Full Text of HB4668 93rd General Assembly
HB4668 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4668
Introduced 02/04/04, by Wyvetter H. Younge SYNOPSIS AS INTRODUCED: |
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New Act |
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20 ILCS 5/5-15 |
was 20 ILCS 5/3 |
20 ILCS 5/5-20 |
was 20 ILCS 5/4 |
20 ILCS 5/5-425 new |
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20 ILCS 2605/2605-345 new |
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Creates the Illinois Africa-America Peace Brigade Act. Provides that
qualified
citizens of the State may be enrolled in the Illinois Africa-America Peace
Brigade for service in African nations and in urban inner-city schools in this
State. Sets the terms and conditions of the
volunteers' service. Allows the Director of the Illinois Africa-America Peace
Brigade to provide training to volunteers and applicants for enrollment as
volunteers. Requires the approval of the United States' Secretary of State for
the programs and activities of the Peace Brigade in foreign nations. Creates
the Illinois
Africa-America Peace Brigade Advisory Council. Provides for the appointment of
members to the Council by the Governor with the advice and consent of the
Senate.
Provides that the Council shall review the programs and activities of the Peace
Brigade and shall make recommendations to the Governor and the Director.
Requires the Governor to report to the General Assembly on the programs and
activities of the Peace Brigade. Contains other provisions. Amends the Civil
Administrative Code of Illinois to create the Illinois Africa-America Peace
Brigade. Amends the Department of State Police Law of the Civil Administrative
Code of Illinois to allow the Department of
State Police to conduct background checks of applicants for enrollment as
volunteers in the Illinois Africa-America Peace Brigade.
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A BILL FOR
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HB4668 |
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LRB093 19171 RAS 44906 b |
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| AN ACT to create the Illinois Africa-America Peace Brigade.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois
Africa-America Peace
Brigade Act.
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| Section 5. Legislative declaration.
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| (a) The General Assembly declares that it
is the
policy of | 8 |
| this State to promote peace and friendship with African nations
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| through the Illinois
Africa-America Peace Brigade. The Peace | 10 |
| Brigade shall make available to
interested
African
nations men | 11 |
| and women of this State qualified for service abroad and | 12 |
| willing to
serve
under conditions of hardship if necessary. A | 13 |
| purpose of the Peace Brigade is
to help the peoples of African | 14 |
| nations
in meeting
their needs for trained manpower, | 15 |
| particularly in meeting the basic needs of
those living
in the | 16 |
| poorest areas of those countries, and to help promote a better
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| understanding of the
citizens of this State on the part of the | 18 |
| peoples served and a
better
understanding of other peoples on | 19 |
| the part of the citizens of this State.
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| (b) The General Assembly declares that it is the policy of | 21 |
| this State to
promote the
success of the descendants of
persons | 22 |
| from
Africa who reside in this State. In order to meet this | 23 |
| goal, the
General Assembly
finds that it is necessary to | 24 |
| provide emergency resources, especially human
resources, to
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| the failing schools in the urban inner-city areas of this | 26 |
| State. A purpose
of the Peace
Brigade is to provide those | 27 |
| failing schools with their need for trained
manpower in
meeting | 28 |
| the basic and remedial educational needs of African-American | 29 |
| students.
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| Section 10. Definitions.
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| "Agency of the United States government" means any |
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| department, board, wholly
or partially owned corporation, or | 2 |
| other instrumentality, commission, or
establishment of
the | 3 |
| United States.
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| "Council" means the Illinois Africa-America Peace Brigade | 5 |
| Advisory Council
created by this Act.
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| "Director" means the Director of the Illinois | 7 |
| Africa-America Peace Brigade.
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| "Peace Brigade" means the Illinois Africa-America Peace | 9 |
| Brigade created by
this
Act.
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| "Secretary of State" means the Secretary of State of the | 11 |
| United States.
