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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Civil Administrative Code of Illinois is | ||||||
5 | amended by changing Sections 5-15, 5-20, 5-300, 5-310, 5-315, | ||||||
6 | 5-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360, | ||||||
7 | 5-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415, and | ||||||
8 | 5-420 as follows:
| ||||||
9 | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| ||||||
10 | Sec. 5-15. Departments of State government. The | ||||||
11 | Departments of
State government are created as follows:
| ||||||
12 | The Department on Aging.
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13 | The Department of Agriculture.
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14 | The Department of Central Management Services.
| ||||||
15 | The Department of Children and Family Services.
| ||||||
16 | The Department of Commerce and Economic Opportunity.
| ||||||
17 | The Department of Corrections.
| ||||||
18 | The Department of Employment Security.
| ||||||
19 | The Illinois Emergency Management Agency.
| ||||||
20 | The Department of Financial and Professional Regulation.
| ||||||
21 | The Department of Healthcare and Family Services.
| ||||||
22 | The Department of Human Rights.
| ||||||
23 | The Department of Human Services.
|
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| |||||||
1 | The Department of Innovation and Technology. | ||||||
2 | The Department of Insurance. | ||||||
3 | The Department of Juvenile Justice.
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4 | The Department of Labor.
| ||||||
5 | The Department of the Lottery.
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6 | The Department of Natural Resources.
| ||||||
7 | The Department of Public Health.
| ||||||
8 | The Department of Revenue.
| ||||||
9 | The Department of State Police.
| ||||||
10 | The Department of Transportation.
| ||||||
11 | The Department of Veterans' Affairs.
| ||||||
12 | (Source: P.A. 100-611, eff. 7-20-18.)
| ||||||
13 | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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14 | Sec. 5-20. Heads of departments. Each department shall have | ||||||
15 | an
officer as its head who shall
be known as director or | ||||||
16 | secretary and who shall, subject to the
provisions of the Civil | ||||||
17 | Administrative Code of Illinois,
execute the powers and | ||||||
18 | discharge the duties
vested by law in his or her respective | ||||||
19 | department.
| ||||||
20 | The following officers are hereby created:
| ||||||
21 | Director of Aging, for the Department on Aging.
| ||||||
22 | Director of Agriculture, for the Department of | ||||||
23 | Agriculture.
| ||||||
24 | Director of Central Management Services, for the | ||||||
25 | Department of Central
Management Services.
|
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| |||||||
1 | Director of Children and Family Services, for the | ||||||
2 | Department of Children and
Family Services.
| ||||||
3 | Director of Commerce and Economic Opportunity, for
the | ||||||
4 | Department of Commerce
and Economic Opportunity.
| ||||||
5 | Director of Corrections, for the Department of | ||||||
6 | Corrections.
| ||||||
7 | Director of the Illinois Emergency Management Agency, for | ||||||
8 | the Illinois Emergency Management Agency.
| ||||||
9 | Director of Employment Security, for the Department of | ||||||
10 | Employment Security.
| ||||||
11 | Secretary of Financial and Professional Regulation, for | ||||||
12 | the Department of Financial and Professional Regulation.
| ||||||
13 | Director of Healthcare and Family Services, for the | ||||||
14 | Department of Healthcare and Family Services.
| ||||||
15 | Director of Human Rights, for the Department of Human | ||||||
16 | Rights.
| ||||||
17 | Secretary of Human Services, for the Department of Human | ||||||
18 | Services.
| ||||||
19 | Secretary of Innovation and Technology, for the Department | ||||||
20 | of Innovation and Technology. | ||||||
21 | Director of Insurance, for the Department of Insurance. | ||||||
22 | Director of Juvenile Justice, for the Department of | ||||||
23 | Juvenile Justice.
| ||||||
24 | Director of Labor, for the Department of Labor.
| ||||||
25 | Director of the Lottery, for the Department of the Lottery. | ||||||
26 | Director of Natural Resources, for the Department of |
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| |||||||
1 | Natural Resources.
| ||||||
2 | Director of Public Health, for the Department of Public | ||||||
3 | Health.
| ||||||
4 | Director of Revenue, for the Department of Revenue.
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5 | Director of State Police, for the Department of State | ||||||
6 | Police.
| ||||||
7 | Secretary of Transportation, for the Department of | ||||||
8 | Transportation.
| ||||||
9 | Director of Veterans' Affairs, for the Department of | ||||||
10 | Veterans' Affairs.
| ||||||
11 | (Source: P.A. 100-611, eff. 7-20-18.)
| ||||||
12 | (20 ILCS 5/5-300) (was 20 ILCS 5/9)
| ||||||
13 | Sec. 5-300. Officers' qualifications and salaries. The | ||||||
14 | executive
and administrative officers, whose offices are | ||||||
15 | created by this Act,
must have the qualifications prescribed by | ||||||
16 | law and shall receive annual
salaries, payable in equal monthly | ||||||
17 | installments, as designated in the
Sections following this | ||||||
18 | Section and preceding Section 5-500.
If set by the Governor, | ||||||
19 | those annual salaries may not exceed 85% of the
Governor's | ||||||
20 | annual salary. Notwithstanding any other provision of law, for | ||||||
21 | terms beginning after the effective date of this amendatory Act | ||||||
22 | of the 100th General Assembly, the annual salary of the | ||||||
23 | director or secretary and assistant director or assistant | ||||||
24 | secretary of each department created under Section 5-15 shall | ||||||
25 | be an amount equal to 15% more than the annual salary of the |
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| |||||||
1 | respective officer in effect as of December 31, 2018. The | ||||||
2 | calculation of the 2018 salary base for this adjustment shall | ||||||
3 | not include any cost of living adjustments, as authorized by | ||||||
4 | Senate Joint Resolution 192 of the 86th General Assembly, for | ||||||
5 | the period beginning July 1, 2009 to June 30, 2019. Beginning | ||||||
6 | July 1, 2019 and each July 1 thereafter, the directors, | ||||||
7 | secretaries, assistant directors, and assistant secretaries | ||||||
8 | shall receive an increase in salary based on a cost of living | ||||||
9 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
10 | 86th General Assembly.
| ||||||
11 | (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||||||
12 | eff.
6-28-01.)
| ||||||
13 | (20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
| ||||||
14 | Sec. 5-310. In the Department on Aging. For terms ending | ||||||
15 | before December 31, 2019, the The Director of Aging shall | ||||||
16 | receive
an annual salary as set by the
Compensation Review | ||||||
17 | Board.
| ||||||
18 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
19 | (20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
| ||||||
20 | Sec. 5-315. In the Department of Agriculture. For terms | ||||||
21 | ending before December 31, 2019, the The Director of | ||||||
22 | Agriculture
shall receive an annual salary as set by the | ||||||
23 | Compensation Review Board.
| ||||||
24 | For terms ending before December 31, 2019, the The |
| |||||||
| |||||||
1 | Assistant Director of Agriculture shall receive
an annual | ||||||
2 | salary as set by the Compensation Review Board.
| ||||||
3 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
4 | (20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
| ||||||
5 | Sec. 5-320. In the Department of Central Management | ||||||
6 | Services. For terms ending before December 31, 2019, the The | ||||||
7 | Director of Central Management Services shall receive an annual | ||||||
8 | salary as
set by the Compensation
Review Board.
| ||||||
9 | For terms ending before December 31, 2019, each Each | ||||||
10 | Assistant Director of Central Management Services shall | ||||||
11 | receive an
annual salary as set by
the Compensation Review | ||||||
12 | Board.
| ||||||
13 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
14 | (20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
| ||||||
15 | Sec. 5-325. In the Department of Children and Family | ||||||
16 | Services. For terms ending before December 31, 2019, the The | ||||||
17 | Director of Children and Family Services shall receive an | ||||||
18 | annual salary
as set by the Compensation Review
Board.
| ||||||
19 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
20 | (20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
| ||||||
21 | Sec. 5-330. In the Department of Commerce and Economic | ||||||
22 | Opportunity. For terms ending before December 31, 2019, the The
| ||||||
23 | Director of Commerce and Economic Opportunity shall receive an |
| |||||||
| |||||||
1 | annual salary as set by the Compensation Review
Board.
