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| Public Act 096-0800 |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Civil Administrative Code of Illinois is | ||||
amended by changing Sections 5-310, 5-315, 5-320, 5-325, 5-330, | ||||
5-335, 5-340, 5-345, 5-350, 5-355, 5-360, 5-362, 5-365, 5-370, | ||||
5-375, 5-385, 5-390, 5-395, 5-400, 5-405, 5-410, 5-415, and | ||||
5-420 as follows:
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(20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
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Sec. 5-310. In the Department on Aging. The Director of | ||||
Aging shall receive
an annual salary as set by the Governor | ||||
from time to time or as set by the
Compensation Review Board, | ||||
whichever is greater.
| ||||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||||
eff.
6-28-01.)
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(20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
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Sec. 5-315. In the Department of Agriculture. The Director | ||||
of Agriculture
shall receive an annual salary as set by the | ||||
Governor from time to time
or as set by the Compensation Review | ||||
Board, whichever is greater.
| ||||
The Assistant Director of Agriculture shall receive
an | ||||
annual salary as set by the Governor from time to time
or as | ||||
set by the Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
| ||
Sec. 5-320. In the Department of Central Management | ||
Services. The Director of Central Management Services shall | ||
receive an annual salary as
set by the Governor from time to | ||
time or an amount set by the Compensation
Review Board, | ||
whichever is greater.
| ||
Each Assistant Director of Central Management Services | ||
shall receive an
annual salary as set by the Governor from time | ||
to time or an amount set by
the Compensation Review Board, | ||
whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
| ||
Sec. 5-325. In the Department of Children and Family | ||
Services. The Director of Children and Family Services shall | ||
receive an annual salary
as set by the Governor from time to | ||
time or as set by the Compensation Review
Board, whichever is | ||
greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
| ||
Sec. 5-330. In the Department of Commerce and Economic | ||
Opportunity. The
Director of Commerce and Economic Opportunity | ||
shall receive an annual salary as
set by the Governor from time | ||
to time or as set by the Compensation Review
Board, whichever | ||
is greater.
| ||
The Assistant Director of Commerce and Economic | ||
Opportunity shall receive
an annual salary as set by the | ||
Governor from time to time or as set by the
Compensation Review | ||
Board, whichever is greater.
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
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Sec. 5-335. In the Department of Corrections. The Director | ||
of Corrections
shall receive an annual salary as set by the | ||
Governor from time to time
or as set by the Compensation Review | ||
Board, whichever is greater.
| ||
The Assistant Director of Corrections - Adult Division | ||
shall receive
an annual salary as set by the Governor from time | ||
to time or as set by the
Compensation Review Board, whichever | ||
is greater.
| ||
(Source: P.A. 94-696, eff. 6-1-06.)
| ||
(20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
| ||
Sec. 5-340. In the Department of Employment Security. The | ||
Director of
Employment Security shall receive an annual salary | ||
of as set by the Governor
from time to time or an amount set by | ||
the Compensation Review Board, whichever
is greater.
| ||
Each member of the Board of Review shall receive $15,000.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
| ||
Sec. 5-345. In the Department of Financial Institutions. | ||
The Director of
Financial Institutions shall receive an annual | ||
salary as set by the Governor
from time to time or as set by the | ||
Compensation Review Board, whichever is
greater.
| ||
The Assistant Director of Financial Institutions shall | ||
receive
an annual salary as set by the Governor from time to | ||
time
or as set by the Compensation Review Board, whichever is | ||
greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
| ||
Sec. 5-350. In the Department of Human Rights. The Director | ||
of Human Rights
shall receive an annual salary as set by the | ||
Governor from time to time or as
set by the Compensation Review | ||
Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
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Sec. 5-355. In the Department of Human Services. The | ||
Secretary of Human
Services shall receive an annual salary as | ||
set by the Governor from time to
time or such other amount as | ||
may be set by the Compensation
Review Board, whichever is | ||
greater.
| ||
The Assistant Secretaries of Human Services shall each | ||
receive an annual
salary as set by the Governor from time to | ||
time or such other
amount as may be set by the Compensation | ||
Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
| ||
Sec. 5-360. In the Department of Insurance. The Director of | ||
Insurance
shall receive an annual salary as set by the Governor | ||
from time to time
or as set by the Compensation Review Board, | ||
whichever is greater.
| ||
The Assistant Director of Insurance shall receive
an annual | ||
salary as set by the Governor from time to time
or as set by the | ||
Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
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(20 ILCS 5/5-362)
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Sec. 5-362. In the Department of Juvenile Justice. The | ||
Director of Juvenile Justice shall receive an annual salary as | ||
set by the Governor from time to time
or as set by the | ||
Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 94-696, eff. 6-1-06.)
| ||
(20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
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Sec. 5-365. In the Department of Labor. The Director of | ||
Labor shall
receive an annual salary as set by the Governor | ||
from time to time
or as set by the Compensation Review Board, | ||
whichever is greater.
| ||
The Assistant Director of Labor shall receive
an annual | ||
salary as set by the Governor from time to time
or as set by the | ||
Compensation Review Board, whichever is greater.
| ||
The Chief Factory Inspector shall receive $24,700 from the | ||
third Monday
in January, 1979 to the third Monday in January, | ||
1980, and $25,000
thereafter, or as set by the Compensation | ||
Review Board, whichever is greater.
| ||
The Superintendent of Safety Inspection and Education | ||
shall receive
$27,500, or as set by the Compensation Review | ||
Board, whichever is greater.