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| "Volunteer", unless the context otherwise requires, | 13 |
| includes
volunteer leaders
and
applicants for enrollment as | 14 |
| volunteers.
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| Section 15. Illinois Africa-America Peace Brigade; | 16 |
| director and deputy
director;
rules.
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| (a) There is created the Illinois Africa-America Peace | 18 |
| Brigade. The Peace
Brigade
shall be under the direction of a | 19 |
| Director and a Deputy Director appointed by
the
Governor with | 20 |
| the advice and consent of the Senate.
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| (b) The Director may adopt any rules necessary to carry out | 22 |
| the purposes of
this
Act and to perform any of the duties of | 23 |
| the Peace Brigade.
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| Section 20. Powers and duties.
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| (a) The Peace Brigade may enter into, perform, and modify | 26 |
| contracts and
agreements with and may otherwise cooperate with | 27 |
| any agency of the United
States
government, any state, any | 28 |
| State agency, or any educational institutions,
voluntary | 29 |
| agencies,
farm
organizations, labor unions, or other | 30 |
| organizations, persons, or firms.
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| (b) The Director may, with the approval of the Secretary of | 32 |
| State, assign
volunteers to temporary duty with international | 33 |
| organizations and agencies.
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| (c) The Director may assign volunteers to duty or make them |
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| available to
any
entity referred to in subsection (a) of this | 2 |
| Section in order to assist those
entities in
providing | 3 |
| development or other assistance to African nations.
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| (d) In recognition of the fact that women in developing | 5 |
| countries play a
significant role in economic production, | 6 |
| family support, and the overall
development
process, the Peace | 7 |
| Brigade shall, whenever possible, give particular attention
to | 8 |
| programs
and activities that integrate women into the economies | 9 |
| of African
nations.
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| (e) In recognition of the fact that 95% of the disabled | 11 |
| people in the world
are
among the poorest of the poor, the | 12 |
| Peace Brigade shall, whenever possible, give
particular | 13 |
| attention to programs and activities that integrate disabled | 14 |
| people
into the economies of African nations.
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| (f) The Director may, in cooperation with the State Board | 16 |
| of Education and
the
State Superintendent of Education, assign | 17 |
| volunteers to duty in urban
inner-city schools
in this State.
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| Section 25. Approval by the Secretary of State.
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| (a) Nothing in this Act shall be construed to infringe upon | 20 |
| the powers or
functions
of the Secretary of State. In carrying | 21 |
| out the purposes of this Act, the
Director must seek
the | 22 |
| approval of the Secretary of State for any programs or | 23 |
| activities of
the Peace
Brigade in foreign nations.
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| (b) Except with the approval of the Secretary of State, the | 25 |
| Peace Brigade
may
not
be assigned to perform services in | 26 |
| foreign nations that could more usefully be
performed by an
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| agency of the United States government.
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| Section 30. Employees, experts, and consultants.
The Peace | 29 |
| Brigade may employ any personnel, in accordance with the | 30 |
| Personnel
Code, that may be necessary to carry out the purposes | 31 |
| of this Act. The Peace
Brigade
may enter into contracts with | 32 |
| any experts and consultants that it deems
necessary to carry
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| out the purposes of this Act.
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| Section 35. Volunteers.
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| (a) The Director may enroll in the Peace Brigade for | 3 |
| service in African
nations and in urban inner-city schools in | 4 |
| this State
qualified citizens of this State without regard to | 5 |
| race, gender, creed, or
color.
No political
test or | 6 |
| qualification may be used in selecting any person for | 7 |
| enrollment as a
volunteer.
No person may be assigned to duty as | 8 |
| a volunteer in any foreign country unless
at the
time of the | 9 |
| assignment he or she possess a reasonable proficiency in
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| speaking
the
language of the country to which he or she will be | 11 |
| assigned.
The
Director may, by rule, prescribe any other | 12 |
| qualifications for volunteers.
