35. Statistical details relating to
departments of labor. The Department has the power 43.10. to
collect, collate, assort, systematize, and report statistical
details relating to all departments of labor, especially in
its relation to commercial, industrial, social, educational,
and sanitary conditions, and to the permanent prosperity of
the manufacturing and productive industries.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-40 new)
(was 20 ILCS 1505/43.12) (from Ch. 127, par. 43.12)
Sec. 1505-40. Information on subjects connected with
labor. The Department has the power 43.12. to acquire and
diffuse useful information on subjects connected with labor
in the most general and comprehensive sense of that word.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-45 new)
(was 20 ILCS 1505/43.15a) (from Ch. 127, par. 43.15a)
Sec. 1505-45. Migrant agricultural labor. The
Department has the power 43.15a. to study the nature and
extent of the labor and employment problems of migrant
agricultural labor, with particular attention to its
differences from the problems of resident agricultural labor.
(Source: P.A. 77-1734.)
(20 ILCS 1505/1505-50 new)
(was 20 ILCS 1505/43.16) (from Ch. 127, par. 43.16)
Sec. 1505-50. Prevention of accidents and occupational
diseases. The Department has the power 43.16 to acquire and
diffuse information in relation to the prevention of
accidents, occupational diseases, and other related subjects.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-120 new)
(was 20 ILCS 1505/43.17) (from Ch. 127, par. 43.17)
Sec. 1505-120. Act in relation to payment of wages. The
Department has the power 43.17. to exercise the rights,
powers, and duties vested by law in the Department of Labor
under "An Act in relation to the payment of wages due
employees from their employers in certain cases, to provide
for the enforcement thereof through the Department of Labor,
and to prescribe penalties for the violation thereof",
approved July 9, 1937 (repealed), as amended.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/1505-150 new)
(was 20 ILCS 1505/43.20) (from Ch. 127, par. 43.20)
Sec. 1505-150. Complaints by child care facility
employees. The Department has the power 43.20. to
investigate complaints, hold hearings, make determinations,
and take other actions with respect to complaints against
employers filed by employees of child care facilities
pursuant to Section 7.2 of the Child Care Act of 1969.
(Source: P.A. 85-987.)
(20 ILCS 1505/1505-200 new)
(was 20 ILCS 1505/43.21) (from Ch. 127, par. 43.21)
Sec. 1505-200. Criminal history record information.
43.21. Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of the Department of State Police Law
(20 ILCS 2605/2605-400) "The Civil Administrative Code of
Illinois", the Department of State Police is authorized to
furnish, pursuant to positive identification, any such
information contained in State files that as is necessary to
fulfill the request.
(Source: P.A. 86-610.)
(20 ILCS 1710/Art. 1710 heading new)
ARTICLE 1710. DEPARTMENT OF HUMAN SERVICES
(AS SUCCESSOR TO DEPARTMENT OF
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES)
(20 ILCS 1710/1710-1 new)
Sec. 1710-1. Article short title. This Article 1710 of
the Administrative Code of Illinois may be cited as the
Department of Human Services (Mental Health and Developmental
Disabilities) Law.
(20 ILCS 1710/1710-5 new)
Sec. 1710-5. Definitions. In this Law:
"Department" means the Department of Human Services.
"Secretary" means the Secretary of Human Services.
(20 ILCS 1710/1710-10 new)
(was 20 ILCS 1710/53, subsec. (a), in part) (from Ch.
127, par. 53)
Sec. 1710-10. Powers, generally. 53. (a) The Department
of Human Services has the powers described in Sections
1710-15, 1710-20, 1710-25, and 1710-100. power:
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-15 new)
(was 20 ILCS 1710/53, subdiv. (a)1) (from Ch. 127, par.
53)
Sec. 1710-15. Mental Health and Developmental
Disabilities Administrative Act. The Department has the power
1. to exercise the powers and duties set forth in the Mental
Health and Developmental Disabilities Administrative Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-20 new)
(was 20 ILCS 1710/53, subdivs. (a)2 and (a)4) (from Ch.
127, par. 53)
Sec. 1710-20. Mental Health and Developmental
Disabilities Code.
(a) The Department has the power 2. to administer the
provisions of the Mental Health and Developmental
Disabilities Code that which pertain to the responsibilities
of the Department of Human Services.
