Full Text of HB1563 102nd General Assembly
HB1563enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 10. The Civil Administrative Code of Illinois is | 5 | | amended 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 | 8 | | be a senior citizen, as that term is
defined
in the Illinois | 9 | | Act on the Aging, who has sufficient experience in
providing | 10 | | services to the aging or shall be an individual who has actual | 11 | | experience 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 | 14 | | changing Section 7.01 as follows:
| 15 | | (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
| 16 | | Sec. 7.01.
The Council shall consist of 31 voting members, | 17 | | including: two Senators
appointed by the President of the | 18 | | Senate; two Senators appointed by the
Senate Minority Leader; | 19 | | two Representatives appointed by the Speaker of the
House of | 20 | | Representatives; two Representatives appointed by the House
| 21 | | Minority Leader; and twenty three citizen members, at least |
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| 1 | | sixteen of whom
shall be senior citizens or have actual | 2 | | experience in providing services to senior citizens . Of the | 3 | | citizen members, at least 7 shall represent underrepresented | 4 | | communities as follows:
| 5 | | (1) one member who is a lesbian, gay, bisexual, or | 6 | | queer individual; | 7 | | (2) one member who is a transgender or | 8 | | gender-expansive individual; | 9 | | (3) one member who is a person living with HIV; | 10 | | (4) one member who is an African-American or Black | 11 | | individual; | 12 | | (5) one member who is a Hispanic or Latino individual; | 13 | | (6) one member who is an Asian-American or Pacific | 14 | | Islander individual; and | 15 | | (7) one member who is an ethnically diverse | 16 | | individual. | 17 | | (Source: P.A. 102-885, eff. 5-16-22.)
| 18 | | Section 30. The Department of Central Management Services | 19 | | Law of the
Civil Administrative Code of Illinois is amended by | 20 | | changing Section 405-413 as follows: | 21 | | (20 ILCS 405/405-413) | 22 | | Sec. 405-413. Geographic consolidation of State employment | 23 | | positions. | 24 | | (a) Notwithstanding any other law to the contrary, it is |
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| 1 | | recognized that the Director of Central Management Services, | 2 | | working in consultation with the Director of any affected | 3 | | State agency, shall direct the relocation to Sangamon County | 4 | | is the preferred location of all State employment positions | 5 | | under the Personnel Code that are not required by their nature | 6 | | or function to be located in a specific geographic area. | 7 | | (b) (Blank). Notwithstanding any other law to the | 8 | | contrary, the Director of Central Management Services, working | 9 | | in consultation with the Director of any affected State | 10 | | agency, shall direct all new State employment positions which | 11 | | may be created under the Personnel Code, and which are not | 12 | | required by their nature or function to be located in a | 13 | | specific geographic area, to be located in Sangamon County. | 14 | | (c) The Director shall determine a geographic location for | 15 | | each State employment position taking into consideration a | 16 | | variety of factors, including, but not limited to, and, if it | 17 | | is other than Sangamon County, the reason for it to be in that | 18 | | geographic location. In determining whether to locate or | 19 | | relocate a State employment position to Sangamon County, the | 20 | | Director shall consult the Director of any affected State | 21 | | agency as to whether the nature or function of a position , | 22 | | whether the position is well-suited for telework or a similar | 23 | | arrangement, where a diverse and equitable applicant pool | 24 | | exists, the preference for State employment positions to be | 25 | | located in Sangamon County, and other similar factors that | 26 | | should determine the geographic location of a State employment |
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| 1 | | position. requires it to be located in a specific geographic | 2 | | area of the State. If no such geographic necessity exists, | 3 | | that position shall be located or relocated to Sangamon | 4 | | County. | 5 | | (d) The rights of employees and the State and its agencies | 6 | | under the Personnel Code and applicable collective bargaining | 7 | | agreements with respect to the relocation of current State | 8 | | employee position holders shall not be affected by the | 9 | | provisions of this Section. The provisions of this Section | 10 | | regarding location or relocation of a position to Sangamon | 11 | | County shall apply only to State employment positions that | 12 | | become vacant or are created on or after the effective date of | 13 | | this amendatory Act of the 100th General Assembly. | 14 | | (e) The provisions of this Section do not apply to: (1) any | 15 | | office of the legislative or judicial branch; (2) Statewide | 16 | | offices under the jurisdiction of any executive branch | 17 | | constitutional officer other than the Governor; or (3) persons | 18 | | employed directly by the Office of the Governor. This Section | 19 | | does apply to departments and agencies of State government | 20 | | under the jurisdiction of the Governor other than persons | 21 | | employed directly by the Office of the Governor.
| 22 | | (Source: P.A. 100-742, eff. 8-9-18.) | 23 | | Section 45. The Department of Public Health Powers and | 24 | | Duties Law of the
Civil Administrative Code of Illinois is | 25 | | amended by changing Section 2310-347 as follows: |
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| 1 | | (20 ILCS 2310/2310-347)
| 2 | | Sec. 2310-347. The Carolyn Adams Ticket For The Cure | 3 | | Board. | 4 | | (a) The Carolyn Adams Ticket For The Cure Board is created | 5 | | as an advisory board within the Department. Until 30 days | 6 | | after the effective date of this amendatory Act of the 97th | 7 | | General Assembly, the Board may consist of 10 members as | 8 | | follows: 2 members appointed by the President of the Senate; 2 | 9 | | members appointed by the Minority Leader of the Senate; 2 | 10 | | members appointed by the Speaker of the House of | 11 | | Representatives; 2 members appointed by the Minority Leader of | 12 | | the House of Representatives; and 2 members appointed by the | 13 | | Governor with the advice and consent of the Senate, one of whom | 14 | | shall be designated as chair of the Board at the time of | 15 | | appointment. | 16 | | (a-5) Notwithstanding any provision of this Article to the | 17 | | contrary, the term of office of each current Board member ends | 18 | | 30 days after the effective date of this amendatory Act of the | 19 | | 97th General Assembly or when his or her successor is | 20 | | appointed and qualified, whichever occurs sooner. No later | 21 | | than 30 days after the effective date of this amendatory Act of | 22 | | the 97th General Assembly, the Board shall consist of 10 newly | 23 | | appointed members. Four of the Board members shall be members | 24 | | of the General Assembly and appointed as follows: one member | 25 | | appointed by the President of the Senate; one member appointed |
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| 1 | | by the Minority Leader of the Senate; one member appointed by | 2 | | the Speaker of the House of Representatives; and one member | 3 | | appointed by the Minority Leader of the House of | 4 | | Representatives. | 5 | | Six of the Board members shall be appointed by the | 6 | | Director of the Department of Public Health, who shall | 7 | | designate one of these appointed members as chair of the Board | 8 | | at the time of his or her appointment. These 6 members | 9 | | appointed by the Director shall reflect the population with | 10 | | regard to ethnic, racial, and geographical composition and | 11 | | shall include the following individuals: one breast cancer | 12 | | survivor; one physician specializing in breast cancer or | 13 | | related medical issues; one breast cancer researcher; one | 14 | | representative from a breast cancer organization; one | 15 | | individual who operates a patient navigation program at a | 16 | | major hospital or health system; and one breast cancer | 17 | | professional that may include, but not be limited to, a | 18 | | genetics counselor, a social worker, a detain, an occupational | 19 | | therapist, or a nurse. | 20 | | A Board member whose term has expired may continue to | 21 | | serve until a successor is appointed. A Board member who is not | 22 | | a member of the General Assembly may serve 2 consecutive | 23 | | 3-year terms and shall not be reappointed for 3 years after the | 24 | | completion of those consecutive terms. | 25 | | (b) Board members shall serve without compensation but may | 26 | | be reimbursed for their reasonable travel expenses incurred in |
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| 1 | | performing their duties from funds available for that purpose. | 2 | | The Department shall provide staff and administrative support | 3 | | services to the Board. | 4 | | (c) The Board may advise: | 5 | | (i) the Department of Revenue in designing and | 6 | | promoting the Carolyn Adams Ticket For The Cure special | 7 | | instant scratch-off lottery game; | 8 | | (ii) the Department in reviewing grant applications; | 9 | | and | 10 | | (iii) the Director on the final award of grants from | 11 | | amounts appropriated from the Carolyn Adams Ticket For The | 12 | | Cure Grant Fund, to public or private entities in Illinois | 13 | | that reflect the population with regard to ethnic, racial, | 14 | | and geographic geographical composition for the purpose of | 15 | | funding breast cancer research and supportive services for | 16 | | breast cancer survivors and those impacted by breast | 17 | | cancer and breast cancer education. In awarding grants, | 18 | | the Department shall consider criteria that includes, but | 19 | | is not limited to, projects and initiatives that address | 20 | | disparities in incidence and mortality rates of breast | 21 | | cancer, based on data from the Illinois Cancer Registry, | 22 | | and populations facing barriers to care in accordance with | 23 | | Section 21.5 of the Illinois Lottery Law. | 24 | | (c-5) The Department shall submit a report to the Governor | 25 | | and the General Assembly by December 31 of each year. The | 26 | | report shall provide a summary of the Carolyn Adams Ticket for |
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| 1 | | the Cure lottery ticket sales, grants awarded, and the | 2 | | accomplishments of the grantees. | 3 | | (d) The Board is discontinued on June 30, 2027.
| 4 | | (Source: P.A. 99-917, eff. 12-30-16.) | 5 | | Section 55. The Illinois Criminal Justice Information Act | 6 | | is amended by changing Section 4 as follows: | 7 | | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) | 8 | | Sec. 4. Illinois Criminal Justice Information Authority; | 9 | | creation,
membership, and meetings. There is created an | 10 | | Illinois Criminal Justice
Information Authority consisting of | 11 | | 25 members. The membership of
the
Authority shall consist of : | 12 | | (1) the Illinois Attorney General , or the Illinois | 13 | | Attorney General's his or her
designee ; , | 14 | | (2) the Director of Corrections or the Director's | 15 | | designee; , | 16 | | (3) the Director
of the Illinois State Police or the | 17 | | Director's designee; , | 18 | | (4) the Director of Public Health or the Director's | 19 | | designee; , | 20 | | (5) the Director of Children and Family Services or | 21 | | the Director's designee; , | 22 | | (6) the Sheriff of Cook County or the Sheriff's | 23 | | designee; , | 24 | | (7) the
State's Attorney of Cook County or the State's |
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| 1 | | Attorney's designee; , | 2 | | (8) the clerk of the circuit court of Cook
County or | 3 | | the clerk's designee; , | 4 | | (9) the President of the Cook County Board of | 5 | | Commissioners or the President's designee; , | 6 | | (10) the Superintendent of the Chicago Police
| 7 | | Department or the Superintendent's designee; , | 8 | | (11) the Director of the Office of the State's | 9 | | Attorneys Appellate
Prosecutor or the Director's | 10 | | designee; , | 11 | | (12) the Executive Director of the Illinois Law | 12 | | Enforcement Training
Standards Board or the Executive | 13 | | Director's designee; , | 14 | | (13) the State Appellate Defender or the State | 15 | | Appellate Defender's designee; , | 16 | | (14) the Public Defender of Cook County or the Public | 17 | | Defender's designee; , and | 18 | | (15) the following additional
members, each of whom
| 19 | | shall be appointed by the Governor: | 20 | | (A) a circuit court clerk ; , | 21 | | (B) a sheriff ; ,
| 22 | | (C) a State's Attorney of a
county other than | 23 | | Cook ; , | 24 | | (D) a Public Defender of a county other than | 25 | | Cook ; , | 26 | | (E) a chief of police ; , and |
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| 1 | | (F) 6 members of the
general public. | 2 | | Members appointed on and after the effective date of this | 3 | | amendatory Act of the 98th General Assembly shall be confirmed | 4 | | by the Senate. | 5 | | The Governor from time to time shall designate a Chairman | 6 | | of the Authority
from the membership. All members of the | 7 | | Authority appointed by the Governor
shall serve at the | 8 | | pleasure of the Governor for a term not to exceed 4 years.