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The Superintendent of Women's and Children's Employment | ||
shall receive
$22,000 from the third Monday in January, 1979 to | ||
the third Monday in January,
1980, and $22,500 thereafter, or | ||
as set by the
Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
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(20 ILCS 5/5-370) (was 20 ILCS 5/9.31)
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Sec. 5-370. In the Department of the Lottery. The Director | ||
of the
Lottery shall receive an annual salary as set by the | ||
Governor from time to time
or an amount set by the Compensation | ||
Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
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(20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
| ||
Sec. 5-375. In the Department of Natural Resources. The | ||
Director of Natural Resources shall continue to receive the | ||
annual
salary set by law for the Director of Conservation until | ||
January 20, 1997.
Beginning on that date, the Director of | ||
Natural Resources shall receive an
annual salary as set by the | ||
Governor from time to time or the amount set by
the | ||
Compensation Review Board, whichever is greater.
| ||
The Assistant Director of Natural Resources shall continue | ||
to receive the
annual salary set by law for the Assistant | ||
Director of Conservation until
January 20, 1997. Beginning on | ||
that date, the Assistant Director of Natural
Resources shall | ||
receive an annual salary as set by the Governor from time to
| ||
time or the amount set by the Compensation Review Board, | ||
whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-385) (was 20 ILCS 5/9.25)
| ||
Sec. 5-385. In the Department of Nuclear Safety. The | ||
Director of Nuclear
Safety shall receive an annual salary as | ||
set by the Governor from time to
time or as set by the | ||
Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
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(20 ILCS 5/5-390) (was 20 ILCS 5/9.08)
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Sec. 5-390. In the Department of Professional Regulation. | ||
The Director of Professional Regulation shall receive
an annual | ||
salary as set by the Governor from time to time
or as set by the | ||
Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
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Sec. 5-395. In the Department of Healthcare and Family | ||
Services. The Director of Healthcare and Family Services
shall | ||
receive an annual salary as set by the Governor from time to | ||
time
or as set by the Compensation Review Board, whichever is | ||
greater.
| ||
The Assistant Director of Healthcare and Family Services | ||
shall receive
an annual salary as set by the Governor from time | ||
to time
or as set by the Compensation Review Board, whichever | ||
is greater.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
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(20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
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Sec. 5-400. In the Department of Public Health. The | ||
Director of Public Health shall receive
an annual salary as set | ||
by the Governor from time to time
or as set by the Compensation | ||
Review Board, whichever is greater.
| ||
The Assistant Director of Public Health shall receive
an | ||
annual salary as set by the Governor from time to time
or as | ||
set by the Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
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(20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
| ||
Sec. 5-405. In the Department of Revenue. The Director of | ||
Revenue
shall receive an annual salary as set by the Governor | ||
from time to time
or as set by the Compensation Review Board, | ||
whichever is greater.
| ||
The Assistant Director of Revenue shall receive an annual | ||
salary as set by
the Governor from time to time or as set by the | ||
Compensation Review Board,
whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 91-798, | ||
eff.
7-9-00.)
| ||
(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
| ||
Sec. 5-410. In the Department of State Police. The Director | ||
of State
Police shall receive an annual salary as set by the | ||
Governor from time to
time or as set by the Compensation Review | ||
Board, whichever is greater.
| ||
The Assistant Director of State Police shall receive
an | ||
annual salary as set by the Governor from time to time
or as | ||
set by the Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
| ||
Sec. 5-415. In the Department of Transportation. The | ||
Secretary of
Transportation shall receive an annual salary as | ||
set by the Governor from time
to time or as set by the | ||
Compensation Review Board, whichever is greater.
| ||
The Assistant Secretary of Transportation shall receive
an | ||
annual salary as set by the Governor from time to time
or as | ||
set by the Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
| ||
(20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
| ||
Sec. 5-420. In the Department of Veterans' Affairs. The | ||
Director of
Veterans' Affairs shall receive an annual salary as | ||
set by the Governor from
time to time or as set by the | ||
Compensation Review Board, whichever is greater.
| ||
The Assistant Director of Veterans' Affairs shall receive
| ||
an annual salary as set by the Governor from time to time
or as | ||
set by the Compensation Review Board, whichever is greater.
| ||
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||
eff.
6-28-01.)
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Section 10. The Military Code of Illinois is amended by | ||
changing Section 17 as follows:
| ||
(20 ILCS 1805/17) (from Ch. 129, par. 220.17)
| ||
Sec. 17.