| ||||||
2 | For terms ending before December 31, 2019, the The | ||||||
3 | Assistant Director of Commerce and Economic Opportunity shall | ||||||
4 | receive
an annual salary as set by the
Compensation Review | ||||||
5 | Board.
| ||||||
6 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
7 | (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
| ||||||
8 | Sec. 5-335. In the Department of Corrections. For terms | ||||||
9 | ending before December 31, 2019, the The Director of | ||||||
10 | Corrections
shall receive an annual salary as set by the | ||||||
11 | Compensation Review Board.
| ||||||
12 | For terms ending before December 31, 2019, the The | ||||||
13 | Assistant Director of Corrections shall receive
an annual | ||||||
14 | salary as set by the
Compensation Review Board for the | ||||||
15 | Assistant Director of Corrections-Adult Division.
| ||||||
16 | (Source: P.A. 96-800, eff. 10-30-09; 97-1083, eff. 8-24-12.)
| ||||||
17 | (20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
| ||||||
18 | Sec. 5-340. In the Department of Employment Security. For | ||||||
19 | terms ending before December 31, 2019, the The Director of
| ||||||
20 | Employment Security shall receive an annual salary as set by | ||||||
21 | the Compensation Review Board.
| ||||||
22 | Each member of the Board of Review shall receive $15,000.
| ||||||
23 | (Source: P.A. 96-800, eff. 10-30-09.)
|
| |||||||
| |||||||
1 | (20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
| ||||||
2 | Sec. 5-345. In the Department of Financial and Professional | ||||||
3 | Regulation Institutions . For terms ending before December 31, | ||||||
4 | 2019, the Secretary of Financial and Professional Regulation | ||||||
5 | The Director of
Financial Institutions shall receive an annual | ||||||
6 | salary as set by the Compensation Review Board.
| ||||||
7 | For terms ending before December 31, 2019, the Director of | ||||||
8 | Financial Institutions, the Director of Professional | ||||||
9 | Regulation, the Director of Banking, and the Director of Real | ||||||
10 | Estate The Assistant Director of Financial Institutions shall | ||||||
11 | receive
an annual salary as set by the Compensation Review | ||||||
12 | Board.
| ||||||
13 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
14 | (20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
| ||||||
15 | Sec. 5-350. In the Department of Human Rights. For terms | ||||||
16 | ending before December 31, 2019, the The Director of Human | ||||||
17 | Rights
shall receive an annual salary as
set by the | ||||||
18 | Compensation Review Board.
| ||||||
19 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
20 | (20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
| ||||||
21 | Sec. 5-355. In the Department of Human Services. For terms | ||||||
22 | ending before December 31, 2019, the The Secretary of Human
| ||||||
23 | Services shall receive an annual salary as set by the | ||||||
24 | Compensation
Review Board.
|
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| |||||||
1 | For terms ending before December 31, 2019, the The | ||||||
2 | Assistant Secretaries of Human Services shall each receive an | ||||||
3 | annual
salary as set by the Compensation Review Board.
| ||||||
4 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
5 | (20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
| ||||||
6 | Sec. 5-360. In the Department of Insurance. For terms | ||||||
7 | ending before December 31, 2019, the The Director of Insurance
| ||||||
8 | shall receive an annual salary as set by the Compensation | ||||||
9 | Review Board.
| ||||||
10 | For terms ending before December 31, 2019, the The | ||||||
11 | Assistant Director of Insurance shall receive
an annual salary | ||||||
12 | as set by the Compensation Review Board.
| ||||||
13 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
14 | (20 ILCS 5/5-362)
| ||||||
15 | Sec. 5-362. In the Department of Juvenile Justice. For | ||||||
16 | terms ending before December 31, 2019, the The Director of | ||||||
17 | Juvenile Justice shall receive an annual salary as set by the | ||||||
18 | Compensation Review Board.
| ||||||
19 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
20 | (20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
| ||||||
21 | Sec. 5-365. In the Department of Labor. For terms ending | ||||||
22 | before December 31, 2019, the The Director of Labor shall
| ||||||
23 | receive an annual salary as set by the Compensation Review |
| |||||||
| |||||||
1 | Board.
| ||||||
2 | For terms ending before December 31, 2019, the The | ||||||
3 | Assistant Director of Labor shall receive
an annual salary as | ||||||
4 | set by the Compensation Review Board.
| ||||||
5 | The Chief Safety Inspector shall receive $24,700 from the | ||||||
6 | third Monday
in January, 1979 to the third Monday in January, | ||||||
7 | 1980, and $25,000
thereafter, or as set by the Compensation | ||||||
8 | Review Board, whichever is greater.
| ||||||
9 | The Superintendent of Occupational Safety and Health shall | ||||||
10 | receive
$27,500, or as set by the Compensation Review Board, | ||||||
11 | whichever is greater.
| ||||||
12 | The Superintendent of Women's and Children's Employment | ||||||
13 | shall receive
$22,000 from the third Monday in January, 1979 to | ||||||
14 | the third Monday in January,
1980, and $22,500 thereafter, or | ||||||
15 | as set by the
Compensation Review Board, whichever is greater.
| ||||||
16 | (Source: P.A. 98-874, eff. 1-1-15 .)
| ||||||
17 | (20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
| ||||||
18 | Sec. 5-375. In the Department of Natural Resources. For | ||||||
19 | terms ending before December 31, 2019 The Director of Natural | ||||||
20 | Resources shall continue to receive the annual
salary set by | ||||||
21 | law for the Director of Conservation until January 20, 1997.
| ||||||
22 | Beginning on that date , the Director of Natural Resources shall | ||||||
23 | receive an
annual salary as set by
the Compensation Review | ||||||
24 | Board.
| ||||||
25 | For terms ending before December 31, 2019 The Assistant |
| |||||||
| |||||||
1 | Director of Natural Resources shall continue to receive the
| ||||||
2 | annual salary set by law for the Assistant Director of | ||||||
3 | Conservation until
January 20, 1997. Beginning on that date , | ||||||
4 | the Assistant Director of Natural
Resources shall receive an | ||||||
5 | annual salary as set by the Compensation Review Board.
| ||||||
6 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
7 | (20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
| ||||||
8 | Sec. 5-395. In the Department of Healthcare and Family | ||||||
9 | Services. For terms ending before December 31, 2019, the The | ||||||
10 | Director of Healthcare and Family Services
shall receive an | ||||||
11 | annual salary as set by the Compensation Review Board.
| ||||||
12 | For terms ending before December 31, 2019, the The | ||||||
13 | Assistant Director of Healthcare and Family Services shall | ||||||
14 | receive
an annual salary as set by the Compensation Review | ||||||
15 | Board.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07; 96-800, eff. 10-30-09.)
| ||||||
17 | (20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
| ||||||
18 | Sec. 5-400. In the Department of Public Health. For terms | ||||||
19 | ending before December 31, 2019, the The Director of Public | ||||||
20 | Health shall receive
an annual salary as set by the | ||||||
21 | Compensation Review Board.
| ||||||
22 | For terms ending before December 31, 2019, the The | ||||||
23 | Assistant Director of Public Health shall receive
an annual | ||||||
24 | salary as set by the Compensation Review Board.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
2 | (20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
| ||||||
3 | Sec. 5-405. In the Department of Revenue. For terms ending | ||||||
4 | before December 31, 2019, the The Director of Revenue
shall | ||||||
5 | receive an annual salary as set by the Compensation Review | ||||||
6 | Board.
| ||||||
7 | For terms ending before December 31, 2019, the The | ||||||
8 | Assistant Director of Revenue shall receive an annual salary as | ||||||
9 | set by the Compensation Review Board.
| ||||||
10 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
11 | (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
| ||||||
12 | Sec. 5-410. In the Department of State Police. For terms | ||||||
13 | ending before December 31, 2019, the The Director of State
| ||||||
14 | Police shall receive an annual salary as set by the | ||||||
15 | Compensation Review Board.
| ||||||
16 | For terms ending before December 31, 2019, the The | ||||||
17 | Assistant Director of State Police shall receive
an annual | ||||||
18 | salary as set by the Compensation Review Board.
| ||||||
19 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
20 | (20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
| ||||||
21 | Sec. 5-415. In the Department of Transportation. For terms | ||||||
22 | ending before December 31, 2019, the The Secretary of
| ||||||
23 | Transportation shall receive an annual salary as set by the |
| |||||||
| |||||||
1 | Compensation Review Board.