(b) The Department has the power 4. to initiate
injunction proceedings wherever it appears to the Secretary
of Human Services that any person, group of persons, or
corporation is engaged or about to engage in any acts or
practices that which constitute or will constitute a
violation of the Mental Health and Developmental Disabilities
Code or any rule or regulation prescribed under authority of
that Code thereof. The Secretary of Human Services may, in
his or her discretion, through the Attorney General, file a
complaint and apply for an injunction, and upon a proper
showing, any circuit court may issue a permanent or
preliminary injunction or a temporary restraining order
without bond to enforce that Code, rule, or regulation such
Acts in addition to the penalties and other remedies provided
in that Code, rule, or regulation. such Acts and Either party
may appeal as in other civil cases.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-25 new)
(was 20 ILCS 1710/53, subdiv. (a)3) (from Ch. 127, par.
53)
Sec. 1710-25. Escaped Inmate Damages Act. The Department
has the power 3. to exercise the powers and fulfill the
duties assigned the Department by the Escaped Inmate Damages
Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-30 new)
(was 20 ILCS 1710/53a) (from Ch. 127, par. 53a)
Sec. 1710-30. Specialized living centers. 53a. The
Department of Human Services shall exercise the powers and
perform the functions and duties as prescribed in the
Specialized Living Centers Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-50 new)
(was 20 ILCS 1710/53, subdiv. (a)5) (from Ch. 127, par.
53)
Sec. 1710-50. Security force. The Department has the
power 5. to appoint, subject to the Personnel Code, members
of a security force who shall be authorized to transport
recipients between Department facilities or other locations,
search for and attempt to locate and transport missing
recipients, enforce Section 47 of the Mental Health and
Developmental Disabilities Administrative Act, and perform
other required duties. The director of a mental health or
developmental disability facility shall have authority to
direct security forces. This authorization shall remain in
effect even if security forces are transporting recipients
across county or State boundaries. Security forces
performing their duties shall be indemnified as provided
under the State Employee Indemnification Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-75 new)
(was 20 ILCS 1710/65-53, subsec. (b)) (from Ch. 127, par.
53)
Sec. 1710-75. Criminal history record information.
(b) Whenever the Department is authorized or required by law
to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 2605-400 55a of the Department of State Police Law
(20 ILCS 2605/2605-400) Civil Administrative Code of
Illinois, the Department of State Police is authorized to
furnish, pursuant to positive identification, the such
information contained in State files that as is necessary to
fulfill the request.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1710/1710-100 new)
(was 20 ILCS 1710/53d)
Sec. 1710-100. Grants to Illinois Special Olympics. 53d.
The Department of Human Services shall make grants to the
Illinois Special Olympics for area and statewide athletic
competitions from appropriations to the Department from the
Illinois Special Olympics Checkoff Fund, a special fund
created in the State treasury.
(Source: P.A. 88-459; 89-507, eff. 7-1-97.)
(20 ILCS 1905/Art. 1905 heading new)
ARTICLE 1905. DEPARTMENT OF NATURAL
RESOURCES (MINES AND MINERALS)
(20 ILCS 1905/1905-1 new)
Sec. 1905-1. Article short title. This Article 1905 of
the Civil Administrative Code of Illinois may be cited as the
Department of Natural Resources (Mines and Minerals) Law.
(20 ILCS 1905/1905-5 new)
Sec. 1905-5. Definition. In this Law, "Department" means
the Department of Natural Resources.
(20 ILCS 1905/1905-10 new)
(was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
Sec. 1905-10. Powers, generally. 45. The Department has
the powers described in Sections 1905-15, 1905-20, 1905-25,
1905-30, 1905-40, 1905-45, 1905-50, 1905-90, 1905-100, and
1905-200. of Natural Resources shall have power:
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-15 new)
(was 20 ILCS 1905/45, par. 1) (from Ch. 127, par. 45)
Sec. 1905-15. Mine accidents. The Department has the
power 1. to acquire and diffuse information concerning the
nature, causes, and prevention of mine accidents.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-20 new)
(was 20 ILCS 1905/45, par. 2) (from Ch. 127, par. 45)
Sec. 1905-20. Mine methods, conditions, and equipment.