The | 9 | | initial appointed members of the Authority shall serve from | 10 | | January,
1983 until the third Monday in January, 1987 or until | 11 | | their successors are
appointed. | 12 | | The Authority shall meet at least quarterly, and all | 13 | | meetings of the
Authority shall be called by the Chairman. | 14 | | (Source: P.A. 102-538, eff. 8-20-21.) | 15 | | Section 60. The Blue-Ribbon Commission on Transportation | 16 | | Infrastructure and Policy Act is amended by changing Sections | 17 | | 10, 15, 25, and 30 as follows: | 18 | | (20 ILCS 4116/10) | 19 | | (Section scheduled to be repealed on February 1, 2023)
| 20 | | Sec. 10. Commission created. | 21 | | (a) The Blue-Ribbon Commission on Transportation | 22 | | Infrastructure Funding and Policy is created within the | 23 | | Department of Transportation consisting of members appointed | 24 | | as follows: |
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| 1 | | (1) Four members of the House of Representatives, with | 2 | | 2 to be appointed by the Speaker of the House of | 3 | | Representatives and 2 to be appointed by the Minority | 4 | | Leader of the House of Representatives. | 5 | | (2) Four members of the Senate, with 2 to be appointed | 6 | | by the President of the Senate and 2 to be appointed by the | 7 | | Minority Leader of the Senate. | 8 | | (3) Eight members appointed by the Governor with the | 9 | | advice and consent of the Senate. | 10 | | (4) The chair of the Commission to be appointed by the | 11 | | Governor from among his 8 appointments. | 12 | | (b) Members shall have expertise, knowledge, or experience | 13 | | in transportation infrastructure development, construction, | 14 | | workforce, or policy. Members shall also represent a diverse | 15 | | set of sectors, including the labor, engineering, | 16 | | construction, transit, active transportation, rail, air, or | 17 | | other sectors, and shall include participants of the | 18 | | Disadvantaged Business Enterprise Program. No more than 2 | 19 | | appointees shall be members of the same sector. | 20 | | (c) Members shall represent geographically diverse regions | 21 | | of the State. | 22 | | (d) Members shall be appointed by January 31, 2023 May 31, | 23 | | 2022 .
| 24 | | (Source: P.A. 102-988, eff. 5-27-22.) | 25 | | (20 ILCS 4116/15) |
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| 1 | | (Section scheduled to be repealed on February 1, 2023)
| 2 | | Sec. 15. Meetings. The Commission shall hold its first | 3 | | meeting by February 15, 2023 within 2 months from the | 4 | | effective date of this Act . The Commission may conduct | 5 | | meetings at such places and at such times as it may deem | 6 | | necessary or convenient to enable it to exercise fully and | 7 | | effectively its powers, perform its duties, and accomplish its | 8 | | objectives and purposes.
| 9 | | (Source: P.A. 102-988, eff. 5-27-22.) | 10 | | (20 ILCS 4116/25) | 11 | | (Section scheduled to be repealed on February 1, 2023)
| 12 | | Sec. 25. Report. The Commission shall direct the Illinois | 13 | | Department of Transportation to enter into a contract with a | 14 | | third party to assist the Commission in producing a document | 15 | | that evaluates the topics under this Act and outline formal | 16 | | recommendations that can be acted upon by the General | 17 | | Assembly. The Commission shall report a summary of its | 18 | | activities and produce a final report of the data, findings, | 19 | | and recommendations to the General Assembly by September 15, | 20 | | 2023 January 31, 2023 . The final report shall include | 21 | | specific, actionable recommendations for legislation and | 22 | | organizational adjustments. The final report may include | 23 | | recommendations for pilot programs to test alternatives. The | 24 | | final report and recommendations shall also include any | 25 | | minority and individual views of task force members.
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| 1 | | (Source: P.A. 102-988, eff. 5-27-22.) | 2 | | (20 ILCS 4116/30) | 3 | | (Section scheduled to be repealed on February 1, 2023)
| 4 | | Sec. 30. Repeal. This Commission is dissolved, and this | 5 | | Act is repealed , on September 30, 2023 February 1, 2023 .
| 6 | | (Source: P.A. 102-988, eff. 5-27-22.) | 7 | | Section 65. The Renewable Energy Component Recycling Task | 8 | | Force Act is amended by changing Section 10 as follows: | 9 | | (20 ILCS 4118/10) | 10 | | (Section scheduled to be repealed on December 31, 2025)
| 11 | | Sec. 10. The Renewable Energy Component Recycling Task | 12 | | Force.
| 13 | | (a) The Renewable Energy Component Recycling Task Force, | 14 | | hereinafter referred to as the REC Recycling Task Force, is | 15 | | hereby established.
| 16 | | (b) The REC Recycling Task Force shall consist of the | 17 | | following members:
| 18 | | (1) The Director of the Environmental Protection | 19 | | Agency or his or her designee;
| 20 | | (2) The Chair of the Illinois Commerce Commission or | 21 | | his or her designee;
| 22 | | (3) The Director of the Illinois Power Agency or his | 23 | | or her designee;
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| 1 | | (4) Four members appointed by the Governor, including | 2 | | one representing a solid waste disposal organization, one | 3 | | representing a renewable energy organization, and one | 4 | | representing an environmental advocacy organization;
| 5 | | (5) Two members appointed by the President of the | 6 | | Senate , one representing a solid waste disposal | 7 | | organization and one representing a renewable energy | 8 | | organization ;
| 9 | | (6) Two members appointed by the Minority Leader of | 10 | | the Senate , one representing a solid waste disposal | 11 | | organization and one representing a renewable energy | 12 | | organization ;
| 13 | | (7) Two members appointed by the Speaker of the House | 14 | | of Representatives , one representing a solid waste | 15 | | disposal organization and one representing a renewable | 16 | | energy organization ; and
| 17 | | (8) Two members appointed by the Minority Leader of | 18 | | the House of Representatives , one representing a solid | 19 | | waste disposal organization and one representing a | 20 | | renewable energy organization .
| 21 | | (c) The REC Recycling Task Force shall meet at the call of | 22 | | the Chair at least quarterly to fulfill its duties under this | 23 | | Act. At the first meeting of the REC Recycling Task Force, the | 24 | | Task Force shall elect from among its members a Chair and such | 25 | | other officers as it may choose.
| 26 | | (d) The Environmental Protection Agency shall coordinate |
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| 1 | | meetings for and provide other logistical assistance to the | 2 | | REC Recycling Task Force. The Agency may, upon request by the | 3 | | Task Force, arrange to have outside experts provide research | 4 | | assistance, technical support, and assistance in the | 5 | | preparation of reports for the REC Recycling Task Force. | 6 | | Notwithstanding any law to the contrary, the Environmental | 7 | | Protection Agency may use moneys from the Solid Waste | 8 | | Management Fund to fulfill its obligations under this Section, | 9 | | including any obligation it may have to arrange to have | 10 | | outside experts provide support and assistance to the Task | 11 | | Force pursuant to this subsection. | 12 | | (e) Members of the REC Recycling Task Force shall serve | 13 | | without compensation , but the Task Force may, within the | 14 | | limits of any funds appropriated or otherwise made available | 15 | | to it, reimburse its members for actual and necessary expenses | 16 | | incurred in the discharge of their Task Force duties.
| 17 | | (Source: P.A. 102-1025, eff. 5-27-22.) | 18 | | Section 70. The Illinois Indian American Advisory Council | 19 | | Act is amended by changing Section 1, 5, 10, 15, 20, and 25 as | 20 | | follows: | 21 | | (20 ILCS 4120/1)
| 22 | | Sec. 1. Short title. This Act may be cited as the Illinois | 23 | | South Asian Indian American Advisory Council Act.
| 24 | | (Source: P.A. 102-1058, eff. 1-1-23 .) |
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| 1 | | (20 ILCS 4120/5)
| 2 | | Sec. 5. Definitions.
As used in this Act:
| 3 | | "South Asian" "Indian" means a person descended from any | 4 | | of the countries of the South Asian subcontinent that are not | 5 | | primarily Muslim in character, including India, Bhutan, Nepal, | 6 | | and Sri Lanka .
| 7 | | "Council" means the Illinois South Asian Indian American | 8 | | Advisory Council created by this Act.
| 9 | | (Source: P.A. 102-1058, eff. 1-1-23 .) | 10 | | (20 ILCS 4120/10)
| 11 | | Sec. 10. Illinois South Asian Indian American Advisory | 12 | | Council. There is hereby created the Illinois South Asian | 13 | | Indian American Advisory Council. The purpose of the Council | 14 | | is to advise the Governor and the General Assembly on policy | 15 | | issues impacting South Asian Indian Americans and immigrants; | 16 | | to advance the role and civic participation of South Asian | 17 | | Indian Americans in this State; to enhance trade and | 18 | | cooperation between South Asian Indian-majority countries and | 19 | | this State; and, in cooperation with State agencies, boards, | 20 | | and commissions, to build relationships with and disseminate | 21 | | information to South Asian Indian American and immigrant | 22 | | communities across this State.
| 23 | | (Source: P.A. 102-1058, eff. 1-1-23 .) |
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| 1 | | (20 ILCS 4120/15)
| 2 | | Sec. 15. Council members.
| 3 | | (a) The Council shall consist of 21 voting members. The | 4 | | Governor shall appoint one voting member, who shall act as the | 5 | | chairperson of the Council and serve as the representative of | 6 | | the Office of the Governor. The Governor, the President of the | 7 | | Senate, the Speaker of the House of Representatives, the | 8 | | Minority Leader of the Senate, and the Minority Leader of the | 9 | | House of Representatives shall each appoint 4 members of the | 10 | | public to the Council, who shall also serve as voting members. | 11 | | (b) Appointing authorities shall ensure, to the maximum | 12 | | extent practicable, that the Council is diverse with respect | 13 | | to race, ethnicity, age, gender, faith, sexual orientation, | 14 | | language, country of origin, and geography.
| 15 | | (c) Appointments to the Council shall be persons of | 16 | | recognized ability and experience in one or more of the | 17 | | following areas: higher education, business, international | 18 | | trade, law, social services, human services, immigration, | 19 | | refugee services, community development, or health care.
| 20 | | (d) Appointed members of the Council shall serve 2-year | 21 | | terms. A member shall serve until his or her successor shall be | 22 | | appointed. Members of the Council shall not be entitled to | 23 | | compensation for their services as members.
| 24 | | (e) The following officials shall serve as ex officio, | 25 | | nonvoting members of the Council: the Deputy Director of the | 26 | | Office of Trade and Investment within the Department of |
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| 1 | | Commerce and Economic Opportunity, or his or her designee, and | 2 | | the Chief of the Bureau of Refugee and Immigrant Services | 3 | | within the Department of Human Services, or his or her | 4 | | designee.
| 5 | | The following State agencies shall also each appoint a | 6 | | liaison to serve as an ex officio, nonvoting member members of | 7 | | the Council: the Department of Commerce and Economic | 8 | | Opportunity, the Department of Financial and Professional | 9 | | Regulation, the Department of Human Services, the Department | 10 | | on Aging, the Department of Children and Family Services, the | 11 | | Department of Healthcare and Family Services, the Department | 12 | | of Public Health, the Department of Central Management | 13 | | Services, the Illinois State Board of Education, the Illinois | 14 | | Board of Higher Education, and the Illinois Community College | 15 | | Board.
| 16 | | (f) The Council may establish committees that address | 17 | | certain issues, including, but not limited to, communications, | 18 | | economic development, and legislative affairs.
| 19 | | (g) (Blank). The Office of the Governor shall provide | 20 | | administrative and technical support to the Council, including | 21 | | a staff member to serve as ethics officer.
| 22 | | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.) | 23 | | (20 ILCS 4120/20)
| 24 | | Sec. 20. Meetings. The Council shall meet at least once | 25 | | per each calendar quarter. In addition, the Council may hold |
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| 1 | | up to 2 public hearings annually to assist in the development | 2 | | of policy recommendations to the Governor and the General | 3 | | Assembly. All meetings of the Council shall be conducted in | 4 | | accordance with the Open Meetings Act. Eleven members of the | 5 | | Council shall constitute a quorum.
| 6 | | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.) | 7 | | (20 ILCS 4120/25)
| 8 | | Sec. 25. Reports.
| 9 | | (a) The Council shall issue semi-annual reports on its | 10 | | policy recommendations to the Governor and the General | 11 | | Assembly by June 30th and December 31st of each year.
| 12 | | (b) The reports on policy recommendations shall focus on, | 13 | | but are not limited to, the following: (i) policy issues | 14 | | impacting South Asian Indian Americans and immigrants; (ii) | 15 | | advancement of the role and civic participation of South Asian | 16 | | Indian Americans in this State; (iii) enhancement of trade and | 17 | | cooperation between South Asian Indian-majority countries and | 18 | | this State; and (iv) building relationships with and | 19 | | disseminating information to, in cooperation with State | 20 | | agencies, boards, and commissions, South Asian Indian American | 21 | | and immigrant communities across this State.
| 22 | | (Source: P.A. 102-1058, eff. 1-1-23 .) | 23 | | Section 75. The Hydrogen Economy Act is amended by | 24 | | changing Section 95 as follows: |
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| 1 | | (20 ILCS 4122/95) | 2 | | (Section scheduled to be repealed on June 1, 2023)
| 3 | | Sec. 95. Repealer. This Act is repealed on June 1, 2026 | 4 | | 2023 .