| ||||||
2 | For terms ending before December 31, 2019, the The | ||||||
3 | Assistant Secretary of Transportation shall receive
an annual | ||||||
4 | salary as set by the Compensation Review Board.
| ||||||
5 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
6 | (20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
| ||||||
7 | Sec. 5-420. In the Department of Veterans' Affairs. For | ||||||
8 | terms ending before December 31, 2019, the The Director of
| ||||||
9 | Veterans' Affairs shall receive an annual salary as set by the | ||||||
10 | Compensation Review Board.
| ||||||
11 | For terms ending before December 31, 2019, the The | ||||||
12 | Assistant Director of Veterans' Affairs shall receive
an annual | ||||||
13 | salary as set by the Compensation Review Board.
| ||||||
14 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
15 | (20 ILCS 5/5-385 rep.) | ||||||
16 | (20 ILCS 5/5-390 rep.) | ||||||
17 | Section 7. The Civil Administrative Code of Illinois is | ||||||
18 | amended by repealing Sections 5-385 and 5-390. | ||||||
19 | Section 10. The Illinois Lottery Law is amended by changing | ||||||
20 | Section 5 as follows:
| ||||||
21 | (20 ILCS 1605/5) (from Ch. 120, par. 1155)
| ||||||
22 | Sec. 5. (a) The Department shall be under
the supervision |
| |||||||
| |||||||
1 | and direction
of a Director, who
shall be a person qualified by
| ||||||
2 | training and experience to perform the duties required by this | ||||||
3 | Act. The
Director shall be appointed by the Governor, by and | ||||||
4 | with the advice
and consent of the Senate. The term of office | ||||||
5 | of the Director shall
expire on the third Monday of January in | ||||||
6 | odd numbered years provided that
he or she shall hold office | ||||||
7 | until a successor is appointed and qualified. For terms ending | ||||||
8 | before December 31, 2019, the The annual salary of the Director | ||||||
9 | is $142,000. For terms beginning after the effective date of | ||||||
10 | this amendatory Act of the 100th General Assembly, the annual | ||||||
11 | salary of the Director shall be as provided in Section 5-300 of | ||||||
12 | the Civil Administrative Code of Illinois.
| ||||||
13 | Any vacancy occurring in the office of the Director shall | ||||||
14 | be
filled in the same manner as the original appointment. In | ||||||
15 | case of a vacancy during the recess of the Senate, the Governor | ||||||
16 | shall make a temporary appointment until the next meeting of | ||||||
17 | the Senate, when the Governor shall nominate some person to | ||||||
18 | fill the office, and any person so nominated who is confirmed | ||||||
19 | by the Senate shall hold office during the remainder of the | ||||||
20 | term and until his or her successor is appointed and qualified.
| ||||||
21 | During the absence or inability to act of the Director, or | ||||||
22 | in the case of a vacancy in the office of Director until a | ||||||
23 | successor is appointed and qualified, the Governor may | ||||||
24 | designate some person as Acting Director of the Lottery to | ||||||
25 | execute the powers and discharge the duties vested by law in | ||||||
26 | that office. A person who is designated as an Acting Director |
| |||||||
| |||||||
1 | shall not continue in office for more than 60 calendar days | ||||||
2 | unless the Governor files a message with the Secretary of the | ||||||
3 | Senate nominating that person to fill the office. After 60 | ||||||
4 | calendar days, the office is considered vacant and shall be | ||||||
5 | filled only under this Section. No person who has been | ||||||
6 | appointed by the Governor to serve as Acting Director shall, | ||||||
7 | except at the Senate's request, be designated again as an | ||||||
8 | Acting Director at the same session of that Senate, subject to | ||||||
9 | the provisions of this Section. A person appointed as an Acting | ||||||
10 | Director is not required to meet the requirements of paragraph | ||||||
11 | (1) of subsection (b) of this Section. In no case may the | ||||||
12 | Governor designate a person to serve as Acting Director if that | ||||||
13 | person has prior to the effective date of this amendatory Act | ||||||
14 | of the 97th General Assembly exercised any of the duties and | ||||||
15 | functions of the office of Director without having been | ||||||
16 | nominated by the Governor to serve as Director. | ||||||
17 | (b) The Director shall devote his or her entire time and | ||||||
18 | attention to the
duties of the office and shall not be engaged | ||||||
19 | in any other profession or
occupation.
| ||||||
20 | The Director shall: | ||||||
21 | (1) be qualified by training and experience to direct a | ||||||
22 | lottery, including, at a minimum, 5 years of senior | ||||||
23 | executive-level experience in the successful advertising, | ||||||
24 | marketing, and selling of consumer products, 4 years of | ||||||
25 | successful experience directing a lottery on behalf of a | ||||||
26 | governmental entity, or 5 years of successful senior-level |
| |||||||
| |||||||
1 | management experience at a lottery on behalf of a | ||||||
2 | governmental entity; | ||||||
3 | (2) have significant and meaningful management and | ||||||
4 | regulatory experience; and | ||||||
5 | (3) have a good reputation, particularly as a person of | ||||||
6 | honesty, independence, and integrity. | ||||||
7 | The Director shall not during his or her term of | ||||||
8 | appointment: become a candidate for any elective office; hold | ||||||
9 | any other elected or appointed public office; be actively | ||||||
10 | involved in the affairs of any political party or political | ||||||
11 | organization; advocate for the appointment of another person to | ||||||
12 | an appointed or elected office or position; or actively | ||||||
13 | participate in any campaign for any elective office. The | ||||||
14 | Director may be appointed to serve on a governmental advisory | ||||||
15 | or board study commission or as otherwise expressly authorized | ||||||
16 | by law. | ||||||
17 | (c) No person shall perform the duties and functions of the | ||||||
18 | Director, or otherwise exercise the authority of the Director, | ||||||
19 | unless the same shall have been appointed by the Governor | ||||||
20 | pursuant to this Section. | ||||||
21 | (Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.)
| ||||||
22 | Section 15. The Military Code of Illinois is amended by | ||||||
23 | changing Section 17 as follows:
| ||||||
24 | (20 ILCS 1805/17) (from Ch. 129, par. 220.17)
|
| |||||||
| |||||||
1 | Sec. 17.
The Adjutant General and the Assistant Adjutants | ||||||
2 | General
shall give their entire time to their military duties. | ||||||
3 | For terms ending before December 31, 2019, the The Adjutant | ||||||
4 | General
shall receive an annual salary as
set by the | ||||||
5 | Compensation Review Board, and each Assistant
Adjutant General | ||||||
6 | shall receive an annual salary as set by the Compensation | ||||||
7 | Review Board.
For terms beginning after the effective date of | ||||||
8 | this amendatory Act of the 100th General Assembly, the annual | ||||||
9 | salaries for the Adjutant General and the Assistant Adjutants | ||||||
10 | General shall be an amount equal to 15% more than the | ||||||
11 | respective officer's annual salary as of December 31, 2018. The | ||||||
12 | calculation of the 2018 salary base for this adjustment shall | ||||||
13 | not include any cost of living adjustments, as authorized by | ||||||
14 | Senate Joint Resolution 192 of the 86th General Assembly, for | ||||||
15 | the period beginning July 1, 2009 to June 30, 2019. Beginning | ||||||
16 | July 1, 2019 and each July 1 thereafter, the Adjutant General | ||||||
17 | and the Assistant Adjutants General shall receive an increase | ||||||
18 | in salary based on a cost of living adjustment as authorized by | ||||||
19 | Senate Joint Resolution 192 of the 86th General Assembly.
| ||||||
20 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
21 | Section 20. The State Fire Marshal Act is amended by | ||||||
22 | changing Section 1 as follows:
| ||||||
23 | (20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
| ||||||
24 | Sec. 1. There is hereby created the Office of the State |
| |||||||
| |||||||
1 | Fire
Marshal, hereinafter referred to as the Office.
| ||||||
2 | The Office shall be under an executive director who shall | ||||||
3 | be
appointed by the Governor with the advice and consent of the | ||||||
4 | Senate.
| ||||||
5 | The executive director of the Office shall be known as the | ||||||
6 | State Fire
Marshal . For terms ending before December 31, 2019, | ||||||
7 | the State Fire Marshal and shall receive an annual salary as | ||||||
8 | set by
the
Compensation Review Board.