The Department has the power 2. to acquire and diffuse
information concerning the improvement of methods,
conditions, and equipment of mines, with special reference to
health, safety, and conservation of mineral resources.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-25 new)
(was 20 ILCS 1905/45, par. 3) (from Ch. 127, par. 45)
Sec. 1905-25. Economic conditions affecting mineral
industries. The Department has the power 3. to make
inquiries into the economic conditions affecting the mining,
quarrying, metallurgical, clay, oil, and other mineral
industries.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-30 new)
(was 20 ILCS 1905/45, par. 4) (from Ch. 127, par. 45)
Sec. 1905-30. Technical efficiency of persons working in
mines. The Department has the power 4. to promote the
technical efficiency of all persons working in and about the
mines of the State, and to assist them better to overcome the
increasing difficulties of mining, and for that purpose to
provide bulletins, traveling libraries, lectures,
correspondence work, classes for systematic instruction, or
meetings for the reading and discussion of papers, and to
that end to cooperate with the University of Illinois.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-35 new)
(was 20 ILCS 1905/47)
Sec. 1905-35. 47. Coal quality testing program. The
Department's Department of Natural Resources' analytical
laboratory is authorized to test the quality of coal
delivered under State coal purchase contracts. The
Department shall establish, by rule, the fee charged to
defray the costs of this coal quality testing program.
(Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-40 new)
(was 20 ILCS 1905/45, par. 10) (from Ch. 127, par. 45)
Sec. 1905-40. Use of coal combustion by-products. The
Department has the power 10. to foster the utilization of
coal combustion by-products for the benefaction of soils in
the reclamation of previously surface-mined areas and in the
stabilization of final cuts, in the stabilization of
underground mined-out areas to mitigate subsidence of surface
lands, and in the reduction of acid mine drainage.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-45 new)
(was 20 ILCS 1905/45, par. 5) (from Ch. 127, par. 45)
Sec. 1905-45. Violations of Act concerning use of
Illinois coal. The Department has the power 5. to
investigate violations of "An Act concerning the use of
Illinois mined coal in certain plants and institutions,",
filed July 13, 1937 (repealed), and to institute proceedings
for the prosecution of violators of that Act thereof in
circuit courts.;
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-50 new)
(was 20 ILCS 1905/45, pars. 7 and 8) (from Ch. 127, par.
45)
Sec. 1905-50. Violations of Coal Mining Act.
(a) The Department has the power 7. to investigate
violations of the Coal Mining Act and regulations issued
pursuant to that Act; to institute criminal proceedings for
prosecution of such a violation; and to institute civil
actions for relief, including applications for temporary
restraining orders and preliminary and permanent injunctions,
or any other appropriate action to enforce any order, notice,
or decision of the Director, the Mining Board, the Department
of Natural Resources, or the Director of the Office of Mines
and Minerals.
(b) The Department has the power 8. to call or subpoena
witnesses, documents, or other evidence for the purpose of
conducting hearings pursuant to the Illinois Coal Mining Act
and to administer oaths and compensate witnesses pursuant to
that Act such statutes made and provided.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-75 new)
(was 20 ILCS 1905/46) (from Ch. 127, par. 46)
Sec. 1905-75. Permits for diesel powered equipment or
explosives in underground coal mines. 46. During the period
commencing with the effective date of this amendatory Act and
ending January 1, 1986, the Department shall not issue any
new permits allowing the use of diesel powered equipment or
explosives while persons are working in any underground coal
mine, except that mines presently using such diesel equipment
or explosives shall not be prohibited from continuing that
such use. Nothing in this Section shall be interpreted or
construed so as to prohibit the use of compressed air as an
explosive in any underground coal mine.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-90 new)
(was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
Sec. 1905-90. State Mining Board. Any statute that which
by its terms is to be administered by the State Mining Board
shall be administered by the Board without any direction,
supervision, or control by the Director of Natural Resources
or the Director of the Office of Mines and Minerals, except
that which the Director of the Office may exercise by virtue
of being a member of the Board and except as may be provided
in the statute.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-100 new)
(was 20 ILCS 1905/45, par. 9) (from Ch. 127, par. 45)
Sec. 1905-100. Public inspection of records. The
Department has the power 9. to make all records of the
Department open for inspection by interested persons and the
public.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-105 new)
(was 20 ILCS 1905/45.2) (from Ch. 127, par. 45.2)
Sec. 1905-105. Proof of records in legal proceedings; fee
for certification. 45.2. The papers, entries, and records of
the Department of Natural Resources or parts thereof may be
proved in any legal proceeding by a copy thereof certified
under the signature of the keeper thereof in the name of the
Department with a seal of the Department attached. A fee of
$1.00 shall be paid to the Department of Natural Resources
for the such certification.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-110 new)
(was 20 ILCS 1905/45.1) (from Ch. 127, par. 45.1)
Sec. 1905-110. Verified documents; penalty for fraud.
