Sen. Don Harmon

Filed: 1/10/2023

 

 


 

 


 
10200HB1563sam002LRB102 03594 RPS 42610 a

1
AMENDMENT TO HOUSE BILL 1563

2    AMENDMENT NO. ______. Amend House Bill 1563 by replacing
3everything after the enacting clause with the following:
 
4    "Section 10. The Civil Administrative Code of Illinois is
5amended by changing Section 5-200 as follows:
 
6    (20 ILCS 5/5-200)  (was 20 ILCS 5/7.11)
7    Sec. 5-200. Director of Aging. The Director of Aging shall
8be a senior citizen, as that term is defined in the Illinois
9Act on the Aging, who has sufficient experience in providing
10services to the aging or shall be an individual who has actual
11experience in providing services to senior citizens.
12(Source: P.A. 91-239, eff. 1-1-00.)
 
13    Section 25. The Illinois Act on the Aging is amended by
14changing Section 7.01 as follows:
 

 

 

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1    (20 ILCS 105/7.01)  (from Ch. 23, par. 6107.01)
2    Sec. 7.01. The Council shall consist of 31 voting members,
3including: two Senators appointed by the President of the
4Senate; two Senators appointed by the Senate Minority Leader;
5two Representatives appointed by the Speaker of the House of
6Representatives; two Representatives appointed by the House
7Minority Leader; and twenty three citizen members, at least
8sixteen of whom shall be senior citizens or have actual
9experience in providing services to senior citizens. Of the
10citizen members, at least 7 shall represent underrepresented
11communities as follows:
12        (1) one member who is a lesbian, gay, bisexual, or
13    queer individual;
14        (2) one member who is a transgender or
15    gender-expansive individual;
16        (3) one member who is a person living with HIV;
17        (4) one member who is an African-American or Black
18    individual;
19        (5) one member who is a Hispanic or Latino individual;
20        (6) one member who is an Asian-American or Pacific
21    Islander individual; and
22        (7) one member who is an ethnically diverse
23    individual.
24(Source: P.A. 102-885, eff. 5-16-22.)
 
25    Section 30. The Department of Central Management Services

 

 

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1Law of the Civil Administrative Code of Illinois is amended by
2changing Section 405-413 as follows:
 
3    (20 ILCS 405/405-413)
4    Sec. 405-413. Geographic consolidation of State employment
5positions.
6    (a) Notwithstanding any other law to the contrary, it is
7recognized that the Director of Central Management Services,
8working in consultation with the Director of any affected
9State agency, shall direct the relocation to Sangamon County
10is the preferred location of all State employment positions
11under the Personnel Code that are not required by their nature
12or function to be located in a specific geographic area.
13    (b) (Blank). Notwithstanding any other law to the
14contrary, the Director of Central Management Services, working
15in consultation with the Director of any affected State
16agency, shall direct all new State employment positions which
17may be created under the Personnel Code, and which are not
18required by their nature or function to be located in a
19specific geographic area, to be located in Sangamon County.
20    (c) The Director shall determine a geographic location for
21each State employment position taking into consideration a
22variety of factors, including, but not limited to, and, if it
23is other than Sangamon County, the reason for it to be in that
24geographic location. In determining whether to locate or
25relocate a State employment position to Sangamon County, the

 

 

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1Director shall consult the Director of any affected State
2agency as to whether the nature or function of a position,
3whether the position is well-suited for telework or a similar
4arrangement, where a diverse and equitable applicant pool
5exists, the preference for State employment positions to be
6located in Sangamon County, and other similar factors that
7should determine the geographic location of a State employment
8position. requires it to be located in a specific geographic
9area of the State. If no such geographic necessity exists,
10that position shall be located or relocated to Sangamon
11County.
12    (d) The rights of employees and the State and its agencies
13under the Personnel Code and applicable collective bargaining
14agreements with respect to the relocation of current State
15employee position holders shall not be affected by the
16provisions of this Section. The provisions of this Section
17regarding location or relocation of a position to Sangamon
18County shall apply only to State employment positions that
19become vacant or are created on or after the effective date of
20this amendatory Act of the 100th General Assembly.
21    (e) The provisions of this Section do not apply to: (1) any
22office of the legislative or judicial branch; (2) Statewide
23offices under the jurisdiction of any executive branch
24constitutional officer other than the Governor; or (3) persons
25employed directly by the Office of the Governor. This Section
26does apply to departments and agencies of State government

 

 

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1under the jurisdiction of the Governor other than persons
2employed directly by the Office of the Governor.
3(Source: P.A. 100-742, eff. 8-9-18.)
 
4    Section 45. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-347 as follows:
 
7    (20 ILCS 2310/2310-347)
8    Sec. 2310-347. The Carolyn Adams Ticket For The Cure
9Board.
10    (a) The Carolyn Adams Ticket For The Cure Board is created
11as an advisory board within the Department. Until 30 days
12after the effective date of this amendatory Act of the 97th
13General Assembly, the Board may consist of 10 members as
14follows: 2 members appointed by the President of the Senate; 2
15members appointed by the Minority Leader of the Senate; 2
16members appointed by the Speaker of the House of
17Representatives; 2 members appointed by the Minority Leader of
18the House of Representatives; and 2 members appointed by the
19Governor with the advice and consent of the Senate, one of whom
20shall be designated as chair of the Board at the time of
21appointment.
22    (a-5) Notwithstanding any provision of this Article to the
23contrary, the term of office of each current Board member ends
2430 days after the effective date of this amendatory Act of the

 

 

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197th General Assembly or when his or her successor is
2appointed and qualified, whichever occurs sooner. No later
3than 30 days after the effective date of this amendatory Act of
4the 97th General Assembly, the Board shall consist of 10 newly
5appointed members. Four of the Board members shall be members
6of the General Assembly and appointed as follows: one member
7appointed by the President of the Senate; one member appointed
8by the Minority Leader of the Senate; one member appointed by
9the Speaker of the House of Representatives; and one member
10appointed by the Minority Leader of the House of
11Representatives.
12    Six of the Board members shall be appointed by the
13Director of the Department of Public Health, who shall
14designate one of these appointed members as chair of the Board
15at the time of his or her appointment. These 6 members
16appointed by the Director shall reflect the population with
17regard to ethnic, racial, and geographical composition and
18shall include the following individuals: one breast cancer
19survivor; one physician specializing in breast cancer or
20related medical issues; one breast cancer researcher; one
21representative from a breast cancer organization; one
22individual who operates a patient navigation program at a
23major hospital or health system; and one breast cancer
24professional that may include, but not be limited to, a
25genetics counselor, a social worker, a detain, an occupational
26therapist, or a nurse.

 

 

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1    A Board member whose term has expired may continue to
2serve until a successor is appointed. A Board member who is not
3a member of the General Assembly may serve 2 consecutive
43-year terms and shall not be reappointed for 3 years after the
5completion of those consecutive terms.
6    (b) Board members shall serve without compensation but may
7be reimbursed for their reasonable travel expenses incurred in
8performing their duties from funds available for that purpose.
9The Department shall provide staff and administrative support
10services to the Board.
11    (c) The Board may advise:
12        (i) the Department of Revenue in designing and
13    promoting the Carolyn Adams Ticket For The Cure special
14    instant scratch-off lottery game;
15        (ii) the Department in reviewing grant applications;
16    and
17        (iii) the Director on the final award of grants from
18    amounts appropriated from the Carolyn Adams Ticket For The
19    Cure Grant Fund, to public or private entities in Illinois
20    that reflect the population with regard to ethnic, racial,
21    and geographic geographical composition for the purpose of
22    funding breast cancer research and supportive services for
23    breast cancer survivors and those impacted by breast
24    cancer and breast cancer education. In awarding grants,
25    the Department shall consider criteria that includes, but
26    is not limited to, projects and initiatives that address

 

 

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1    disparities in incidence and mortality rates of breast
2    cancer, based on data from the Illinois Cancer Registry,
3    and populations facing barriers to care in accordance with
4    Section 21.5 of the Illinois Lottery Law.
5    (c-5) The Department shall submit a report to the Governor
6and the General Assembly by December 31 of each year. The
7report shall provide a summary of the Carolyn Adams Ticket for
8the Cure lottery ticket sales, grants awarded, and the
9accomplishments of the grantees.
10    (d) The Board is discontinued on June 30, 2027.
11(Source: P.A. 99-917, eff. 12-30-16.)
 
12    Section 55. The Illinois Criminal Justice Information Act
13is amended by changing Section 4 as follows:
 
14    (20 ILCS 3930/4)  (from Ch. 38, par. 210-4)
15    Sec. 4. Illinois Criminal Justice Information Authority;
16creation, membership, and meetings. There is created an
17Illinois Criminal Justice Information Authority consisting of
1825 members. The membership of the Authority shall consist of:
19        (1) the Illinois Attorney General, or the Illinois
20    Attorney General's his or her designee; ,
21        (2) the Director of Corrections or the Director's
22    designee; ,
23        (3) the Director of the Illinois State Police or the
24    Director's designee; ,

 

 

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1        (4) the Director of Public Health or the Director's
2    designee; ,
3        (5) the Director of Children and Family Services or
4    the Director's designee; ,
5        (6) the Sheriff of Cook County or the Sheriff's
6    designee; ,
7        (7) the State's Attorney of Cook County or the State's
8    Attorney's designee; ,
9        (8) the clerk of the circuit court of Cook County or
10    the clerk's designee; ,
11        (9) the President of the Cook County Board of
12    Commissioners or the President's designee; ,
13        (10) the Superintendent of the Chicago Police
14    Department or the Superintendent's designee; ,
15        (11) the Director of the Office of the State's
16    Attorneys Appellate Prosecutor or the Director's
17    designee; ,
18        (12) the Executive Director of the Illinois Law
19    Enforcement Training Standards Board or the Executive
20    Director's designee; ,
21        (13) the State Appellate Defender or the State
22    Appellate Defender's designee; ,
23        (14) the Public Defender of Cook County or the Public
24    Defender's designee; , and
25        (15) the following additional members, each of whom
26    shall be appointed by the Governor:

 

 

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1            (A) a circuit court clerk; ,
2            (B) a sheriff; ,
3            (C) a State's Attorney of a county other than
4        Cook; ,
5            (D) a Public Defender of a county other than
6        Cook; ,
7            (E) a chief of police; , and
8            (F) 6 members of the general public.
9    Members appointed on and after the effective date of this
10amendatory Act of the 98th General Assembly shall be confirmed
11by the Senate.
12    The Governor from time to time shall designate a Chairman
13of the Authority from the membership. All members of the
14Authority appointed by the Governor shall serve at the
15pleasure of the Governor for a term not to exceed 4 years. The
16initial appointed members of the Authority shall serve from
17January, 1983 until the third Monday in January, 1987 or until
18their successors are appointed.
19    The Authority shall meet at least quarterly, and all
20meetings of the Authority shall be called by the Chairman.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    Section 60. The Blue-Ribbon Commission on Transportation
23Infrastructure and Policy Act is amended by changing Sections
2410, 15, 25, and 30 as follows:
 

 

 

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1    (20 ILCS 4116/10)
2    (Section scheduled to be repealed on February 1, 2023)
3    Sec. 10. Commission created.
4    (a) The Blue-Ribbon Commission on Transportation
5Infrastructure Funding and Policy is created within the
6Department of Transportation consisting of members appointed
7as follows:
8        (1) Four members of the House of Representatives, with
9    2 to be appointed by the Speaker of the House of
10    Representatives and 2 to be appointed by the Minority
11    Leader of the House of Representatives.
12        (2) Four members of the Senate, with 2 to be appointed
13    by the President of the Senate and 2 to be appointed by the
14    Minority Leader of the Senate.
15        (3) Eight members appointed by the Governor with the
16    advice and consent of the Senate.
17        (4) The chair of the Commission to be appointed by the
18    Governor from among his 8 appointments.
19    (b) Members shall have expertise, knowledge, or experience
20in transportation infrastructure development, construction,
21workforce, or policy. Members shall also represent a diverse
22set of sectors, including the labor, engineering,
23construction, transit, active transportation, rail, air, or
24other sectors, and shall include participants of the
25Disadvantaged Business Enterprise Program. No more than 2
26appointees shall be members of the same sector.