For terms beginning after | ||||||
9 | the effective date of this amendatory Act of the 100th General | ||||||
10 | Assembly, the State Fire Marshal's annual salary shall be an | ||||||
11 | amount equal to 15% more than the State Fire Marshal's annual | ||||||
12 | salary as of December 31, 2018. The calculation of the 2018 | ||||||
13 | salary base for this adjustment shall not include any cost of | ||||||
14 | living adjustments, as authorized by Senate Joint Resolution | ||||||
15 | 192 of the 86th General Assembly, for the period beginning July | ||||||
16 | 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each July | ||||||
17 | 1 thereafter, the State Fire Marshal shall receive an increase | ||||||
18 | in salary based on a cost of living adjustment as authorized by | ||||||
19 | Senate Joint Resolution 192 of the 86th General Assembly.
| ||||||
20 | The Office of the State Fire Marshal shall have a division | ||||||
21 | that shall assume the duties of the Division of Fire
| ||||||
22 | Prevention, Department of Law Enforcement, and a division that | ||||||
23 | shall assume the duties of Illinois Fire
Protection Personnel | ||||||
24 | Standards and Education Commission. Each division
shall be | ||||||
25 | headed by a division manager who shall be employed by the Fire | ||||||
26 | Marshal, subject to the Personnel
Code, and shall be |
| |||||||
| |||||||
1 | responsible to the Fire Marshal.
| ||||||
2 | (Source: P.A. 96-800, eff. 10-30-09.)
| ||||||
3 | Section 25. The Illinois Emergency Management Agency Act is | ||||||
4 | amended by changing Section 5 as follows:
| ||||||
5 | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| ||||||
6 | Sec. 5. Illinois Emergency Management Agency.
| ||||||
7 | (a) There is created within the executive branch of the | ||||||
8 | State Government an
Illinois Emergency Management Agency and a | ||||||
9 | Director of the Illinois Emergency
Management Agency, herein | ||||||
10 | called the "Director" who shall be the head thereof.
The | ||||||
11 | Director shall be appointed by the Governor, with the advice | ||||||
12 | and consent of
the Senate, and shall serve for a term of 2 | ||||||
13 | years beginning on the third Monday
in January of the | ||||||
14 | odd-numbered year, and until a successor is appointed and
has | ||||||
15 | qualified; except that the term of the first Director appointed | ||||||
16 | under this
Act shall expire on the third Monday in January, | ||||||
17 | 1989. The Director shall not
hold any other remunerative public | ||||||
18 | office. For terms ending before December 31, 2019, the The | ||||||
19 | Director shall receive an annual
salary as set by the
| ||||||
20 | Compensation Review Board. For terms beginning after the | ||||||
21 | effective date of this amendatory Act of the 100th General | ||||||
22 | Assembly, the annual salary of the Director shall be as | ||||||
23 | provided in Section 5-300 of the Civil Administrative Code of | ||||||
24 | Illinois.
|
| |||||||
| |||||||
1 | (b) The Illinois Emergency Management Agency shall obtain, | ||||||
2 | under the
provisions of the Personnel Code, technical, | ||||||
3 | clerical, stenographic and other
administrative personnel, and | ||||||
4 | may make expenditures within the appropriation
therefor as may | ||||||
5 | be necessary to carry out the purpose of this Act. The agency
| ||||||
6 | created by this Act is intended to be a successor to the agency | ||||||
7 | created under
the Illinois Emergency Services and Disaster | ||||||
8 | Agency Act of 1975 and the
personnel, equipment, records, and | ||||||
9 | appropriations of that agency are
transferred to the successor | ||||||
10 | agency as of June 30, 1988 (the effective date of this Act).
| ||||||
11 | (c) The Director, subject to the direction and control of | ||||||
12 | the Governor,
shall be the executive head of the Illinois | ||||||
13 | Emergency Management Agency and
the State Emergency Response | ||||||
14 | Commission and shall be responsible under the
direction of the | ||||||
15 | Governor, for carrying out the program for emergency
management | ||||||
16 | of this State. The Director shall also maintain liaison
and | ||||||
17 | cooperate with
the emergency management organizations of this | ||||||
18 | State and other states and of
the federal government.
| ||||||
19 | (d) The Illinois Emergency Management Agency shall take an | ||||||
20 | integral part in
the development and revision of political | ||||||
21 | subdivision emergency operations
plans prepared under | ||||||
22 | paragraph (f) of Section 10. To this end it shall employ
or | ||||||
23 | otherwise secure the services of professional and technical | ||||||
24 | personnel
capable of providing expert assistance to the | ||||||
25 | emergency services and disaster
agencies. These personnel | ||||||
26 | shall consult with emergency services and disaster
agencies on |
| |||||||
| |||||||
1 | a regular basis and shall make field examinations of the areas,
| ||||||
2 | circumstances, and conditions that particular political | ||||||
3 | subdivision emergency
operations plans are intended to apply.
| ||||||
4 | (e) The Illinois Emergency Management Agency and political | ||||||
5 | subdivisions
shall be encouraged to form an emergency | ||||||
6 | management advisory committee composed
of private and public | ||||||
7 | personnel representing the emergency management phases of
| ||||||
8 | mitigation, preparedness, response, and recovery.
The Local | ||||||
9 | Emergency Planning Committee, as created under the Illinois
| ||||||
10 | Emergency
Planning and Community Right to Know Act, shall serve | ||||||
11 | as
an advisory
committee to the emergency services and disaster | ||||||
12 | agency or agencies serving
within the boundaries
of that Local | ||||||
13 | Emergency Planning Committee planning district for:
| ||||||
14 | (1) the development of emergency operations plan | ||||||
15 | provisions for hazardous
chemical
emergencies; and
| ||||||
16 | (2) the assessment of emergency response capabilities | ||||||
17 | related to hazardous
chemical
emergencies.
| ||||||
18 | (f) The Illinois Emergency Management Agency shall:
| ||||||
19 | (1) Coordinate the overall emergency management | ||||||
20 | program of the State.
| ||||||
21 | (2) Cooperate with local governments, the federal | ||||||
22 | government and any
public or private agency or entity in | ||||||
23 | achieving any purpose of this Act and
in implementing | ||||||
24 | emergency management programs for mitigation, | ||||||
25 | preparedness,
response, and recovery.
| ||||||
26 | (2.5) Develop a comprehensive emergency preparedness |
| |||||||
| |||||||
1 | and response plan for any nuclear
accident in accordance | ||||||
2 | with Section 65 of the Department of Nuclear Safety
Law of | ||||||
3 | 2004 (20 ILCS 3310) and in development of the
Illinois
| ||||||
4 | Nuclear Safety Preparedness program in accordance with | ||||||
5 | Section 8 of the
Illinois Nuclear Safety Preparedness Act.
| ||||||
6 | (2.6) Coordinate with the Department of Public Health
| ||||||
7 | with respect to planning for and responding to public | ||||||
8 | health emergencies.
| ||||||
9 | (3) Prepare, for issuance by the Governor, executive | ||||||
10 | orders,
proclamations, and regulations as necessary or | ||||||
11 | appropriate in coping with
disasters.
| ||||||
12 | (4) Promulgate rules and requirements for political | ||||||
13 | subdivision
emergency operations plans that are not | ||||||
14 | inconsistent with and are at least
as stringent as | ||||||
15 | applicable federal laws and regulations.
| ||||||
16 | (5) Review and approve, in accordance with Illinois | ||||||
17 | Emergency Management
Agency rules, emergency operations
| ||||||
18 | plans for those political subdivisions required to have an | ||||||
19 | emergency services
and disaster agency pursuant to this | ||||||
20 | Act.
| ||||||
21 | (5.5) Promulgate rules and requirements for the | ||||||
22 | political subdivision
emergency management
exercises, | ||||||
23 | including, but not limited to, exercises of the emergency | ||||||
24 | operations
plans.
| ||||||
25 | (5.10) Review, evaluate, and approve, in accordance | ||||||
26 | with Illinois
Emergency
Management
Agency rules, political |
| |||||||
| |||||||
1 | subdivision emergency management exercises for those
| ||||||
2 | political subdivisions
required to have an emergency | ||||||
3 | services and disaster agency pursuant to this
Act.
| ||||||
4 | (6) Determine requirements of the State and its | ||||||
5 | political
subdivisions
for food, clothing, and other | ||||||
6 | necessities in event of a disaster.
| ||||||
7 | (7) Establish a register of persons with types of | ||||||
8 | emergency
management
training and skills in mitigation, | ||||||
9 | preparedness, response, and recovery.
| ||||||
10 | (8) Establish a register of government and private | ||||||
11 | response
resources
available for use in a disaster.
| ||||||
12 | (9) Expand the Earthquake Awareness Program and its | ||||||
13 | efforts to
distribute earthquake preparedness materials to | ||||||
14 | schools, political
subdivisions, community groups, civic | ||||||
15 | organizations, and the media.