The Adjutant General and the Assistant Adjutants | ||
General
shall give their entire time to their military duties. | ||
The Adjutant General
shall receive an annual salary as set by | ||
the Governor from time to time or as
set by the Compensation | ||
Review Board, whichever is greater, and each Assistant
Adjutant | ||
General shall receive an annual salary as set by the Governor | ||
from
time to time or as set by the Compensation Review Board, | ||
whichever is greater.
If set by the Governor, those annual | ||
salaries may not exceed 85% of the
Governor's annual salary.
| ||
(Source: P.A. 91-25, eff. 6-9-99.)
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Section 15. The State Fire Marshal Act is amended by | ||
changing Section 1 as follows:
| ||
(20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
| ||
Sec. 1. There is hereby created the Office of the State | ||
Fire
Marshal, hereinafter referred to as the Office.
| ||
The Office shall be under an executive director who shall | ||
be
appointed by the Governor with the advice and consent of the | ||
Senate.
| ||
The executive director of the Office shall be known as the | ||
State Fire
Marshal and shall receive an annual salary as set by | ||
the Governor from time
to time or as set by
the
Compensation | ||
Review Board, whichever is greater.
If set by the Governor, the | ||
annual salary may not exceed 85% of the annual
salary of the | ||
Governor.
| ||
The Office of the State Fire Marshal shall have a division | ||
that shall assume the duties of the Division of Fire
| ||
Prevention, Department of Law Enforcement, and a division that | ||
shall assume the duties of Illinois Fire
Protection Personnel | ||
Standards and Education Commission. Each division
shall be | ||
headed by a division manager who shall be employed by the Fire | ||
Marshal, subject to the Personnel
Code, and shall be | ||
responsible to the Fire Marshal.
| ||
(Source: P.A. 94-178, eff. 1-1-06.)
| ||
Section 20. The Office of Banks and Real Estate Act is | ||
amended by changing Section 1 as follows:
| ||
(20 ILCS 3205/1) (from Ch. 17, par. 451)
| ||
Sec. 1. Salary.
| ||
(a) The Commissioner of Banks and Trust Companies shall | ||
receive an annual
salary as set by the Governor from time to | ||
time or as set by the Compensation
Review Board, whichever is | ||
greater, payable in equal monthly installments.
The First | ||
Deputy Commissioner shall receive an annual salary as set by | ||
the
Governor from time to time or as set by the Compensation | ||
Review Board,
whichever is greater, and the other deputy | ||
commissioners shall receive an annual
salary of $38,000, or as | ||
set by the Compensation Review Board, whichever is
greater, | ||
each payable in equal monthly installments. If set by the | ||
Governor,
those annual salaries may not exceed 85% of the | ||
Governor's annual salary.
| ||
(b) The Commissioner of the Office of Banks and Real Estate | ||
shall receive
the annual salary provided by law for the | ||
Commissioner of Banks and Trust
Companies until the General | ||
Assembly or the Compensation Review
Board establishes a salary | ||
for the Commissioner of the Office of Banks and Real
Estate. | ||
The First Deputy Commissioner and Deputy Commissioners of the | ||
Office
of Banks and Real Estate shall receive the annual | ||
salaries provided by law for
the First Deputy Commissioner and | ||
Deputy Commissioners of Banks and Trust
Companies, | ||
respectively, until the General Assembly or the Compensation | ||
Review
Board establishes salaries for the First Deputy | ||
Commissioner and Deputy
Commissioners of the Office of Banks | ||
and Real Estate.
| ||
(Source: P.A. 91-25, eff. 6-9-99.)
| ||
Section 25. The Illinois Emergency Management Agency Act is | ||
amended by changing Section 5 as follows:
| ||
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
| ||
Sec. 5. Illinois Emergency Management Agency.
| ||
(a) There is created within the executive branch of the | ||
State Government an
Illinois Emergency Management Agency and a | ||
Director of the Illinois Emergency
Management Agency, herein | ||
called the "Director" who shall be the head thereof.
The | ||
Director shall be appointed by the Governor, with the advice | ||
and consent of
the Senate, and shall serve for a term of 2 | ||
years beginning on the third Monday
in January of the | ||
odd-numbered year, and until a successor is appointed and
has | ||
qualified; except that the term of the first Director appointed | ||
under this
Act shall expire on the third Monday in January, | ||
1989. The Director shall not
hold any other remunerative public | ||
office. The Director shall receive an annual
salary as set by | ||
the Governor from time to time or the amount set by the
| ||
Compensation Review Board, whichever is higher. If set by the | ||
Governor, the
Director's annual salary may not exceed 85% of | ||
the Governor's annual salary.
| ||
(b) The Illinois Emergency Management Agency shall obtain, | ||
under the
provisions of the Personnel Code, technical, | ||
clerical, stenographic and other
administrative personnel, and | ||
may make expenditures within the appropriation
therefor as may | ||
be necessary to carry out the purpose of this Act. The agency
| ||
created by this Act is intended to be a successor to the agency | ||
created under
the Illinois Emergency Services and Disaster | ||
Agency Act of 1975 and the
personnel, equipment, records, and | ||
appropriations of that agency are
transferred to the successor | ||
agency as of the effective date of this Act.