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| (b) The terms and conditions of service of volunteers are | 14 |
| those set
forth in this Act and as the Director prescribes. The | 15 |
| service of any volunteer
may be
terminated at the pleasure of | 16 |
| the Director. Upon enrollment, every volunteer
shall take an
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| oath of office.
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| (c) Subject to appropriations, volunteers may be provided | 19 |
| with any living,
travel,
and leave allowances and any housing, | 20 |
| transportation, supplies, equipment,
subsistence,
and clothing | 21 |
| that the Director determines is necessary for their maintenance
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| and to insure
their health and their capacity to serve | 23 |
| effectively. Transportation and
travel allowances
may also be | 24 |
| provided, as the Director determines, for applicants for | 25 |
| enrollment
as volunteers to or from
places of training and | 26 |
| places of enrollment and for former volunteers from
places of
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| service to their homes.
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| (d) Subject to appropriations, volunteers who serve in a | 29 |
| foreign country may
receive a readjustment
allowance, in an | 30 |
| amount determined by the Director,
for each month of | 31 |
| satisfactory service. The
readjustment
allowance of each | 32 |
| volunteer is payable on his or her return to the United
States.
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| Under circumstances that the Director determines, however, the | 34 |
| readjustment
allowance,
or any part thereof, may be paid to the | 35 |
| volunteer or members of his or her
family during
the period of | 36 |
| his or her service or before his or her return to the United
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| States. In the
event of a volunteer's death during the period | 2 |
| of service, the readjustment
allowance shall
be paid to his or | 3 |
| her family.
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| (e) Subject to appropriation, volunteers, applicants for | 5 |
| enrollment as
volunteers,
and former volunteers may receive any | 6 |
| health examinations, immunizations, or
health
and dental care | 7 |
| that the Director deems necessary or appropriate.
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| (f) In order to assure that the skills and experience of | 9 |
| former volunteers
are fully
used, the Director may, in | 10 |
| cooperation with agencies of the United States
government, | 11 |
| State agencies,
private employers, educational institutions, | 12 |
| and other entities, counsel
volunteers
with respect to | 13 |
| opportunities for further education and employment.
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| (g) Notwithstanding any other provision of law, attorneys | 15 |
| may be employed
and
attorneys' fees, court costs, bail, and | 16 |
| other expenses incidental to the
defense
of volunteers
may be | 17 |
| paid in foreign judicial or administrative proceedings to which
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| volunteers have
been made parties.
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| (h) Subject to appropriation, the minor children of a | 20 |
| volunteer that are
living with
the volunteer may receive:
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| (1) any living, travel, education, and leave | 22 |
| allowances and any housing,
transportation, subsistence, | 23 |
| and clothing that the Director determines;
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| (2) any health care, including health care following | 25 |
| the volunteer's
service
for an illness or injury incurred | 26 |
| during the period of service, that the
Director
determines;
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| (3) any orientation, language, and other training that | 28 |
| the Director
determines; and
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| (4) the benefits of subsection (g) of this Section on | 30 |
| the same basis of
volunteers.
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| (i) Subject to appropriations, the cost of packing and | 32 |
| unpacking,
transporting to
and from a place of storage, and | 33 |
| storing the furniture and household and
personal effects
of a | 34 |
| volunteer who has one or more minor children at the time of his | 35 |
| or her
entering pre-enrollment training may be paid from the | 36 |
| date of his or her
departure
from his or
her place of
residence |
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| to enter training until no later than 3 months after his or her
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| service is
terminated.
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| Section 40. Volunteer leaders. The Director may enroll as | 4 |
| volunteer leaders
in the
Peace Brigade qualified citizens of | 5 |
| this State whose services are required for
supervisory
or other | 6 |
| special duties or responsibilities in connection with programs | 7 |
| or
activities under
this Act. The ratio of the total number of | 8 |
| volunteer leaders in service at any
one time
may not exceed one | 9 |
| to 25. Volunteer leaders are entitled to the same benefits
as
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| volunteers.