Emphasis will be placed on | ||||||
16 | those areas of the State most at risk from an
earthquake. | ||||||
17 | Maintain the list of all school districts, hospitals,
| ||||||
18 | airports, power plants, including nuclear power plants, | ||||||
19 | lakes, dams,
emergency response facilities of all types, | ||||||
20 | and all other major public or
private structures which are | ||||||
21 | at the greatest risk of damage from
earthquakes under | ||||||
22 | circumstances where the damage would cause subsequent
harm | ||||||
23 | to the surrounding communities and residents.
| ||||||
24 | (10) Disseminate all information, completely and | ||||||
25 | without
delay, on water
levels for rivers and streams and | ||||||
26 | any other data pertaining to potential
flooding supplied by |
| |||||||
| |||||||
1 | the Division of Water Resources within the Department of
| ||||||
2 | Natural Resources to all political subdivisions to the | ||||||
3 | maximum extent possible.
| ||||||
4 | (11) Develop agreements, if feasible, with medical | ||||||
5 | supply and
equipment
firms to
supply resources as are | ||||||
6 | necessary to respond to an earthquake or any other
disaster | ||||||
7 | as defined in this Act. These resources will be made | ||||||
8 | available
upon notifying the vendor of the disaster. | ||||||
9 | Payment for the resources will
be in accordance with | ||||||
10 | Section 7 of this Act. The Illinois Department of
Public | ||||||
11 | Health shall determine which resources will be required and | ||||||
12 | requested.
| ||||||
13 | (11.5) In coordination with the Department of State | ||||||
14 | Police, develop and
implement a community outreach program | ||||||
15 | to promote awareness among the State's
parents and children | ||||||
16 | of child abduction prevention and response.
| ||||||
17 | (12) Out of funds appropriated for these purposes, | ||||||
18 | award capital and
non-capital grants to Illinois hospitals | ||||||
19 | or health care facilities located
outside of a city with a | ||||||
20 | population in excess of 1,000,000 to be used for
purposes | ||||||
21 | that include, but are not limited to, preparing to respond | ||||||
22 | to mass
casualties and disasters, maintaining and | ||||||
23 | improving patient safety and
quality of care, and | ||||||
24 | protecting the confidentiality of patient information.
No | ||||||
25 | single grant for a capital expenditure shall exceed | ||||||
26 | $300,000.
No single grant for a non-capital expenditure |
| |||||||
| |||||||
1 | shall exceed $100,000.
In awarding such grants, preference | ||||||
2 | shall be given to hospitals that serve
a significant number | ||||||
3 | of Medicaid recipients, but do not qualify for
| ||||||
4 | disproportionate share hospital adjustment payments under | ||||||
5 | the Illinois Public
Aid Code. To receive such a grant, a | ||||||
6 | hospital or health care facility must
provide funding of at | ||||||
7 | least 50% of the cost of the project for which the grant
is | ||||||
8 | being requested.
In awarding such grants the Illinois | ||||||
9 | Emergency Management Agency shall consider
the | ||||||
10 | recommendations of the Illinois Hospital Association.
| ||||||
11 | (13) Do all other things necessary, incidental or | ||||||
12 | appropriate
for the implementation of this Act.
| ||||||
13 | (g) The Illinois Emergency Management Agency is authorized | ||||||
14 | to make grants to various higher education institutions, public | ||||||
15 | K-12 school districts, area vocational centers as designated by | ||||||
16 | the State Board of Education, inter-district special education | ||||||
17 | cooperatives, regional safe schools, and nonpublic K-12 | ||||||
18 | schools for safety and security improvements. For the purpose | ||||||
19 | of this subsection (g), "higher education institution" means a | ||||||
20 | public university, a public community college, or an | ||||||
21 | independent, not-for-profit or for-profit higher education | ||||||
22 | institution located in this State. Grants made under this | ||||||
23 | subsection (g) shall be paid out of moneys appropriated for | ||||||
24 | that purpose from the Build Illinois Bond Fund. The Illinois | ||||||
25 | Emergency Management Agency shall adopt rules to implement this | ||||||
26 | subsection (g). These rules may specify: (i) the manner of |
| |||||||
| |||||||
1 | applying for grants; (ii) project eligibility requirements; | ||||||
2 | (iii) restrictions on the use of grant moneys; (iv) the manner | ||||||
3 | in which the various higher education institutions must account | ||||||
4 | for the use of grant moneys; and (v) any other provision that | ||||||
5 | the Illinois Emergency Management Agency determines to be | ||||||
6 | necessary or useful for the administration of this subsection | ||||||
7 | (g). | ||||||
8 | (g-5) The Illinois Emergency Management Agency is | ||||||
9 | authorized to make grants to not-for-profit organizations | ||||||
10 | which are exempt from federal income taxation under section | ||||||
11 | 501(c)(3) of the Federal Internal Revenue Code for eligible | ||||||
12 | security improvements that assist the organization in | ||||||
13 | preventing, preparing for, or responding to acts of terrorism. | ||||||
14 | The Director shall establish procedures and forms by which | ||||||
15 | applicants may apply for a grant and procedures for | ||||||
16 | distributing grants to recipients. The procedures shall | ||||||
17 | require each applicant to do the following: | ||||||
18 | (1) identify and substantiate prior threats or attacks | ||||||
19 | by a terrorist organization, network, or cell against the | ||||||
20 | not-for-profit organization; | ||||||
21 | (2) indicate the symbolic or strategic value of one or | ||||||
22 | more sites that renders the site a possible target of | ||||||
23 | terrorism; | ||||||
24 | (3) discuss potential consequences to the organization | ||||||
25 | if the site is damaged, destroyed, or disrupted by a | ||||||
26 | terrorist act; |
| |||||||
| |||||||
1 | (4) describe how the grant will be used to integrate | ||||||
2 | organizational preparedness with broader State and local | ||||||
3 | preparedness efforts; | ||||||
4 | (5) submit a vulnerability assessment conducted by | ||||||
5 | experienced security, law enforcement, or military | ||||||
6 | personnel, and a description of how the grant award will be | ||||||
7 | used to address the vulnerabilities identified in the | ||||||
8 | assessment; and | ||||||
9 | (6) submit any other relevant information as may be | ||||||
10 | required by the Director. | ||||||
11 | The Agency is authorized to use funds appropriated for the | ||||||
12 | grant program described in this subsection (g-5) to administer | ||||||
13 | the program. | ||||||
14 | (h) Except as provided in Section 17.5 of this Act, any | ||||||
15 | moneys received by the Agency from donations or sponsorships | ||||||
16 | shall be deposited in the Emergency Planning and Training Fund | ||||||
17 | and used by the Agency, subject to appropriation, to effectuate | ||||||
18 | planning and training activities. | ||||||
19 | (i) The Illinois Emergency Management Agency may by rule | ||||||
20 | assess and collect reasonable fees for attendance at | ||||||
21 | Agency-sponsored conferences to enable the Agency to carry out | ||||||
22 | the requirements of this Act. Any moneys received under this | ||||||
23 | subsection shall be deposited in the Emergency Planning and | ||||||
24 | Training Fund and used by the Agency, subject to appropriation, | ||||||
25 | for planning and training activities. | ||||||
26 | (j) The Illinois Emergency Management Agency is authorized |
| |||||||
| |||||||
1 | to make grants to other State agencies, public universities, | ||||||
2 | units of local government, and statewide mutual aid | ||||||
3 | organizations to enhance statewide emergency preparedness and | ||||||
4 | response. | ||||||
5 | (Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17; | ||||||
6 | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; revised | ||||||
7 | 10-22-18.)