45.1. Applications and other documents filed for the purpose
of obtaining permits, certificates, or other licenses under
Acts administered by the Department of Natural Resources
shall be verified or contain written affirmation that they
are signed under the penalties of perjury. A person who
knowingly signs a fraudulent document commits perjury as
defined in Section 32-2 of the Criminal Code of 1961 and for
the purpose of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-150 new)
(was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
Sec. 1905-150. Criminal history record information.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then upon request and payment of fees in
conformance with the requirements of subsection 22 of Section
2605-400 55a of the Department of State Police Law (20 ILCS
2605/2605-400) "The Civil Administrative Code of Illinois",
the Department of State Police is authorized to furnish,
pursuant to positive identification, the such information
contained in State files that as is necessary to fulfill the
request.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 1905/1905-200 new)
(was 20 ILCS 1905/45, par. 6) (from Ch. 127, par. 45)
Sec. 1905-200. Transfer of realty to other State agency;
acquisition of federal lands. The Department has the power
6. to transfer jurisdiction of any realty under the control
of the Department to any other department of the State
government, or to acquire or accept federal lands, when the
such transfer, acquisition, or acceptance is advantageous to
the State and is approved in writing by the Governor.
(Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
(20 ILCS 2005/Art. 2005 heading new)
ARTICLE 2005. DEPARTMENT OF NUCLEAR SAFETY
(20 ILCS 2005/2005-1 new)
Sec. 2005-1. Article short title. This Article 2005 of
the Civil Administrative Code of Illinois may be cited as the
Department of Nuclear Safety Law.
(20 ILCS 2005/2005-5 new)
Sec. 2005-5. Definitions. In this Law:
"Department" means the Department of Nuclear Safety.
"Director" means the Director of Nuclear Safety.
(20 ILCS 2005/2005-10 new)
(was 20 ILCS 2005/71, subsec. A) (from Ch. 127, par.
63b17)
Sec. 2005-10. Powers vested in Department of Public
Health 71. Department powers. A. The Department of Nuclear
Safety shall exercise, administer, and enforce all rights,
powers, and duties vested in the Department of Public Health
by the following named Acts or Sections of those Acts
thereof:
(1)1. The Radiation Installation Act.
(2)2. The Radiation Protection Act of 1990.
(3)3. The Radioactive Waste Storage Act.
(4)4. The Personnel Radiation Monitoring Act.
(5)5. The Laser System Act of 1997.
(6)6. The Illinois Nuclear Safety Preparedness Act.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-15 new)
(was 20 ILCS 2005/71, subsec. B) (from Ch. 127, par.
63b17)
Sec. 2005-15. Powers relating to Commission on Atomic
Energy. B. All the rights, powers, and duties vested in the
Director of Public Health by "An Act to create the Illinois
Commission on Atomic Energy, defining the powers and duties
of the Commission, and making an appropriation therefor",
effective September 10, 1971 (repealed), as amended, are
transferred to the Director of Nuclear Safety. The Director
of Nuclear Safety, after December 3, 1980 (the effective date
of Public this amendatory Act 81-1516) of 1980, shall serve
as an ex officio member of the Illinois Commission on Atomic
Energy in the place and stead of the Director of Public
Health.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-20 new)
(was 20 ILCS 2005/71, subsec. H) (from Ch. 127, par.
63b17)
Sec. 2005-20. Nuclear and radioactive materials
disposal. H. The Department of Nuclear Safety shall
formulate a comprehensive plan regarding disposal of nuclear
and radioactive materials in this State. The Department
shall establish minimum standards for disposal sites, shall
evaluate and publicize potential effects on the public health
and safety, and shall report to the Governor and General
Assembly all violations of the adopted standards. In
carrying out this function, the Department of Nuclear Safety
shall work in cooperation with the Illinois Commission on
Atomic Energy and the Radiation Protection Advisory Council.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-25 new)
(was 20 ILCS 2005/71, subsec. E) (from Ch. 127, par.
