HB3711 94TH GENERAL ASSEMBLY

LRB094 10781 MKM 42010 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3711

Introduced 2/24/2005, by Rep. Bill Mitchell - Michael Tryon - Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 415/4c	from Ch. 127, par. 63b104c
20 ILCS 805/805-30	was 20 ILCS 805/63a38
30 ILCS 105/8h
40 ILCS 5/14-103.05	from Ch. 108 1/2, par. 14-103.05
525 ILCS 50/2	from Ch. 48, par. 2552
525 ILCS 50/7	from Ch. 48, par. 2557
30 ILCS 105/5.640 new

Creates the Illinois Conservation Corps Act to provide year-round conservation employment within the Department of Natural Resources for young adults in Illinois. Subject to appropriation, entitles enrollees in the Corps to a stipend of $500 per month and a maximum of $5,000 per year in education awards. Provides that no project of the Corps may displace individuals employed by or under contract with the Department. Creates the Illinois Conservation Corps Advisory Board to advise the Department concerning the Corps. Establishes the Illinois Conservation Corps Fund, a special fund in the State treasury. Authorizes the Department to use the moneys in the Fund only for the purposes of the Corps and provides that no more than 5% of the moneys in the Fund may be used for costs associated with the administration of the Corps. Authorizes the Fund to accept State and federal appropriations, gifts, grants, and private donations. Prohibits the Governor from making any transfers from the Fund. Amends the State Finance Act to create the Fund. Amends the State Finance Act to prohibit the Governor from making any transfers from the Illinois Conservation Corps Fund. Amends the Illinois Youth and Young Adult Employment Act of 1986 to rename the Illinois Conservation Corps as the Youth and Young Adult Conservation Employment Program. Makes corresponding changes. Amends the Personnel Code, the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois, and the Illinois Pension Code to make corresponding changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act shall be known and may be cited as the Illinois Conservation Corps Act.

Section 5. Definitions. As used in this Act:

"Board" means the Illinois Conservation Corps Advisory Board.

"Corps" means the Illinois Conservation Corps.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

Section 10. Illinois Conservation Corps Advisory Board.

(a) The Illinois Conservation Corps Advisory Board is established to advise the Department concerning the Illinois Conservation Corps. The Board shall consist of 13 members as follows:

(1) The Director of Agriculture, or the Director's designee.

(2) The Director of Natural Resources, or the Director's designee, who shall serve as chairman.

(3) The Director of the Environmental Protection Agency, or the Director's designee.

(4) One representative of the Illinois Municipal League.

(5) One representative of the Nature Conservancy.

(6) One representative of the Association of Park Districts.

(7) One representative of the Sierra Club.

(8) One representative of Illinois public universities.

(9) One representative of Illinois community colleges.

(10) One member appointed by the Speaker of the House.

(11) One member appointed by the House Minority Leader.

(12) One member appointed by the President of the Senate.

(13) One member appointed by the Senate Minority Leader.

(b) All members of the Board shall serve without compensation, except that members may be reimbursed for reasonable travel expenses incurred as a result of performing the work of the Board.

(c) The Board shall advise the Department concerning suitable projects for the Corps that permanently enhance and improve lands owned by the State or by units of local government.

Section 15. Illinois Conservation Corps.

(a) The Illinois Conservation Corps program is established within the Department of Natural Resources. The Corps shall be limited to citizens of this State who at the time of enrollment are 18 through 25 years of age inclusive. The Department shall make public notification of the availability of jobs for eligible young adults in the Corps by means of newspapers, electronic media, units of local government, and educational facilities, including school districts, higher education institutions, and community colleges. The Department shall promulgate reasonable rules concerning the application process for jobs with the Illinois Conservation Corps.

Any applicant who knowingly and purposely provides wrongful information regarding age or educational records shall be deemed ineligible to participate in the Corps. Any applicant who successfully gains employment in the Corps and is later proven to have falsified his or her application shall be dismissed immediately from the Corps.

(b) Any successful applicant to the Corps may be employed year-round. Subject to appropriation, once enrolled in the Corps, each enrollee shall receive a stipend in the amount of $500 per month and may receive education awards for qualified educational expenses, such as repayment of qualified student loans, educational expenses at an Illinois public university, community college, or school-to-work program, or eligible interest expenses, in an amount not to exceed $5,000 per enrollee per year. Stipends and education awards shall paid out of moneys appropriated to the Illinois Conservation Corps Fund. Enrollees shall not be classified as employees of the State for purposes of contributions to the State Employees' Retirement System or any other public employment retirement system of the State.