| ||||||
8 | Section 30. The Illinois Power Agency Act is amended by | ||||||
9 | changing Section 1-70 as follows: | ||||||
10 | (20 ILCS 3855/1-70)
| ||||||
11 | Sec. 1-70. Agency officials. | ||||||
12 | (a) The Agency shall have a Director who meets the | ||||||
13 | qualifications specified in Section 5-222 of the Civil | ||||||
14 | Administrative Code of Illinois (20 ILCS 5/5-222) . | ||||||
15 | (b) Within the Illinois Power Agency, the Agency shall | ||||||
16 | establish a Planning and Procurement Bureau and may establish a | ||||||
17 | Resource Development Bureau. Each Bureau shall report to the | ||||||
18 | Director. | ||||||
19 | (c) The Chief of the Planning and Procurement Bureau shall | ||||||
20 | be appointed by the Director, at the Director's sole | ||||||
21 | discretion, and (i) shall have at least 5 years of direct | ||||||
22 | experience in electricity supply planning and procurement and | ||||||
23 | (ii) shall also hold an advanced degree in risk management, | ||||||
24 | law, business, or a related field. |
| |||||||
| |||||||
1 | (d) The Chief of the Resource Development Bureau may be | ||||||
2 | appointed by the Director and (i) shall have at least 5 years | ||||||
3 | of direct experience in electric generating project | ||||||
4 | development and (ii) shall also hold an advanced degree in | ||||||
5 | economics, engineering, law, business, or a related field. | ||||||
6 | (e) For terms ending before December 31, 2019, the The | ||||||
7 | Director shall receive an annual salary of $100,000 or as set | ||||||
8 | by the Compensation Review Board, whichever is higher. For | ||||||
9 | terms ending before December 31, 2019, the The Bureau Chiefs | ||||||
10 | shall each receive an annual salary of $85,000 or as set by the | ||||||
11 | Compensation Review Board, whichever is higher. For terms | ||||||
12 | beginning after the effective date of this amendatory Act of | ||||||
13 | the 100th General Assembly, the annual salaries for the | ||||||
14 | Director and the Bureau Chiefs shall be an amount equal to 15% | ||||||
15 | more than the respective position's annual salary as of | ||||||
16 | December 31, 2018. The calculation of the 2018 salary base for | ||||||
17 | this adjustment shall not include any cost of living | ||||||
18 | adjustments, as authorized by Senate Joint Resolution 192 of | ||||||
19 | the 86th General Assembly, for the period beginning July 1, | ||||||
20 | 2009 to June 30, 2019. Beginning July 1, 2019 and each July 1 | ||||||
21 | thereafter, the Director and the Bureau Chiefs shall receive an | ||||||
22 | increase in salary based on a cost of living adjustment as | ||||||
23 | authorized by Senate Joint Resolution 192 of the 86th General | ||||||
24 | Assembly. | ||||||
25 | (f) The Director and Bureau Chiefs shall not, for 2 years | ||||||
26 | prior to appointment or for 2 years after he or she leaves his |
| |||||||
| |||||||
1 | or her position, be employed by an electric utility, | ||||||
2 | independent power producer, power marketer, or alternative | ||||||
3 | retail electric supplier regulated by the Commission or the | ||||||
4 | Federal Energy Regulatory Commission. | ||||||
5 | (g) The Director and Bureau Chiefs are prohibited from: (i) | ||||||
6 | owning, directly or indirectly, 5% or more of the voting | ||||||
7 | capital stock of an electric utility, independent power | ||||||
8 | producer, power marketer, or alternative retail electric | ||||||
9 | supplier; (ii) being in any chain of successive ownership of 5% | ||||||
10 | or more of the voting capital stock of any electric utility, | ||||||
11 | independent power producer, power marketer, or alternative | ||||||
12 | retail electric supplier; (iii) receiving any form of | ||||||
13 | compensation, fee, payment, or other consideration from an | ||||||
14 | electric utility, independent power producer, power marketer, | ||||||
15 | or alternative retail electric supplier, including legal fees, | ||||||
16 | consulting fees, bonuses, or other sums. These limitations do | ||||||
17 | not apply to any compensation received pursuant to a defined | ||||||
18 | benefit plan or other form of deferred compensation, provided | ||||||
19 | that the individual has otherwise severed all ties to the | ||||||
20 | utility, power producer, power marketer, or alternative retail | ||||||
21 | electric supplier.
| ||||||
22 | (Source: P.A. 99-536, eff. 7-8-16.) | ||||||
23 | Section 35. The Environmental Protection Act is amended by | ||||||
24 | changing Section 4 as follows:
|
| |||||||
| |||||||
1 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| ||||||
2 | Sec. 4. Environmental Protection Agency; establishment; | ||||||
3 | duties.
| ||||||
4 | (a) There is established in the Executive Branch of the | ||||||
5 | State Government an
agency to be known as the Environmental | ||||||
6 | Protection Agency. This Agency shall
be under the supervision | ||||||
7 | and direction of a Director who shall be appointed by
the | ||||||
8 | Governor with the advice and consent of the Senate. The term of | ||||||
9 | office
of the Director shall expire on the third Monday of | ||||||
10 | January in odd numbered
years, provided that he or she shall | ||||||
11 | hold office until a successor is appointed
and has qualified. | ||||||
12 | For terms ending before December 31, 2019, the The Director | ||||||
13 | shall
receive an annual salary as set by
the Compensation | ||||||
14 | Review Board. For terms beginning after the effective date of | ||||||
15 | this amendatory Act of the 100th General Assembly, the | ||||||
16 | Director's annual salary shall be an amount equal to 15% more | ||||||
17 | than the Director's annual salary as of December 31, 2018. The | ||||||
18 | calculation of the 2018 salary base for this adjustment shall | ||||||
19 | not include any cost of living adjustments, as authorized by | ||||||
20 | Senate Joint Resolution 192 of the 86th General Assembly, for | ||||||
21 | the period beginning July 1, 2009 to June 30, 2019. Beginning | ||||||
22 | July 1, 2019 and each July 1 thereafter, the Director shall | ||||||
23 | receive an increase in salary based on a cost of living | ||||||
24 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
25 | 86th General Assembly. The Director, in accord with the | ||||||
26 | Personnel Code, shall employ and
direct such personnel, and |
| |||||||
| |||||||
1 | shall provide for such laboratory and other
facilities, as may | ||||||
2 | be necessary to carry out the purposes of this Act. In
| ||||||
3 | addition, the Director may by agreement secure such services as | ||||||
4 | he or she
may deem necessary from any other department, agency, | ||||||
5 | or unit of the State
Government, and may employ and compensate | ||||||
6 | such consultants and technical
assistants as may be required.
| ||||||
7 | (b) The Agency shall have the duty to collect and | ||||||
8 | disseminate such
information, acquire such technical data, and | ||||||
9 | conduct such experiments
as may be required to carry out the | ||||||
10 | purposes of this Act, including
ascertainment of the quantity | ||||||
11 | and nature of discharges from any
contaminant source and data | ||||||
12 | on those sources, and to operate and arrange
for the operation | ||||||
13 | of devices for the monitoring of environmental quality.
| ||||||
14 | (c) The Agency shall have authority to conduct a program of
| ||||||
15 | continuing surveillance and of regular or periodic inspection | ||||||
16 | of actual
or potential contaminant or noise sources, of public | ||||||
17 | water supplies, and
of refuse disposal sites.
| ||||||
18 | (d) In accordance with constitutional limitations,
the | ||||||
19 | Agency shall have authority to enter at all reasonable times
| ||||||
20 | upon any private or public property for the purpose of:
| ||||||
21 | (1) Inspecting and investigating to ascertain possible | ||||||
22 | violations of
this Act, any rule or regulation adopted | ||||||
23 | under this Act, any permit or
term or condition of a | ||||||
24 | permit, or any Board order; or
| ||||||
25 | (2) In accordance with the provisions of this Act, | ||||||
26 | taking whatever
preventive or corrective action, including |
| |||||||
| |||||||
1 | but not limited to removal or
remedial action, that is | ||||||
2 | necessary or appropriate whenever there is a
release or a | ||||||
3 | substantial threat of a release of (A) a hazardous
| ||||||
4 | substance or pesticide or (B) petroleum from an underground | ||||||
5 | storage tank.
| ||||||
6 | (e) The Agency shall have the duty to investigate | ||||||
7 | violations of this
Act, any rule or regulation adopted under | ||||||
8 | this Act, any permit or
term or condition of a permit, or any | ||||||
9 | Board order;
to issue administrative citations as provided in | ||||||
10 | Section 31.1 of this
Act; and to take such summary enforcement | ||||||
11 | action as is provided
for by Section 34 of this Act.
| ||||||
12 | (f) The Agency shall appear before the Board in any hearing | ||||||
13 | upon a
petition for variance or time-limited water quality | ||||||
14 | standard, the denial of a permit, or the validity or effect
of | ||||||
15 | a rule or regulation of the Board, and shall have the authority | ||||||
16 | to
appear before the Board in any hearing under the Act.
| ||||||
17 | (g) The Agency shall have the duty to administer, in accord | ||||||
18 | with
Title X of this Act, such permit and certification systems | ||||||
19 | as may be
established by this Act or by regulations adopted | ||||||
20 | thereunder.