63b17)
Sec. 2005-25. Radiation sources; radioactive waste
disposal. E. The Department of Nuclear Safety, in lieu of
the Department of Public Health, shall register, license,
inspect, and control radiation sources, and shall purchase,
lease, accept, or acquire lands, buildings, and grounds where
radioactive wastes can be disposed, and shall to supervise
and regulate the operation of the disposal sites.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-30 new)
(was 20 ILCS 2005/72) (from Ch. 127, par. 63b18)
Sec. 2005-30. Nuclear waste sites. 72.
(a) The Department of Nuclear Safety shall conduct a
survey and prepare and publish a list of sites in the State
where nuclear waste has been deposited, treated, or stored.
(b) The Department shall monitor nuclear waste
processing, use, handling, storage, and disposal practices in
the State, and shall determine existing and expected rates of
production of nuclear wastes.
(c) The Department shall compile and make available to
the public an annual report identifying the types and
quantities of nuclear waste generated, stored, treated, or
disposed of within this State and containing the other
information required to be collected under this Section.
(Source: P.A. 83-906.)
(20 ILCS 2005/2005-35 new)
(was 20 ILCS 2005/71, subsec. C) (from Ch. 127, par.
63b17)
Sec. 2005-35. Boiler and pressure vessel safety. C. The
Department of Nuclear Safety shall exercise, administer, and
enforce all of the following rights, powers, and duties:
(1) Rights, powers, and duties 1. vested in the
Office of the State Fire Marshal by the Boiler and
Pressure Vessel Safety Act, to the extent the rights,
powers, and duties relate to nuclear steam-generating
facilities.
(2) Rights, powers, and duties 2. As relating to
nuclear steam-generating facilities, vested in the Board
of Boiler and Pressure Vessel Rules by the Boiler and
Pressure Vessel Safety Act, which include includes but
are not limited to the formulation of definitions, rules,
and regulations for the safe and proper construction,
installation, repair, use, and operation of nuclear
steam-generating facilities, the adoption of rules for
already installed nuclear steam-generating facilities,
the adoption of rules for accidents in nuclear
steam-generating facilities, the examination for or
suspension of inspectors' licenses of the facilities, and
the hearing of appeals from decisions relating to the
facilities.
(3) Rights, powers, and duties 3. As relating to
nuclear steam-generating facilities, vested in the State
Fire Marshal or the Chief Inspector by the Boiler and
Pressure Vessel Safety Act, which include but are not
limited to the employment of inspectors of nuclear
steam-generating facilities, issuance or suspension of
their commissions, prosecution of the Act or rules
promulgated thereunder for violations by nuclear
steam-generating facilities, maintenance of inspection
records of all the facilities, publication of rules
relating to the facilities, having free access to the
facilities, issuance of inspection certificates of the
facilities, and the furnishing of bonds conditioned upon
the faithful performance of their duties. The Director
of Nuclear Safety may designate a Chief Inspector, or
other inspectors, as he or she deems necessary to perform
the functions transferred by this Section subsection C.
The transfer of rights, powers, and duties specified in
the immediately preceding paragraphs (1), (2), and (3) 1, 2,
and 3 is limited to the program transferred by Public this
amendatory Act 81-1516 of 1980 and shall not be deemed to
abolish or diminish the exercise of those same rights,
powers, and duties by the Office of the State Fire Marshal,
the Board of Boiler and Pressure Vessel Rules, the State Fire
Marshal, or the Chief Inspector with respect to programs
retained by the Office of the State Fire Marshal.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-40 new)
(was 20 ILCS 2005/71, subsec. D) (from Ch. 127, par.
63b17)
Sec. 2005-40. Powers vested in Environmental Protection
Agency. D. The Department of Nuclear Safety shall exercise,
administer, and enforce all rights, powers, and duties vested
in the Environmental Protection Agency by paragraphs a, b, c,
d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
and by Sections 30 through 45 30-45 inclusive of the
Environmental Protection Act, to the extent that these powers
relate to standards of the Pollution Control Board adopted
under subsection K of this Section 2005-45. The transfer of
rights, powers, and duties specified in this Section
paragraph is limited to the program transferred by Public
this amendatory Act 81-1516 of 1980 and shall not be deemed
to abolish or diminish the exercise of those same rights,
powers, and duties by the Environmental Protection Agency
with respect to programs retained by the Environmental
Protection Agency.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-45 new)
(was 20 ILCS 2005/71, subsec. K) (from Ch. 127, par.