(c) The Director, in consultation with the Board, shall designate suitable projects for the Corps. No project designated for enrollee participation shall result in the displacement of individuals currently employed or positions currently existing, either directly or under contract with any private contractor, by the Department through the reduction of overtime or non-overtime hours, wages, or employment benefits. Projects designated by the Director as suitable projects for the Corps shall permanently enhance public lands, including, but not limited to, parks, nature preserves, and forest preserves, and shall improve the habitat of fauna and flora, improve utilization of recreation facilities by the public, improve water quality, or in any other way improve the environmental, economic, and recreational quality of public lands.

Section 20. Illinois Conservation Corps Fund. The Illinois Conservation Corps Fund is created as a special fund in the State treasury. Subject to appropriation, the moneys in the Fund may only be used by the Department for the purposes of the Illinois Conservation Corps, including the payment of stipends and education awards under Section 15. No more than 5% of the moneys in the Fund may be used by the Department for costs associated with the administration of the Illinois Conservation Corps. Any interest earned on moneys in the Fund must be deposited into the Fund. The Fund may accept State and federal appropriations, gifts, grants, and private donations.

Section 90. The Personnel Code is amended by changing Section 4c as follows:

(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)

Sec. 4c. General exemptions. The following positions in State service shall be exempt from jurisdictions A, B, and C, unless the jurisdictions shall be extended as provided in this Act:

(1) All officers elected by the people.

(2) All positions under the Lieutenant Governor, Secretary of State, State Treasurer, State Comptroller, State Board of Education, Clerk of the Supreme Court, and Attorney General.

(3) Judges, and officers and employees of the courts, and notaries public.

(4) All officers and employees of the Illinois General Assembly, all employees of legislative commissions, all officers and employees of the Illinois Legislative Reference Bureau, the Legislative Research Unit, and the Legislative Printing Unit.

(5) All positions in the Illinois National Guard and Illinois State Guard, paid from federal funds or positions in the State Military Service filled by enlistment and paid from State funds.

(6) All employees of the Governor at the executive mansion and on his immediate personal staff.

(7) Directors of Departments, the Adjutant General, the Assistant Adjutant General, the Director of the Illinois Emergency Management Agency, members of boards and commissions, and all other positions appointed by the Governor by and with the consent of the Senate.

(8) The presidents, other principal administrative officers, and teaching, research and extension faculties of Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Illinois Community College Board, Southern Illinois University, Illinois Board of Higher Education, University of Illinois, State Universities Civil Service System, University Retirement System of Illinois, and the administrative officers and scientific and technical staff of the Illinois State Museum.

(9) All other employees except the presidents, other principal administrative officers, and teaching, research and extension faculties of the universities under the jurisdiction of the Board of Regents and the colleges and universities under the jurisdiction of the Board of Governors of State Colleges and Universities, Illinois Community College Board, Southern Illinois University, Illinois Board of Higher Education, Board of Governors of State Colleges and Universities, the Board of Regents, University of Illinois, State Universities Civil Service System, University Retirement System of Illinois, so long as these are subject to the provisions of the State Universities Civil Service Act.

(10) The State Police so long as they are subject to the merit provisions of the State Police Act.

(11) The scientific staff of the State Scientific Surveys and the Waste Management and Research Center.

(12) The technical and engineering staffs of the Department of Transportation, the Department of Nuclear Safety, the Pollution Control Board, and the Illinois Commerce Commission, and the technical and engineering staff providing architectural and engineering services in the Department of Central Management Services.

(13) All employees of the Illinois State Toll Highway Authority.

(14) The Secretary of the Illinois Workers' Compensation Commission.

(15) All persons who are appointed or employed by the Director of Insurance under authority of Section 202 of the Illinois Insurance Code to assist the Director of Insurance in discharging his responsibilities relating to the rehabilitation, liquidation, conservation, and dissolution of companies that are subject to the jurisdiction of the Illinois Insurance Code.

(16) All employees of the St. Louis Metropolitan Area Airport Authority.

(17) All investment officers employed by the Illinois State Board of Investment.