| 5 | | (Source: P.A. 102-1086, eff. 6-10-22.) | 6 | | Section 80. The Human Trafficking Task Force Act is | 7 | | amended by changing Section 5 as follows: | 8 | | (20 ILCS 5086/5) | 9 | | (Section scheduled to be repealed on July 1, 2024)
| 10 | | Sec. 5. Human Trafficking Task Force created. | 11 | | (a) There is created the Human Trafficking Task Force to | 12 | | address the growing problem of human trafficking across this | 13 | | State. The Human Trafficking Task Force shall consist of the | 14 | | following persons: | 15 | | (1) five three members of the House of | 16 | | Representatives, appointed by the Speaker of the House of | 17 | | Representatives;
| 18 | | (2) five three members of the House of | 19 | | Representatives, appointed by the Minority Leader of the | 20 | | House of Representatives;
| 21 | | (3) five three members of the Senate, appointed by the | 22 | | President of the Senate; | 23 | | (4) five three members of the Senate, appointed by the |
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| 1 | | Minority Leader of the Senate; | 2 | | (5) one representative of the Cook County Human | 3 | | Trafficking Task Force, appointed by the Governor; and | 4 | | (6) one representative of the Central Illinois Human | 5 | | Trafficking Task Force, appointed by the Governor. | 6 | | (b) The Task Force shall include the following ex officio | 7 | | members: | 8 | | (1) the Director of the Illinois State Police, or his | 9 | | or her designee; | 10 | | (2) the Director of the Department of Children and | 11 | | Family Services, or his or her designee; | 12 | | (3) the Secretary of the Department of Human Services, | 13 | | or his or her designee; and | 14 | | (4) the Director of the Department of Healthcare and | 15 | | Family Services, or his or her designee. | 16 | | (c) Members of the Human Trafficking Task Force shall | 17 | | serve without compensation.
| 18 | | (Source: P.A. 102-323, eff. 8-6-21.) | 19 | | Section 85. The Illinois Muslim American Advisory Council | 20 | | Act is amended by changing Section 20 as follows: | 21 | | (20 ILCS 5110/20)
| 22 | | Sec. 20. Council members. | 23 | | (a) The Council shall consist of 21 members. The Governor | 24 | | shall appoint one member to be the representative of the |
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| 1 | | Office of the Governor. The Governor, the President of the | 2 | | Senate, the Speaker of the House of Representatives, the | 3 | | Minority Leader of the Senate, and the Minority Leader of the | 4 | | House of Representatives shall also each appoint 4 public | 5 | | members to the Council. The Governor shall select the | 6 | | chairperson of the Council from among the members. | 7 | | (b) Appointing authorities shall ensure, to the maximum | 8 | | extent practicable, that the Council is diverse with respect | 9 | | to race, ethnicity, age, gender, and geography. | 10 | | (c) Appointments to the Council shall be persons of | 11 | | recognized ability and experience in one or more of the | 12 | | following areas: higher education, business, international | 13 | | trade, law, social services, human services, immigration, | 14 | | refugee services, community development, or healthcare. | 15 | | (d) Members of the Council shall serve 2-year terms. A | 16 | | member shall serve until his or her successor shall be | 17 | | appointed. Members of the Council shall not be entitled to | 18 | | compensation for their services as members. | 19 | | (e) The following officials shall serve as ex officio | 20 | | ex-officio members: the Deputy Director of the Office of Trade | 21 | | and Investment within the Department of Commerce and Economic | 22 | | Opportunity, or his or her designee, and the Chief of the | 23 | | Bureau of Refugee and Immigrant Services within the Department | 24 | | of Human Services, or his or her designee. In addition, the | 25 | | Department on Aging, the Department of Children and Family | 26 | | Services, the Department of Healthcare and Family Services, |
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| 1 | | the Department of Public Health, the Department of Central | 2 | | Management Services, the Board of Education, the Board of | 3 | | Higher Education, and the Community College Board shall each | 4 | | appoint a liaison to serve as an ex officio ex-officio member | 5 | | of the Council. | 6 | | (f) The Council may establish committees that address | 7 | | certain issues, including, but not limited to, communications, | 8 | | economic development, and legislative affairs. | 9 | | (g) (Blank). The Office of the Governor shall provide | 10 | | administrative and technical support to the Council, including | 11 | | a staff member to serve as ethics officer.
| 12 | | (Source: P.A. 100-459, eff. 8-25-17.) | 13 | | Section 90. The Metropolitan Pier and Exposition Authority | 14 | | Act is amended by changing Section 14 as follows: | 15 | | (70 ILCS 210/14) (from Ch. 85, par. 1234) | 16 | | Sec. 14. Board; compensation. The governing and | 17 | | administrative body of the Authority shall be a
board known as | 18 | | the Metropolitan Pier and Exposition Board. On the effective | 19 | | date of this amendatory Act of the 96th General Assembly, the | 20 | | Trustee shall assume the duties and powers of the Board for a | 21 | | period of 18 months or until the Board is fully constituted, | 22 | | whichever is later. Any action requiring Board approval shall | 23 | | be deemed approved by the Board if the Trustee approves the | 24 | | action in accordance with Section 14.5. Beginning the first |
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| 1 | | Monday of the month occurring 18 months after the effective | 2 | | date of this amendatory Act of the 96th General Assembly and | 3 | | until the effective date of this amendatory Act of the 102nd | 4 | | General Assembly , the Board shall consist of 9 members. On and | 5 | | after the effective date of this amendatory Act of the 102nd | 6 | | General Assembly, the Board shall consist of 11 members. The | 7 | | Governor shall appoint 5 4 members to the Board, subject to the | 8 | | advice and consent of the Senate. The Mayor shall appoint 5 4 | 9 | | members to the Board. At least one member of the Board shall | 10 | | represent the interests of labor , and at least one member of | 11 | | the Board shall represent the interests of the convention | 12 | | industry. A majority of the members appointed by the Governor | 13 | | and Mayor shall appoint a ninth member to serve as the | 14 | | chairperson until the chairperson's term expires on or after | 15 | | the effective date of this amendatory Act of the 102nd General | 16 | | Assembly, at which time, a majority of the members appointed | 17 | | by the Governor and Mayor shall appoint an eleventh member to | 18 | | serve as the chairperson . The Board shall be fully constituted | 19 | | when a quorum has been appointed. The members of
the board | 20 | | shall be individuals of generally recognized ability and
| 21 | | integrity. No member of the Board may be (i) an
officer or | 22 | | employee of, or a member of a board, commission or authority | 23 | | of,
the State, any unit of local government or any school | 24 | | district or (ii) a person who served on the Board prior to the | 25 | | effective date of this amendatory Act of the 96th General | 26 | | Assembly. |
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| 1 | | Of the initial members appointed by the Governor, one | 2 | | shall serve for a term expiring June 1, 2013, one shall serve | 3 | | for a term expiring June 1, 2014, one shall serve for a term | 4 | | expiring June 1, 2015, and one shall serve for a term expiring | 5 | | June 1, 2016, as determined by the Governor. Of the initial | 6 | | members appointed by the Mayor, one shall serve for a term | 7 | | expiring June 1, 2013, one shall serve for a term expiring June | 8 | | 1, 2014, one shall serve for a term expiring June 1, 2015, and | 9 | | one shall serve for a term expiring June 1, 2016, as determined | 10 | | by the Mayor. The initial chairperson appointed by the Board | 11 | | shall serve a term for a term expiring June 1, 2015. Additional | 12 | | members of the Board appointed pursuant to this amendatory Act | 13 | | of the 102nd General Assembly shall serve for a term expiring | 14 | | on June 1, 2026. Successors shall be appointed to 4-year | 15 | | terms. | 16 | | Members of the Board shall serve without compensation, but | 17 | | shall be reimbursed for actual
expenses incurred by them in | 18 | | the performance of their duties. All members of
the Board and | 19 | | employees of the Authority are subject to the Illinois
| 20 | | Governmental Ethics Act, in accordance with its terms. | 21 | | (Source: P.A. 102-699, eff. 4-19-22.) | 22 | | Section 95. The Alexander-Cairo Port District Act is | 23 | | amended by changing Sections 95, 100, and 115 as follows: | 24 | | (70 ILCS 1801/95)
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| 1 | | Sec. 95. Board members. The governing and administrative | 2 | | body of the Port District shall be a Board consisting of 9 7 | 3 | | members, to be known as the Alexander-Cairo Port District | 4 | | Board. All members of the Board shall be residents of the | 5 | | District , except the member with wetlands mitigation | 6 | | experience and the member with economic development experience | 7 | | do not need to be residents of the District . The members of the | 8 | | Board shall serve without compensation but shall be reimbursed | 9 | | for actual expenses incurred by them in the performance of | 10 | | their duties. However, any member of the Board who is | 11 | | appointed to the office of secretary or treasurer may receive | 12 | | compensation for his or her services as such officer. No | 13 | | member of the Board or employee of the District shall have any | 14 | | private financial interest, profit, or benefit in any | 15 | | contract, work, or business of the District nor in the sale or | 16 | | lease of any property to or from the District.
| 17 | | (Source: P.A. 96-1015, eff. 7-8-10.) | 18 | | (70 ILCS 1801/100)
| 19 | | Sec. 100. Board appointments; terms. The Governor shall | 20 | | appoint 6 4 members of the Board, including one member with | 21 | | wetlands mitigation experience and one member with economic | 22 | | development experience. The member with wetlands mitigation | 23 | | experience and the member with economic development experience | 24 | | do not need to be residents of the District. The the Mayor of | 25 | | the City of Cairo shall appoint one member of the Board, and |
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| 1 | | the chairperson of the Alexander County Board, with the advice | 2 | | and consent of the Alexander County Board, shall appoint 2 | 3 | | members of the Board. All initial appointments shall be made | 4 | | within 60 days after this Act takes effect. Of the 4 members | 5 | | initially appointed by the Governor, 2 shall be appointed for | 6 | | initial terms expiring June 1, 2012 and 2 shall be appointed | 7 | | for initial terms expiring June 1, 2013. The term of the member | 8 | | initially appointed by the Mayor shall expire June 1, 2013. Of | 9 | | the 2 members appointed by the Alexander County Board | 10 | | Chairperson, one shall be appointed for an initial term | 11 | | expiring June 1, 2012, and one shall be appointed for an | 12 | | initial term expiring June 1, 2013. Additional members of the | 13 | | Board appointed pursuant to this amendatory Act of the 102nd | 14 | | General Assembly shall serve for a term expiring on June 1, | 15 | | 2025. At the expiration of the term of any member, his or her | 16 | | successor shall be appointed by the Governor, Mayor, or | 17 | | Alexander County Board Chairperson in like manner and with | 18 | | like regard to the place of residence of the appointee, as in | 19 | | the case of appointments for the initial terms. | 20 | | After the expiration of initial terms, each successor | 21 | | shall hold office for the term of 3 years beginning the first | 22 | | day of June of the year in which the term of office commences. | 23 | | In the case of a vacancy during the term of office of any | 24 | | member appointed by the Governor, the Governor shall make an | 25 | | appointment for the remainder of the term vacant and until a | 26 | | successor is appointed and qualified. In the case of a vacancy |
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| 1 | | during the term of office of any member appointed by the Mayor, | 2 | | the Mayor shall make an appointment for the remainder of the | 3 | | term vacant and until a successor is appointed and qualified. | 4 | | In the case of a vacancy during the term of office of any | 5 | | member appointed by the Alexander County Board Chairperson, | 6 | | the Alexander County Board Chairperson shall make an | 7 | | appointment for the remainder of the term vacant and until a | 8 | | successor is appointed and qualified. The Governor, Mayor, and | 9 | | Alexander County Board Chairperson shall certify their | 10 | | respective appointments to the Secretary of State. Within 30 | 11 | | days after certification of his or her appointment, and before | 12 | | entering upon the duties of his or her office, each member of | 13 | | the Board shall take and subscribe the constitutional oath of | 14 | | office and file it in the office of the Secretary of State.
| 15 | | (Source: P.A. 96-1015, eff. 7-8-10.) | 16 | | (70 ILCS 1801/115)
| 17 | | Sec. 115. Meetings. Regular meetings of the Board shall be | 18 | | held at least once in each calendar month, the time and place | 19 | | of the meetings to be fixed by the Board. Five Four members of | 20 | | the Board shall constitute a quorum for the transaction of | 21 | | business. All action of the Board shall be by ordinance or | 22 | | resolution and the affirmative vote of at least 5 4 members | 23 | | shall be necessary for the adoption of any ordinance or | 24 | | resolution. All such ordinances and resolutions before taking | 25 | | effect shall be approved by the chairperson of the Board, and |
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| 1 | | if he or she approves, the chairperson shall sign the same, and | 2 | | if the chairperson does not approve, the chairperson shall | 3 | | return to the Board with his or her objections in writing at | 4 | | the next regular meeting of the Board occurring after the | 5 | | passage. But in the case the chairperson fails to return any | 6 | | ordinance or resolution with his or her objections within the | 7 | | prescribed time, the chairperson shall be deemed to have | 8 | | approved the ordinance , and it shall take effect accordingly. | 9 | | Upon the return of any ordinance or resolution by the | 10 | | chairperson with his or her objections, the vote shall be | 11 | | reconsidered by the Board, and if, upon reconsideration of the | 12 | | ordinance or resolution, it is passed by the affirmative vote | 13 | | of at least 5 members, it shall go into effect notwithstanding | 14 | | the veto of the chairperson. All ordinances, resolutions, and | 15 | | proceedings of the District and all documents and records in | 16 | | its possession shall be public records, and open to public | 17 | | inspection, except for documents and records that are kept or | 18 | | prepared by the Board for use in negotiations, legal actions, | 19 | | or proceedings to which the District is a party.
| 20 | | (Source: P.A. 96-1015, eff. 7-8-10.) | 21 | | Section 100. The Illinois Gambling Act is amended by | 22 | | changing Section 5 as follows:
| 23 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 24 | | Sec. 5. Gaming Board.