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| Section 45. Training programs. The Director shall make | 12 |
| provision for any
training
that he or she deems appropriate for | 13 |
| each applicant for enrollment as a
volunteer and each
enrolled | 14 |
| volunteer. All of the provisions of this Act that apply to | 15 |
| volunteers
apply to
applicants for enrollment during any period | 16 |
| of training occurring before
enrollment.
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| Section 50. Applications; background check; enrollment.
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| (a) Applicants for enrollment as volunteers must submit any | 19 |
| information,
including
fingerprints taken by a law enforcement | 20 |
| officer, that the Director requires on
a form
furnished by the | 21 |
| Director. The Director shall provide any information
necessary | 22 |
| for a
background check to the Department of State Police. The | 23 |
| Director may request
that the
Secretary of State conduct a | 24 |
| security investigation of an applicant for
enrollment for | 25 |
| service in a foreign nation.
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| (b) If the Director is satisfied that an applicant meets | 27 |
| the qualifications
for a
volunteer and after the applicant | 28 |
| completes any pre-enrollment training that
the Director
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| requires, the applicant may be enrolled as a volunteer.
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| Section 55. Illinois Africa-America Peace Brigade Advisory | 31 |
| Council.
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| (a) The Illinois Africa-America Peace Brigade Advisory |
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| Council is created.
The
Council consists of 15 members | 2 |
| appointed by the Governor, with the advice
and
consent of the | 3 |
| Senate. Members of the Council shall be broadly representative
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| of the
general public, including educational institutions; | 5 |
| private volunteer agencies;
private
industry; farm | 6 |
| organizations; labor unions; different regions of the State;
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| different
educational, economic, racial, and national | 8 |
| backgrounds; different age
groupings; and
both genders.
No | 9 |
| member of the Council may be a State employee.
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| (b) The first appointments of members of the Council shall | 11 |
| be made not more
than 60 days after the effective date of this | 12 |
| Act. Of the members initially
appointed under this
Section, 8 | 13 |
| shall be appointed to one-year terms and 7 shall be appointed | 14 |
| to
2-year terms. Thereafter, all members shall serve 2-year | 15 |
| terms.
No member may serve for more than 2 consecutive 2-year | 16 |
| terms.
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| Members of the Council serve at the pleasure of the | 18 |
| Governor. A member
of the Council may be removed by a vote of 9 | 19 |
| members for malfeasance in office,
for persistent neglect of or | 20 |
| inability to discharge duties, or for offenses
involving moral | 21 |
| turpitude.
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| Within 30 days after any vacancy occurs in the
office of a | 23 |
| member of the Council, the Governor shall nominate an | 24 |
| individual to
fill the vacancy. A member appointed to fill a | 25 |
| vacancy occurring before the
expiration of the term for which | 26 |
| the member's predecessor was appointed shall
be appointed only | 27 |
| for the remainder of that term.
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| (c) Subject to appropriation, members of the Council may be | 29 |
| compensated for
each day
(including travel time) during which | 30 |
| the member is engaged in the actual
performance of
his or her | 31 |
| duties as a Council member. Members may not receive | 32 |
| compensation
for more
than 20 days in any calendar year.
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| (d) A member of the Council must disclose to the Council | 34 |
| the existence of
any
direct or indirect financial interest in | 35 |
| any particular matter
before the
Council and may not vote or | 36 |
| otherwise participate as a Council member with
respect to
that |
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| matter.
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| (e) At its first meeting and at its first regular meeting | 3 |
| in each calendar
year
thereafter, the Council must elect a | 4 |
| chair and a vice-chair from its members.
The chair
and | 5 |
| vice-chair may not be members of the same political party.