| ||
(c) The Director, subject to the direction and control of | ||
the Governor,
shall be the executive head of the Illinois | ||
Emergency Management Agency and
the State Emergency Response | ||
Commission and shall be responsible under the
direction of the | ||
Governor, for carrying out the program for emergency
management | ||
of this State. The Director shall also maintain liaison
and | ||
cooperate with
the emergency management organizations of this | ||
State and other states and of
the federal government.
| ||
(d) The Illinois Emergency Management Agency shall take an | ||
integral part in
the development and revision of political | ||
subdivision emergency operations
plans prepared under | ||
paragraph (f) of Section 10. To this end it shall employ
or | ||
otherwise secure the services of professional and technical | ||
personnel
capable of providing expert assistance to the | ||
emergency services and disaster
agencies. These personnel | ||
shall consult with emergency services and disaster
agencies on | ||
a regular basis and shall make field examinations of the areas,
| ||
circumstances, and conditions that particular political | ||
subdivision emergency
operations plans are intended to apply.
| ||
(e) The Illinois Emergency Management Agency and political | ||
subdivisions
shall be encouraged to form an emergency | ||
management advisory committee composed
of private and public | ||
personnel representing the emergency management phases of
| ||
mitigation, preparedness, response, and recovery.
The Local | ||
Emergency Planning Committee, as created under the Illinois
| ||
Emergency
Planning and Community Right to Know Act, shall serve | ||
as
an advisory
committee to the emergency services and disaster | ||
agency or agencies serving
within the boundaries
of that Local | ||
Emergency Planning Committee planning district for:
| ||
(1) the development of emergency operations plan | ||
provisions for hazardous
chemical
emergencies; and
| ||
(2) the assessment of emergency response capabilities | ||
related to hazardous
chemical
emergencies.
| ||
(f) The Illinois Emergency Management Agency shall:
| ||
(1) Coordinate the overall emergency management | ||
program of the State.
| ||
(2) Cooperate with local governments, the federal | ||
government and any
public or private agency or entity in | ||
achieving any purpose of this Act and
in implementing | ||
emergency management programs for mitigation, | ||
preparedness,
response, and recovery.
| ||
(2.5) Develop a comprehensive emergency preparedness | ||
and response plan for any nuclear
accident in accordance | ||
with Section 65 of the Department of Nuclear Safety
Law of | ||
2004 (20 ILCS 3310) and in development of the
Illinois
| ||
Nuclear Safety Preparedness program in accordance with | ||
Section 8 of the
Illinois Nuclear Safety Preparedness Act.
| ||
(2.6) Coordinate with the Department of Public Health
| ||
with respect to planning for and responding to public | ||
health emergencies.
| ||
(3) Prepare, for issuance by the Governor, executive | ||
orders,
proclamations, and regulations as necessary or | ||
appropriate in coping with
disasters.
| ||
(4) Promulgate rules and requirements for political | ||
subdivision
emergency operations plans that are not | ||
inconsistent with and are at least
as stringent as | ||
applicable federal laws and regulations.
| ||
(5) Review and approve, in accordance with Illinois | ||
Emergency Management
Agency rules, emergency operations
| ||
plans for those political subdivisions required to have an | ||
emergency services
and disaster agency pursuant to this | ||
Act.
| ||
(5.5) Promulgate rules and requirements for the | ||
political subdivision
emergency management
exercises, | ||
including, but not limited to, exercises of the emergency | ||
operations
plans.
| ||
(5.10) Review, evaluate, and approve, in accordance | ||
with Illinois
Emergency
Management
Agency rules, political | ||
subdivision emergency management exercises for those
| ||
political subdivisions
required to have an emergency | ||
services and disaster agency pursuant to this
Act.
| ||
(6) Determine requirements of the State and its | ||
political
subdivisions
for food, clothing, and other | ||
necessities in event of a disaster.
| ||
(7) Establish a register of persons with types of | ||
emergency
management
training and skills in mitigation, | ||
preparedness, response, and recovery.
| ||
(8) Establish a register of government and private | ||
response
resources
available for use in a disaster.
| ||
(9) Expand the Earthquake Awareness Program and its | ||
efforts to
distribute earthquake preparedness materials to | ||
schools, political
subdivisions, community groups, civic | ||
organizations, and the media.
Emphasis will be placed on | ||
those areas of the State most at risk from an
earthquake. | ||
Maintain the list of all school districts, hospitals,
| ||
airports, power plants, including nuclear power plants, | ||
lakes, dams,
emergency response facilities of all types, | ||
and all other major public or
private structures which are | ||
at the greatest risk of damage from
earthquakes under | ||
circumstances where the damage would cause subsequent
harm | ||
to the surrounding communities and residents.
| ||
(10) Disseminate all information, completely and | ||
without
delay, on water
levels for rivers and streams and | ||
any other data pertaining to potential
flooding supplied by | ||
the Division of Water Resources within the Department of
| ||
Natural Resources to all political subdivisions to the | ||
maximum extent possible.