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| 1 | | (a) (1) There is hereby established the
Illinois Gaming | 2 | | Board, which shall have the powers and duties specified in
| 3 | | this Act, and all other powers necessary and proper to fully | 4 | | and
effectively execute this Act for the purpose of | 5 | | administering, regulating,
and enforcing the system of | 6 | | riverboat and casino gambling established by this Act and | 7 | | gaming pursuant to an organization gaming license issued under | 8 | | this Act. Its
jurisdiction shall extend under this Act to | 9 | | every person, association,
corporation, partnership and trust | 10 | | involved in riverboat and casino gambling
operations and | 11 | | gaming pursuant to an organization gaming license issued under | 12 | | this Act in the State of Illinois.
| 13 | | (2) The Board shall consist of 5 members to be appointed by | 14 | | the Governor
with the advice and consent of the Senate, one of | 15 | | whom shall be designated
by the Governor to be chairperson. | 16 | | Each member shall have a reasonable
knowledge of the practice, | 17 | | procedure and principles of gambling operations.
Each member | 18 | | shall either be a resident of Illinois or shall certify that he | 19 | | or she
will become a resident of Illinois before taking | 20 | | office. | 21 | | On and after the effective date of this amendatory Act of | 22 | | the 101st General Assembly, new appointees to the Board must | 23 | | include the following: | 24 | | (A) One member who has received, at a minimum, a | 25 | | bachelor's degree from an accredited school and at least | 26 | | 10 years of verifiable experience in the fields of |
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| 1 | | investigation and law enforcement. | 2 | | (B) One member who is a certified public accountant | 3 | | with experience in auditing and with knowledge of complex | 4 | | corporate structures and transactions. | 5 | | (C) One member who has 5 years' experience as a | 6 | | principal, senior officer, or director of a company or | 7 | | business with either material responsibility for the daily | 8 | | operations and management of the overall company or | 9 | | business or material responsibility for the policy making | 10 | | of the company or business. | 11 | | (D) One member who is an attorney licensed to practice | 12 | | law in Illinois for at least 5 years. | 13 | | Notwithstanding any provision of this subsection (a), the | 14 | | requirements of subparagraphs (A) through (D) of this | 15 | | paragraph (2) shall not apply to any person reappointed | 16 | | pursuant to paragraph (3). | 17 | | No more than 3 members of the Board may be from the same | 18 | | political party. No Board member shall, within a period of one | 19 | | year immediately preceding nomination, have been employed or | 20 | | received compensation or fees for services from a person or | 21 | | entity, or its parent or affiliate, that has engaged in | 22 | | business with the Board, a licensee, or a licensee under the | 23 | | Illinois Horse Racing Act of 1975. Board members must publicly | 24 | | disclose all prior affiliations with gaming interests, | 25 | | including any compensation, fees, bonuses, salaries, and other | 26 | | reimbursement received from a person or entity, or its parent |
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| 1 | | or affiliate, that has engaged in business with the Board, a | 2 | | licensee, or a licensee under the Illinois Horse Racing Act of | 3 | | 1975. This disclosure must be made within 30 days after | 4 | | nomination but prior to confirmation by the Senate and must be | 5 | | made available to the members of the Senate.
| 6 | | (3) The terms of office of the Board members shall be 3 | 7 | | years, except
that the terms of office of the initial Board | 8 | | members appointed pursuant to
this Act will commence from the | 9 | | effective date of this Act and run as
follows: one for a term | 10 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 | 11 | | for a term ending July 1, 1993. Upon the expiration of the
| 12 | | foregoing terms, the successors of such members shall serve a | 13 | | term for 3
years and until their successors are appointed and | 14 | | qualified for like terms.
Vacancies in the Board shall be | 15 | | filled for the unexpired term in like
manner as original | 16 | | appointments. Each member of the Board shall be
eligible for | 17 | | reappointment at the discretion of the Governor with the
| 18 | | advice and consent of the Senate.
| 19 | | (4) Each member of the Board shall receive $300 for each | 20 | | day the
Board meets and for each day the member conducts any | 21 | | hearing pursuant to
this Act. Each member of the Board shall | 22 | | also be reimbursed for all actual
and necessary expenses and | 23 | | disbursements incurred in the execution of official
duties.
| 24 | | (5) No person shall be appointed a member of the Board or | 25 | | continue to be
a member of the Board who is, or whose spouse, | 26 | | child or parent is, a member
of the board of directors of, or a |
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| 1 | | person financially interested in, any
gambling operation | 2 | | subject to the jurisdiction of this Board, or any race
track, | 3 | | race meeting, racing association or the operations thereof | 4 | | subject
to the jurisdiction of the Illinois Racing Board. No | 5 | | Board member shall
hold any other public office. No person | 6 | | shall be a
member of the Board who is not of good moral | 7 | | character or who has been
convicted of, or is under indictment | 8 | | for, a felony under the laws of
Illinois or any other state, or | 9 | | the United States.
| 10 | | (5.5) No member of the Board shall engage in any political | 11 | | activity. For the purposes of this Section, "political" means | 12 | | any activity in support
of or in connection with any campaign | 13 | | for federal, State, or local elective office or any political
| 14 | | organization, but does not include activities (i) relating to | 15 | | the support or
opposition of any executive, legislative, or | 16 | | administrative action (as those
terms are defined in Section 2 | 17 | | of the Lobbyist Registration Act), (ii) relating
to collective | 18 | | bargaining, or (iii) that are
otherwise
in furtherance of the | 19 | | person's official
State duties or governmental and public | 20 | | service functions.
| 21 | | (6) Any member of the Board may be removed by the Governor | 22 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 23 | | in office or for engaging in any political activity.
| 24 | | (7) Before entering upon the discharge of the duties of | 25 | | his office, each
member of the Board shall take an oath that he | 26 | | will faithfully execute the
duties of his office according to |
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| 1 | | the laws of the State and the rules and
regulations adopted | 2 | | therewith and shall give bond to the State of Illinois,
| 3 | | approved by the Governor, in the sum of $25,000. Every such | 4 | | bond, when
duly executed and approved, shall be recorded in | 5 | | the office of the
Secretary of State. Whenever the Governor | 6 | | determines that the bond of any
member of the Board has become | 7 | | or is likely to become invalid or
insufficient, he shall | 8 | | require such member forthwith to renew his bond,
which is to be | 9 | | approved by the Governor. Any member of the Board who fails
to | 10 | | take oath and give bond within 30 days from the date of his | 11 | | appointment,
or who fails to renew his bond within 30 days | 12 | | after it is demanded by the
Governor, shall be guilty of | 13 | | neglect of duty and may be removed by the
Governor. The cost of | 14 | | any bond given by any member of the Board under this
Section | 15 | | shall be taken to be a part of the necessary expenses of the | 16 | | Board.
| 17 | | (7.5) For the examination of all mechanical, | 18 | | electromechanical, or electronic table games, slot machines, | 19 | | slot accounting systems, sports wagering systems, and other | 20 | | electronic gaming equipment, and the field inspection of such | 21 | | systems, games, and machines, for compliance with this Act, | 22 | | the Board shall utilize the services of independent outside | 23 | | testing laboratories that have been accredited in accordance | 24 | | with ISO/IEC 17025 by an accreditation body that is a | 25 | | signatory to the International Laboratory Accreditation | 26 | | Cooperation Mutual Recognition Agreement signifying they are |
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| 1 | | qualified to perform such examinations. Notwithstanding any | 2 | | law to the contrary, the Board shall consider the licensing of | 3 | | independent outside testing laboratory applicants in | 4 | | accordance with procedures established by the Board by rule. | 5 | | The Board shall not withhold its approval of an independent | 6 | | outside testing laboratory license applicant that has been | 7 | | accredited as required under this paragraph (7.5) and is | 8 | | licensed in gaming jurisdictions comparable to Illinois. Upon | 9 | | the finalization of required rules, the Board shall license | 10 | | independent testing laboratories and accept the test reports | 11 | | of any licensed testing laboratory of the system's, game's, or | 12 | | machine manufacturer's choice, notwithstanding the existence | 13 | | of contracts between the Board and any independent testing | 14 | | laboratory. | 15 | | (8) The Board shall employ such
personnel as may be | 16 | | necessary to carry out its functions and shall determine the | 17 | | salaries of all personnel, except those personnel whose | 18 | | salaries are determined under the terms of a collective | 19 | | bargaining agreement. No
person shall be employed to serve the | 20 | | Board who is, or whose spouse, parent
or child is, an official | 21 | | of, or has a financial interest in or financial
relation with, | 22 | | any operator engaged in gambling operations within this
State | 23 | | or any organization engaged in conducting horse racing within | 24 | | this
State. For the one year immediately preceding employment, | 25 | | an employee shall not have been employed or received | 26 | | compensation or fees for services from a person or entity, or |
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| 1 | | its parent or affiliate, that has engaged in business with the | 2 | | Board, a licensee, or a licensee under the Illinois Horse | 3 | | Racing Act of 1975. Any employee violating these prohibitions | 4 | | shall be subject to
termination of employment.
| 5 | | (9) An Administrator shall perform any and all duties that | 6 | | the Board
shall assign him. The salary of the Administrator | 7 | | shall be determined by
the Board and, in addition,
he shall be | 8 | | reimbursed for all actual and necessary expenses incurred by
| 9 | | him in discharge of his official duties. The Administrator | 10 | | shall keep
records of all proceedings of the Board and shall | 11 | | preserve all records,
books, documents and other papers | 12 | | belonging to the Board or entrusted to
its care. The | 13 | | Administrator shall devote his full time to the duties of
the | 14 | | office and shall not hold any other office or employment.
| 15 | | (b) The Board shall have general responsibility for the | 16 | | implementation
of this Act. Its duties include, without | 17 | | limitation, the following:
| 18 | | (1) To decide promptly and in reasonable order all | 19 | | license applications.
Any party aggrieved by an action of | 20 | | the Board denying, suspending,
revoking, restricting or | 21 | | refusing to renew a license may request a hearing
before | 22 | | the Board. A request for a hearing must be made to the | 23 | | Board in
writing within 5 days after service of notice of | 24 | | the action of the Board.
Notice of the action of the Board | 25 | | shall be served either by personal
delivery or by | 26 | | certified mail, postage prepaid, to the aggrieved party.
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| 1 | | Notice served by certified mail shall be deemed complete | 2 | | on the business
day following the date of such mailing. | 3 | | The Board shall conduct any such hearings promptly and in | 4 | | reasonable order;
| 5 | | (2) To conduct all hearings pertaining to civil | 6 | | violations of this Act
or rules and regulations | 7 | | promulgated hereunder;
| 8 | | (3) To promulgate such rules and regulations as in its | 9 | | judgment may be
necessary to protect or enhance the | 10 | | credibility and integrity of gambling
operations | 11 | | authorized by this Act and the regulatory process | 12 | | hereunder;
| 13 | | (4) To provide for the establishment and collection of | 14 | | all license and
registration fees and taxes imposed by | 15 | | this Act and the rules and
regulations issued pursuant | 16 | | hereto. All such fees and taxes shall be
deposited into | 17 | | the State Gaming Fund;
| 18 | | (5) To provide for the levy and collection of | 19 | | penalties and fines for the
violation of provisions of | 20 | | this Act and the rules and regulations
promulgated | 21 | | hereunder. All such fines and penalties shall be deposited
| 22 | | into the Education Assistance Fund, created by Public Act | 23 | | 86-0018, of the
State of Illinois;
| 24 | | (6) To be present through its inspectors and agents | 25 | | any time gambling
operations are conducted on any | 26 | | riverboat, in any casino, or at any organization gaming
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| 1 | | facility for the purpose of certifying the
revenue | 2 | | thereof, receiving complaints from the public, and | 3 | | conducting such
other investigations into the conduct of | 4 | | the gambling games and the
maintenance of the equipment as | 5 | | from time to time the Board may deem
necessary and proper;
| 6 | | (7) To review and rule upon any complaint by a | 7 | | licensee
regarding any investigative procedures of the | 8 | | State which are unnecessarily
disruptive of gambling | 9 | | operations. The need to inspect and investigate
shall be | 10 | | presumed at all times. The disruption of a licensee's | 11 | | operations
shall be proved by clear and convincing | 12 | | evidence, and establish that: (A)
the procedures had no | 13 | | reasonable law enforcement purposes, and (B) the
| 14 | | procedures were so disruptive as to unreasonably inhibit | 15 | | gambling operations;
| 16 | | (8) To hold at least one meeting each quarter of the | 17 | | fiscal
year. In addition, special meetings may be called | 18 | | by the Chairman or any 2
Board members upon 72 hours | 19 | | written notice to each member. All Board
meetings shall be | 20 | | subject to the Open Meetings Act. Three members of the
| 21 | | Board shall constitute a quorum, and 3 votes shall be | 22 | | required for any
final determination by the Board. The | 23 | | Board shall keep a complete and
accurate record of all its | 24 | | meetings. A majority of the members of the Board
shall | 25 | | constitute a quorum for the transaction of any business, | 26 | | for the
performance of any duty, or for the exercise of any |
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| 1 | | power which this Act
requires the Board members to | 2 | | transact, perform or exercise en banc, except
that, upon | 3 | | order of the Board, one of the Board members or an
| 4 | | administrative law judge designated by the Board may | 5 | | conduct any hearing
provided for under this Act or by | 6 | | Board rule and may recommend findings and
decisions to the | 7 | | Board. The Board member or administrative law judge
| 8 | | conducting such hearing shall have all powers and rights | 9 | | granted to the
Board in this Act. The record made at the | 10 | | time of the hearing shall be
reviewed by the Board, or a | 11 | | majority thereof, and the findings and decision
of the | 12 | | majority of the Board shall constitute the order of the | 13 | | Board in
such case;
| 14 | | (9) To maintain records which are separate and | 15 | | distinct from the records
of any other State board or | 16 | | commission. Such records shall be available
for public | 17 | | inspection and shall accurately reflect all Board | 18 | | proceedings;
| 19 | | (10) To file a written annual report with the Governor | 20 | | on or before
July 1 each year and such additional reports | 21 | | as the Governor may request.