 

 

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1    (c) Members shall represent geographically diverse regions
2of the State.
3    (d) Members shall be appointed by January 31, 2023 May 31,
42022.
5(Source: P.A. 102-988, eff. 5-27-22.)
 
6    (20 ILCS 4116/15)
7    (Section scheduled to be repealed on February 1, 2023)
8    Sec. 15. Meetings. The Commission shall hold its first
9meeting by February 15, 2023 within 2 months from the
10effective date of this Act. The Commission may conduct
11meetings at such places and at such times as it may deem
12necessary or convenient to enable it to exercise fully and
13effectively its powers, perform its duties, and accomplish its
14objectives and purposes.
15(Source: P.A. 102-988, eff. 5-27-22.)
 
16    (20 ILCS 4116/25)
17    (Section scheduled to be repealed on February 1, 2023)
18    Sec. 25. Report. The Commission shall direct the Illinois
19Department of Transportation to enter into a contract with a
20third party to assist the Commission in producing a document
21that evaluates the topics under this Act and outline formal
22recommendations that can be acted upon by the General
23Assembly. The Commission shall report a summary of its
24activities and produce a final report of the data, findings,

 

 

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1and recommendations to the General Assembly by September 15,
22023 January 31, 2023. The final report shall include
3specific, actionable recommendations for legislation and
4organizational adjustments. The final report may include
5recommendations for pilot programs to test alternatives. The
6final report and recommendations shall also include any
7minority and individual views of task force members.
8(Source: P.A. 102-988, eff. 5-27-22.)
 
9    (20 ILCS 4116/30)
10    (Section scheduled to be repealed on February 1, 2023)
11    Sec. 30. Repeal. This Commission is dissolved, and this
12Act is repealed, on September 30, 2023 February 1, 2023.
13(Source: P.A. 102-988, eff. 5-27-22.)
 
14    Section 65. The Renewable Energy Component Recycling Task
15Force Act is amended by changing Section 10 as follows:
 
16    (20 ILCS 4118/10)
17    (Section scheduled to be repealed on December 31, 2025)
18    Sec. 10. The Renewable Energy Component Recycling Task
19Force.
20    (a) The Renewable Energy Component Recycling Task Force,
21hereinafter referred to as the REC Recycling Task Force, is
22hereby established.
23    (b) The REC Recycling Task Force shall consist of the

 

 

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1following members:
2        (1) The Director of the Environmental Protection
3    Agency or his or her designee;
4        (2) The Chair of the Illinois Commerce Commission or
5    his or her designee;
6        (3) The Director of the Illinois Power Agency or his
7    or her designee;
8        (4) Four members appointed by the Governor, including
9    one representing a solid waste disposal organization, one
10    representing a renewable energy organization, and one
11    representing an environmental advocacy organization;
12        (5) Two members appointed by the President of the
13    Senate, one representing a solid waste disposal
14    organization and one representing a renewable energy
15    organization;
16        (6) Two members appointed by the Minority Leader of
17    the Senate, one representing a solid waste disposal
18    organization and one representing a renewable energy
19    organization;
20        (7) Two members appointed by the Speaker of the House
21    of Representatives, one representing a solid waste
22    disposal organization and one representing a renewable
23    energy organization; and
24        (8) Two members appointed by the Minority Leader of
25    the House of Representatives, one representing a solid
26    waste disposal organization and one representing a

 

 

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1    renewable energy organization.
2    (c) The REC Recycling Task Force shall meet at the call of
3the Chair at least quarterly to fulfill its duties under this
4Act. At the first meeting of the REC Recycling Task Force, the
5Task Force shall elect from among its members a Chair and such
6other officers as it may choose.
7    (d) The Environmental Protection Agency shall coordinate
8meetings for and provide other logistical assistance to the
9REC Recycling Task Force. The Agency may, upon request by the
10Task Force, arrange to have outside experts provide research
11assistance, technical support, and assistance in the
12preparation of reports for the REC Recycling Task Force.
13Notwithstanding any law to the contrary, the Environmental
14Protection Agency may use moneys from the Solid Waste
15Management Fund to fulfill its obligations under this Section,
16including any obligation it may have to arrange to have
17outside experts provide support and assistance to the Task
18Force pursuant to this subsection.
19    (e) Members of the REC Recycling Task Force shall serve
20without compensation, but the Task Force may, within the
21limits of any funds appropriated or otherwise made available
22to it, reimburse its members for actual and necessary expenses
23incurred in the discharge of their Task Force duties.
24(Source: P.A. 102-1025, eff. 5-27-22.)
 
25    Section 70. The Illinois Indian American Advisory Council

 

 

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1Act is amended by changing Section 1, 5, 10, 15, 20, and 25 as
2follows:
 
3    (20 ILCS 4120/1)
4    Sec. 1. Short title. This Act may be cited as the Illinois
5South Asian Indian American Advisory Council Act.
6(Source: P.A. 102-1058, eff. 1-1-23.)
 
7    (20 ILCS 4120/5)
8    Sec. 5. Definitions. As used in this Act:
9    "South Asian" "Indian" means a person descended from any
10of the countries of the South Asian subcontinent that are not
11primarily Muslim in character, including India, Bhutan, Nepal,
12and Sri Lanka.
13    "Council" means the Illinois South Asian Indian American
14Advisory Council created by this Act.
15(Source: P.A. 102-1058, eff. 1-1-23.)
 
16    (20 ILCS 4120/10)
17    Sec. 10. Illinois South Asian Indian American Advisory
18Council. There is hereby created the Illinois South Asian
19Indian American Advisory Council. The purpose of the Council
20is to advise the Governor and the General Assembly on policy
21issues impacting South Asian Indian Americans and immigrants;
22to advance the role and civic participation of South Asian
23Indian Americans in this State; to enhance trade and

 

 

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1cooperation between South Asian Indian-majority countries and
2this State; and, in cooperation with State agencies, boards,
3and commissions, to build relationships with and disseminate
4information to South Asian Indian American and immigrant
5communities across this State.
6(Source: P.A. 102-1058, eff. 1-1-23.)
 
7    (20 ILCS 4120/15)
8    Sec. 15. Council members.
9    (a) The Council shall consist of 21 voting members. The
10Governor shall appoint one voting member, who shall act as the
11chairperson of the Council and serve as the representative of
12the Office of the Governor. The Governor, the President of the
13Senate, the Speaker of the House of Representatives, the
14Minority Leader of the Senate, and the Minority Leader of the
15House of Representatives shall each appoint 4 members of the
16public to the Council, who shall also serve as voting members.
17    (b) Appointing authorities shall ensure, to the maximum
18extent practicable, that the Council is diverse with respect
19to race, ethnicity, age, gender, faith, sexual orientation,
20language, country of origin, and geography.
21    (c) Appointments to the Council shall be persons of
22recognized ability and experience in one or more of the
23following areas: higher education, business, international
24trade, law, social services, human services, immigration,
25refugee services, community development, or health care.

 

 

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1    (d) Appointed members of the Council shall serve 2-year
2terms. A member shall serve until his or her successor shall be
3appointed. Members of the Council shall not be entitled to
4compensation for their services as members.
5    (e) The following officials shall serve as ex officio,
6nonvoting members of the Council: the Deputy Director of the
7Office of Trade and Investment within the Department of
8Commerce and Economic Opportunity, or his or her designee, and
9the Chief of the Bureau of Refugee and Immigrant Services
10within the Department of Human Services, or his or her
11designee.
12    The following State agencies shall also each appoint a
13liaison to serve as an ex officio, nonvoting member members of
14the Council: the Department of Commerce and Economic
15Opportunity, the Department of Financial and Professional
16Regulation, the Department of Human Services, the Department
17on Aging, the Department of Children and Family Services, the
18Department of Healthcare and Family Services, the Department
19of Public Health, the Department of Central Management
20Services, the Illinois State Board of Education, the Illinois
21Board of Higher Education, and the Illinois Community College
22Board.
23    (f) The Council may establish committees that address
24certain issues, including, but not limited to, communications,
25economic development, and legislative affairs.
26    (g) (Blank). The Office of the Governor shall provide

 

 

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1administrative and technical support to the Council, including
2a staff member to serve as ethics officer.
3(Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
 
4    (20 ILCS 4120/20)
5    Sec. 20. Meetings. The Council shall meet at least once
6per each calendar quarter. In addition, the Council may hold
7up to 2 public hearings annually to assist in the development
8of policy recommendations to the Governor and the General
9Assembly. All meetings of the Council shall be conducted in
10accordance with the Open Meetings Act. Eleven members of the
11Council shall constitute a quorum.
12(Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
 
13    (20 ILCS 4120/25)
14    Sec. 25. Reports.
15    (a) The Council shall issue semi-annual reports on its
16policy recommendations to the Governor and the General
17Assembly by June 30th and December 31st of each year.
18    (b) The reports on policy recommendations shall focus on,
19but are not limited to, the following: (i) policy issues
20impacting South Asian Indian Americans and immigrants; (ii)
21advancement of the role and civic participation of South Asian
22Indian Americans in this State; (iii) enhancement of trade and
23cooperation between South Asian Indian-majority countries and
24this State; and (iv) building relationships with and

 

 

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1disseminating information to, in cooperation with State
2agencies, boards, and commissions, South Asian Indian American
3and immigrant communities across this State.
4(Source: P.A. 102-1058, eff. 1-1-23.)
 
5    Section 75. The Hydrogen Economy Act is amended by
6changing Section 95 as follows:
 
7    (20 ILCS 4122/95)
8    (Section scheduled to be repealed on June 1, 2023)
9    Sec. 95. Repealer. This Act is repealed on June 1, 2026
102023.
11(Source: P.A. 102-1086, eff. 6-10-22.)
 