63b17)
Sec. 2005-45. Pollution Control Board regulations
concerning nuclear plants. K. The Department of Nuclear
Safety shall enforce the regulations promulgated by the
Pollution Control Board under Section 25b of the
Environmental Protection Act. Under these regulations the
Department shall require that a person, corporation, or
public authority intending to construct a nuclear
steam-generating facility or a nuclear fuel reprocessing
plant file with the Department an environmental feasibility
report that incorporates the data provided in the preliminary
safety analysis required to be filed with the United States
Nuclear Regulatory Commission.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-50 new)
(was 20 ILCS 2005/71, subsec. J) (from Ch. 127, par.
63b17)
Sec. 2005-50. Regulation of nuclear safety. J. The
Department of Nuclear Safety shall have primary
responsibility for the coordination and oversight of all
State governmental functions concerning the regulation of
nuclear power, including low level waste management,
environmental monitoring, and transportation of nuclear
waste. Functions performed on December 3, 1980 (the
effective date of Public this amendatory Act 81-1516) of 1980
by the Department of State Police, the Department of
Transportation, and the Illinois Emergency Management Agency
in the area of nuclear safety may continue to be performed by
these agencies but under the direction of the Department of
Nuclear Safety. All other governmental functions regulating
nuclear safety shall be coordinated by Department of Nuclear
Safety.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-55 new)
(was 20 ILCS 2005/71, subsec. L) (from Ch. 127, par.
63b17)
Sec. 2005-55. Personnel transferred. L. Personnel
previously assigned to the programs transferred from the
Department of Public Health and the Office of the State Fire
Marshal are hereby transferred to the Department of Nuclear
Safety. The rights of the employees, the State, and
executive agencies under the Personnel Code, or any
collective bargaining agreement, or under any pension,
retirement, or annuity plan shall not be affected by Public
this amendatory Act 81-1516 of 1980.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-60 new)
(was 20 ILCS 2005/71, subsec. M) (from Ch. 127, par.
63b17)
Sec. 2005-60. Records and property transferred. M. All
books, records, papers, documents, property (real or
personal), unexpended appropriations, and pending business in
any way pertaining to the rights, powers, and duties
transferred by Public this amendatory Act 81-1516 of 1980
shall be delivered and transferred to the Department of
Nuclear Safety.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-65 new)
(was 20 ILCS 2005/71, subsec. F) (from Ch. 127, par.
63b17)
Sec. 2005-65. Nuclear accident plan. F. The Department
of Nuclear Safety shall have primary responsibility to
formulate a comprehensive emergency preparedness and response
plan for any nuclear accident, and shall develop such a plan
in cooperation with the Illinois Emergency Management Agency.
The Department of Nuclear Safety shall also train and
maintain an emergency response team.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-70 new)
(was 20 ILCS 2005/71, subsec. G) (from Ch. 127, par.
63b17)
Sec. 2005-70. Nuclear and radioactive materials
transportation plan. G. The Department of Nuclear Safety
shall formulate a comprehensive plan regarding the
transportation of nuclear and radioactive materials in
Illinois. The Department shall have primary responsibility
for all State governmental regulation of the transportation
of nuclear and radioactive materials, insofar as the
regulation pertains to the public health and safety. This
responsibility shall include but not be limited to the
authority to oversee and coordinate regulatory functions
performed by the Department of Transportation, the Department
of State Police, and the Illinois Commerce Commission.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-75 new)
(was 20 ILCS 2005/71, subsec. I) (from Ch. 127, par.
63b17)
Sec. 2005-75. State nuclear power policy. I. The
Department of Nuclear Safety, in cooperation with the
Department of Natural Resources, shall study (i) (a) the
impact and cost of nuclear power and compare these to the
impact and cost of alternative sources of energy, (ii) (b)
the potential effects on the public health and safety of all
radioactive emissions from nuclear power plants, and (iii)
(c) all other factors that bear on the use of nuclear power
or on nuclear safety. The Department shall formulate a
general nuclear policy for the State based on the findings of
the study. The policy shall include but not be limited to
the feasibility of continued use of nuclear power, effects of
the use of nuclear power on the public health and safety,
minimum acceptable standards for the location of any future
nuclear power plants, and rules and regulations for the
reporting by public utilities of radioactive emissions from
power plants. The Department shall establish a reliable
system for communication between the public and the
Department and for dissemination of information by the
Department. The Department shall publicize the findings of
all studies and make the publications reasonably available to
the public.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-80 new)
(was 20 ILCS 2005/71, subsec. N) (from Ch. 127, par.