The annual report shall | 22 | | include a statement of receipts and disbursements
by the | 23 | | Board, actions taken by the Board, and any additional | 24 | | information
and recommendations which the Board may deem | 25 | | valuable or which the Governor
may request;
| 26 | | (11) (Blank);
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| 1 | | (12) (Blank);
| 2 | | (13) To assume responsibility for administration and | 3 | | enforcement of the
Video Gaming Act; | 4 | | (13.1) To assume responsibility for the administration | 5 | | and enforcement
of operations at organization gaming | 6 | | facilities pursuant to this Act and the
Illinois Horse | 7 | | Racing Act of 1975; | 8 | | (13.2) To assume responsibility for the administration | 9 | | and enforcement
of the Sports Wagering Act; and | 10 | | (14) To adopt, by rule, a code of conduct governing | 11 | | Board members and employees that ensure, to the maximum | 12 | | extent possible, that persons subject to this Code avoid | 13 | | situations, relationships, or associations that may | 14 | | represent or lead to a conflict of interest.
| 15 | | Internal controls and changes submitted by licensees must | 16 | | be reviewed and either approved or denied with cause within 90 | 17 | | days after receipt of submission is deemed final by the | 18 | | Illinois Gaming Board. In the event an internal control | 19 | | submission or change does not meet the standards set by the | 20 | | Board, staff of the Board must provide technical assistance to | 21 | | the licensee to rectify such deficiencies within 90 days after | 22 | | the initial submission and the revised submission must be | 23 | | reviewed and approved or denied with cause within 90 days | 24 | | after the date the revised submission is deemed final by the | 25 | | Board. For the purposes of this paragraph, "with cause" means | 26 | | that the approval of the submission would jeopardize the |
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| 1 | | integrity of gaming. In the event the Board staff has not acted | 2 | | within the timeframe, the submission shall be deemed approved. | 3 | | (c) The Board shall have jurisdiction over and shall | 4 | | supervise all
gambling operations governed by this Act. The | 5 | | Board shall have all powers
necessary and proper to fully and | 6 | | effectively execute the provisions of
this Act, including, but | 7 | | not limited to, the following:
| 8 | | (1) To investigate applicants and determine the | 9 | | eligibility of
applicants for licenses and to select among | 10 | | competing applicants the
applicants which best serve the | 11 | | interests of the citizens of Illinois.
| 12 | | (2) To have jurisdiction and supervision over all | 13 | | riverboat gambling
operations authorized under this Act | 14 | | and all persons in places where gambling
operations are | 15 | | conducted.
| 16 | | (3) To promulgate rules and regulations for the | 17 | | purpose of administering
the provisions of this Act and to | 18 | | prescribe rules, regulations and
conditions under which | 19 | | all gambling operations subject to this
Act shall be
| 20 | | conducted. Such rules and regulations are to provide for | 21 | | the prevention of
practices detrimental to the public | 22 | | interest and for the best interests of
riverboat gambling, | 23 | | including rules and regulations regarding the
inspection | 24 | | of organization gaming facilities, casinos, and | 25 | | riverboats, and the review of any permits or licenses
| 26 | | necessary to operate a riverboat, casino, or organization |
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| 1 | | gaming facility under any laws or regulations applicable
| 2 | | to riverboats, casinos, or organization gaming facilities | 3 | | and to impose penalties for violations thereof.
| 4 | | (4) To enter the office, riverboats, casinos, | 5 | | organization gaming facilities, and
other facilities, or | 6 | | other
places of business of a licensee, where evidence of | 7 | | the compliance or
noncompliance with the provisions of | 8 | | this Act is likely to be found.
| 9 | | (5) To investigate alleged violations of this Act or | 10 | | the
rules of the Board and to take appropriate | 11 | | disciplinary
action against a licensee or a holder of an | 12 | | occupational license for a
violation, or institute | 13 | | appropriate legal action for enforcement, or both.
| 14 | | (6) To adopt standards for the licensing of all | 15 | | persons and entities under this Act,
as well as for | 16 | | electronic or mechanical gambling games, and to establish
| 17 | | fees for such licenses.
| 18 | | (7) To adopt appropriate standards for all | 19 | | organization gaming facilities, riverboats, casinos,
and | 20 | | other facilities authorized under this Act.
| 21 | | (8) To require that the records, including financial | 22 | | or other statements
of any licensee under this Act, shall | 23 | | be kept in such manner as prescribed
by the Board and that | 24 | | any such licensee involved in the ownership or
management | 25 | | of gambling operations submit to the Board an annual | 26 | | balance
sheet and profit and loss statement, list of the |
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| 1 | | stockholders or other
persons having a 1% or greater | 2 | | beneficial interest in the gambling
activities of each | 3 | | licensee, and any other information the Board deems
| 4 | | necessary in order to effectively administer this Act and | 5 | | all rules,
regulations, orders and final decisions | 6 | | promulgated under this Act.
| 7 | | (9) To conduct hearings, issue subpoenas for the | 8 | | attendance of
witnesses and subpoenas duces tecum for the | 9 | | production of books, records
and other pertinent documents | 10 | | in accordance with the Illinois
Administrative Procedure | 11 | | Act, and to administer oaths and affirmations to
the | 12 | | witnesses, when, in the judgment of the Board, it is | 13 | | necessary to
administer or enforce this Act or the Board | 14 | | rules.
| 15 | | (10) To prescribe a form to be used by any licensee | 16 | | involved in the
ownership or management of gambling | 17 | | operations as an
application for employment for their | 18 | | employees.
| 19 | | (11) To revoke or suspend licenses, as the Board may | 20 | | see fit and in
compliance with applicable laws of the | 21 | | State regarding administrative
procedures, and to review | 22 | | applications for the renewal of licenses. The
Board may | 23 | | suspend an owners license or an organization gaming | 24 | | license without notice or hearing upon a
determination | 25 | | that the safety or health of patrons or employees is
| 26 | | jeopardized by continuing a gambling operation conducted |
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| 1 | | under that license. The suspension may
remain in effect | 2 | | until the Board determines that the cause for suspension
| 3 | | has been abated. The Board may revoke an owners license or | 4 | | organization gaming license upon a
determination that the | 5 | | licensee has not made satisfactory progress toward
abating | 6 | | the hazard.
| 7 | | (12) To eject or exclude or authorize the ejection or | 8 | | exclusion of, any
person from gambling facilities where | 9 | | that person is in violation
of this Act, rules and | 10 | | regulations thereunder, or final orders of the
Board, or | 11 | | where such person's conduct or reputation is such that his | 12 | | or her
presence within the gambling facilities may, in the | 13 | | opinion of
the Board, call into question the honesty and | 14 | | integrity of the gambling
operations or interfere with the | 15 | | orderly conduct thereof; provided that the
propriety of | 16 | | such ejection or exclusion is subject to subsequent | 17 | | hearing
by the Board.
| 18 | | (13) To require all licensees of gambling operations | 19 | | to utilize a
cashless wagering system whereby all players' | 20 | | money is converted to tokens,
electronic cards, or chips | 21 | | which shall be used only for wagering in the
gambling | 22 | | establishment.
| 23 | | (14) (Blank).
| 24 | | (15) To suspend, revoke or restrict licenses, to | 25 | | require the
removal of a licensee or an employee of a | 26 | | licensee for a violation of this
Act or a Board rule or for |
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| 1 | | engaging in a fraudulent practice, and to
impose civil | 2 | | penalties of up to $5,000 against individuals and up to
| 3 | | $10,000 or an amount equal to the daily gross receipts, | 4 | | whichever is
larger, against licensees for each violation | 5 | | of any provision of the Act, any rules adopted by the | 6 | | Board, any order of the Board or any other action
which, in | 7 | | the Board's discretion, is a detriment or impediment to
| 8 | | gambling operations.
| 9 | | (16) To hire employees to gather information, conduct | 10 | | investigations
and carry out any other tasks contemplated | 11 | | under this Act.
| 12 | | (17) To establish minimum levels of insurance to be | 13 | | maintained by
licensees.
| 14 | | (18) To authorize a licensee to sell or serve | 15 | | alcoholic liquors, wine or
beer as defined in the Liquor | 16 | | Control Act of 1934 on board a riverboat or in a casino
and | 17 | | to have exclusive authority to establish the hours for | 18 | | sale and
consumption of alcoholic liquor on board a | 19 | | riverboat or in a casino, notwithstanding any
provision of | 20 | | the Liquor Control Act of 1934 or any local ordinance, and
| 21 | | regardless of whether the riverboat makes excursions. The
| 22 | | establishment of the hours for sale and consumption of | 23 | | alcoholic liquor on
board a riverboat or in a casino is an | 24 | | exclusive power and function of the State. A home
rule | 25 | | unit may not establish the hours for sale and consumption | 26 | | of alcoholic
liquor on board a riverboat or in a casino. |
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| 1 | | This subdivision (18) is a denial and
limitation of home | 2 | | rule powers and functions under subsection (h) of
Section | 3 | | 6 of Article VII of the Illinois Constitution.
| 4 | | (19) After consultation with the U.S. Army Corps of | 5 | | Engineers, to
establish binding emergency orders upon the | 6 | | concurrence of a majority of
the members of the Board | 7 | | regarding the navigability of water, relative to
| 8 | | excursions,
in the event
of extreme weather conditions, | 9 | | acts of God or other extreme circumstances.
| 10 | | (20) To delegate the execution of any of its powers | 11 | | under this Act for
the purpose of administering and | 12 | | enforcing this Act and the rules adopted by the Board.
| 13 | | (20.5) To approve any contract entered into on its | 14 | | behalf.
| 15 | | (20.6) To appoint investigators to conduct | 16 | | investigations, searches, seizures, arrests, and other | 17 | | duties imposed under this Act, as deemed necessary by the | 18 | | Board. These investigators have and may exercise all of | 19 | | the rights and powers of peace officers, provided that | 20 | | these powers shall be limited to offenses or violations | 21 | | occurring or committed in a casino, in an organization | 22 | | gaming facility, or on a riverboat or dock, as defined in | 23 | | subsections (d) and (f) of Section 4, or as otherwise | 24 | | provided by this Act or any other law. | 25 | | (20.7) To contract with the Illinois State Police for | 26 | | the use of trained and qualified State police officers and |
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| 1 | | with the Department of Revenue for the use of trained and | 2 | | qualified Department of Revenue investigators to conduct | 3 | | investigations, searches, seizures, arrests, and other | 4 | | duties imposed under this Act and to exercise all of the | 5 | | rights and powers of peace officers, provided that the | 6 | | powers of Department of Revenue investigators under this | 7 | | subdivision (20.7) shall be limited to offenses or | 8 | | violations occurring or committed in a casino, in an | 9 | | organization gaming facility, or on a riverboat or dock, | 10 | | as defined in subsections (d) and (f) of Section 4, or as | 11 | | otherwise provided by this Act or any other law. In the | 12 | | event the Illinois State Police or the Department of | 13 | | Revenue is unable to fill contracted police or | 14 | | investigative positions, the Board may appoint | 15 | | investigators to fill those positions pursuant to | 16 | | subdivision (20.6).