12    Section 80. The Human Trafficking Task Force Act is
13amended by changing Section 5 as follows:
 
14    (20 ILCS 5086/5)
15    (Section scheduled to be repealed on July 1, 2024)
16    Sec. 5. Human Trafficking Task Force created.
17    (a) There is created the Human Trafficking Task Force to
18address the growing problem of human trafficking across this
19State. The Human Trafficking Task Force shall consist of the
20following persons:
21        (1) five three members of the House of
22    Representatives, appointed by the Speaker of the House of

 

 

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1    Representatives;
2        (2) five three members of the House of
3    Representatives, appointed by the Minority Leader of the
4    House of Representatives;
5        (3) five three members of the Senate, appointed by the
6    President of the Senate;
7        (4) five three members of the Senate, appointed by the
8    Minority Leader of the Senate;
9        (5) one representative of the Cook County Human
10    Trafficking Task Force, appointed by the Governor; and
11        (6) one representative of the Central Illinois Human
12    Trafficking Task Force, appointed by the Governor.
13    (b) The Task Force shall include the following ex officio
14members:
15        (1) the Director of the Illinois State Police, or his
16    or her designee;
17        (2) the Director of the Department of Children and
18    Family Services, or his or her designee;
19        (3) the Secretary of the Department of Human Services,
20    or his or her designee; and
21        (4) the Director of the Department of Healthcare and
22    Family Services, or his or her designee.
23    (c) Members of the Human Trafficking Task Force shall
24serve without compensation.
25(Source: P.A. 102-323, eff. 8-6-21.)
 

 

 

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1    Section 85. The Illinois Muslim American Advisory Council
2Act is amended by changing Section 20 as follows:
 
3    (20 ILCS 5110/20)
4    Sec. 20. Council members.
5    (a) The Council shall consist of 21 members. The Governor
6shall appoint one member to be the representative of the
7Office of the Governor. The Governor, the President of the
8Senate, the Speaker of the House of Representatives, the
9Minority Leader of the Senate, and the Minority Leader of the
10House of Representatives shall also each appoint 4 public
11members to the Council. The Governor shall select the
12chairperson of the Council from among the members.
13    (b) Appointing authorities shall ensure, to the maximum
14extent practicable, that the Council is diverse with respect
15to race, ethnicity, age, gender, and geography.
16    (c) Appointments to the Council shall be persons of
17recognized ability and experience in one or more of the
18following areas: higher education, business, international
19trade, law, social services, human services, immigration,
20refugee services, community development, or healthcare.
21    (d) Members of the Council shall serve 2-year terms. A
22member shall serve until his or her successor shall be
23appointed. Members of the Council shall not be entitled to
24compensation for their services as members.
25    (e) The following officials shall serve as ex officio

 

 

10200HB1563sam002- 23 -LRB102 03594 RPS 42610 a

1ex-officio members: the Deputy Director of the Office of Trade
2and Investment within the Department of Commerce and Economic
3Opportunity, or his or her designee, and the Chief of the
4Bureau of Refugee and Immigrant Services within the Department
5of Human Services, or his or her designee. In addition, the
6Department on Aging, the Department of Children and Family
7Services, the Department of Healthcare and Family Services,
8the Department of Public Health, the Department of Central
9Management Services, the Board of Education, the Board of
10Higher Education, and the Community College Board shall each
11appoint a liaison to serve as an ex officio ex-officio member
12of the Council.
13    (f) The Council may establish committees that address
14certain issues, including, but not limited to, communications,
15economic development, and legislative affairs.
16    (g) (Blank). The Office of the Governor shall provide
17administrative and technical support to the Council, including
18a staff member to serve as ethics officer.
19(Source: P.A. 100-459, eff. 8-25-17.)
 
20    Section 90. The Metropolitan Pier and Exposition Authority
21Act is amended by changing Section 14 as follows:
 
22    (70 ILCS 210/14)  (from Ch. 85, par. 1234)
23    Sec. 14. Board; compensation. The governing and
24administrative body of the Authority shall be a board known as

 

 

10200HB1563sam002- 24 -LRB102 03594 RPS 42610 a

1the Metropolitan Pier and Exposition Board. On the effective
2date of this amendatory Act of the 96th General Assembly, the
3Trustee shall assume the duties and powers of the Board for a
4period of 18 months or until the Board is fully constituted,
5whichever is later. Any action requiring Board approval shall
6be deemed approved by the Board if the Trustee approves the
7action in accordance with Section 14.5. Beginning the first
8Monday of the month occurring 18 months after the effective
9date of this amendatory Act of the 96th General Assembly and
10until the effective date of this amendatory Act of the 102nd
11General Assembly, the Board shall consist of 9 members. On and
12after the effective date of this amendatory Act of the 102nd
13General Assembly, the Board shall consist of 11 members. The
14Governor shall appoint 5 4 members to the Board, subject to the
15advice and consent of the Senate. The Mayor shall appoint 5 4
16members to the Board. At least one member of the Board shall
17represent the interests of labor, and at least one member of
18the Board shall represent the interests of the convention
19industry. A majority of the members appointed by the Governor
20and Mayor shall appoint a ninth member to serve as the
21chairperson until the chairperson's term expires on or after
22the effective date of this amendatory Act of the 102nd General
23Assembly, at which time, a majority of the members appointed
24by the Governor and Mayor shall appoint an eleventh member to
25serve as the chairperson. The Board shall be fully constituted
26when a quorum has been appointed. The members of the board

 

 

10200HB1563sam002- 25 -LRB102 03594 RPS 42610 a

1shall be individuals of generally recognized ability and
2integrity. No member of the Board may be (i) an officer or
3employee of, or a member of a board, commission or authority
4of, the State, any unit of local government or any school
5district or (ii) a person who served on the Board prior to the
6effective date of this amendatory Act of the 96th General
7Assembly.
8    Of the initial members appointed by the Governor, one
9shall serve for a term expiring June 1, 2013, one shall serve
10for a term expiring June 1, 2014, one shall serve for a term
11expiring June 1, 2015, and one shall serve for a term expiring
12June 1, 2016, as determined by the Governor. Of the initial
13members appointed by the Mayor, one shall serve for a term
14expiring June 1, 2013, one shall serve for a term expiring June
151, 2014, one shall serve for a term expiring June 1, 2015, and
16one shall serve for a term expiring June 1, 2016, as determined
17by the Mayor. The initial chairperson appointed by the Board
18shall serve a term for a term expiring June 1, 2015. Additional
19members of the Board appointed pursuant to this amendatory Act
20of the 102nd General Assembly shall serve for a term expiring
21on June 1, 2026. Successors shall be appointed to 4-year
22terms.
23    Members of the Board shall serve without compensation, but
24shall be reimbursed for actual expenses incurred by them in
25the performance of their duties. All members of the Board and
26employees of the Authority are subject to the Illinois

 

 

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1Governmental Ethics Act, in accordance with its terms.
2(Source: P.A. 102-699, eff. 4-19-22.)
 
3    Section 95. The Alexander-Cairo Port District Act is
4amended by changing Sections 95, 100, and 115 as follows:
 
5    (70 ILCS 1801/95)
6    Sec. 95. Board members. The governing and administrative
7body of the Port District shall be a Board consisting of 9 7
8members, to be known as the Alexander-Cairo Port District
9Board. All members of the Board shall be residents of the
10District, except the member with wetlands mitigation
11experience and the member with economic development experience
12do not need to be residents of the District. The members of the
13Board shall serve without compensation but shall be reimbursed
14for actual expenses incurred by them in the performance of
15their duties. However, any member of the Board who is
16appointed to the office of secretary or treasurer may receive
17compensation for his or her services as such officer. No
18member of the Board or employee of the District shall have any
19private financial interest, profit, or benefit in any
20contract, work, or business of the District nor in the sale or
21lease of any property to or from the District.
22(Source: P.A. 96-1015, eff. 7-8-10.)
 
23    (70 ILCS 1801/100)

 

 

10200HB1563sam002- 27 -LRB102 03594 RPS 42610 a

1    Sec. 100. Board appointments; terms. The Governor shall
2appoint 6 4 members of the Board, including one member with
3wetlands mitigation experience and one member with economic
4development experience. The member with wetlands mitigation
5experience and the member with economic development experience
6do not need to be residents of the District. The the Mayor of
7the City of Cairo shall appoint one member of the Board, and
8the chairperson of the Alexander County Board, with the advice
9and consent of the Alexander County Board, shall appoint 2
10members of the Board. All initial appointments shall be made
11within 60 days after this Act takes effect. Of the 4 members
12initially appointed by the Governor, 2 shall be appointed for
13initial terms expiring June 1, 2012 and 2 shall be appointed
14for initial terms expiring June 1, 2013. The term of the member
15initially appointed by the Mayor shall expire June 1, 2013. Of
16the 2 members appointed by the Alexander County Board
17Chairperson, one shall be appointed for an initial term
18expiring June 1, 2012, and one shall be appointed for an
19initial term expiring June 1, 2013. Additional members of the
20Board appointed pursuant to this amendatory Act of the 102nd
21General Assembly shall serve for a term expiring on June 1,
222025. At the expiration of the term of any member, his or her
23successor shall be appointed by the Governor, Mayor, or
24Alexander County Board Chairperson in like manner and with
25like regard to the place of residence of the appointee, as in
26the case of appointments for the initial terms.

 

 

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1    After the expiration of initial terms, each successor
2shall hold office for the term of 3 years beginning the first
3day of June of the year in which the term of office commences.
4In the case of a vacancy during the term of office of any
5member appointed by the Governor, the Governor shall make an
6appointment for the remainder of the term vacant and until a
7successor is appointed and qualified. In the case of a vacancy
8during the term of office of any member appointed by the Mayor,
9the Mayor shall make an appointment for the remainder of the
10term vacant and until a successor is appointed and qualified.
11In the case of a vacancy during the term of office of any
12member appointed by the Alexander County Board Chairperson,
13the Alexander County Board Chairperson shall make an
14appointment for the remainder of the term vacant and until a
15successor is appointed and qualified. The Governor, Mayor, and
16Alexander County Board Chairperson shall certify their
17respective appointments to the Secretary of State. Within 30
18days after certification of his or her appointment, and before
19entering upon the duties of his or her office, each member of
20the Board shall take and subscribe the constitutional oath of
21office and file it in the office of the Secretary of State.
22(Source: P.A. 96-1015, eff. 7-8-10.)
 
23    (70 ILCS 1801/115)
24    Sec. 115. Meetings. Regular meetings of the Board shall be
25held at least once in each calendar month, the time and place

 

 

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1of the meetings to be fixed by the Board. Five Four members of
2the Board shall constitute a quorum for the transaction of
3business. All action of the Board shall be by ordinance or
4resolution and the affirmative vote of at least 5 4 members
5shall be necessary for the adoption of any ordinance or
6resolution. All such ordinances and resolutions before taking
7effect shall be approved by the chairperson of the Board, and
8if he or she approves, the chairperson shall sign the same, and
9if the chairperson does not approve, the chairperson shall
10return to the Board with his or her objections in writing at
11the next regular meeting of the Board occurring after the
12passage. But in the case the chairperson fails to return any
13ordinance or resolution with his or her objections within the
14prescribed time, the chairperson shall be deemed to have
15approved the ordinance, and it shall take effect accordingly.
16Upon the return of any ordinance or resolution by the
17chairperson with his or her objections, the vote shall be
18reconsidered by the Board, and if, upon reconsideration of the
19ordinance or resolution, it is passed by the affirmative vote
20of at least 5 members, it shall go into effect notwithstanding
21the veto of the chairperson. All ordinances, resolutions, and
22proceedings of the District and all documents and records in
23its possession shall be public records, and open to public
24inspection, except for documents and records that are kept or
25prepared by the Board for use in negotiations, legal actions,
26or proceedings to which the District is a party.