63b17)
Sec. 2005-80. Data available to Department of Public
Health. N. All files, records, and data gathered by or under
the direction or authority of the Director under the Civil
Administrative Code of Illinois this Act shall be made
available to the Department of Public Health under the
Illinois Health and Hazardous Substances Registry Act.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2005/2005-85 new)
(was 20 ILCS 2005/71, subsec. O) (from Ch. 127, par.
63b17)
Sec. 2005-85. No accreditation, certification, or
registration if in default on educational loan. O. The
Department shall not issue or renew to any individual any
accreditation, certification, or registration (but excluding
registration under the Radiation Installation Act) otherwise
issued by the Department if the individual has defaulted on
an educational loan guaranteed by the Illinois Student
Assistance Commission; however, the Department may issue or
renew an accreditation, certification, or registration if the
individual has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
Additionally, any accreditation, certification, or
registration issued by the Department (but excluding
registration under the Radiation Installation Act) may be
suspended or revoked if the Department, after the opportunity
for a hearing under the appropriate accreditation,
certification, or registration Act, finds that the holder has
failed to make satisfactory repayment to the Illinois Student
Assistance Commission for a delinquent or defaulted loan.
For purposes of this Section, "satisfactory repayment record"
shall be defined by rule.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
(20 ILCS 2105/Art. 2105 heading new)
ARTICLE 2105. DEPARTMENT OF
PROFESSIONAL REGULATION
(20 ILCS 2105/2105-1 new)
Sec. 2105-1. Article short title. This Article 2105 of
the Civil Administrative Code of Illinois may be cited as the
Department of Professional Regulation Law.
(20 ILCS 2105/2105-5 new)
(was 20 ILCS 2105/60b) (from Ch. 127, par. 60b)
Sec. 2105-5. Definitions.
(a) In this Law:
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
(b) Sec. 60b. In the construction of Sections 2105-10,
2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
2105-125, 2105-175, and 2105-325 60, 60a, 60b, 60c, 60d, 60e,
60f, 60g, 60h, 60i, 60j, 60k, and 60L, the following
definitions shall govern unless the context otherwise clearly
indicates:.
"Department" shall mean the Department of Professional
Regulation.
"Registrant" shall mean a person who holds or claims to
hold a certificate as defined herein.
"Certificate" shall mean a license, certificate of
registration, permit or other authority purporting to be
issued or conferred by the department by virtue or authority
of which the registrant has or claims the right to engage in
a profession, trade, occupation or operation of which the
department has jurisdiction.
"Board" means shall mean the board of persons designated
for a profession, trade, or occupation under the provisions
of any Act now or hereafter in force whereby the jurisdiction
of that such profession, trade, or occupation is devolved on
the Department.
"Certificate" means a license, certificate of
registration, permit, or other authority purporting to be
issued or conferred by the Department by virtue or authority
of which the registrant has or claims the right to engage in
a profession, trade, occupation, or operation of which the
Department has jurisdiction.
"Registrant" means a person who holds or claims to hold a
certificate.
(Source: P.A. 85-225.)
(20 ILCS 2105/2105-10 new)
(was 20 ILCS 2105/61d)
Sec. 2105-10. 61d. Legislative declaration of public
policy. The practice of the regulated professions, trades,
and occupations in Illinois is hereby declared to affect the
public health, safety, and welfare of the People of this
State and in the public interest is subject to regulation and
control by the Department of Professional Regulation.
It is further declared to be a matter of public interest
and concern that standards of competency and stringent
penalties for those who violate the public trust be
established to protect the public from unauthorized or
unqualified persons representing one of the regulated
professions, trades, or occupations; and to that end, the
General Assembly shall appropriate the necessary funds for
the ordinary and necessary expenses of these public interests
and concerns as they may exceed the funding available from
the revenues collected from the fees and fines from the
regulated professions, trades, and occupations.
(Source: P.A. 89-204, eff. 1-1-96.)