| 17 | | (21) To adopt rules concerning the conduct of gaming | 18 | | pursuant to an organization gaming license issued under | 19 | | this Act. | 20 | | (22) To have the same jurisdiction and supervision | 21 | | over casinos and organization gaming facilities as the | 22 | | Board has over riverboats, including, but not limited to, | 23 | | the power to (i) investigate, review, and approve | 24 | | contracts as that power is applied to riverboats, (ii) | 25 | | adopt rules for administering the provisions of this Act, | 26 | | (iii) adopt standards for the licensing of all persons |
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| 1 | | involved with a casino or organization gaming facility, | 2 | | (iv) investigate alleged violations of this Act by any | 3 | | person involved with a casino or organization gaming | 4 | | facility, and (v) require that records, including | 5 | | financial or other statements of any casino or | 6 | | organization gaming facility, shall be kept in such manner | 7 | | as prescribed by the Board.
| 8 | | (23) To take any other action as may be reasonable or | 9 | | appropriate to
enforce this Act and the rules adopted by | 10 | | the Board.
| 11 | | (d) The Board may seek and shall receive the cooperation | 12 | | of the
Illinois State Police in conducting background | 13 | | investigations of
applicants and in fulfilling its | 14 | | responsibilities under
this Section. Costs incurred by the | 15 | | Illinois State Police as
a result of such cooperation shall be | 16 | | paid by the Board in conformance
with the requirements of | 17 | | Section 2605-400 of the Illinois State Police Law.
| 18 | | (e) The Board must authorize to each investigator and to | 19 | | any other
employee of the Board exercising the powers of a | 20 | | peace officer a distinct badge
that, on its face, (i) clearly | 21 | | states that the badge is authorized by the Board
and
(ii) | 22 | | contains a unique identifying number. No other badge shall be | 23 | | authorized
by the Board.
| 24 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
| 25 | | Section 105. The Environmental Justice Act is amended by |
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| 1 | | changing Section 10 as follows: | 2 | | (415 ILCS 155/10) | 3 | | Sec. 10. Commission on Environmental Justice. | 4 | | (a) The Commission on Environmental Justice is established | 5 | | and consists of the following 24 voting members: | 6 | | (1) 2 members of the Senate, one appointed by the | 7 | | President of the Senate and the other by the Minority | 8 | | Leader of the Senate, each to serve at the pleasure of the | 9 | | appointing officer; | 10 | | (2) 2 members of the House of Representatives, one | 11 | | appointed by the Speaker of the House of Representatives | 12 | | and the other by the Minority Leader of the House of | 13 | | Representatives, each to serve at the pleasure of the | 14 | | appointing officer; | 15 | | (3) the following ex officio members: the Director of | 16 | | Commerce and Economic Opportunity or his or her designee, | 17 | | the Director of the Environmental Protection Agency or his | 18 | | or her designee, the Director of Natural Resources or his | 19 | | or her designee, the Director of Public Health or his or | 20 | | her designee, the Secretary of Transportation or his or | 21 | | her designee, and a representative of the housing office | 22 | | of the Department of Human Services appointed by the | 23 | | Secretary of Human Services;
and | 24 | | (4) 14 members appointed by the Governor who represent | 25 | | the following interests: |
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| 1 | | (i) at least 4 members of affected communities | 2 | | concerned with environmental justice; | 3 | | (ii) at least 2 members of business organizations | 4 | | including one member representing a statewide | 5 | | organization representing manufacturers and one member | 6 | | representing an organization representing the energy | 7 | | sector; | 8 | | (iii) environmental organizations; | 9 | | (iv) experts on environmental health and | 10 | | environmental justice; | 11 | | (v) units of local government; | 12 | | (vi) members of the general public who have an | 13 | | interest or expertise in environmental justice; and | 14 | | (vii) at least 2 members of labor organizations | 15 | | including one member from a statewide labor federation | 16 | | representing more than one international union and one | 17 | | member from an organization representing workers in | 18 | | the energy sector. | 19 | | (b) Of the initial members of the Commission appointed | 20 | | by the Governor, 5 shall serve for a 2-year term and 5 | 21 | | shall serve for a 1-year term, as designated by the | 22 | | Governor at the time of appointment. The Thereafter, the | 23 | | members appointed by the Governor for terms beginning | 24 | | before the effective date of this amendatory Act of the | 25 | | 102nd General Assembly shall serve 2-year terms. Members | 26 | | appointed by the Governor for terms beginning on or after |
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| 1 | | the effective date of this amendatory Act of the 102nd | 2 | | General Assembly shall serve 4-year terms. Vacancies shall | 3 | | be filled in the same manner as appointments. Members of | 4 | | the Commission appointed by the Governor may not receive | 5 | | compensation for their service on the Commission and are | 6 | | not entitled to reimbursement for expenses. | 7 | | (c) The Governor shall designate a Chairperson from among | 8 | | the Commission's members. The Commission shall meet at the | 9 | | call of the Chairperson, but no later than 90 days after the | 10 | | effective date of this Act and at least quarterly thereafter. | 11 | | (d) The Commission shall: | 12 | | (1) advise State entities on environmental justice and | 13 | | related community issues; | 14 | | (2) review and analyze the impact of current State | 15 | | laws and policies on the issue of environmental justice | 16 | | and sustainable communities; | 17 | | (3) assess the adequacy of State and local laws to | 18 | | address the issue of environmental justice and sustainable | 19 | | communities; | 20 | | (4) develop criteria to assess whether communities in | 21 | | the State may be experiencing environmental justice | 22 | | issues; and | 23 | | (5) recommend options to the Governor for addressing | 24 | | issues, concerns, or problems related to environmental | 25 | | justice that surface after reviewing State laws and | 26 | | policies, including prioritizing areas of the State that |
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| 1 | | need immediate attention. | 2 | | (e) On or before October 1, 2011 and each October 1 | 3 | | thereafter, the Commission shall report its findings and | 4 | | recommendations to the Governor and General Assembly. | 5 | | (f) The Environmental Protection Agency shall provide | 6 | | administrative and other support to the Commission.
| 7 | | (Source: P.A. 99-541, eff. 1-1-17 .)
| 8 | | Section 110. The Firearm Owners Identification Card Act is | 9 | | amended by changing Section 10 as follows:
| 10 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 11 | | Sec. 10. Appeals; hearing; relief from firearm | 12 | | prohibitions. | 13 | | (a) Whenever an application for a Firearm Owner's | 14 | | Identification
Card is denied or whenever such a Card is | 15 | | revoked or seized
as provided for in Section 8 of this Act, the | 16 | | aggrieved party may
(1) file a record challenge with the | 17 | | Director regarding the record upon which the decision to deny | 18 | | or revoke the Firearm Owner's Identification Card was based | 19 | | under subsection (a-5); or (2) appeal
to the Director of the | 20 | | Illinois State Police through December 31, 2022, or beginning | 21 | | January 1, 2023, the Firearm Owner's Identification Card | 22 | | Review Board for a hearing seeking relief from
such denial or | 23 | | revocation unless the denial or revocation
was based upon a | 24 | | forcible felony, stalking, aggravated stalking, domestic
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| 1 | | battery, any violation of the Illinois Controlled Substances | 2 | | Act, the Methamphetamine Control and Community Protection Act, | 3 | | or the
Cannabis Control Act that is classified as a Class 2 or | 4 | | greater felony,
any
felony violation of Article 24 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, or any
| 6 | | adjudication as a delinquent minor for the commission of an
| 7 | | offense that if committed by an adult would be a felony, in | 8 | | which case the
aggrieved party may petition the circuit court | 9 | | in writing in the county of
his or her residence for a hearing | 10 | | seeking relief from such denial or revocation.
| 11 | | (a-5) There is created a Firearm Owner's Identification | 12 | | Card Review Board to consider any appeal under subsection (a) | 13 | | beginning January 1, 2023, other than an appeal directed to | 14 | | the circuit court and except when the applicant is challenging | 15 | | the record upon which the decision to deny or revoke was based | 16 | | as provided in subsection (a-10). | 17 | | (0.05) In furtherance of the policy of this Act that | 18 | | the Board shall exercise its powers and duties in an | 19 | | independent manner, subject to the provisions of this Act | 20 | | but free from the direction, control, or influence of any | 21 | | other agency or department of State government. All | 22 | | expenses and liabilities incurred by the Board in the | 23 | | performance of its responsibilities hereunder shall be | 24 | | paid from funds which shall be appropriated to the Board | 25 | | by the General Assembly for the ordinary and contingent | 26 | | expenses of the Board. |
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| 1 | | (1) The Board shall consist of 7 members appointed by | 2 | | the Governor, with the advice and consent of the Senate, | 3 | | with 3 members residing within the First Judicial District | 4 | | and one member residing within each of the 4 remaining | 5 | | Judicial Districts. No more than 4 members shall be | 6 | | members of the same political party. The Governor shall | 7 | | designate one member as the chairperson. The members shall | 8 | | have actual experience in law, education, social work, | 9 | | behavioral sciences, law enforcement, or community affairs | 10 | | or in a combination of those areas. The Board shall | 11 | | consist of: | 12 | | (A) one member with at least 5 years of service as | 13 | | a federal or State judge; | 14 | | (B) one member with at least 5 years of experience | 15 | | serving as an attorney with the United States | 16 | | Department of Justice, or as a State's Attorney or | 17 | | Assistant State's Attorney; | 18 | | (C) one member with at least 5 years of experience | 19 | | serving as a State or federal public defender or | 20 | | assistant public defender; | 21 | | (D) three members with at least 5 years of | 22 | | experience as a federal, State, or local law | 23 | | enforcement agent or as an employee with investigative | 24 | | experience or duties related to criminal justice under | 25 | | the United States Department of Justice, Drug | 26 | | Enforcement Administration, Department of Homeland |
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| 1 | | Security, Federal Bureau of Investigation, or a State | 2 | | or local law enforcement agency; and | 3 | | (E) one member with at least 5 years of experience | 4 | | as a licensed physician or clinical psychologist with | 5 | | expertise in the diagnosis and treatment of mental | 6 | | illness. | 7 | | (2) The terms of the members initially appointed after | 8 | | January 1, 2022 (the effective date of Public Act 102-237) | 9 | | shall be as follows: one of
the initial members shall be | 10 | | appointed for a term of one year, 3 shall be
appointed for | 11 | | terms of 2 years, and 3 shall be appointed for terms of 4 | 12 | | years. Thereafter, members shall hold office for 4 years, | 13 | | with terms expiring on the second Monday in January | 14 | | immediately following the expiration of their terms and | 15 | | every 4 years thereafter. Members may be reappointed. | 16 | | Vacancies in the office of member shall be filled in the | 17 | | same manner as the original appointment, for the remainder | 18 | | of the unexpired term. The Governor may remove a member | 19 | | for incompetence, neglect of duty, malfeasance, or | 20 | | inability to serve. Members shall receive compensation in | 21 | | an amount equal to the compensation of members of the | 22 | | Executive Ethics Commission and may be reimbursed, from | 23 | | funds appropriated for such a purpose, for reasonable | 24 | | expenses actually incurred in the performance of their | 25 | | Board duties. The Illinois State Police shall designate an | 26 | | employee to serve as Executive Director of the Board and |
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| 1 | | provide logistical and administrative assistance to the | 2 | | Board. | 3 | | (3) The Board shall meet at least quarterly each year | 4 | | and at the call of the chairperson as often as necessary to | 5 | | consider appeals of decisions made with respect to | 6 | | applications for a Firearm Owner's Identification Card | 7 | | under this Act. If necessary to ensure the participation | 8 | | of a member, the Board shall allow a member to participate | 9 | | in a Board meeting by electronic communication. Any member | 10 | | participating electronically shall be deemed present for | 11 | | purposes of establishing a quorum and voting. | 12 | | (4) The Board shall adopt rules for the review of | 13 | | appeals and the conduct of hearings. The Board shall | 14 | | maintain a record of its decisions and all materials | 15 | | considered in making its decisions. All Board decisions | 16 | | and voting records shall be kept confidential and all | 17 | | materials considered by the Board shall be exempt from | 18 | | inspection except upon order of a court. | 19 | | (5) In considering an appeal, the Board shall review | 20 | | the materials received concerning the denial or revocation | 21 | | by the Illinois State Police. By a vote of at least 4 | 22 | | members, the Board may request additional information from | 23 | | the Illinois State Police or the applicant or the | 24 | | testimony of the Illinois State Police or the applicant. | 25 | | The Board may require that the applicant submit electronic | 26 | | fingerprints to the Illinois State Police for an updated |
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| 1 | | background check if the Board determines it lacks | 2 | | sufficient information to determine eligibility. The Board | 3 | | may consider information submitted by the Illinois State | 4 | | Police, a law enforcement agency, or the applicant. The | 5 | | Board shall review each denial or revocation and determine | 6 | | by a majority of members whether an applicant should be | 7 | | granted relief under subsection (c). | 8 | | (6) The Board shall by order issue summary decisions. | 9 | | The Board shall issue a decision within 45 days of | 10 | | receiving all completed appeal documents from the Illinois | 11 | | State Police and the applicant. However, the Board need | 12 | | not issue a decision within 45 days if: | 13 | | (A) the Board requests information from the | 14 | | applicant, including, but not limited to, electronic | 15 | | fingerprints to be submitted to the Illinois State | 16 | | Police, in accordance with paragraph (5) of this | 17 | | subsection, in which case the Board shall make a | 18 | | decision within 30 days of receipt of the required | 19 | | information from the applicant; | 20 | | (B) the applicant agrees, in writing, to allow the | 21 | | Board additional time to consider an appeal; or | 22 | | (C) the Board notifies the applicant and the | 23 | | Illinois State Police that the Board needs an | 24 | | additional 30 days to issue a decision. The Board may | 25 | | only issue 2 extensions under this subparagraph (C). | 26 | | The Board's notification to the applicant and the |
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| 1 | | Illinois State Police shall include an explanation for | 2 | | the extension. | 3 | | (7) If the Board determines that the applicant is | 4 | | eligible for relief under subsection (c), the Board shall | 5 | | notify the applicant and the Illinois State Police that | 6 | | relief has been granted and the Illinois State Police | 7 | | shall issue the Card. | 8 | | (8) Meetings of the Board shall not be subject to the | 9 | | Open Meetings Act and records of the Board shall not be | 10 | | subject to the Freedom of Information Act. | 11 | | (9) The Board shall report monthly to the Governor and | 12 | | the General Assembly on the number of appeals received and | 13 | | provide details of the circumstances in which the Board | 14 | | has determined to deny Firearm Owner's Identification | 15 | | Cards under this subsection (a-5). The report shall not | 16 | | contain any identifying information about the applicants. | 17 | | (a-10) Whenever an applicant or cardholder is not seeking | 18 | | relief from a firearms prohibition under subsection (c) but | 19 | | rather does not believe the applicant is appropriately denied | 20 | | or revoked and is challenging the record upon which the | 21 | | decision to deny or revoke the Firearm Owner's Identification | 22 | | Card was based, or whenever the Illinois State Police fails to | 23 | | act on an application within 30 days of its receipt, the | 24 | | applicant shall file such challenge with the Director. The | 25 | | Director shall render a decision within 60 business days of | 26 | | receipt of all information supporting the challenge. The |
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| 1 | | Illinois State Police shall adopt rules for the review of a | 2 | | record challenge. | 3 | | (b) At least 30 days before any hearing in the circuit | 4 | | court, the
petitioner shall serve the
relevant State's | 5 | | Attorney with a copy of the petition. The State's Attorney
may | 6 | | object to the petition and present evidence. At the hearing, | 7 | | the court
shall
determine whether substantial justice has been | 8 | | done. Should the court
determine that substantial justice has | 9 | | not been done, the court shall issue an
order directing the | 10 | | Illinois State Police to issue a Card. However, the court | 11 | | shall not issue the order if the petitioner is otherwise | 12 | | prohibited from obtaining, possessing, or using a firearm | 13 | | under
federal law.