 

 

10200HB1563sam002- 30 -LRB102 03594 RPS 42610 a

1(Source: P.A. 96-1015, eff. 7-8-10.)
 
2    Section 100. The Illinois Gambling Act is amended by
3changing Section 5 as follows:
 
4    (230 ILCS 10/5)  (from Ch. 120, par. 2405)
5    Sec. 5. Gaming Board.
6    (a) (1) There is hereby established the Illinois Gaming
7Board, which shall have the powers and duties specified in
8this Act, and all other powers necessary and proper to fully
9and effectively execute this Act for the purpose of
10administering, regulating, and enforcing the system of
11riverboat and casino gambling established by this Act and
12gaming pursuant to an organization gaming license issued under
13this Act. Its jurisdiction shall extend under this Act to
14every person, association, corporation, partnership and trust
15involved in riverboat and casino gambling operations and
16gaming pursuant to an organization gaming license issued under
17this Act in the State of Illinois.
18    (2) The Board shall consist of 5 members to be appointed by
19the Governor with the advice and consent of the Senate, one of
20whom shall be designated by the Governor to be chairperson.
21Each member shall have a reasonable knowledge of the practice,
22procedure and principles of gambling operations. Each member
23shall either be a resident of Illinois or shall certify that he
24or she will become a resident of Illinois before taking

 

 

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1office.
2    On and after the effective date of this amendatory Act of
3the 101st General Assembly, new appointees to the Board must
4include the following:
5        (A) One member who has received, at a minimum, a
6    bachelor's degree from an accredited school and at least
7    10 years of verifiable experience in the fields of
8    investigation and law enforcement.
9        (B) One member who is a certified public accountant
10    with experience in auditing and with knowledge of complex
11    corporate structures and transactions.
12        (C) One member who has 5 years' experience as a
13    principal, senior officer, or director of a company or
14    business with either material responsibility for the daily
15    operations and management of the overall company or
16    business or material responsibility for the policy making
17    of the company or business.
18        (D) One member who is an attorney licensed to practice
19    law in Illinois for at least 5 years.
20    Notwithstanding any provision of this subsection (a), the
21requirements of subparagraphs (A) through (D) of this
22paragraph (2) shall not apply to any person reappointed
23pursuant to paragraph (3).
24    No more than 3 members of the Board may be from the same
25political party. No Board member shall, within a period of one
26year immediately preceding nomination, have been employed or

 

 

10200HB1563sam002- 32 -LRB102 03594 RPS 42610 a

1received compensation or fees for services from a person or
2entity, or its parent or affiliate, that has engaged in
3business with the Board, a licensee, or a licensee under the
4Illinois Horse Racing Act of 1975. Board members must publicly
5disclose all prior affiliations with gaming interests,
6including any compensation, fees, bonuses, salaries, and other
7reimbursement received from a person or entity, or its parent
8or affiliate, that has engaged in business with the Board, a
9licensee, or a licensee under the Illinois Horse Racing Act of
101975. This disclosure must be made within 30 days after
11nomination but prior to confirmation by the Senate and must be
12made available to the members of the Senate.
13    (3) The terms of office of the Board members shall be 3
14years, except that the terms of office of the initial Board
15members appointed pursuant to this Act will commence from the
16effective date of this Act and run as follows: one for a term
17ending July 1, 1991, 2 for a term ending July 1, 1992, and 2
18for a term ending July 1, 1993. Upon the expiration of the
19foregoing terms, the successors of such members shall serve a
20term for 3 years and until their successors are appointed and
21qualified for like terms. Vacancies in the Board shall be
22filled for the unexpired term in like manner as original
23appointments. Each member of the Board shall be eligible for
24reappointment at the discretion of the Governor with the
25advice and consent of the Senate.
26    (4) Each member of the Board shall receive $300 for each

 

 

10200HB1563sam002- 33 -LRB102 03594 RPS 42610 a

1day the Board meets and for each day the member conducts any
2hearing pursuant to this Act. Each member of the Board shall
3also be reimbursed for all actual and necessary expenses and
4disbursements incurred in the execution of official duties.
5    (5) No person shall be appointed a member of the Board or
6continue to be a member of the Board who is, or whose spouse,
7child or parent is, a member of the board of directors of, or a
8person financially interested in, any gambling operation
9subject to the jurisdiction of this Board, or any race track,
10race meeting, racing association or the operations thereof
11subject to the jurisdiction of the Illinois Racing Board. No
12Board member shall hold any other public office. No person
13shall be a member of the Board who is not of good moral
14character or who has been convicted of, or is under indictment
15for, a felony under the laws of Illinois or any other state, or
16the United States.
17    (5.5) No member of the Board shall engage in any political
18activity. For the purposes of this Section, "political" means
19any activity in support of or in connection with any campaign
20for federal, State, or local elective office or any political
21organization, but does not include activities (i) relating to
22the support or opposition of any executive, legislative, or
23administrative action (as those terms are defined in Section 2
24of the Lobbyist Registration Act), (ii) relating to collective
25bargaining, or (iii) that are otherwise in furtherance of the
26person's official State duties or governmental and public

 

 

10200HB1563sam002- 34 -LRB102 03594 RPS 42610 a

1service functions.
2    (6) Any member of the Board may be removed by the Governor
3for neglect of duty, misfeasance, malfeasance, or nonfeasance
4in office or for engaging in any political activity.
5    (7) Before entering upon the discharge of the duties of
6his office, each member of the Board shall take an oath that he
7will faithfully execute the duties of his office according to
8the laws of the State and the rules and regulations adopted
9therewith and shall give bond to the State of Illinois,
10approved by the Governor, in the sum of $25,000. Every such
11bond, when duly executed and approved, shall be recorded in
12the office of the Secretary of State. Whenever the Governor
13determines that the bond of any member of the Board has become
14or is likely to become invalid or insufficient, he shall
15require such member forthwith to renew his bond, which is to be
16approved by the Governor. Any member of the Board who fails to
17take oath and give bond within 30 days from the date of his
18appointment, or who fails to renew his bond within 30 days
19after it is demanded by the Governor, shall be guilty of
20neglect of duty and may be removed by the Governor. The cost of
21any bond given by any member of the Board under this Section
22shall be taken to be a part of the necessary expenses of the
23Board.
24    (7.5) For the examination of all mechanical,
25electromechanical, or electronic table games, slot machines,
26slot accounting systems, sports wagering systems, and other

 

 

10200HB1563sam002- 35 -LRB102 03594 RPS 42610 a

1electronic gaming equipment, and the field inspection of such
2systems, games, and machines, for compliance with this Act,
3the Board shall utilize the services of independent outside
4testing laboratories that have been accredited in accordance
5with ISO/IEC 17025 by an accreditation body that is a
6signatory to the International Laboratory Accreditation
7Cooperation Mutual Recognition Agreement signifying they are
8qualified to perform such examinations. Notwithstanding any
9law to the contrary, the Board shall consider the licensing of
10independent outside testing laboratory applicants in
11accordance with procedures established by the Board by rule.
12The Board shall not withhold its approval of an independent
13outside testing laboratory license applicant that has been
14accredited as required under this paragraph (7.5) and is
15licensed in gaming jurisdictions comparable to Illinois. Upon
16the finalization of required rules, the Board shall license
17independent testing laboratories and accept the test reports
18of any licensed testing laboratory of the system's, game's, or
19machine manufacturer's choice, notwithstanding the existence
20of contracts between the Board and any independent testing
21laboratory.
22    (8) The Board shall employ such personnel as may be
23necessary to carry out its functions and shall determine the
24salaries of all personnel, except those personnel whose
25salaries are determined under the terms of a collective
26bargaining agreement. No person shall be employed to serve the

 

 

10200HB1563sam002- 36 -LRB102 03594 RPS 42610 a

1Board who is, or whose spouse, parent or child is, an official
2of, or has a financial interest in or financial relation with,
3any operator engaged in gambling operations within this State
4or any organization engaged in conducting horse racing within
5this State. For the one year immediately preceding employment,
6an employee shall not have been employed or received
7compensation or fees for services from a person or entity, or
8its parent or affiliate, that has engaged in business with the
9Board, a licensee, or a licensee under the Illinois Horse
10Racing Act of 1975. Any employee violating these prohibitions
11shall be subject to termination of employment.
12    (9) An Administrator shall perform any and all duties that
13the Board shall assign him. The salary of the Administrator
14shall be determined by the Board and, in addition, he shall be
15reimbursed for all actual and necessary expenses incurred by
16him in discharge of his official duties. The Administrator
17shall keep records of all proceedings of the Board and shall
18preserve all records, books, documents and other papers
19belonging to the Board or entrusted to its care. The
20Administrator shall devote his full time to the duties of the
21office and shall not hold any other office or employment.
22    (b) The Board shall have general responsibility for the
23implementation of this Act. Its duties include, without
24limitation, the following:
25        (1) To decide promptly and in reasonable order all
26    license applications. Any party aggrieved by an action of

 

 

10200HB1563sam002- 37 -LRB102 03594 RPS 42610 a

1    the Board denying, suspending, revoking, restricting or
2    refusing to renew a license may request a hearing before
3    the Board. A request for a hearing must be made to the
4    Board in writing within 5 days after service of notice of
5    the action of the Board. Notice of the action of the Board
6    shall be served either by personal delivery or by
7    certified mail, postage prepaid, to the aggrieved party.
8    Notice served by certified mail shall be deemed complete
9    on the business day following the date of such mailing.
10    The Board shall conduct any such hearings promptly and in
11    reasonable order;
12        (2) To conduct all hearings pertaining to civil
13    violations of this Act or rules and regulations
14    promulgated hereunder;
15        (3) To promulgate such rules and regulations as in its
16    judgment may be necessary to protect or enhance the
17    credibility and integrity of gambling operations
18    authorized by this Act and the regulatory process
19    hereunder;
20        (4) To provide for the establishment and collection of
21    all license and registration fees and taxes imposed by
22    this Act and the rules and regulations issued pursuant
23    hereto. All such fees and taxes shall be deposited into
24    the State Gaming Fund;
25        (5) To provide for the levy and collection of
26    penalties and fines for the violation of provisions of

 

 

10200HB1563sam002- 38 -LRB102 03594 RPS 42610 a

1    this Act and the rules and regulations promulgated
2    hereunder. All such fines and penalties shall be deposited
3    into the Education Assistance Fund, created by Public Act
4    86-0018, of the State of Illinois;
5        (6) To be present through its inspectors and agents
6    any time gambling operations are conducted on any
7    riverboat, in any casino, or at any organization gaming
8    facility for the purpose of certifying the revenue
9    thereof, receiving complaints from the public, and
10    conducting such other investigations into the conduct of
11    the gambling games and the maintenance of the equipment as
12    from time to time the Board may deem necessary and proper;
13        (7) To review and rule upon any complaint by a
14    licensee regarding any investigative procedures of the
15    State which are unnecessarily disruptive of gambling
16    operations. The need to inspect and investigate shall be
17    presumed at all times. The disruption of a licensee's
18    operations shall be proved by clear and convincing
19    evidence, and establish that: (A) the procedures had no
20    reasonable law enforcement purposes, and (B) the
21    procedures were so disruptive as to unreasonably inhibit
22    gambling operations;
23        (8) To hold at least one meeting each quarter of the
24    fiscal year. In addition, special meetings may be called
25    by the Chairman or any 2 Board members upon 72 hours
26    written notice to each member. All Board meetings shall be