| ||
(11) Develop agreements, if feasible, with medical | ||
supply and
equipment
firms to
supply resources as are | ||
necessary to respond to an earthquake or any other
disaster | ||
as defined in this Act. These resources will be made | ||
available
upon notifying the vendor of the disaster. | ||
Payment for the resources will
be in accordance with | ||
Section 7 of this Act. The Illinois Department of
Public | ||
Health shall determine which resources will be required and | ||
requested.
| ||
(11.5) In coordination with the Department of State | ||
Police, develop and
implement a community outreach program | ||
to promote awareness among the State's
parents and children | ||
of child abduction prevention and response.
| ||
(12) Out of funds appropriated for these purposes, | ||
award capital and
non-capital grants to Illinois hospitals | ||
or health care facilities located
outside of a city with a | ||
population in excess of 1,000,000 to be used for
purposes | ||
that include, but are not limited to, preparing to respond | ||
to mass
casualties and disasters, maintaining and | ||
improving patient safety and
quality of care, and | ||
protecting the confidentiality of patient information.
No | ||
single grant for a capital expenditure shall exceed | ||
$300,000.
No single grant for a non-capital expenditure | ||
shall exceed $100,000.
In awarding such grants, preference | ||
shall be given to hospitals that serve
a significant number | ||
of Medicaid recipients, but do not qualify for
| ||
disproportionate share hospital adjustment payments under | ||
the Illinois Public
Aid Code. To receive such a grant, a | ||
hospital or health care facility must
provide funding of at | ||
least 50% of the cost of the project for which the grant
is | ||
being requested.
In awarding such grants the Illinois | ||
Emergency Management Agency shall consider
the | ||
recommendations of the Illinois Hospital Association.
| ||
(13) Do all other things necessary, incidental or | ||
appropriate
for the implementation of this Act.
| ||
(Source: P.A. 93-249, eff. 7-22-03; 93-310, eff. 7-23-03; | ||
94-334, eff. 1-1-06.)
| ||
Section 30. The Nuclear Safety Law of 2004 is amended by | ||
changing Section 45 as follows: | ||
(20 ILCS 3310/45)
| ||
Sec. 45. Appointment of Assistant Director. The Assistant | ||
Director shall be an officer appointed by the Governor, with | ||
the advice and consent of the
Senate, and shall serve for a | ||
term of 2 years beginning on the third Monday in January of the | ||
odd-numbered year, and until a successor is appointed and has | ||
qualified; except that the first Assistant Director under this | ||
Act shall be the Director of Nuclear Safety. The Assistant | ||
Director shall not hold any other remunerative public office. | ||
The Assistant Director shall receive an annual salary as set by | ||
the Governor from time to time or the amount set by the | ||
Compensation Review Board, whichever is higher. If set by the | ||
Governor, the Assistant Director's annual salary may not exceed | ||
85% of the Governor's annual salary.
| ||
(Source: P.A. 93-1029, eff. 8-25-04.) | ||
Section 35. The Compensation Review Act is amended by | ||
adding Sections 2.1, 3.1, and 5.6 as follows: | ||
(25 ILCS 120/2.1 new)
| ||
Sec. 2.1. "Set by Compensation Review Board"; meaning. If | ||
salary or compensation is provided by law as set by the | ||
Compensation Review Board, then that means the salary or | ||
compensation in effect on the effective date of this amendatory | ||
Act of the 96th General Assembly and as provided in Section 5.6 | ||
of the Compensation Review Act. | ||
(25 ILCS 120/3.1 new) | ||
Sec. 3.1. FY10 furlough days. During the fiscal year | ||
beginning on July 1, 2009, every member of the General Assembly | ||
is mandatorily required to forfeit 4 days of compensation. The | ||
State Comptroller shall deduct the equivalent of 1/365th of the | ||
annual salary of each member from the compensation of that | ||
member in each of the first 4 months of the fiscal year. | ||
(25 ILCS 120/5.6 new) | ||
Sec. 5.6. FY10 COLA's prohibited. Notwithstanding any | ||
former or current provision of this Act, any other law, any | ||
report of the Compensation Review Board, or any resolution of | ||
the General Assembly to the contrary, members of the General | ||
Assembly, State's attorneys, other than the county supplement, | ||
the elected constitutional officers of State government, and | ||
certain appointed officers of State government, including | ||
members of State departments, agencies, boards, and | ||
commissions whose annual compensation was recommended or | ||
determined by the Compensation Review Board, are prohibited | ||
from receiving and shall not receive any increase in | ||
compensation that would otherwise apply based on a cost of | ||
living adjustment, as authorized by Senate Joint Resolution 192 | ||
of the 86th General Assembly, for or during the fiscal year | ||
beginning July 1, 2009. That cost of living adjustment shall | ||
apply again in the fiscal year beginning July 1, 2010 and | ||
thereafter.
| ||
(25 ILCS 120/2 rep.)
| ||
(25 ILCS 120/3 rep.)
| ||
(25 ILCS 120/4 rep.)
| ||
(25 ILCS 120/5 rep.)
| ||
(25 ILCS 120/6 rep.)