| 14 | | (c) Any person prohibited from possessing a firearm under | 15 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | 16 | | acquiring a Firearm Owner's
Identification Card under Section | 17 | | 8 of this Act may apply to
the Firearm Owner's Identification | 18 | | Card Review Board
or petition the circuit court in the county | 19 | | where the petitioner resides,
whichever is applicable in | 20 | | accordance with subsection (a) of this Section,
requesting | 21 | | relief
from such prohibition and the Board or court may grant | 22 | | such relief if it
is
established by the applicant to the | 23 | | court's or the Board's satisfaction
that:
| 24 | | (0.05) when in the circuit court, the State's Attorney | 25 | | has been served
with a written
copy of the
petition at | 26 | | least 30 days before any such hearing in the circuit court |
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| 1 | | and at
the hearing the
State's Attorney was afforded an | 2 | | opportunity to present evidence and object to
the | 3 | | petition;
| 4 | | (1) the applicant has not been convicted of a forcible | 5 | | felony under the
laws of this State or any other | 6 | | jurisdiction within 20 years of the
applicant's | 7 | | application for a Firearm Owner's Identification Card, or | 8 | | at
least 20 years have passed since the end of any period | 9 | | of imprisonment
imposed in relation to that conviction;
| 10 | | (2) the circumstances regarding a criminal conviction, | 11 | | where applicable,
the applicant's criminal history and his | 12 | | reputation are such that the applicant
will not be likely | 13 | | to act in a manner dangerous to public safety;
| 14 | | (3) granting relief would not be contrary to the | 15 | | public interest; and | 16 | | (4) granting relief would not be contrary to federal | 17 | | law.
| 18 | | (c-5) (1) An active law enforcement officer employed by a | 19 | | unit of government or a Department of Corrections employee | 20 | | authorized to possess firearms who is denied, revoked, or has | 21 | | his or her Firearm Owner's Identification Card seized under | 22 | | subsection (e) of Section 8 of this Act may apply to the | 23 | | Firearm Owner's Identification Card Review Board requesting | 24 | | relief if the officer or employee did not act in a manner | 25 | | threatening to the officer or employee, another person, or the | 26 | | public as determined by the treating clinical psychologist or |
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| 1 | | physician, and as a result of his or her work is referred by | 2 | | the employer for or voluntarily seeks mental health evaluation | 3 | | or treatment by a licensed clinical psychologist, | 4 | | psychiatrist, or qualified examiner, and: | 5 | | (A) the officer or employee has not received treatment | 6 | | involuntarily at a mental health facility, regardless of | 7 | | the length of admission; or has not been voluntarily | 8 | | admitted to a mental health facility for more than 30 days | 9 | | and not for more than one incident within the past 5 years; | 10 | | and | 11 | | (B) the officer or employee has not left the mental | 12 | | institution against medical advice. | 13 | | (2) The Firearm Owner's Identification Card Review Board | 14 | | shall grant expedited relief to active law enforcement | 15 | | officers and employees described in paragraph (1) of this | 16 | | subsection (c-5) upon a determination by the Board that the | 17 | | officer's or employee's possession of a firearm does not | 18 | | present a threat to themselves, others, or public safety. The | 19 | | Board shall act on the request for relief within 30 business | 20 | | days of receipt of: | 21 | | (A) a notarized statement from the officer or employee | 22 | | in the form prescribed by the Board detailing the | 23 | | circumstances that led to the hospitalization; | 24 | | (B) all documentation regarding the admission, | 25 | | evaluation, treatment and discharge from the treating | 26 | | licensed clinical psychologist or psychiatrist of the |
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| 1 | | officer; | 2 | | (C) a psychological fitness for duty evaluation of the | 3 | | person completed after the time of discharge; and | 4 | | (D) written confirmation in the form prescribed by the | 5 | | Board from the treating licensed clinical psychologist or | 6 | | psychiatrist that the provisions set forth in paragraph | 7 | | (1) of this subsection (c-5) have been met, the person | 8 | | successfully completed treatment, and their professional | 9 | | opinion regarding the person's ability to possess | 10 | | firearms. | 11 | | (3) Officers and employees eligible for the expedited | 12 | | relief in paragraph (2) of this subsection (c-5) have the | 13 | | burden of proof on eligibility and must provide all | 14 | | information required. The Board may not consider granting | 15 | | expedited relief until the proof and information is received. | 16 | | (4) "Clinical psychologist", "psychiatrist", and | 17 | | "qualified examiner" shall have the same meaning as provided | 18 | | in Chapter I of the Mental Health and Developmental | 19 | | Disabilities Code. | 20 | | (c-10) (1) An applicant, who is denied, revoked, or has | 21 | | his or her Firearm Owner's Identification Card seized under | 22 | | subsection (e) of Section 8 of this Act based upon a | 23 | | determination of a developmental disability or an intellectual | 24 | | disability may apply to the Firearm Owner's Identification | 25 | | Card Review Board requesting relief. | 26 | | (2) The Board shall act on the request for relief within 60 |
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| 1 | | business days of receipt of written certification, in the form | 2 | | prescribed by the Board, from a physician or clinical | 3 | | psychologist, or qualified examiner, that the aggrieved | 4 | | party's developmental disability or intellectual disability | 5 | | condition is determined by a physician, clinical psychologist, | 6 | | or qualified to be mild. If a fact-finding conference is | 7 | | scheduled to obtain additional information concerning the | 8 | | circumstances of the denial or revocation, the 60 business | 9 | | days the Director has to act shall be tolled until the | 10 | | completion of the fact-finding conference. | 11 | | (3) The Board may grant relief if the aggrieved party's | 12 | | developmental disability or intellectual disability is mild as | 13 | | determined by a physician, clinical psychologist, or qualified | 14 | | examiner and it is established by the applicant to the Board's | 15 | | satisfaction that: | 16 | | (A) granting relief would not be contrary to the | 17 | | public interest; and | 18 | | (B) granting relief would not be contrary to federal | 19 | | law. | 20 | | (4) The Board may not grant relief if the condition is | 21 | | determined by a physician, clinical psychologist, or qualified | 22 | | examiner to be moderate, severe, or profound. | 23 | | (5) The changes made to this Section by Public Act 99-29 | 24 | | apply to requests for
relief pending on or before July 10, 2015 | 25 | | (the effective date of Public Act 99-29), except that the | 26 | | 60-day period for the Director to act on requests pending |
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| 1 | | before the effective date shall begin
on July 10, 2015 (the | 2 | | effective date of Public Act 99-29). All appeals as provided | 3 | | in subsection (a-5) pending on January 1, 2023 shall be | 4 | | considered by the Board. | 5 | | (d) When a minor is adjudicated delinquent for an offense | 6 | | which if
committed by an adult would be a felony, the court | 7 | | shall notify the Illinois State Police.
| 8 | | (e) The court shall review the denial of an application or | 9 | | the revocation of
a Firearm Owner's Identification Card of a | 10 | | person who has been adjudicated
delinquent for an offense that | 11 | | if
committed by an adult would be a felony if an
application | 12 | | for relief has been filed at least 10 years after the | 13 | | adjudication
of delinquency and the court determines that the | 14 | | applicant should be
granted relief from disability to obtain a | 15 | | Firearm Owner's Identification Card.
If the court grants | 16 | | relief, the court shall notify the Illinois State
Police that | 17 | | the disability has
been removed and that the applicant is | 18 | | eligible to obtain a Firearm Owner's
Identification Card.