 

 

10200HB1563sam002- 39 -LRB102 03594 RPS 42610 a

1    subject to the Open Meetings Act. Three members of the
2    Board shall constitute a quorum, and 3 votes shall be
3    required for any final determination by the Board. The
4    Board shall keep a complete and accurate record of all its
5    meetings. A majority of the members of the Board shall
6    constitute a quorum for the transaction of any business,
7    for the performance of any duty, or for the exercise of any
8    power which this Act requires the Board members to
9    transact, perform or exercise en banc, except that, upon
10    order of the Board, one of the Board members or an
11    administrative law judge designated by the Board may
12    conduct any hearing provided for under this Act or by
13    Board rule and may recommend findings and decisions to the
14    Board. The Board member or administrative law judge
15    conducting such hearing shall have all powers and rights
16    granted to the Board in this Act. The record made at the
17    time of the hearing shall be reviewed by the Board, or a
18    majority thereof, and the findings and decision of the
19    majority of the Board shall constitute the order of the
20    Board in such case;
21        (9) To maintain records which are separate and
22    distinct from the records of any other State board or
23    commission. Such records shall be available for public
24    inspection and shall accurately reflect all Board
25    proceedings;
26        (10) To file a written annual report with the Governor

 

 

10200HB1563sam002- 40 -LRB102 03594 RPS 42610 a

1    on or before July 1 each year and such additional reports
2    as the Governor may request. The annual report shall
3    include a statement of receipts and disbursements by the
4    Board, actions taken by the Board, and any additional
5    information and recommendations which the Board may deem
6    valuable or which the Governor may request;
7        (11) (Blank);
8        (12) (Blank);
9        (13) To assume responsibility for administration and
10    enforcement of the Video Gaming Act;
11        (13.1) To assume responsibility for the administration
12    and enforcement of operations at organization gaming
13    facilities pursuant to this Act and the Illinois Horse
14    Racing Act of 1975;
15        (13.2) To assume responsibility for the administration
16    and enforcement of the Sports Wagering Act; and
17        (14) To adopt, by rule, a code of conduct governing
18    Board members and employees that ensure, to the maximum
19    extent possible, that persons subject to this Code avoid
20    situations, relationships, or associations that may
21    represent or lead to a conflict of interest.
22    Internal controls and changes submitted by licensees must
23be reviewed and either approved or denied with cause within 90
24days after receipt of submission is deemed final by the
25Illinois Gaming Board. In the event an internal control
26submission or change does not meet the standards set by the

 

 

10200HB1563sam002- 41 -LRB102 03594 RPS 42610 a

1Board, staff of the Board must provide technical assistance to
2the licensee to rectify such deficiencies within 90 days after
3the initial submission and the revised submission must be
4reviewed and approved or denied with cause within 90 days
5after the date the revised submission is deemed final by the
6Board. For the purposes of this paragraph, "with cause" means
7that the approval of the submission would jeopardize the
8integrity of gaming. In the event the Board staff has not acted
9within the timeframe, the submission shall be deemed approved.
10    (c) The Board shall have jurisdiction over and shall
11supervise all gambling operations governed by this Act. The
12Board shall have all powers necessary and proper to fully and
13effectively execute the provisions of this Act, including, but
14not limited to, the following:
15        (1) To investigate applicants and determine the
16    eligibility of applicants for licenses and to select among
17    competing applicants the applicants which best serve the
18    interests of the citizens of Illinois.
19        (2) To have jurisdiction and supervision over all
20    riverboat gambling operations authorized under this Act
21    and all persons in places where gambling operations are
22    conducted.
23        (3) To promulgate rules and regulations for the
24    purpose of administering the provisions of this Act and to
25    prescribe rules, regulations and conditions under which
26    all gambling operations subject to this Act shall be

 

 

10200HB1563sam002- 42 -LRB102 03594 RPS 42610 a

1    conducted. Such rules and regulations are to provide for
2    the prevention of practices detrimental to the public
3    interest and for the best interests of riverboat gambling,
4    including rules and regulations regarding the inspection
5    of organization gaming facilities, casinos, and
6    riverboats, and the review of any permits or licenses
7    necessary to operate a riverboat, casino, or organization
8    gaming facility under any laws or regulations applicable
9    to riverboats, casinos, or organization gaming facilities
10    and to impose penalties for violations thereof.
11        (4) To enter the office, riverboats, casinos,
12    organization gaming facilities, and other facilities, or
13    other places of business of a licensee, where evidence of
14    the compliance or noncompliance with the provisions of
15    this Act is likely to be found.
16        (5) To investigate alleged violations of this Act or
17    the rules of the Board and to take appropriate
18    disciplinary action against a licensee or a holder of an
19    occupational license for a violation, or institute
20    appropriate legal action for enforcement, or both.
21        (6) To adopt standards for the licensing of all
22    persons and entities under this Act, as well as for
23    electronic or mechanical gambling games, and to establish
24    fees for such licenses.
25        (7) To adopt appropriate standards for all
26    organization gaming facilities, riverboats, casinos, and

 

 

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1    other facilities authorized under this Act.
2        (8) To require that the records, including financial
3    or other statements of any licensee under this Act, shall
4    be kept in such manner as prescribed by the Board and that
5    any such licensee involved in the ownership or management
6    of gambling operations submit to the Board an annual
7    balance sheet and profit and loss statement, list of the
8    stockholders or other persons having a 1% or greater
9    beneficial interest in the gambling activities of each
10    licensee, and any other information the Board deems
11    necessary in order to effectively administer this Act and
12    all rules, regulations, orders and final decisions
13    promulgated under this Act.
14        (9) To conduct hearings, issue subpoenas for the
15    attendance of witnesses and subpoenas duces tecum for the
16    production of books, records and other pertinent documents
17    in accordance with the Illinois Administrative Procedure
18    Act, and to administer oaths and affirmations to the
19    witnesses, when, in the judgment of the Board, it is
20    necessary to administer or enforce this Act or the Board
21    rules.
22        (10) To prescribe a form to be used by any licensee
23    involved in the ownership or management of gambling
24    operations as an application for employment for their
25    employees.
26        (11) To revoke or suspend licenses, as the Board may

 

 

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1    see fit and in compliance with applicable laws of the
2    State regarding administrative procedures, and to review
3    applications for the renewal of licenses. The Board may
4    suspend an owners license or an organization gaming
5    license without notice or hearing upon a determination
6    that the safety or health of patrons or employees is
7    jeopardized by continuing a gambling operation conducted
8    under that license. The suspension may remain in effect
9    until the Board determines that the cause for suspension
10    has been abated. The Board may revoke an owners license or
11    organization gaming license upon a determination that the
12    licensee has not made satisfactory progress toward abating
13    the hazard.
14        (12) To eject or exclude or authorize the ejection or
15    exclusion of, any person from gambling facilities where
16    that person is in violation of this Act, rules and
17    regulations thereunder, or final orders of the Board, or
18    where such person's conduct or reputation is such that his
19    or her presence within the gambling facilities may, in the
20    opinion of the Board, call into question the honesty and
21    integrity of the gambling operations or interfere with the
22    orderly conduct thereof; provided that the propriety of
23    such ejection or exclusion is subject to subsequent
24    hearing by the Board.
25        (13) To require all licensees of gambling operations
26    to utilize a cashless wagering system whereby all players'

 

 

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1    money is converted to tokens, electronic cards, or chips
2    which shall be used only for wagering in the gambling
3    establishment.
4        (14) (Blank).
5        (15) To suspend, revoke or restrict licenses, to
6    require the removal of a licensee or an employee of a
7    licensee for a violation of this Act or a Board rule or for
8    engaging in a fraudulent practice, and to impose civil
9    penalties of up to $5,000 against individuals and up to
10    $10,000 or an amount equal to the daily gross receipts,
11    whichever is larger, against licensees for each violation
12    of any provision of the Act, any rules adopted by the
13    Board, any order of the Board or any other action which, in
14    the Board's discretion, is a detriment or impediment to
15    gambling operations.
16        (16) To hire employees to gather information, conduct
17    investigations and carry out any other tasks contemplated
18    under this Act.
19        (17) To establish minimum levels of insurance to be
20    maintained by licensees.
21        (18) To authorize a licensee to sell or serve
22    alcoholic liquors, wine or beer as defined in the Liquor
23    Control Act of 1934 on board a riverboat or in a casino and
24    to have exclusive authority to establish the hours for
25    sale and consumption of alcoholic liquor on board a
26    riverboat or in a casino, notwithstanding any provision of

 

 

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1    the Liquor Control Act of 1934 or any local ordinance, and
2    regardless of whether the riverboat makes excursions. The
3    establishment of the hours for sale and consumption of
4    alcoholic liquor on board a riverboat or in a casino is an
5    exclusive power and function of the State. A home rule
6    unit may not establish the hours for sale and consumption
7    of alcoholic liquor on board a riverboat or in a casino.
8    This subdivision (18) is a denial and limitation of home
9    rule powers and functions under subsection (h) of Section
10    6 of Article VII of the Illinois Constitution.
11        (19) After consultation with the U.S. Army Corps of
12    Engineers, to establish binding emergency orders upon the
13    concurrence of a majority of the members of the Board
14    regarding the navigability of water, relative to
15    excursions, in the event of extreme weather conditions,
16    acts of God or other extreme circumstances.
17        (20) To delegate the execution of any of its powers
18    under this Act for the purpose of administering and
19    enforcing this Act and the rules adopted by the Board.
20        (20.5) To approve any contract entered into on its
21    behalf.
22        (20.6) To appoint investigators to conduct
23    investigations, searches, seizures, arrests, and other
24    duties imposed under this Act, as deemed necessary by the
25    Board. These investigators have and may exercise all of
26    the rights and powers of peace officers, provided that

 

 

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1    these powers shall be limited to offenses or violations
2    occurring or committed in a casino, in an organization
3    gaming facility, or on a riverboat or dock, as defined in
4    subsections (d) and (f) of Section 4, or as otherwise
5    provided by this Act or any other law.
6        (20.7) To contract with the Illinois State Police for
7    the use of trained and qualified State police officers and
8    with the Department of Revenue for the use of trained and
9    qualified Department of Revenue investigators to conduct
10    investigations, searches, seizures, arrests, and other
11    duties imposed under this Act and to exercise all of the
12    rights and powers of peace officers, provided that the
13    powers of Department of Revenue investigators under this
14    subdivision (20.7) shall be limited to offenses or
15    violations occurring or committed in a casino, in an
16    organization gaming facility, or on a riverboat or dock,
17    as defined in subsections (d) and (f) of Section 4, or as
18    otherwise provided by this Act or any other law. In the
19    event the Illinois State Police or the Department of
20    Revenue is unable to fill contracted police or
21    investigative positions, the Board may appoint
22    investigators to fill those positions pursuant to
23    subdivision (20.6).
24        (21) To adopt rules concerning the conduct of gaming
25    pursuant to an organization gaming license issued under
26    this Act.