| ||
Section 40. The Compensation Review Act is amended by | ||
repealing Sections 2, 3, 4, 5, and 6. | ||
Section 45. The Environmental Protection Act is amended by | ||
changing Section 4 as follows:
| ||
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| ||
Sec. 4. Environmental Protection Agency; establishment; | ||
duties.
| ||
(a) There is established in the Executive Branch of the | ||
State Government an
agency to be known as the Environmental | ||
Protection Agency. This Agency shall
be under the supervision | ||
and direction of a Director who shall be appointed by
the | ||
Governor with the advice and consent of the Senate. The term of | ||
office
of the Director shall expire on the third Monday of | ||
January in odd numbered
years, provided that he or she shall | ||
hold office until a successor is appointed
and has qualified. | ||
The Director shall
receive an annual salary as set by the | ||
Governor from time to time or as set by
the Compensation Review | ||
Board, whichever is greater. If set by the Governor,
the | ||
Director's annual salary may not exceed 85% of the Governor's | ||
annual
salary. The Director, in accord with the Personnel Code, | ||
shall employ and
direct such personnel, and shall provide for | ||
such laboratory and other
facilities, as may be necessary to | ||
carry out the purposes of this Act. In
addition, the Director | ||
may by agreement secure such services as he or she
may deem | ||
necessary from any other department, agency, or unit of the | ||
State
Government, and may employ and compensate such | ||
consultants and technical
assistants as may be required.
| ||
(b) The Agency shall have the duty to collect and | ||
disseminate such
information, acquire such technical data, and | ||
conduct such experiments
as may be required to carry out the | ||
purposes of this Act, including
ascertainment of the quantity | ||
and nature of discharges from any
contaminant source and data | ||
on those sources, and to operate and arrange
for the operation | ||
of devices for the monitoring of environmental quality.
| ||
(c) The Agency shall have authority to conduct a program of
| ||
continuing surveillance and of regular or periodic inspection | ||
of actual
or potential contaminant or noise sources, of public | ||
water supplies, and
of refuse disposal sites.
| ||
(d) In accordance with constitutional limitations,
the | ||
Agency shall have authority to enter at all reasonable times
| ||
upon any private or public property for the purpose of:
| ||
(1) Inspecting and investigating to ascertain possible | ||
violations of
this Act, any rule or regulation adopted | ||
under this Act, any permit or
term or condition of a | ||
permit, or any Board order; or
| ||
(2) In accordance with the provisions of this Act, | ||
taking whatever
preventive or corrective action, including | ||
but not limited to removal or
remedial action, that is | ||
necessary or appropriate whenever there is a
release or a | ||
substantial threat of a release of (A) a hazardous
| ||
substance or pesticide or (B) petroleum from an underground | ||
storage tank.
| ||
(e) The Agency shall have the duty to investigate | ||
violations of this
Act, any rule or regulation adopted under | ||
this Act, any permit or
term or condition of a permit, or any | ||
Board order;
to issue administrative citations as provided in | ||
Section 31.1 of this
Act; and to take such summary enforcement | ||
action as is provided
for by Section 34 of this Act.
| ||
(f) The Agency shall appear before the Board in any hearing | ||
upon a
petition for variance, the denial of a permit, or the | ||
validity or effect
of a rule or regulation of the Board, and | ||
shall have the authority to
appear before the Board in any | ||
hearing under the Act.
| ||
(g) The Agency shall have the duty to administer, in accord | ||
with
Title X of this Act, such permit and certification systems | ||
as may be
established by this Act or by regulations adopted | ||
thereunder.
The Agency may enter into written delegation | ||
agreements with any department,
agency, or unit of State or | ||
local government under which all or portions
of this duty may | ||
be delegated for public water supply storage and transport
| ||
systems, sewage collection and transport systems, air | ||
pollution control
sources with uncontrolled emissions of 100 | ||
tons per year or less and
application of algicides to waters of | ||
the State. Such delegation
agreements will require that the | ||
work to be performed thereunder will be
in accordance with | ||
Agency criteria, subject to Agency review, and shall
include | ||
such financial and program auditing by the Agency as may be | ||
required.
| ||
(h) The Agency shall have authority to require the | ||
submission of
complete plans and specifications from any | ||
applicant for a permit
required by this Act or by regulations | ||
thereunder, and to require the
submission of such reports | ||
regarding actual or potential violations of
this Act, any rule | ||
or regulation adopted under this Act, any permit or
term or | ||
condition of a permit, or any Board order, as may be necessary | ||
for the purposes of
this Act.
| ||
(i) The Agency shall have authority to make recommendations | ||
to the
Board for the adoption of regulations under Title VII of | ||
the Act.
| ||
(j) The Agency shall have the duty to represent the State | ||
of
Illinois in any and all matters pertaining to plans, | ||
procedures, or
negotiations for interstate compacts or other | ||
governmental arrangements
relating to environmental | ||
protection.