(18) Employees of the Illinois Young Adult Conservation Corps program, administered by the Illinois Department of Natural Resources, authorized grantee under Title VIII of the Comprehensive Employment and Training Act of 1973, 29 USC 993.

(18.5) Employees of the Youth and Young Adult Conservation Employment program administered by the Illinois Department of Natural Resources.

(18.6) Employees of the Illinois Conservation Corps program established under the Illinois Conservation Corps Act and administered by the Illinois Department of Natural Resources.

(19) Seasonal employees of the Department of Agriculture for the operation of the Illinois State Fair and the DuQuoin State Fair, no one person receiving more than 29 days of such employment in any calendar year.

(20) All "temporary" employees hired under the Department of Natural Resources' Illinois Conservation Service, a youth employment program that hires young people to work in State parks for a period of one year or less.

(21) All hearing officers of the Human Rights Commission.

(22) All employees of the Illinois Mathematics and Science Academy.

(23) All employees of the Kankakee River Valley Area Airport Authority.

(24) The commissioners and employees of the Executive Ethics Commission.

(25) The Executive Inspectors General, including special Executive Inspectors General, and employees of each Office of an Executive Inspector General.

(26) The commissioners and employees of the Legislative Ethics Commission.

(27) The Legislative Inspector General, including special Legislative Inspectors General, and employees of the Office of the Legislative Inspector General.

(28) The Auditor General's Inspector General and employees of the Office of the Auditor General's Inspector General.

(Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05; revised 10-14-04.)

Section 95. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by changing Section 805-30 as follows:

(20 ILCS 805/805-30) (was 20 ILCS 805/63a38)

Sec. 805-30. Youth and Young Adult Conservation Employment Program Illinois Conservation Corps; Illinois Youth Recreation Corps. The Department has the power to administer the Youth and Young Adult Conservation Employment Program Illinois Conservation Corps Program and the Illinois Youth Recreation Corps Program created by the Illinois Youth and Young Adult Employment Act of 1986 and to promulgate rules and regulations for the administration of the programs.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 100. The State Finance Act is amended by changing Section 8h as follows:

(30 ILCS 105/8h)

Sec. 8h. Transfers to General Revenue Fund.

(a) Except as provided in subsection (b), notwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year. The total transfer under this Section from any fund in any fiscal year shall not exceed the lesser of (i) 8% of the revenues to be deposited into the fund during that fiscal year or (ii) an amount that leaves a remaining fund balance of 25% of the July 1 fund balance of that fiscal year. In fiscal year 2005 only, prior to calculating the July 1, 2004 final balances, the Governor may calculate and direct the State Treasurer with the Comptroller to transfer additional amounts determined by applying the formula authorized in Public Act 93-839 to the funds balances on July 1, 2003. No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund estimated to be expended for that fiscal year. This Section does not apply to any funds that are restricted by federal law to a specific use, to any funds in the Motor Fuel Tax Fund, the Hospital Provider Fund, the Medicaid Provider Relief Fund, or the Reviewing Court Alternative Dispute Resolution Fund, or the Illinois Conservation Corps Fund, or to any funds to which subsection (f) of Section 20-40 of the Nursing and Advanced Practice Nursing Act applies. Notwithstanding any other provision of this Section, for fiscal year 2004, the total transfer under this Section from the Road Fund or the State Construction Account Fund shall not exceed the lesser of (i) 5% of the revenues to be deposited into the fund during that fiscal year or (ii) 25% of the beginning balance in the fund. For fiscal year 2005 through fiscal year 2007, no amounts may be transferred under this Section from the Road Fund, the State Construction Account Fund, the Criminal Justice Information Systems Trust Fund, the Wireless Service Emergency Fund, or the Mandatory Arbitration Fund.

In determining the available balance in a fund, the Governor may include receipts, transfers into the fund, and other resources anticipated to be available in the fund in that fiscal year.

The State Treasurer and Comptroller shall transfer the amounts designated under this Section as soon as may be practicable after receiving the direction to transfer from the Governor.

(b) This Section does not apply to any fund established under the Community Senior Services and Resources Act.

(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. 1-15-05.)

Section 105. The Illinois Pension Code is amended by changing Section 14-103.05 as follows:

(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)

Sec. 14-103.05. Employee.