 

 

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1        (22) To have the same jurisdiction and supervision
2    over casinos and organization gaming facilities as the
3    Board has over riverboats, including, but not limited to,
4    the power to (i) investigate, review, and approve
5    contracts as that power is applied to riverboats, (ii)
6    adopt rules for administering the provisions of this Act,
7    (iii) adopt standards for the licensing of all persons
8    involved with a casino or organization gaming facility,
9    (iv) investigate alleged violations of this Act by any
10    person involved with a casino or organization gaming
11    facility, and (v) require that records, including
12    financial or other statements of any casino or
13    organization gaming facility, shall be kept in such manner
14    as prescribed by the Board.
15        (23) To take any other action as may be reasonable or
16    appropriate to enforce this Act and the rules adopted by
17    the Board.
18    (d) The Board may seek and shall receive the cooperation
19of the Illinois State Police in conducting background
20investigations of applicants and in fulfilling its
21responsibilities under this Section. Costs incurred by the
22Illinois State Police as a result of such cooperation shall be
23paid by the Board in conformance with the requirements of
24Section 2605-400 of the Illinois State Police Law.
25    (e) The Board must authorize to each investigator and to
26any other employee of the Board exercising the powers of a

 

 

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1peace officer a distinct badge that, on its face, (i) clearly
2states that the badge is authorized by the Board and (ii)
3contains a unique identifying number. No other badge shall be
4authorized by the Board.
5(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
 
6    Section 105. The Environmental Justice Act is amended by
7changing Section 10 as follows:
 
8    (415 ILCS 155/10)
9    Sec. 10. Commission on Environmental Justice.
10    (a) The Commission on Environmental Justice is established
11and consists of the following 24 voting members:
12        (1) 2 members of the Senate, one appointed by the
13    President of the Senate and the other by the Minority
14    Leader of the Senate, each to serve at the pleasure of the
15    appointing officer;
16        (2) 2 members of the House of Representatives, one
17    appointed by the Speaker of the House of Representatives
18    and the other by the Minority Leader of the House of
19    Representatives, each to serve at the pleasure of the
20    appointing officer;
21        (3) the following ex officio members: the Director of
22    Commerce and Economic Opportunity or his or her designee,
23    the Director of the Environmental Protection Agency or his
24    or her designee, the Director of Natural Resources or his

 

 

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1    or her designee, the Director of Public Health or his or
2    her designee, the Secretary of Transportation or his or
3    her designee, and a representative of the housing office
4    of the Department of Human Services appointed by the
5    Secretary of Human Services; and
6        (4) 14 members appointed by the Governor who represent
7    the following interests:
8            (i) at least 4 members of affected communities
9        concerned with environmental justice;
10            (ii) at least 2 members of business organizations
11        including one member representing a statewide
12        organization representing manufacturers and one member
13        representing an organization representing the energy
14        sector;
15            (iii) environmental organizations;
16            (iv) experts on environmental health and
17        environmental justice;
18            (v) units of local government;
19            (vi) members of the general public who have an
20        interest or expertise in environmental justice; and
21            (vii) at least 2 members of labor organizations
22        including one member from a statewide labor federation
23        representing more than one international union and one
24        member from an organization representing workers in
25        the energy sector.
26        (b) Of the initial members of the Commission appointed

 

 

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1    by the Governor, 5 shall serve for a 2-year term and 5
2    shall serve for a 1-year term, as designated by the
3    Governor at the time of appointment. The Thereafter, the
4    members appointed by the Governor for terms beginning
5    before the effective date of this amendatory Act of the
6    102nd General Assembly shall serve 2-year terms. Members
7    appointed by the Governor for terms beginning on or after
8    the effective date of this amendatory Act of the 102nd
9    General Assembly shall serve 4-year terms. Vacancies shall
10    be filled in the same manner as appointments. Members of
11    the Commission appointed by the Governor may not receive
12    compensation for their service on the Commission and are
13    not entitled to reimbursement for expenses.
14    (c) The Governor shall designate a Chairperson from among
15the Commission's members. The Commission shall meet at the
16call of the Chairperson, but no later than 90 days after the
17effective date of this Act and at least quarterly thereafter.
18    (d) The Commission shall:
19        (1) advise State entities on environmental justice and
20    related community issues;
21        (2) review and analyze the impact of current State
22    laws and policies on the issue of environmental justice
23    and sustainable communities;
24        (3) assess the adequacy of State and local laws to
25    address the issue of environmental justice and sustainable
26    communities;

 

 

10200HB1563sam002- 52 -LRB102 03594 RPS 42610 a

1        (4) develop criteria to assess whether communities in
2    the State may be experiencing environmental justice
3    issues; and
4        (5) recommend options to the Governor for addressing
5    issues, concerns, or problems related to environmental
6    justice that surface after reviewing State laws and
7    policies, including prioritizing areas of the State that
8    need immediate attention.
9    (e) On or before October 1, 2011 and each October 1
10thereafter, the Commission shall report its findings and
11recommendations to the Governor and General Assembly.
12    (f) The Environmental Protection Agency shall provide
13administrative and other support to the Commission.
14(Source: P.A. 99-541, eff. 1-1-17.)
 
15    Section 110. The Firearm Owners Identification Card Act is
16amended by changing Section 10 as follows:
 
17    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
18    Sec. 10. Appeals; hearing; relief from firearm
19prohibitions.
20    (a) Whenever an application for a Firearm Owner's
21Identification Card is denied or whenever such a Card is
22revoked or seized as provided for in Section 8 of this Act, the
23aggrieved party may (1) file a record challenge with the
24Director regarding the record upon which the decision to deny

 

 

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1or revoke the Firearm Owner's Identification Card was based
2under subsection (a-5); or (2) appeal to the Director of the
3Illinois State Police through December 31, 2022, or beginning
4January 1, 2023, the Firearm Owner's Identification Card
5Review Board for a hearing seeking relief from such denial or
6revocation unless the denial or revocation was based upon a
7forcible felony, stalking, aggravated stalking, domestic
8battery, any violation of the Illinois Controlled Substances
9Act, the Methamphetamine Control and Community Protection Act,
10or the Cannabis Control Act that is classified as a Class 2 or
11greater felony, any felony violation of Article 24 of the
12Criminal Code of 1961 or the Criminal Code of 2012, or any
13adjudication as a delinquent minor for the commission of an
14offense that if committed by an adult would be a felony, in
15which case the aggrieved party may petition the circuit court
16in writing in the county of his or her residence for a hearing
17seeking relief from such denial or revocation.
18    (a-5) There is created a Firearm Owner's Identification
19Card Review Board to consider any appeal under subsection (a)
20beginning January 1, 2023, other than an appeal directed to
21the circuit court and except when the applicant is challenging
22the record upon which the decision to deny or revoke was based
23as provided in subsection (a-10).
24        (0.05) In furtherance of the policy of this Act that
25    the Board shall exercise its powers and duties in an
26    independent manner, subject to the provisions of this Act

 

 

10200HB1563sam002- 54 -LRB102 03594 RPS 42610 a

1    but free from the direction, control, or influence of any
2    other agency or department of State government. All
3    expenses and liabilities incurred by the Board in the
4    performance of its responsibilities hereunder shall be
5    paid from funds which shall be appropriated to the Board
6    by the General Assembly for the ordinary and contingent
7    expenses of the Board.
8        (1) The Board shall consist of 7 members appointed by
9    the Governor, with the advice and consent of the Senate,
10    with 3 members residing within the First Judicial District
11    and one member residing within each of the 4 remaining
12    Judicial Districts. No more than 4 members shall be
13    members of the same political party. The Governor shall
14    designate one member as the chairperson. The members shall
15    have actual experience in law, education, social work,
16    behavioral sciences, law enforcement, or community affairs
17    or in a combination of those areas. The Board shall
18    consist of:
19            (A) one member with at least 5 years of service as
20        a federal or State judge;
21            (B) one member with at least 5 years of experience
22        serving as an attorney with the United States
23        Department of Justice, or as a State's Attorney or
24        Assistant State's Attorney;
25            (C) one member with at least 5 years of experience
26        serving as a State or federal public defender or

 

 

10200HB1563sam002- 55 -LRB102 03594 RPS 42610 a

1        assistant public defender;
2            (D) three members with at least 5 years of
3        experience as a federal, State, or local law
4        enforcement agent or as an employee with investigative
5        experience or duties related to criminal justice under
6        the United States Department of Justice, Drug
7        Enforcement Administration, Department of Homeland
8        Security, Federal Bureau of Investigation, or a State
9        or local law enforcement agency; and
10            (E) one member with at least 5 years of experience
11        as a licensed physician or clinical psychologist with
12        expertise in the diagnosis and treatment of mental
13        illness.
14        (2) The terms of the members initially appointed after
15    January 1, 2022 (the effective date of Public Act 102-237)
16    shall be as follows: one of the initial members shall be
17    appointed for a term of one year, 3 shall be appointed for
18    terms of 2 years, and 3 shall be appointed for terms of 4
19    years. Thereafter, members shall hold office for 4 years,
20    with terms expiring on the second Monday in January
21    immediately following the expiration of their terms and
22    every 4 years thereafter. Members may be reappointed.
23    Vacancies in the office of member shall be filled in the
24    same manner as the original appointment, for the remainder
25    of the unexpired term. The Governor may remove a member
26    for incompetence, neglect of duty, malfeasance, or

 

 

10200HB1563sam002- 56 -LRB102 03594 RPS 42610 a

1    inability to serve. Members shall receive compensation in
2    an amount equal to the compensation of members of the
3    Executive Ethics Commission and may be reimbursed, from
4    funds appropriated for such a purpose, for reasonable
5    expenses actually incurred in the performance of their
6    Board duties. The Illinois State Police shall designate an
7    employee to serve as Executive Director of the Board and
8    provide logistical and administrative assistance to the
9    Board.
10        (3) The Board shall meet at least quarterly each year
11    and at the call of the chairperson as often as necessary to
12    consider appeals of decisions made with respect to
13    applications for a Firearm Owner's Identification Card
14    under this Act. If necessary to ensure the participation
15    of a member, the Board shall allow a member to participate
16    in a Board meeting by electronic communication. Any member
17    participating electronically shall be deemed present for
18    purposes of establishing a quorum and voting.
19        (4) The Board shall adopt rules for the review of
20    appeals and the conduct of hearings. The Board shall
21    maintain a record of its decisions and all materials
22    considered in making its decisions. All Board decisions
23    and voting records shall be kept confidential and all
24    materials considered by the Board shall be exempt from
25    inspection except upon order of a court.
26        (5) In considering an appeal, the Board shall review

 

 

10200HB1563sam002- 57 -LRB102 03594 RPS 42610 a

1    the materials received concerning the denial or revocation
2    by the Illinois State Police. By a vote of at least 4
3    members, the Board may request additional information from
4    the Illinois State Police or the applicant or the
5    testimony of the Illinois State Police or the applicant.
6    The Board may require that the applicant submit electronic
7    fingerprints to the Illinois State Police for an updated
8    background check if the Board determines it lacks
9    sufficient information to determine eligibility. The Board
10    may consider information submitted by the Illinois State
11    Police, a law enforcement agency, or the applicant. The
12    Board shall review each denial or revocation and determine
13    by a majority of members whether an applicant should be
14    granted relief under subsection (c).
15        (6) The Board shall by order issue summary decisions.
16    The Board shall issue a decision within 45 days of
17    receiving all completed appeal documents from the Illinois
18    State Police and the applicant. However, the Board need
19    not issue a decision within 45 days if:
20            (A) the Board requests information from the
21        applicant, including, but not limited to, electronic
22        fingerprints to be submitted to the Illinois State
23        Police, in accordance with paragraph (5) of this
24        subsection, in which case the Board shall make a
25        decision within 30 days of receipt of the required
26        information from the applicant;