The Agency may enter into written delegation | ||||||
21 | agreements with any department,
agency, or unit of State or | ||||||
22 | local government under which all or portions
of this duty may | ||||||
23 | be delegated for public water supply storage and transport
| ||||||
24 | systems, sewage collection and transport systems, air | ||||||
25 | pollution control
sources with uncontrolled emissions of 100 | ||||||
26 | tons per year or less and
application of algicides to waters of |
| |||||||
| |||||||
1 | the State. Such delegation
agreements will require that the | ||||||
2 | work to be performed thereunder will be
in accordance with | ||||||
3 | Agency criteria, subject to Agency review, and shall
include | ||||||
4 | such financial and program auditing by the Agency as may be | ||||||
5 | required.
| ||||||
6 | (h) The Agency shall have authority to require the | ||||||
7 | submission of
complete plans and specifications from any | ||||||
8 | applicant for a permit
required by this Act or by regulations | ||||||
9 | thereunder, and to require the
submission of such reports | ||||||
10 | regarding actual or potential violations of
this Act, any rule | ||||||
11 | or regulation adopted under this Act, any permit or
term or | ||||||
12 | condition of a permit, or any Board order, as may be necessary | ||||||
13 | for the purposes of
this Act.
| ||||||
14 | (i) The Agency shall have authority to make recommendations | ||||||
15 | to the
Board for the adoption of regulations under Title VII of | ||||||
16 | the Act.
| ||||||
17 | (j) The Agency shall have the duty to represent the State | ||||||
18 | of
Illinois in any and all matters pertaining to plans, | ||||||
19 | procedures, or
negotiations for interstate compacts or other | ||||||
20 | governmental arrangements
relating to environmental | ||||||
21 | protection.
| ||||||
22 | (k) The Agency shall have the authority to accept, receive, | ||||||
23 | and
administer on behalf of the State any grants, gifts, loans, | ||||||
24 | indirect cost
reimbursements, or other funds made available to | ||||||
25 | the State from any source
for purposes of this Act or for air | ||||||
26 | or water pollution control, public water
supply, solid waste |
| |||||||
| |||||||
1 | disposal, noise abatement, or other environmental
protection | ||||||
2 | activities, surveys, or programs. Any federal funds received by | ||||||
3 | the
Agency pursuant to this subsection shall be deposited in a | ||||||
4 | trust fund with the
State Treasurer and held and disbursed by | ||||||
5 | him in accordance with Treasurer as
Custodian of Funds Act, | ||||||
6 | provided that such monies shall be used only for the
purposes | ||||||
7 | for which they are contributed and any balance remaining shall | ||||||
8 | be
returned to the contributor.
| ||||||
9 | The Agency is authorized to promulgate such regulations and | ||||||
10 | enter
into such contracts as it may deem necessary for carrying | ||||||
11 | out the
provisions of this subsection.
| ||||||
12 | (l) The Agency is hereby designated as water pollution | ||||||
13 | agency for
the state for all purposes of the Federal Water | ||||||
14 | Pollution Control Act, as
amended; as implementing agency for | ||||||
15 | the State for all purposes of the Safe
Drinking Water Act, | ||||||
16 | Public Law 93-523, as now or hereafter amended, except
Section | ||||||
17 | 1425 of that Act; as air pollution agency for the state for all
| ||||||
18 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
19 | approved December 31,
1970, as amended; and as solid waste | ||||||
20 | agency for the state for all purposes of
the Solid Waste | ||||||
21 | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||||||
22 | amended by the Resource Recovery Act of 1970, Public Law | ||||||
23 | 91-512, approved
October 26, 1970, as amended, and amended by | ||||||
24 | the Resource Conservation and
Recovery Act of 1976, (P.L. | ||||||
25 | 94-580) approved October 21, 1976, as amended; as
noise control | ||||||
26 | agency for the state for all purposes of the Noise Control Act |
| |||||||
| |||||||
1 | of
1972, Public Law 92-574, approved October 27, 1972, as | ||||||
2 | amended; and as
implementing agency for the State for all | ||||||
3 | purposes of the Comprehensive
Environmental Response, | ||||||
4 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
5 | amended; and otherwise as pollution control agency for the | ||||||
6 | State pursuant
to federal laws integrated with the foregoing | ||||||
7 | laws, for financing purposes or
otherwise. The Agency is hereby | ||||||
8 | authorized to take all action necessary or
appropriate to | ||||||
9 | secure to the State the benefits of such federal Acts, provided
| ||||||
10 | that the Agency shall transmit to the United States without | ||||||
11 | change any
standards adopted by the Pollution Control Board | ||||||
12 | pursuant to Section 5(c) of
this Act. This subsection (l) of | ||||||
13 | Section 4 shall not be construed to bar or
prohibit the | ||||||
14 | Environmental Protection Trust Fund Commission from accepting,
| ||||||
15 | receiving, and administering on behalf of the State any grants, | ||||||
16 | gifts,
loans or other funds for which the Commission is | ||||||
17 | eligible pursuant to the
Environmental Protection Trust Fund | ||||||
18 | Act. The Agency is hereby designated as
the State agency for | ||||||
19 | all purposes of administering the requirements of Section
313 | ||||||
20 | of the federal Emergency Planning and Community Right-to-Know | ||||||
21 | Act of 1986.
| ||||||
22 | Any municipality, sanitary district, or other political | ||||||
23 | subdivision,
or any Agency of the State or interstate Agency, | ||||||
24 | which makes application
for loans or grants under such federal | ||||||
25 | Acts shall notify the Agency of
such application; the Agency | ||||||
26 | may participate in proceedings under such
federal Acts.
|
| |||||||
| |||||||
1 | (m) The Agency shall have authority, consistent with | ||||||
2 | Section 5(c)
and other provisions of this Act, and for purposes | ||||||
3 | of Section 303(e) of
the Federal Water Pollution Control Act, | ||||||
4 | as now or hereafter amended,
to engage in planning processes | ||||||
5 | and activities and to develop
plans in cooperation with units | ||||||
6 | of local government, state agencies and
officers, and other | ||||||
7 | appropriate persons in connection with the
jurisdiction or | ||||||
8 | duties of each such unit, agency, officer or person.