(a) Any person employed by a Department who receives salary for personal services rendered to the Department on a warrant issued pursuant to a payroll voucher certified by a Department and drawn by the State Comptroller upon the State Treasurer, including an elected official described in subparagraph (d) of Section 14-104, shall become an employee for purpose of membership in the Retirement System on the first day of such employment.

A person entering service on or after January 1, 1972 and prior to January 1, 1984 shall become a member as a condition of employment and shall begin making contributions as of the first day of employment.

A person entering service on or after January 1, 1984 shall, upon completion of 6 months of continuous service which is not interrupted by a break of more than 2 months, become a member as a condition of employment. Contributions shall begin the first of the month after completion of the qualifying period.

The qualifying period of 6 months of service is not applicable to: (1) a person who has been granted credit for service in a position covered by the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, the General Assembly Retirement System, or the Judges Retirement System of Illinois unless that service has been forfeited under the laws of those systems; (2) a person entering service on or after July 1, 1991 in a noncovered position; or (3) a person to whom Section 14-108.2a or 14-108.2b applies.

(b) The term "employee" does not include the following:

(1) members of the State Legislature, and persons electing to become members of the General Assembly Retirement System pursuant to Section 2-105;

(2) incumbents of offices normally filled by vote of the people;

(3) except as otherwise provided in this Section, any person appointed by the Governor with the advice and consent of the Senate unless that person elects to participate in this system;

(3.1) any person serving as a commissioner of an ethics commission created under the State Officials and Employees Ethics Act unless that person elects to participate in this system with respect to that service as a commissioner;

(3.2) any person serving as a part-time employee in any of the following positions: Legislative Inspector General, Special Legislative Inspector General, employee of the Office of the Legislative Inspector General, Executive Director of the Legislative Ethics Commission, or staff of the Legislative Ethics Commission, regardless of whether he or she is in active service on or after July 8, 2004 (the effective date of Public Act 93-685), unless that person elects to participate in this System with respect to that service; in this item (3.2), a "part-time employee" is a person who is not required to work at least 35 hours per week;

(3.3) any person who has made an election under Section 1-123 and who is serving either as legal counsel in the Office of the Governor or as Chief Deputy Attorney General;

(4) except as provided in Section 14-108.2 or 14-108.2c, any person who is covered or eligible to be covered by the Teachers' Retirement System of the State of Illinois, the State Universities Retirement System, or the Judges Retirement System of Illinois;

(5) an employee of a municipality or any other political subdivision of the State;

(6) any person who becomes an employee after June 30, 1979 as a public service employment program participant under the Federal Comprehensive Employment and Training Act and whose wages or fringe benefits are paid in whole or in part by funds provided under such Act;

(7) enrollees of the Illinois Young Adult Conservation Corps program, administered by the Department of Natural Resources, authorized grantee pursuant to Title VIII of the "Comprehensive Employment and Training Act of 1973", 29 USC 993, as now or hereafter amended;

(7.5) enrollees of the Youth and Young Adult Conservation Employment program administered by the Department of Natural Resources;

(7.6) employees of the Illinois Conservation Corps program established under the Illinois Conservation Corps Act and administered by the Department of Natural Resources;

(8) enrollees and temporary staff of programs administered by the Department of Natural Resources under the Youth Conservation Corps Act of 1970;

(9) any person who is a member of any professional licensing or disciplinary board created under an Act administered by the Department of Professional Regulation or a successor agency or created or re-created after the effective date of this amendatory Act of 1997, and who receives per diem compensation rather than a salary, notwithstanding that such per diem compensation is paid by warrant issued pursuant to a payroll voucher; such persons have never been included in the membership of this System, and this amendatory Act of 1987 (P.A. 84-1472) is not intended to effect any change in the status of such persons;

(10) any person who is a member of the Illinois Health Care Cost Containment Council, and receives per diem compensation rather than a salary, notwithstanding that such per diem compensation is paid by warrant issued pursuant to a payroll voucher; such persons have never been included in the membership of this System, and this amendatory Act of 1987 is not intended to effect any change in the status of such persons;

(11) any person who is a member of the Oil and Gas Board created by Section 1.2 of the Illinois Oil and Gas Act, and receives per diem compensation rather than a salary, notwithstanding that such per diem compensation is paid by warrant issued pursuant to a payroll voucher; or

(12) a person employed by the State Board of Higher Education in a position with the Illinois Century Network as of June 30, 2004, who remains continuously employed after that date by the Department of Central Management Services in a position with the Illinois Century Network and participates in the Article 15 system with respect to that employment.

(Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, eff. 7-30-04; 93-1069, eff. 1-15-05.)

Section 110. The Illinois Youth and Young Adult Employment Act of 1986 is amended by changing Sections 2 and 7 as follows:

(525 ILCS 50/2) (from Ch. 48, par. 2552)

Sec. 2. Declaration of Intent. The General Assembly finds that the level of unemployment among the youths of this State, particularly those age 16 through 18, and young adults, age 18 through 25, is unsatisfactory. This situation is not conducive to the development of the youth and young adults of Illinois as the future of the State. The General Assembly further finds that the availability of recreational programs for youth in parks and recreational facilities operated by the State, by units of local government, and by other local not-for-profit entities is severely limited, decreasing the variety of constructive activities available to the children of this State during those months when they are not in school. The General Assembly therefore creates the Illinois Youth and Young Adult Employment Act to establish (a) the Youth and Young Adult Conservation Employment Program Illinois Conservation Corps to provide temporary summer employment for youth and year around employment for young adults of this State for the purpose of rehabilitation, protection and enhancement of the State's public land and (b) the Illinois Youth Recreation Corps to provide temporary summer employment for the youth of this State for the purpose of administering and operating recreational programs for youth at parks or recreational facilities operated by the State, units of local government or other local not-for-profit entities.

(Source: P.A. 84-1430.)

(525 ILCS 50/7) (from Ch. 48, par. 2557)

Sec. 7. Youth and Young Adult Conservation Employment Program Illinois Conservation Corps. With respect to the Youth and Young Adult Conservation Employment Program Illinois Conservation Corps program:

(a) Enrollment. The Illinois Conservation Corps Youth Component shall be limited to citizens of this State who at the time of enrollment are 16 through 18 years of age inclusive and who are unemployed. The Illinois Conservation Corps Young Adult Component shall be limited to citizens of this State who at the time of enrollment are 18 through 25 years of age inclusive and who are unemployed.

The Department shall make public notification of the availability of jobs for eligible youths and young adults in the Youth and Young Adult Conservation Employment Program Illinois Conservation Corps by the means of newspapers, electronic media, educational facilities, units of local government and the Department of Employment Security offices.

The Department shall promulgate reasonable rules pertaining to application for jobs with the Youth and Young Adult Conservation Employment Program Illinois Conservation Corps.

Any applicant who knowingly and purposely provides wrongful information regarding age, employment or educational records shall be deemed ineligible to participate in the program. Any applicant who successfully gains employment in the program and is later proven to have falsified his or her application shall be dismissed immediately from the program.

(b) Terms of Employment. The enrollment period for any successful applicant of the Illinois Conservation Corps Youth Component shall not be longer than 60 working days during the months of June, July and August. Once enrolled in the program, each enrollee shall receive at least the standard minimum wage as set by the State of Illinois and shall work normal working hours as determined by the Department. The enrollees shall not be classified as employees of the State for purposes of contributions to the State Employees' Retirement System or any other public employment retirement system of the State.

(c) Permissible Activities. The Director shall designate suitable projects in which enrollees of the program shall participate. No project designated for enrollee participation shall result in the displacement of individuals currently employed or positions currently existing, either directly or under contract with any private contractor, by the Department through the reduction of overtime or nonovertime hours, wages or employment benefits.

Projects so designated by the Director shall be for the purpose of enhancing public lands owned or leased by the Department. Such projects shall include improving the habitat of fauna and flora; improving utilization of recreation facilities by the public; improving water quality; and any other project deemed by the Department to improve the environmental, economic and recreational quality of the State owned or leased lands.

All projects designated for activity by the Director shall be within a reasonable commuting time for each enrollee. To the extent possible, the Director shall designate areas where a pool of enrollees may work. In no circumstance shall enrollees be required to spend more than 1 1/2 hours of commuting time to a project or a designated area; provided, an enrollee, or an enrollee who is a minor with the express concurrence of his parent or guardian, may agree to spend more than 1 1/2 hours of commuting time to a project or a designated area.

(Source: P.A. 84-1430.)

Section 900. The State Finance Act is amended by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Illinois Conservation Corps Fund.

Section 999. Effective date. This Act takes effect upon becoming law.