| ||
(k) The Agency shall have the authority to accept, receive, | ||
and
administer on behalf of the State any grants, gifts, loans, | ||
indirect cost
reimbursements, or other funds made available to | ||
the State from any source
for purposes of this Act or for air | ||
or water pollution control, public water
supply, solid waste | ||
disposal, noise abatement, or other environmental
protection | ||
activities, surveys, or programs. Any federal funds received by | ||
the
Agency pursuant to this subsection shall be deposited in a | ||
trust fund with the
State Treasurer and held and disbursed by | ||
him in accordance with Treasurer as
Custodian of Funds Act, | ||
provided that such monies shall be used only for the
purposes | ||
for which they are contributed and any balance remaining shall | ||
be
returned to the contributor.
| ||
The Agency is authorized to promulgate such regulations and | ||
enter
into such contracts as it may deem necessary for carrying | ||
out the
provisions of this subsection.
| ||
(l) The Agency is hereby designated as water pollution | ||
agency for
the state for all purposes of the Federal Water | ||
Pollution Control Act, as
amended; as implementing agency for | ||
the State for all purposes of the Safe
Drinking Water Act, | ||
Public Law 93-523, as now or hereafter amended, except
Section | ||
1425 of that Act; as air pollution agency for the state for all
| ||
purposes of the Clean Air Act of 1970, Public Law 91-604, | ||
approved December 31,
1970, as amended; and as solid waste | ||
agency for the state for all purposes of
the Solid Waste | ||
Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||
amended by the Resource Recovery Act of 1970, Public Law | ||
91-512, approved
October 26, 1970, as amended, and amended by | ||
the Resource Conservation and
Recovery Act of 1976, (P.L. | ||
94-580) approved October 21, 1976, as amended; as
noise control | ||
agency for the state for all purposes of the Noise Control Act | ||
of
1972, Public Law 92-574, approved October 27, 1972, as | ||
amended; and as
implementing agency for the State for all | ||
purposes of the Comprehensive
Environmental Response, | ||
Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||
amended; and otherwise as pollution control agency for the | ||
State pursuant
to federal laws integrated with the foregoing | ||
laws, for financing purposes or
otherwise. The Agency is hereby | ||
authorized to take all action necessary or
appropriate to | ||
secure to the State the benefits of such federal Acts, provided
| ||
that the Agency shall transmit to the United States without | ||
change any
standards adopted by the Pollution Control Board | ||
pursuant to Section 5(c) of
this Act. This subsection (l) of | ||
Section 4 shall not be construed to bar or
prohibit the | ||
Environmental Protection Trust Fund Commission from accepting,
| ||
receiving, and administering on behalf of the State any grants, | ||
gifts,
loans or other funds for which the Commission is | ||
eligible pursuant to the
Environmental Protection Trust Fund | ||
Act. The Agency is hereby designated as
the State agency for | ||
all purposes of administering the requirements of Section
313 | ||
of the federal Emergency Planning and Community Right-to-Know | ||
Act of 1986.
| ||
Any municipality, sanitary district, or other political | ||
subdivision,
or any Agency of the State or interstate Agency, | ||
which makes application
for loans or grants under such federal | ||
Acts shall notify the Agency of
such application; the Agency | ||
may participate in proceedings under such
federal Acts.
| ||
(m) The Agency shall have authority, consistent with | ||
Section 5(c)
and other provisions of this Act, and for purposes | ||
of Section 303(e) of
the Federal Water Pollution Control Act, | ||
as now or hereafter amended,
to engage in planning processes | ||
and activities and to develop
plans in cooperation with units | ||
of local government, state agencies and
officers, and other | ||
appropriate persons in connection with the
jurisdiction or | ||
duties of each such unit, agency, officer or person.
Public | ||
hearings shall be held on the planning process, at which any
| ||
person shall be permitted to appear and be heard, pursuant to | ||
procedural
regulations promulgated by the Agency.
| ||
(n) In accordance with the powers conferred upon the Agency | ||
by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||
Agency shall
have authority to establish and enforce minimum | ||
standards for the
operation of laboratories relating to | ||
analyses and laboratory tests for
air pollution, water | ||
pollution, noise emissions, contaminant discharges
onto land | ||
and sanitary, chemical, and mineral quality of water
| ||
distributed by a public water supply. The Agency may enter into | ||
formal
working agreements with other departments or agencies of | ||
state
government under which all or portions of this authority | ||
may be
delegated to the cooperating department or agency.
| ||
(o) The Agency shall have the authority to issue | ||
certificates of
competency to persons and laboratories meeting | ||
the minimum standards
established by the Agency in accordance | ||
with Section 4(n) of this Act
and to promulgate and enforce | ||
regulations relevant to the issuance and
use of such | ||
certificates. The Agency may enter into formal working
| ||
agreements with other departments or agencies of state | ||
government under
which all or portions of this authority may be | ||
delegated to the
cooperating department or agency.