 

 

10200HB1563sam002- 58 -LRB102 03594 RPS 42610 a

1            (B) the applicant agrees, in writing, to allow the
2        Board additional time to consider an appeal; or
3            (C) the Board notifies the applicant and the
4        Illinois State Police that the Board needs an
5        additional 30 days to issue a decision. The Board may
6        only issue 2 extensions under this subparagraph (C).
7        The Board's notification to the applicant and the
8        Illinois State Police shall include an explanation for
9        the extension.
10        (7) If the Board determines that the applicant is
11    eligible for relief under subsection (c), the Board shall
12    notify the applicant and the Illinois State Police that
13    relief has been granted and the Illinois State Police
14    shall issue the Card.
15        (8) Meetings of the Board shall not be subject to the
16    Open Meetings Act and records of the Board shall not be
17    subject to the Freedom of Information Act.
18        (9) The Board shall report monthly to the Governor and
19    the General Assembly on the number of appeals received and
20    provide details of the circumstances in which the Board
21    has determined to deny Firearm Owner's Identification
22    Cards under this subsection (a-5). The report shall not
23    contain any identifying information about the applicants.
24    (a-10) Whenever an applicant or cardholder is not seeking
25relief from a firearms prohibition under subsection (c) but
26rather does not believe the applicant is appropriately denied

 

 

10200HB1563sam002- 59 -LRB102 03594 RPS 42610 a

1or revoked and is challenging the record upon which the
2decision to deny or revoke the Firearm Owner's Identification
3Card was based, or whenever the Illinois State Police fails to
4act on an application within 30 days of its receipt, the
5applicant shall file such challenge with the Director. The
6Director shall render a decision within 60 business days of
7receipt of all information supporting the challenge. The
8Illinois State Police shall adopt rules for the review of a
9record challenge.
10    (b) At least 30 days before any hearing in the circuit
11court, the petitioner shall serve the relevant State's
12Attorney with a copy of the petition. The State's Attorney may
13object to the petition and present evidence. At the hearing,
14the court shall determine whether substantial justice has been
15done. Should the court determine that substantial justice has
16not been done, the court shall issue an order directing the
17Illinois State Police to issue a Card. However, the court
18shall not issue the order if the petitioner is otherwise
19prohibited from obtaining, possessing, or using a firearm
20under federal law.
21    (c) Any person prohibited from possessing a firearm under
22Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
23acquiring a Firearm Owner's Identification Card under Section
248 of this Act may apply to the Firearm Owner's Identification
25Card Review Board or petition the circuit court in the county
26where the petitioner resides, whichever is applicable in

 

 

10200HB1563sam002- 60 -LRB102 03594 RPS 42610 a

1accordance with subsection (a) of this Section, requesting
2relief from such prohibition and the Board or court may grant
3such relief if it is established by the applicant to the
4court's or the Board's satisfaction that:
5        (0.05) when in the circuit court, the State's Attorney
6    has been served with a written copy of the petition at
7    least 30 days before any such hearing in the circuit court
8    and at the hearing the State's Attorney was afforded an
9    opportunity to present evidence and object to the
10    petition;
11        (1) the applicant has not been convicted of a forcible
12    felony under the laws of this State or any other
13    jurisdiction within 20 years of the applicant's
14    application for a Firearm Owner's Identification Card, or
15    at least 20 years have passed since the end of any period
16    of imprisonment imposed in relation to that conviction;
17        (2) the circumstances regarding a criminal conviction,
18    where applicable, the applicant's criminal history and his
19    reputation are such that the applicant will not be likely
20    to act in a manner dangerous to public safety;
21        (3) granting relief would not be contrary to the
22    public interest; and
23        (4) granting relief would not be contrary to federal
24    law.
25    (c-5) (1) An active law enforcement officer employed by a
26unit of government or a Department of Corrections employee

 

 

10200HB1563sam002- 61 -LRB102 03594 RPS 42610 a

1authorized to possess firearms who is denied, revoked, or has
2his or her Firearm Owner's Identification Card seized under
3subsection (e) of Section 8 of this Act may apply to the
4Firearm Owner's Identification Card Review Board requesting
5relief if the officer or employee did not act in a manner
6threatening to the officer or employee, another person, or the
7public as determined by the treating clinical psychologist or
8physician, and as a result of his or her work is referred by
9the employer for or voluntarily seeks mental health evaluation
10or treatment by a licensed clinical psychologist,
11psychiatrist, or qualified examiner, and:
12        (A) the officer or employee has not received treatment
13    involuntarily at a mental health facility, regardless of
14    the length of admission; or has not been voluntarily
15    admitted to a mental health facility for more than 30 days
16    and not for more than one incident within the past 5 years;
17    and
18        (B) the officer or employee has not left the mental
19    institution against medical advice.
20    (2) The Firearm Owner's Identification Card Review Board
21shall grant expedited relief to active law enforcement
22officers and employees described in paragraph (1) of this
23subsection (c-5) upon a determination by the Board that the
24officer's or employee's possession of a firearm does not
25present a threat to themselves, others, or public safety. The
26Board shall act on the request for relief within 30 business

 

 

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1days of receipt of:
2        (A) a notarized statement from the officer or employee
3    in the form prescribed by the Board detailing the
4    circumstances that led to the hospitalization;
5        (B) all documentation regarding the admission,
6    evaluation, treatment and discharge from the treating
7    licensed clinical psychologist or psychiatrist of the
8    officer;
9        (C) a psychological fitness for duty evaluation of the
10    person completed after the time of discharge; and
11        (D) written confirmation in the form prescribed by the
12    Board from the treating licensed clinical psychologist or
13    psychiatrist that the provisions set forth in paragraph
14    (1) of this subsection (c-5) have been met, the person
15    successfully completed treatment, and their professional
16    opinion regarding the person's ability to possess
17    firearms.
18    (3) Officers and employees eligible for the expedited
19relief in paragraph (2) of this subsection (c-5) have the
20burden of proof on eligibility and must provide all
21information required. The Board may not consider granting
22expedited relief until the proof and information is received.
23    (4) "Clinical psychologist", "psychiatrist", and
24"qualified examiner" shall have the same meaning as provided
25in Chapter I of the Mental Health and Developmental
26Disabilities Code.

 

 

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1    (c-10) (1) An applicant, who is denied, revoked, or has
2his or her Firearm Owner's Identification Card seized under
3subsection (e) of Section 8 of this Act based upon a
4determination of a developmental disability or an intellectual
5disability may apply to the Firearm Owner's Identification
6Card Review Board requesting relief.
7    (2) The Board shall act on the request for relief within 60
8business days of receipt of written certification, in the form
9prescribed by the Board, from a physician or clinical
10psychologist, or qualified examiner, that the aggrieved
11party's developmental disability or intellectual disability
12condition is determined by a physician, clinical psychologist,
13or qualified to be mild. If a fact-finding conference is
14scheduled to obtain additional information concerning the
15circumstances of the denial or revocation, the 60 business
16days the Director has to act shall be tolled until the
17completion of the fact-finding conference.
18    (3) The Board may grant relief if the aggrieved party's
19developmental disability or intellectual disability is mild as
20determined by a physician, clinical psychologist, or qualified
21examiner and it is established by the applicant to the Board's
22satisfaction that:
23        (A) granting relief would not be contrary to the
24    public interest; and
25        (B) granting relief would not be contrary to federal
26    law.

 

 

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1    (4) The Board may not grant relief if the condition is
2determined by a physician, clinical psychologist, or qualified
3examiner to be moderate, severe, or profound.
4    (5) The changes made to this Section by Public Act 99-29
5apply to requests for relief pending on or before July 10, 2015
6(the effective date of Public Act 99-29), except that the
760-day period for the Director to act on requests pending
8before the effective date shall begin on July 10, 2015 (the
9effective date of Public Act 99-29). All appeals as provided
10in subsection (a-5) pending on January 1, 2023 shall be
11considered by the Board.
12    (d) When a minor is adjudicated delinquent for an offense
13which if committed by an adult would be a felony, the court
14shall notify the Illinois State Police.
15    (e) The court shall review the denial of an application or
16the revocation of a Firearm Owner's Identification Card of a
17person who has been adjudicated delinquent for an offense that
18if committed by an adult would be a felony if an application
19for relief has been filed at least 10 years after the
20adjudication of delinquency and the court determines that the
21applicant should be granted relief from disability to obtain a
22Firearm Owner's Identification Card. If the court grants
23relief, the court shall notify the Illinois State Police that
24the disability has been removed and that the applicant is
25eligible to obtain a Firearm Owner's Identification Card.
26    (f) Any person who is subject to the disabilities of 18

 

 

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1U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
2of 1968 because of an adjudication or commitment that occurred
3under the laws of this State or who was determined to be
4subject to the provisions of subsections (e), (f), or (g) of
5Section 8 of this Act may apply to the Illinois State Police
6requesting relief from that prohibition. The Board shall grant
7the relief if it is established by a preponderance of the
8evidence that the person will not be likely to act in a manner
9dangerous to public safety and that granting relief would not
10be contrary to the public interest. In making this
11determination, the Board shall receive evidence concerning (i)
12the circumstances regarding the firearms disabilities from
13which relief is sought; (ii) the petitioner's mental health
14and criminal history records, if any; (iii) the petitioner's
15reputation, developed at a minimum through character witness
16statements, testimony, or other character evidence; and (iv)
17changes in the petitioner's condition or circumstances since
18the disqualifying events relevant to the relief sought. If
19relief is granted under this subsection or by order of a court
20under this Section, the Director shall as soon as practicable
21but in no case later than 15 business days, update, correct,
22modify, or remove the person's record in any database that the
23Illinois State Police makes available to the National Instant
24Criminal Background Check System and notify the United States
25Attorney General that the basis for the record being made
26available no longer applies. The Illinois State Police shall

 

 

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1adopt rules for the administration of this Section.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
4    Section 115. The Firearm Concealed Carry Act is amended by
5changing Section 20 as follows:
 
6    (430 ILCS 66/20)
7    Sec. 20. Concealed Carry Licensing Review Board.
8    (a) There is hereby created within the Illinois State
9Police a Concealed Carry Licensing Review Board to consider
10any objection to an applicant's eligibility to obtain a
11license under this Act submitted by a law enforcement agency
12or the Illinois State Police under Section 15 of this Act. The
13Board shall consist of 7 commissioners to be appointed by the
14Governor, with the advice and consent of the Senate, with 3
15commissioners residing within the First Judicial District and
16one commissioner residing within each of the 4 remaining
17Judicial Districts. No more than 4 commissioners shall be
18members of the same political party. The Governor shall
19designate one commissioner as the Chairperson. The members
20shall have actual experience in law, education, social work,
21behavioral sciences, law enforcement, or community affairs or
22in a combination of those areas. The Board shall consist of:
23        (1) one commissioner with at least 5 years of service
24    as a federal judge;