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| (f) The Council must hold a regular meeting during each | 7 |
| calendar year and
shall
meet at the call of the Governor, the | 8 |
| Director, the chair, or 1/4 of its
members. The
Council shall | 9 |
| adopt any by-laws and rules that it considers necessary to | 10 |
| carry
out its
functions. The by-laws and rules must include | 11 |
| procedures for fixing the time
and place
of meetings, giving or | 12 |
| waiving notice of meetings, and keeping minutes of
meetings.
A | 13 |
| majority of the members of the Council constitute a quorum for | 14 |
| the
purposes of transacting any business.
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| (g) The Council
shall evaluate the accomplishments of the | 16 |
| Peace Brigade, assess the potential
capabilities
and the future | 17 |
| role of the Peace Brigade, and make recommendations to the
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| Governor, the
Director, and, as the Council considers | 19 |
| appropriate, the General Assembly
for
the purpose of guiding | 20 |
| the future
direction of the
Peace Brigade and of helping to | 21 |
| ensure that the purposes and programs of the
Peace
Brigade are | 22 |
| carried out in ways that are economical, efficient, responsive | 23 |
| to
changing needs,
and in accordance with the law. The Council | 24 |
| may also make any other
evaluations,
assessments, and | 25 |
| recommendations it considers appropriate.
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| Subject to appropriation, the Council may conduct on-site | 27 |
| inspections and
make examinations of the activities of the | 28 |
| Peace Brigade in other countries.
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| (h) Not later than January 1 of each year, the Council must | 30 |
| submit to the
Governor
and the Director a report on its views | 31 |
| on the programs and activities of the
Peace Brigade.
Each | 32 |
| report must contain a summary of the advice and recommendations | 33 |
| of the
Council.
Within 90 days after receiving the report, the | 34 |
| Governor must submit the
report to the
General Assembly, | 35 |
| together with any comments concerning the report that the
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| Governor
or the Director considers appropriate.
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| (i) The Director shall make available to the Council any | 2 |
| personnel,
administrative
support services, and technical | 3 |
| assistance necessary to carry out its functions
effectively.
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| Section 60. Report. At least once during each fiscal year, | 5 |
| the Governor
must report on the programs and activities of the | 6 |
| Peace Brigade under this Act
to the General Assembly.
The | 7 |
| report must include:
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| (1) a description of the purpose and scope of any | 9 |
| project that the Peace
Brigade
undertook during the | 10 |
| preceding fiscal year; and
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| (2) recommendations for improving coordination of | 12 |
| projects between the
Peace
Brigade, the United States, and | 13 |
| other State agencies.
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| Section 800. The Departments of State Government Law of the | 15 |
| Civil
Administrative
Code of Illinois is amended by
changing | 16 |
| Sections 5-15 and 5-20 and by adding Section 5-425 as follows:
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| (20 ILCS 5/5-15) (was 20 ILCS 5/3)
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| Sec. 5-15. Departments of State government. The | 19 |
| Departments of
State government are created as follows:
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| The Department on Aging.
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| The Department of Agriculture.
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| The Department of Central Management Services.
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| The Department of Children and Family Services.
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| The Department of Commerce and Economic Opportunity.
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| The Department of Corrections.
| 26 |
| The Department of Employment Security.
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| The Department of Financial Institutions.
| 28 |
| The Department of Human Rights.
| 29 |
| The Department of Human Services.
| 30 |
| The Department of Insurance.
| 31 |
| The Department of Labor.
| 32 |
| The Department of the Lottery.
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| The Department of Natural Resources.
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| The Department of Nuclear Safety.
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| The Department of Professional Regulation.
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| The Department of Public Aid.
| 4 |
| The Department of Public Health.
| 5 |
| The Department of Revenue.
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| The Department of State Police.
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| The Department of Transportation.
| 8 |
| The Department of Veterans' Affairs.