| ||
(p) Except as provided in Section 17.7, the Agency shall | ||
have the
duty to analyze samples as required
from each public | ||
water supply to determine compliance with the
contaminant | ||
levels specified by the Pollution Control Board. The maximum
| ||
number of samples which the Agency shall be required to analyze | ||
for
microbiological quality shall be 6 per month, but the | ||
Agency may, at its
option, analyze a larger number each month | ||
for any supply. Results of
sample analyses for additional | ||
required bacteriological testing,
turbidity, residual chlorine | ||
and radionuclides are to be provided to the
Agency in | ||
accordance with Section 19. Owners of water supplies may enter
| ||
into agreements with the Agency to provide for reduced Agency
| ||
participation in sample analyses.
| ||
(q) The Agency shall have the authority to provide notice | ||
to any
person who may be liable pursuant to Section 22.2(f) of | ||
this Act for a
release or a substantial threat of a release of | ||
a hazardous substance or
pesticide. Such notice shall include | ||
the identified response action and an
opportunity for such | ||
person to perform the response action.
| ||
(r) The Agency may enter into written delegation agreements | ||
with any
unit of local government under which it may delegate | ||
all or portions of its
inspecting, investigating and | ||
enforcement functions. Such delegation
agreements shall | ||
require that work performed thereunder be in accordance
with | ||
Agency criteria and subject to Agency review.
Notwithstanding | ||
any other provision of law to the contrary, no unit of
local | ||
government shall be liable for any injury resulting from the | ||
exercise
of its authority pursuant to such a delegation | ||
agreement unless the injury
is proximately caused by the | ||
willful and wanton negligence of an agent or
employee of the | ||
unit of local government, and any policy of insurance
coverage | ||
issued to a unit of local government may provide for the denial | ||
of
liability and the nonpayment of claims based upon injuries | ||
for which the unit
of local government is not liable pursuant | ||
to this subsection (r).
| ||
(s) The Agency shall have authority to take whatever | ||
preventive or
corrective action is necessary or appropriate, | ||
including but not limited to
expenditure of monies appropriated | ||
from the Build Illinois Bond Fund and
the Build Illinois | ||
Purposes Fund for removal or remedial action, whenever
any | ||
hazardous substance or pesticide is released or
there is a | ||
substantial threat of such a release into the environment. The
| ||
State, the Director, and any State employee shall be | ||
indemnified for any
damages or injury arising out of or | ||
resulting from any action taken under
this subsection. The | ||
Director of the Agency is authorized to enter into
such | ||
contracts and agreements as are necessary
to carry out the | ||
Agency's duties under this subsection.
| ||
(t) The Agency shall have authority to distribute grants, | ||
subject to
appropriation by the General Assembly, for financing | ||
and construction of
municipal wastewater facilities. With | ||
respect to all monies appropriated
from the Build Illinois Bond | ||
Fund and the Build Illinois Purposes
Fund for wastewater | ||
facility grants, the Agency shall make
distributions in | ||
conformity with the rules and regulations established
pursuant | ||
to the Anti-Pollution Bond Act, as now or hereafter amended.
| ||
(u) Pursuant to the Illinois Administrative Procedure Act, | ||
the
Agency shall have the authority to adopt such rules as are | ||
necessary or
appropriate for the Agency to implement Section | ||
31.1 of this Act.
| ||
(v) (Blank.)
| ||
(w) Neither the State, nor the Director, nor the Board, nor | ||
any State
employee shall be liable for any damages or injury | ||
arising out of or
resulting from any action taken under | ||
subsection (s).
| ||
(x)(1) The Agency shall have authority to distribute | ||
grants, subject to
appropriation by the General Assembly, | ||
to units of local government for
financing and construction | ||
of public water supply facilities. With respect
to all | ||
monies appropriated from the Build Illinois Bond Fund or | ||
the Build
Illinois Purposes Fund for public water supply | ||
grants, such grants shall be
made in accordance with rules | ||
promulgated by the Agency.
Such rules shall include a | ||
requirement for a local match of 30% of the
total project | ||
cost for projects funded through such grants.
| ||
(2) The Agency shall not terminate a grant to a unit of | ||
local government
for the financing and construction of | ||
public water supply facilities unless
and until the Agency | ||
adopts rules that set forth precise and complete
standards, | ||
pursuant to Section 5-20 of the Illinois Administrative
| ||
Procedure Act, for the termination of such grants. The | ||
Agency shall not
make determinations on whether specific | ||
grant conditions are necessary to
ensure the integrity of a | ||
project or on whether subagreements shall be
awarded, with | ||
respect to grants for the financing and construction of
| ||
public water supply facilities, unless and until the Agency | ||
adopts rules
that set forth precise and complete standards, | ||
pursuant to Section 5-20
of the Illinois Administrative | ||
Procedure Act, for making such
determinations. The Agency | ||
shall not issue a stop-work order in relation to
such | ||
grants unless and until the Agency adopts precise and | ||
complete standards,
pursuant to Section 5-20 of the | ||
Illinois Administrative Procedure Act, for
determining | ||
whether to issue a stop-work order.
| ||
(y) The Agency shall have authority to release any person | ||
from further
responsibility for preventive or corrective | ||
action under this Act following
successful completion of | ||
preventive or corrective action undertaken by such
person upon | ||
written request by the person.
| ||
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||