 

 

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1        (2) 2 commissioners with at least 5 years of
2    experience serving as an attorney with the United States
3    Department of Justice;
4        (3) 3 commissioners with at least 5 years of
5    experience as a federal agent or employee with
6    investigative experience or duties related to criminal
7    justice under the United States Department of Justice,
8    Drug Enforcement Administration, Department of Homeland
9    Security, or Federal Bureau of Investigation; and
10        (4) one member with at least 5 years of experience as a
11    licensed physician or clinical psychologist with expertise
12    in the diagnosis and treatment of mental illness.
13    (b) The initial terms of the commissioners shall end on
14January 12, 2015. Notwithstanding any provision in this
15Section to the contrary, the term of office of each
16commissioner of the Concealed Carry Licensing Review Board is
17abolished on January 1, 2022 (the effective date of Public Act
18102-237). The terms of the commissioners appointed on or after
19January 1, 2022 (the effective date of Public Act 102-237)
20shall be as follows: one of the initial members shall be
21appointed for a term of one year, 3 shall be appointed for
22terms of 2 years, and 3 shall be appointed for terms of 4
23years. Thereafter, the commissioners shall hold office for 4
24years, with terms expiring on the second Monday in January of
25the fourth year. Commissioners may be reappointed. Vacancies
26in the office of commissioner shall be filled in the same

 

 

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1manner as the original appointment, for the remainder of the
2unexpired term. The Governor may remove a commissioner for
3incompetence, neglect of duty, malfeasance, or inability to
4serve. Commissioners shall receive compensation in an amount
5equal to the compensation of members of the Executive Ethics
6Commission and may be reimbursed for reasonable expenses
7actually incurred in the performance of their Board duties,
8from funds appropriated for that purpose.
9    (c) The Board shall meet at the call of the chairperson as
10often as necessary to consider objections to applications for
11a license under this Act. If necessary to ensure the
12participation of a commissioner, the Board shall allow a
13commissioner to participate in a Board meeting by electronic
14communication. Any commissioner participating electronically
15shall be deemed present for purposes of establishing a quorum
16and voting.
17    (d) The Board shall adopt rules for the review of
18objections and the conduct of hearings. The Board shall
19maintain a record of its decisions and all materials
20considered in making its decisions. All Board decisions and
21voting records shall be kept confidential and all materials
22considered by the Board shall be exempt from inspection except
23upon order of a court.
24    (e) In considering an objection of a law enforcement
25agency or the Illinois State Police, the Board shall review
26the materials received with the objection from the law

 

 

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1enforcement agency or the Illinois State Police. By a vote of
2at least 4 commissioners, the Board may request additional
3information from the law enforcement agency, Illinois State
4Police, or the applicant, or the testimony of the law
5enforcement agency, Illinois State Police, or the applicant.
6The Board may require that the applicant submit electronic
7fingerprints to the Illinois State Police for an updated
8background check where the Board determines it lacks
9sufficient information to determine eligibility. The Board may
10only consider information submitted by the Illinois State
11Police, a law enforcement agency, or the applicant. The Board
12shall review each objection and determine by a majority of
13commissioners whether an applicant is eligible for a license.
14    (f) The Board shall issue a decision within 30 days of
15receipt of the objection from the Illinois State Police.
16However, the Board need not issue a decision within 30 days if:
17        (1) the Board requests information from the applicant,
18    including but not limited to electronic fingerprints to be
19    submitted to the Illinois State Police, in accordance with
20    subsection (e) of this Section, in which case the Board
21    shall make a decision within 30 days of receipt of the
22    required information from the applicant;
23        (2) the applicant agrees, in writing, to allow the
24    Board additional time to consider an objection; or
25        (3) the Board notifies the applicant and the Illinois
26    State Police that the Board needs an additional 30 days to

 

 

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1    issue a decision.
2    (g) If the Board determines by a preponderance of the
3evidence that the applicant poses a danger to himself or
4herself or others, or is a threat to public safety, then the
5Board shall affirm the objection of the law enforcement agency
6or the Illinois State Police and shall notify the Illinois
7State Police that the applicant is ineligible for a license.
8If the Board does not determine by a preponderance of the
9evidence that the applicant poses a danger to himself or
10herself or others, or is a threat to public safety, then the
11Board shall notify the Illinois State Police that the
12applicant is eligible for a license.
13    (h) Meetings of the Board shall not be subject to the Open
14Meetings Act and records of the Board shall not be subject to
15the Freedom of Information Act.
16    (i) The Board shall report monthly to the Governor and the
17General Assembly on the number of objections received and
18provide details of the circumstances in which the Board has
19determined to deny licensure based on law enforcement or
20Illinois State Police objections under Section 15 of this Act.
21The report shall not contain any identifying information about
22the applicants.
23(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
24102-813, eff. 5-13-22.)
 
25    (615 ILCS 60/Act rep.)

 

 

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1    Section 120. The Des Plaines and Illinois Rivers Act is
2repealed.
 
3    Section 125. The Illinois Human Rights Act is amended by
4changing Section 8-101 as follows:
 
5    (775 ILCS 5/8-101)  (from Ch. 68, par. 8-101)
6    Sec. 8-101. Illinois Human Rights Commission.
7    (A) Creation; appointments. The Human Rights Commission is
8created to consist of 7 members appointed by the Governor with
9the advice and consent of the Senate. No more than 4 members
10shall be of the same political party. The Governor shall
11designate one member as chairperson. All appointments shall be
12in writing and filed with the Secretary of State as a public
13record.
14    (B) Terms. Of the members first appointed, 4 shall be
15appointed for a term to expire on the third Monday of January,
162021, and 3 (including the Chairperson) shall be appointed for
17a term to expire on the third Monday of January, 2023.
18    Notwithstanding any provision of this Section to the
19contrary, the term of office of each member of the Illinois
20Human Rights Commission is abolished on January 19, 2019.
21Incumbent members holding a position on the Commission that
22was created by Public Act 84-115 and whose terms, if not for
23this amendatory Act of the 100th General Assembly, would have
24expired January 18, 2021 shall continue to exercise all of the

 

 

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1powers and be subject to all of the duties of members of the
2Commission until June 30, 2019 or until their respective
3successors are appointed and qualified, whichever is earlier.
4    Thereafter, each member shall serve for a term of 4 years
5and until his or her successor is appointed and qualified;
6except that any member chosen to fill a vacancy occurring
7otherwise than by expiration of a term shall be appointed only
8for the unexpired term of the member whom he or she shall
9succeed and until his or her successor is appointed and
10qualified.
11    (C) Vacancies.
12        (1) In the case of vacancies on the Commission during
13    a recess of the Senate, the Governor shall make a
14    temporary appointment until the next meeting of the Senate
15    when he or she shall appoint a person to fill the vacancy.
16    Any person so nominated and confirmed by the Senate shall
17    hold office for the remainder of the term and until his or
18    her successor is appointed and qualified.
19        (2) If the Senate is not in session at the time this
20    Act takes effect, the Governor shall make temporary
21    appointments to the Commission as in the case of
22    vacancies.
23        (3) Vacancies in the Commission shall not impair the
24    right of the remaining members to exercise all the powers
25    of the Commission. Except when authorized by this Act to
26    proceed through a 3 member panel, a majority of the

 

 

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1    members of the Commission then in office shall constitute
2    a quorum.
3    (D) Compensation. On and after January 19, 2019, the
4Chairperson of the Commission shall be compensated at the rate
5of $125,000 per year, or as set by the Compensation Review
6Board, whichever is greater, during his or her service as
7Chairperson, and each other member shall be compensated at the
8rate of $119,000 per year, or as set by the Compensation Review
9Board, whichever is greater. In addition, all members of the
10Commission shall be reimbursed for expenses actually and
11necessarily incurred by them in the performance of their
12duties.
13    (E) Notwithstanding the general supervisory authority of
14the Chairperson, each commissioner, unless appointed to the
15special temporary panel created under subsection (H), has the
16authority to hire and supervise a staff attorney. The staff
17attorney shall report directly to the individual commissioner.
18    (F) A formal training program for newly appointed
19commissioners shall be implemented. The training program shall
20include the following:
21        (1) substantive and procedural aspects of the office
22    of commissioner;
23        (2) current issues in employment and housing
24    discrimination and public accommodation law and practice;
25        (3) orientation to each operational unit of the Human
26    Rights Commission;

 

 

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1        (4) observation of experienced hearing officers and
2    commissioners conducting hearings of cases, combined with
3    the opportunity to discuss evidence presented and rulings
4    made;
5        (5) the use of hypothetical cases requiring the newly
6    appointed commissioner to issue judgments as a means of
7    evaluating knowledge and writing ability;
8        (6) writing skills; and
9        (7) professional and ethical standards.
10    A formal and ongoing professional development program
11including, but not limited to, the above-noted areas shall be
12implemented to keep commissioners informed of recent
13developments and issues and to assist them in maintaining and
14enhancing their professional competence. Each commissioner
15shall complete 20 hours of training in the above-noted areas
16during every 2 years the commissioner remains in office.
17    (G) Commissioners must meet one of the following
18qualifications:
19        (1) licensed to practice law in the State of Illinois;
20        (2) at least 3 years of experience as a hearing
21    officer at the Human Rights Commission; or
22        (3) at least 4 years of professional experience
23    working for or dealing with individuals or corporations
24    affected by this Act or similar laws in other
25    jurisdictions, including, but not limited to, experience
26    with a civil rights advocacy group, a fair housing group,

 

 

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1    a community organization, a trade association, a union, a
2    law firm, a legal aid organization, an employer's human
3    resources department, an employment discrimination
4    consulting firm, a community affairs organization, or a
5    municipal human relations agency.
6    The Governor's appointment message, filed with the
7Secretary of State and transmitted to the Senate, shall state
8specifically how the experience of a nominee for commissioner
9meets the requirement set forth in this subsection. The
10Chairperson must have public or private sector management and
11budget experience, as determined by the Governor.
12    Each commissioner shall devote full time to his or her
13duties and any commissioner who is an attorney shall not
14engage in the practice of law, nor shall any commissioner hold
15any other office or position of profit under the United States
16or this State or any municipal corporation or political
17subdivision of this State, nor engage in any other business,
18employment, or vocation.
19    (H) Notwithstanding any other provision of this Act, the
20Governor shall appoint, by and with the consent of the Senate,
21a special temporary panel of commissioners comprised of 3
22members. The members shall hold office until the Commission,
23in consultation with the Governor, determines that the
24caseload of requests for review has been reduced sufficiently
25to allow cases to proceed in a timely manner, or for a term of
2618 months from the date of appointment by the Governor,

 

 

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1whichever is earlier. Each of the 3 members shall have only
2such rights and powers of a commissioner necessary to dispose
3of the cases assigned to the special panel. Each of the 3
4members appointed to the special panel shall receive the same
5salary as other commissioners for the duration of the panel.
6The panel shall have the authority to hire and supervise a
7staff attorney who shall report to the panel of commissioners.
8(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
 
9    Section 999. Effective date. This Act takes effect upon
10becoming law.".