(20 ILCS 2105/2105-15 new)
(was 20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 2105-15. General 60. powers and duties.
(a) The Department has of Professional Regulation shall
have, subject to the provisions of the Civil Administrative
Code of Illinois this Act, the following powers and duties:
(1) 1. To authorize examinations in English to
ascertain the qualifications and fitness of applicants to
exercise the profession, trade, or occupation for which
the examination is held.
(2) 2. To prescribe rules and regulations for a
fair and wholly impartial method of examination of
candidates to exercise the respective professions,
trades, or occupations.
(3) 3. To pass upon the qualifications of
applicants for licenses, certificates, and authorities,
whether by examination, by reciprocity, or by
endorsement.
(4) 4. To prescribe rules and regulations defining,
for the respective professions, trades, and occupations,
what shall constitute a school, college, or university,
or department of a university, or other institution
institutions, reputable and in good standing, and to
determine the reputability and good standing of a school,
college, or university, or department of a university, or
other institution, reputable and in good standing, by
reference to a compliance with those such rules and
regulations;: provided, that no school, college, or
university, or department of a university, or other
institution that refuses admittance to applicants solely
on account of race, color, creed, sex, or national origin
shall be considered reputable and in good standing.
(5) 5. To conduct hearings on proceedings to
revoke, suspend, refuse to renew, place on probationary
status, or take other disciplinary action as may be
authorized in any licensing Act administered by the
Department with regard to licenses, certificates, or
authorities of persons exercising the respective
professions, trades, or occupations, and to revoke,
suspend, refuse to renew, place on probationary status,
or take other disciplinary action as may be authorized in
any licensing Act administered by the Department with
regard to those such licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any
license or renewal authorized by the Civil Administrative
Code of Illinois this Act to any person who has defaulted
on an educational loan or scholarship provided by or
guaranteed by the Illinois Student Assistance Commission
or any governmental agency of this State; however, the
Department may issue a license or renewal if the
aforementioned persons have established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission or other appropriate governmental
agency of this State. Additionally, beginning June 1,
1996, any license issued by the Department may be
suspended or revoked if the Department, after the
opportunity for a hearing under the appropriate licensing
Act, finds that the licensee has failed to make
satisfactory repayment to the Illinois Student Assistance
Commission for a delinquent or defaulted loan. For the
purposes of this Section, "satisfactory repayment record"
shall be defined by rule. The Department shall refuse to
issue or renew a license to, or shall suspend or revoke a
license of, any person who, after receiving notice, fails
to comply with a subpoena or warrant relating to a
paternity or child support proceeding. However, the
Department may issue a license or renewal upon compliance
with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois
this Act to a person who is certified by the Illinois
Department of Public Aid as being more than 30 days
delinquent in complying with a child support order.; The
Department may, however, issue a license or renewal if
the person has established a satisfactory repayment
record as determined by the Illinois Department of Public
Aid. The Department may implement this paragraph as
added by Public Act 89-6 through the use of emergency
rules in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) 6. To transfer jurisdiction of any realty under
the control of the Department to any other department of
the State Government, or to acquire or accept federal
lands, when the such transfer, acquisition, or acceptance
is advantageous to the State and is approved in writing
by the Governor.
(7) 7. To formulate rules and regulations as may be
necessary for the enforcement of any Act administered by
the Department.
(8) 8. To exchange with the Illinois Department of
Public Aid information that may be necessary for the
enforcement of child support orders entered pursuant to
the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall
not be liable under any federal or State law to any
person for any disclosure of information to the Illinois
Department of Public Aid under this paragraph (8) 8 or
for any other action taken in good faith to comply with
the requirements of this paragraph (8) 8.
(9) 9. To perform such other duties as may be
prescribed by law.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department, to the Department of
Central Management Services for deposit into in the Paper and
Printing Revolving Fund., The remainder shall be deposited
into in the General Revenue Fund.
(c) For the purpose of securing and preparing evidence,
and for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend such sums from the Professional Regulation
Evidence Fund that as the Director deems necessary from the
amounts appropriated for that purpose. Those and such sums
may be advanced to the agent when the Director deems that
such procedure to be in the public interest. Sums for the
purchase of controlled substances, professional services, and
equipment necessary for enforcement activities and other
activities as set forth in this Section shall be advanced to
the agent who is to make t