Public | ||||||
9 | hearings shall be held on the planning process, at which any
| ||||||
10 | person shall be permitted to appear and be heard, pursuant to | ||||||
11 | procedural
regulations promulgated by the Agency.
| ||||||
12 | (n) In accordance with the powers conferred upon the Agency | ||||||
13 | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||||||
14 | Agency shall
have authority to establish and enforce minimum | ||||||
15 | standards for the
operation of laboratories relating to | ||||||
16 | analyses and laboratory tests for
air pollution, water | ||||||
17 | pollution, noise emissions, contaminant discharges
onto land | ||||||
18 | and sanitary, chemical, and mineral quality of water
| ||||||
19 | distributed by a public water supply. The Agency may enter into | ||||||
20 | formal
working agreements with other departments or agencies of | ||||||
21 | state
government under which all or portions of this authority | ||||||
22 | may be
delegated to the cooperating department or agency.
| ||||||
23 | (o) The Agency shall have the authority to issue | ||||||
24 | certificates of
competency to persons and laboratories meeting | ||||||
25 | the minimum standards
established by the Agency in accordance | ||||||
26 | with Section 4(n) of this Act
and to promulgate and enforce |
| |||||||
| |||||||
1 | regulations relevant to the issuance and
use of such | ||||||
2 | certificates. The Agency may enter into formal working
| ||||||
3 | agreements with other departments or agencies of state | ||||||
4 | government under
which all or portions of this authority may be | ||||||
5 | delegated to the
cooperating department or agency.
| ||||||
6 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
7 | have the
duty to analyze samples as required
from each public | ||||||
8 | water supply to determine compliance with the
contaminant | ||||||
9 | levels specified by the Pollution Control Board. The maximum
| ||||||
10 | number of samples which the Agency shall be required to analyze | ||||||
11 | for
microbiological quality shall be 6 per month, but the | ||||||
12 | Agency may, at its
option, analyze a larger number each month | ||||||
13 | for any supply. Results of
sample analyses for additional | ||||||
14 | required bacteriological testing,
turbidity, residual chlorine | ||||||
15 | and radionuclides are to be provided to the
Agency in | ||||||
16 | accordance with Section 19. Owners of water supplies may enter
| ||||||
17 | into agreements with the Agency to provide for reduced Agency
| ||||||
18 | participation in sample analyses.
| ||||||
19 | (q) The Agency shall have the authority to provide notice | ||||||
20 | to any
person who may be liable pursuant to Section 22.2(f) of | ||||||
21 | this Act for a
release or a substantial threat of a release of | ||||||
22 | a hazardous substance or
pesticide. Such notice shall include | ||||||
23 | the identified response action and an
opportunity for such | ||||||
24 | person to perform the response action.
| ||||||
25 | (r) The Agency may enter into written delegation agreements | ||||||
26 | with any
unit of local government under which it may delegate |
| |||||||
| |||||||
1 | all or portions of its
inspecting, investigating and | ||||||
2 | enforcement functions. Such delegation
agreements shall | ||||||
3 | require that work performed thereunder be in accordance
with | ||||||
4 | Agency criteria and subject to Agency review.
Notwithstanding | ||||||
5 | any other provision of law to the contrary, no unit of
local | ||||||
6 | government shall be liable for any injury resulting from the | ||||||
7 | exercise
of its authority pursuant to such a delegation | ||||||
8 | agreement unless the injury
is proximately caused by the | ||||||
9 | willful and wanton negligence of an agent or
employee of the | ||||||
10 | unit of local government, and any policy of insurance
coverage | ||||||
11 | issued to a unit of local government may provide for the denial | ||||||
12 | of
liability and the nonpayment of claims based upon injuries | ||||||
13 | for which the unit
of local government is not liable pursuant | ||||||
14 | to this subsection (r).
| ||||||
15 | (s) The Agency shall have authority to take whatever | ||||||
16 | preventive or
corrective action is necessary or appropriate, | ||||||
17 | including but not limited to
expenditure of monies appropriated | ||||||
18 | from the Build Illinois Bond Fund and
the Build Illinois | ||||||
19 | Purposes Fund for removal or remedial action, whenever
any | ||||||
20 | hazardous substance or pesticide is released or
there is a | ||||||
21 | substantial threat of such a release into the environment. The
| ||||||
22 | State, the Director, and any State employee shall be | ||||||
23 | indemnified for any
damages or injury arising out of or | ||||||
24 | resulting from any action taken under
this subsection. The | ||||||
25 | Director of the Agency is authorized to enter into
such | ||||||
26 | contracts and agreements as are necessary
to carry out the |
| |||||||
| |||||||
1 | Agency's duties under this subsection.
| ||||||
2 | (t) The Agency shall have authority to distribute grants, | ||||||
3 | subject to
appropriation by the General Assembly, to units of | ||||||
4 | local government for financing and construction of
wastewater | ||||||
5 | facilities in both incorporated and unincorporated areas. With | ||||||
6 | respect to all monies appropriated
from the Build Illinois Bond | ||||||
7 | Fund and the Build Illinois Purposes
Fund for wastewater | ||||||
8 | facility grants, the Agency shall make
distributions in | ||||||
9 | conformity with the rules and regulations established
pursuant | ||||||
10 | to the Anti-Pollution Bond Act, as now or hereafter amended.
| ||||||
11 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
12 | the
Agency shall have the authority to adopt such rules as are | ||||||
13 | necessary or
appropriate for the Agency to implement Section | ||||||
14 | 31.1 of this Act.
| ||||||
15 | (v) (Blank.)
| ||||||
16 | (w) Neither the State, nor the Director, nor the Board, nor | ||||||
17 | any State
employee shall be liable for any damages or injury | ||||||
18 | arising out of or
resulting from any action taken under | ||||||
19 | subsection (s).
| ||||||
20 | (x)(1) The Agency shall have authority to distribute | ||||||
21 | grants, subject to
appropriation by the General Assembly, to | ||||||
22 | units of local government for
financing and construction of | ||||||
23 | public water supply facilities. With respect
to all monies | ||||||
24 | appropriated from the Build Illinois Bond Fund or the Build
| ||||||
25 | Illinois Purposes Fund for public water supply grants, such | ||||||
26 | grants shall be
made in accordance with rules promulgated by |
| |||||||
| |||||||
1 | the Agency.
Such rules shall include a requirement for a local | ||||||
2 | match of 30% of the
total project cost for projects funded | ||||||
3 | through such grants.
| ||||||
4 | (2) The Agency shall not terminate a grant to a unit of | ||||||
5 | local government
for the financing and construction of public | ||||||
6 | water supply facilities unless
and until the Agency adopts | ||||||
7 | rules that set forth precise and complete
standards, pursuant | ||||||
8 | to Section 5-20 of the Illinois Administrative
Procedure Act, | ||||||
9 | for the termination of such grants. The Agency shall not
make | ||||||
10 | determinations on whether specific grant conditions are | ||||||
11 | necessary to
ensure the integrity of a project or on whether | ||||||
12 | subagreements shall be
awarded, with respect to grants for the | ||||||
13 | financing and construction of
public water supply facilities, | ||||||
14 | unless and until the Agency adopts rules
that set forth precise | ||||||
15 | and complete standards, pursuant to Section 5-20
of the | ||||||
16 | Illinois Administrative Procedure Act, for making such
| ||||||
17 | determinations. The Agency shall not issue a stop-work order in | ||||||
18 | relation to
such grants unless and until the Agency adopts | ||||||
19 | precise and complete standards,
pursuant to Section 5-20 of the | ||||||
20 | Illinois Administrative Procedure Act, for
determining whether | ||||||
21 | to issue a stop-work order.
| ||||||
22 | (y) The Agency shall have authority to release any person | ||||||
23 | from further
responsibility for preventive or corrective | ||||||
24 | action under this Act following
successful completion of | ||||||
25 | preventive or corrective action undertaken by such
person upon | ||||||
26 | written request by the person.
|
| |||||||
| |||||||
1 | (z) To the extent permitted by any applicable federal law | ||||||
2 | or regulation, for all work performed for State construction | ||||||
3 | projects which are funded in whole or in part by a capital | ||||||
4 | infrastructure bill enacted by the 96th General Assembly by | ||||||
5 | sums appropriated to the Environmental Protection Agency, at | ||||||
6 | least 50% of the total labor hours must be performed by actual | ||||||
7 | residents of the State of Illinois. For purposes of this | ||||||
8 | subsection, "actual residents of the State of Illinois" means | ||||||
9 | persons domiciled in the State of Illinois. The Department of | ||||||
10 | Labor shall promulgate rules providing for the enforcement of | ||||||
11 | this subsection. | ||||||
12 | (aa) The Agency may adopt rules requiring the electronic | ||||||
13 | submission of any information required to be submitted to the | ||||||
14 | Agency pursuant to any State or federal law or regulation or | ||||||
15 | any court or Board order. Any rules adopted under this | ||||||
16 | subsection (aa) must include, but are not limited to, | ||||||
17 | identification of the information to be submitted | ||||||
18 | electronically. | ||||||
19 | (Source: P.A. 98-72, eff. 7-15-13; 99-937, eff. 2-24-17.)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
|