| 19 | | (f) Any person who is subject to the disabilities of 18 | 20 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | 21 | | of 1968 because of an adjudication or commitment that occurred | 22 | | under the laws of this State or who was determined to be | 23 | | subject to the provisions of subsections (e), (f), or (g) of | 24 | | Section 8 of this Act may apply to the Illinois State Police | 25 | | requesting relief from that prohibition. The Board shall grant | 26 | | the relief if it is established by a preponderance of the |
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| 1 | | evidence that the person will not be likely to act in a manner | 2 | | dangerous to public safety and that granting relief would not | 3 | | be contrary to the public interest. In making this | 4 | | determination, the Board shall receive evidence concerning (i) | 5 | | the circumstances regarding the firearms disabilities from | 6 | | which relief is sought; (ii) the petitioner's mental health | 7 | | and criminal history records, if any; (iii) the petitioner's | 8 | | reputation, developed at a minimum through character witness | 9 | | statements, testimony, or other character evidence; and (iv) | 10 | | changes in the petitioner's condition or circumstances since | 11 | | the disqualifying events relevant to the relief sought. If | 12 | | relief is granted under this subsection or by order of a court | 13 | | under this Section, the Director shall as soon as practicable | 14 | | but in no case later than 15 business days, update, correct, | 15 | | modify, or remove the person's record in any database that the | 16 | | Illinois State Police makes available to the National Instant | 17 | | Criminal Background Check System and notify the United States | 18 | | Attorney General that the basis for the record being made | 19 | | available no longer applies. The Illinois State Police shall | 20 | | adopt rules for the administration of this Section. | 21 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 22 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
| 23 | | Section 115. The Firearm Concealed Carry Act is amended by | 24 | | changing Section 20 as follows: |
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| 1 | | (430 ILCS 66/20)
| 2 | | Sec. 20. Concealed Carry Licensing Review Board. | 3 | | (a) There is hereby created within the Illinois State | 4 | | Police a Concealed Carry Licensing Review Board to consider | 5 | | any objection to an applicant's eligibility to obtain a | 6 | | license under this Act submitted by a law enforcement agency | 7 | | or the Illinois State Police under Section 15 of this Act. The | 8 | | Board shall consist of 7 commissioners to be appointed by the | 9 | | Governor, with the advice and consent of the Senate, with 3 | 10 | | commissioners residing within the First Judicial District and | 11 | | one commissioner residing within each of the 4 remaining | 12 | | Judicial Districts. No more than 4 commissioners shall be | 13 | | members of the same political party. The Governor shall | 14 | | designate one commissioner as the Chairperson. The members | 15 | | shall have actual experience in law, education, social work, | 16 | | behavioral sciences, law enforcement, or community affairs or | 17 | | in a combination of those areas. The Board shall consist of: | 18 | | (1) one commissioner with at least 5 years of service | 19 | | as a federal judge; | 20 | | (2) 2 commissioners with at least 5 years of | 21 | | experience serving as an attorney with the United States | 22 | | Department of Justice; | 23 | | (3) 3 commissioners with at least 5 years of | 24 | | experience as a federal agent or employee with | 25 | | investigative experience or duties related to criminal | 26 | | justice under the United States Department of Justice, |
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| 1 | | Drug Enforcement Administration, Department of Homeland | 2 | | Security, or Federal Bureau of Investigation; and | 3 | | (4) one member with at least 5 years of experience as a | 4 | | licensed physician or clinical psychologist with expertise | 5 | | in the diagnosis and treatment of mental illness. | 6 | | (b) The initial terms of the commissioners shall end on | 7 | | January 12, 2015. Notwithstanding any provision in this | 8 | | Section to the contrary, the term
of office of each | 9 | | commissioner of the Concealed Carry Licensing Review Board is | 10 | | abolished on January 1, 2022 (the effective date of Public Act | 11 | | 102-237). The terms of the commissioners appointed on or after | 12 | | January 1, 2022 (the effective date of Public Act 102-237) | 13 | | shall be as follows: one of
the initial members shall be | 14 | | appointed for a term of one year, 3 shall be
appointed for | 15 | | terms of 2 years, and 3 shall be appointed for terms of 4 | 16 | | years. Thereafter, the commissioners shall hold office for 4 | 17 | | years, with terms expiring on the second Monday in January of | 18 | | the fourth year. Commissioners may be reappointed. Vacancies | 19 | | in the office of commissioner shall be filled in the same | 20 | | manner as the original appointment, for the remainder of the | 21 | | unexpired term. The Governor may remove a commissioner for | 22 | | incompetence, neglect of duty, malfeasance, or inability to | 23 | | serve. Commissioners shall receive compensation in an amount | 24 | | equal to the compensation of members of the Executive Ethics | 25 | | Commission and may be reimbursed for reasonable expenses | 26 | | actually incurred in the performance of their Board duties, |
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| 1 | | from funds appropriated for that purpose. | 2 | | (c) The Board shall meet at the call of the chairperson as | 3 | | often as necessary to consider objections to applications for | 4 | | a license under this Act. If necessary to ensure the | 5 | | participation of a commissioner, the Board shall allow a | 6 | | commissioner to participate in a Board meeting by electronic | 7 | | communication. Any commissioner participating electronically | 8 | | shall be deemed present for purposes of establishing a quorum | 9 | | and voting. | 10 | | (d) The Board shall adopt rules for the review of | 11 | | objections and the conduct of hearings. The Board shall | 12 | | maintain a record of its decisions and all materials | 13 | | considered in making its decisions. All Board decisions and | 14 | | voting records shall be kept confidential and all materials | 15 | | considered by the Board shall be exempt from inspection except | 16 | | upon order of a court. | 17 | | (e) In considering an objection of a law enforcement | 18 | | agency or the Illinois State Police, the Board shall review | 19 | | the materials received with the objection from the law | 20 | | enforcement agency or the Illinois State Police. By a vote of | 21 | | at least 4 commissioners, the Board may request additional | 22 | | information from the law enforcement agency, Illinois State | 23 | | Police, or the applicant, or the testimony of the law | 24 | | enforcement agency, Illinois State Police, or the applicant. | 25 | | The Board may require that the applicant submit electronic | 26 | | fingerprints to the Illinois State Police for an updated |
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| 1 | | background check where the Board determines it lacks | 2 | | sufficient information to determine eligibility. The Board may | 3 | | only consider information submitted by the Illinois State | 4 | | Police, a law enforcement agency, or the applicant. The Board | 5 | | shall review each objection and determine by a majority of | 6 | | commissioners whether an applicant is eligible for a license. | 7 | | (f) The Board shall issue a decision within 30 days of | 8 | | receipt of the objection from the Illinois State Police. | 9 | | However, the Board need not issue a decision within 30 days if: | 10 | | (1) the Board requests information from the applicant, | 11 | | including but not limited to electronic fingerprints to be | 12 | | submitted to the Illinois State Police, in accordance with | 13 | | subsection (e) of this Section, in which case the Board | 14 | | shall make a decision within 30 days of receipt of the | 15 | | required information from the applicant; | 16 | | (2) the applicant agrees, in writing, to allow the | 17 | | Board additional time to consider an objection; or | 18 | | (3) the Board notifies the applicant and the Illinois | 19 | | State Police that the Board needs an additional 30 days to | 20 | | issue a decision. | 21 | | (g) If the Board determines by a preponderance of the | 22 | | evidence that the applicant poses a danger to himself or | 23 | | herself or others, or is a threat to public safety, then the | 24 | | Board shall affirm the objection of the law enforcement agency | 25 | | or the Illinois State Police and shall notify the Illinois | 26 | | State Police that the applicant is ineligible for a license. |
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| 1 | | If the Board does not determine by a preponderance of the | 2 | | evidence that the applicant poses a danger to himself or | 3 | | herself or others, or is a threat to public safety, then the | 4 | | Board shall notify the Illinois State Police that the | 5 | | applicant is eligible for a license. | 6 | | (h) Meetings of the Board shall not be subject to the Open | 7 | | Meetings Act and records of the Board shall not be subject to | 8 | | the Freedom of Information Act. | 9 | | (i) The Board shall report monthly to the Governor and the | 10 | | General Assembly on the number of objections received and | 11 | | provide details of the circumstances in which the Board has | 12 | | determined to deny licensure based on law enforcement or | 13 | | Illinois State Police objections under Section 15 of this Act. | 14 | | The report shall not contain any identifying information about | 15 | | the applicants.
| 16 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 17 | | 102-813, eff. 5-13-22.) | 18 | | (615 ILCS 60/Act rep.) | 19 | | Section 120. The Des Plaines and Illinois Rivers Act is | 20 | | repealed. | 21 | | Section 125. The Illinois Human Rights Act is amended by | 22 | | changing Section 8-101 as follows:
| 23 | | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
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| 1 | | Sec. 8-101. Illinois Human Rights Commission.
| 2 | | (A) Creation; appointments. The Human Rights Commission is | 3 | | created to consist
of 7 members appointed by the Governor with | 4 | | the advice and consent of the
Senate. No more than 4 members | 5 | | shall be of the same political party. The
Governor shall | 6 | | designate one member as chairperson. All appointments shall
be | 7 | | in writing and filed with the Secretary of State as a public | 8 | | record.
| 9 | | (B) Terms. Of the members first appointed, 4 shall be | 10 | | appointed for a
term to expire on the third Monday of January, | 11 | | 2021, and 3 (including the
Chairperson) shall be appointed for | 12 | | a term to expire on the third Monday
of January, 2023.
| 13 | | Notwithstanding any provision of this Section to the | 14 | | contrary, the term
of office of each member of the Illinois | 15 | | Human Rights Commission is
abolished on January 19, 2019. | 16 | | Incumbent members holding a position on the Commission that | 17 | | was created by Public Act 84-115 and whose terms, if not for | 18 | | this amendatory Act of the 100th General Assembly, would have | 19 | | expired January 18, 2021 shall continue to exercise all of the | 20 | | powers and be
subject to all of the duties of members of the | 21 | | Commission until June 30, 2019 or until
their respective | 22 | | successors are appointed and qualified, whichever is earlier.
| 23 | | Thereafter, each member shall serve for a term of 4 years
| 24 | | and until his or her successor is appointed and qualified; | 25 | | except that any
member chosen to fill a vacancy occurring | 26 | | otherwise than by expiration of
a term shall be appointed only |
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| 1 | | for the unexpired term of the member whom
he or she shall | 2 | | succeed and until his or her successor is appointed and
| 3 | | qualified.
| 4 | | (C) Vacancies. | 5 | | (1) In the case of vacancies on the Commission during
| 6 | | a recess of the Senate, the Governor shall make a | 7 | | temporary appointment
until the next meeting of the Senate | 8 | | when he or she shall appoint a person
to fill the vacancy. | 9 | | Any person so nominated and confirmed by the Senate
shall | 10 | | hold office for the remainder of the term and until his or | 11 | | her successor
is appointed and qualified.
| 12 | | (2) If the Senate is not in session at the time this | 13 | | Act takes effect,
the Governor shall make temporary | 14 | | appointments to the Commission as in the
case of | 15 | | vacancies.
| 16 | | (3) Vacancies in the Commission shall not impair the | 17 | | right of the remaining
members to exercise all the powers | 18 | | of the Commission. Except when authorized
by this Act to | 19 | | proceed through a 3 member panel, a majority of the | 20 | | members
of the Commission then in office shall constitute | 21 | | a quorum.
| 22 | | (D) Compensation. On and after January 19, 2019, the | 23 | | Chairperson of the Commission shall be compensated
at the rate | 24 | | of $125,000 per year, or as set by the Compensation Review
| 25 | | Board, whichever is greater, during his or her service as | 26 | | Chairperson,
and each other member shall be compensated at the |
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| 1 | | rate of $119,000 per
year, or as set by the Compensation Review | 2 | | Board, whichever is greater.
In addition, all members of the | 3 | | Commission shall be reimbursed for expenses
actually and | 4 | | necessarily incurred by them
in the performance of their | 5 | | duties.
| 6 | | (E) Notwithstanding the general supervisory authority of | 7 | | the Chairperson, each commissioner, unless appointed to the | 8 | | special temporary panel created under subsection (H), has the | 9 | | authority to hire and supervise a staff attorney. The staff | 10 | | attorney shall report directly to the individual commissioner. | 11 | | (F) A formal training program for newly appointed | 12 | | commissioners shall be implemented. The training program shall | 13 | | include the following: | 14 | | (1) substantive and procedural aspects of the office | 15 | | of commissioner; | 16 | | (2) current issues in employment and housing | 17 | | discrimination and public accommodation law and practice; | 18 | | (3) orientation to each operational unit of the
Human | 19 | | Rights Commission; | 20 | | (4) observation of experienced hearing officers and | 21 | | commissioners conducting hearings of cases, combined with | 22 | | the opportunity to discuss evidence presented and rulings | 23 | | made; | 24 | | (5) the use of hypothetical cases requiring the
newly | 25 | | appointed commissioner to issue judgments as a means of | 26 | | evaluating knowledge and writing ability; |
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| 1 | | (6) writing skills; and | 2 | | (7) professional and ethical standards. | 3 | | A formal and ongoing professional development program | 4 | | including, but not limited to, the above-noted areas shall be | 5 | | implemented to keep commissioners informed of recent | 6 | | developments and issues and to assist them in maintaining and | 7 | | enhancing their professional competence. Each commissioner | 8 | | shall complete 20 hours of training in the above-noted areas | 9 | | during every 2 years the commissioner remains in office. | 10 | | (G) Commissioners must meet one of the following | 11 | | qualifications: | 12 | | (1) licensed to practice law in the State of Illinois; | 13 | | (2) at least 3 years of experience as a hearing | 14 | | officer at the Human Rights Commission; or | 15 | | (3) at least 4 years of professional experience | 16 | | working for or dealing with individuals or corporations | 17 | | affected by this Act or similar laws in other | 18 | | jurisdictions, including, but not limited to, experience | 19 | | with a civil rights advocacy group, a fair housing group, | 20 | | a community organization, a trade association, a union, a | 21 | | law firm, a legal aid organization, an employer's human | 22 | | resources department, an employment discrimination | 23 | | consulting firm, a community affairs organization, or a | 24 | | municipal human relations agency. | 25 | | The Governor's appointment message, filed with the | 26 | | Secretary of State and transmitted to the Senate, shall state |
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| 1 | | specifically how the experience of a nominee for commissioner | 2 | | meets the requirement set forth in this subsection. The | 3 | | Chairperson must have public or private sector management and | 4 | | budget experience, as determined by the Governor. | 5 | | Each commissioner shall devote full time to his or her | 6 | | duties and any commissioner who is an attorney shall not | 7 | | engage in the practice of law, nor shall any commissioner hold | 8 | | any other office or position of profit under the United States | 9 | | or this State or any municipal corporation or political | 10 | | subdivision of this State, nor engage in any other business, | 11 | | employment, or vocation. | 12 | | (H) Notwithstanding any other provision of this Act, the | 13 | | Governor shall appoint, by and with the consent of the Senate, | 14 | | a special temporary panel of commissioners comprised of 3 | 15 | | members. The members shall hold office until the Commission, | 16 | | in consultation with the Governor, determines that the | 17 | | caseload of requests for review has been reduced sufficiently | 18 | | to allow cases to proceed in a timely manner, or for a term of | 19 | | 18 months from the date of appointment by the Governor, | 20 | | whichever is earlier. Each of the 3 members shall have only | 21 | | such rights and powers of a commissioner necessary to dispose | 22 | | of the cases assigned to the special panel. Each of the 3 | 23 | | members appointed to the special panel shall receive the same | 24 | | salary as other commissioners for the duration of the panel. | 25 | | The panel shall have the authority to hire and supervise a | 26 | | staff attorney who shall report to the panel of commissioners. |
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| 1 | | (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20 .)
| 2 | | Section 999. Effective date. This Act takes effect upon | 3 | | becoming law.
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