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| The Illinois Africa-America Peace Brigade.
| 10 |
| (Source: P.A. 93-25, eff. 6-20-03.)
| 11 |
| (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 12 |
| Sec. 5-20. Heads of departments. Each department shall have | 13 |
| an
officer as its head who shall
be known as director or | 14 |
| secretary and who shall, subject to the
provisions of the Civil | 15 |
| Administrative Code of Illinois,
execute the powers and | 16 |
| discharge the duties
vested by law in his or her respective | 17 |
| department.
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| The following officers are hereby created:
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| Director of Aging, for the Department on Aging.
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| Director of Agriculture, for the Department of | 21 |
| Agriculture.
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| Director of Central Management Services, for the | 23 |
| Department of Central
Management Services.
| 24 |
| Director of Children and Family Services, for the | 25 |
| Department of Children and
Family Services.
| 26 |
| Director of Commerce and Economic Opportunity, for
the | 27 |
| Department of Commerce
and Economic Opportunity.
| 28 |
| Director of Corrections, for the Department of | 29 |
| Corrections.
| 30 |
| Director of Employment Security, for the Department of | 31 |
| Employment Security.
| 32 |
| Director of Financial Institutions, for the Department of | 33 |
| Financial
Institutions.
| 34 |
| Director of Human Rights, for the Department of Human | 35 |
| Rights.
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| Secretary of Human Services, for the Department of Human | 2 |
| Services.
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| Director of Insurance, for the Department of Insurance.
| 4 |
| Director of Labor, for the Department of Labor.
| 5 |
| Director of the Lottery, for the Department of the Lottery.
| 6 |
| Director of Natural Resources, for the Department of | 7 |
| Natural Resources.
| 8 |
| Director of Nuclear Safety, for the Department of Nuclear | 9 |
| Safety.
| 10 |
| Director of Professional Regulation, for the Department of | 11 |
| Professional
Regulation.
| 12 |
| Director of Public Aid, for the Department of Public Aid.
| 13 |
| Director of Public Health, for the Department of Public | 14 |
| Health.
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| Director of Revenue, for the Department of Revenue.
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| Director of State Police, for the Department of State | 17 |
| Police.
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| Secretary of Transportation, for the Department of | 19 |
| Transportation.
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| Director of Veterans' Affairs, for the Department of | 21 |
| Veterans' Affairs.
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| Director of the Illinois Africa-America Peace Brigade, for | 23 |
| the Illinois
Africa-America Peace Brigade.
| 24 |
| (Source: P.A. 93-25, eff. 6-20-03.)
| 25 |
| (20 ILCS 5/5-425 new)
| 26 |
| Sec. 5-425. In the Illinois Africa-America Peace Brigade. | 27 |
| The Director
and
the
Assistant Director of the Illinois | 28 |
| Africa-America Peace Brigade shall receive
annual
salaries | 29 |
| that are the same as the salaries of the Director and Assistant
| 30 |
| Director
of Agriculture, respectively, until such time as their | 31 |
| salaries are set by the
Compensation Review Board, and | 32 |
| thereafter shall receive salaries as set by the
Compensation | 33 |
| Review Board.
| 34 |
| Section 805. The Department of State Police Law of the |
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LRB093 19171 RAS 44906 b |
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| Civil Administrative
Code of Illinois is amended by adding | 2 |
| Section 2605-345 as follows:
| 3 |
| (20 ILCS 2605/2605-345 new)
| 4 |
| Sec. 2605-345. Criminal background investigations for the | 5 |
| Illinois
Africa-America Peace Brigade. Upon the request of the | 6 |
| Director of the Illinois
Africa-America
Peace Brigade, to | 7 |
| conduct criminal background investigations of applicants for
| 8 |
| enrollment as volunteers in the Illinois Africa-America Peace | 9 |
| Brigade and to
report any
criminal history information to the | 10 |
| Director of the Illinois Africa-America
Peace Brigade.
The | 11 |
| request shall be in the form and manner specified by the | 12 |
| Department.
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