State of Illinois
91st General Assembly
Legislation

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91_SB1860enr

 
SB1860 Enrolled                               LRB9102178JMmbA

 1        AN  ACT  concerning  membership,  duties,   rights,   and
 2    obligations  of authorities, boards, commissions, committees,
 3    and other appointed bodies.

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

 6        Section 5.  The Illinois Public Labor  Relations  Act  is
 7    amended  by  changing  Sections 3, 5, 12, and 15.1 and adding
 8    Section 5.1 as follows:

 9        (5 ILCS 315/3) (from Ch. 48, par. 1603)
10        Sec. 3.  Definitions.  As used in this  Act,  unless  the
11    context otherwise requires:
12        (a)  "Board"   or  "governing  board"  means  either  the
13    Illinois State Labor Relations Board or, with  respect  to  a
14    matter  over  which the jurisdiction of the Board is assigned
15    to the State Panel or the Local Panel under  Section  5,  the
16    panel  having jurisdiction over the matter the Illinois Local
17    Labor Relations Board.
18        (b)  "Collective bargaining" means bargaining over  terms
19    and  conditions  of  employment,  including hours, wages, and
20    other conditions of employment, as detailed in Section 7  and
21    which are not excluded by Section 4.
22        (c)  "Confidential  employee"  means  an employee who, in
23    the regular course of his or her duties, assists and acts  in
24    a  confidential capacity to persons who formulate, determine,
25    and effectuate  management  policies  with  regard  to  labor
26    relations or who, in the regular course of his or her duties,
27    has   authorized   access  to  information  relating  to  the
28    effectuation  or  review   of   the   employer's   collective
29    bargaining policies.
30        (d)  "Craft  employees"  means skilled journeymen, crafts
31    persons, and their apprentices and helpers.
 
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 1        (e)  "Essential services employees"  means  those  public
 2    employees   performing   functions   so  essential  that  the
 3    interruption or termination of the function will constitute a
 4    clear and present danger to the  health  and  safety  of  the
 5    persons in the affected community.
 6        (f)  "Exclusive  representative",  except with respect to
 7    non-State fire  fighters  and  paramedics  employed  by  fire
 8    departments  and  fire  protection districts, non-State peace
 9    officers, and peace  officers  in  the  Department  of  State
10    Police,  means  the  labor  organization  that  has  been (i)
11    designated by the Board as the representative of  a  majority
12    of  public  employees  in  an  appropriate bargaining unit in
13    accordance with the procedures contained in  this  Act,  (ii)
14    historically  recognized  by  the  State  of  Illinois or any
15    political subdivision of the State before July 1,  1984  (the
16    effective  date  of this Act) as the exclusive representative
17    of the employees in an appropriate bargaining unit, or  (iii)
18    after   July  1,  1984  (the  effective  date  of  this  Act)
19    recognized by an employer upon evidence,  acceptable  to  the
20    Board, that the labor organization has been designated as the
21    exclusive representative by a majority of the employees in an
22    appropriate bargaining unit.
23        With  respect  to  non-State fire fighters and paramedics
24    employed by fire departments and fire  protection  districts,
25    non-State   peace   officers,   and  peace  officers  in  the
26    Department of State Police, "exclusive representative"  means
27    the  labor  organization  that has been (i) designated by the
28    Board as the representative of a majority of  peace  officers
29    or  fire  fighters  in  an  appropriate  bargaining  unit  in
30    accordance  with  the  procedures contained in this Act, (ii)
31    historically recognized by  the  State  of  Illinois  or  any
32    political  subdivision  of  the  State before January 1, 1986
33    (the effective date of this amendatory Act of  1985)  as  the
34    exclusive  representative by a majority of the peace officers
 
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 1    or fire fighters in an appropriate bargaining unit, or  (iii)
 2    after  January 1, 1986 (the effective date of this amendatory
 3    Act  of  1985)  recognized  by  an  employer  upon  evidence,
 4    acceptable to the Board, that the labor organization has been
 5    designated as the exclusive representative by a  majority  of
 6    the  peace  officers  or  fire  fighters  in  an  appropriate
 7    bargaining unit.
 8        (g)  "Fair  share  agreement"  means an agreement between
 9    the employer and an employee organization under which all  or
10    any  of  the  employees  in  a collective bargaining unit are
11    required to pay their proportionate share of the costs of the
12    collective bargaining process, contract  administration,  and
13    pursuing matters affecting wages, hours, and other conditions
14    of employment, but not to exceed the amount of dues uniformly
15    required  of  members.  The amount certified by the exclusive
16    representative shall not include any fees  for  contributions
17    related  to  the  election  or  support  of any candidate for
18    political  office.  Nothing  in  this  subsection  (g)  shall
19    preclude  an  employee  from   making   voluntary   political
20    contributions  in  conjunction  with  his  or  her fair share
21    payment.
22        (g-1)  "Fire fighter" means, for the purposes of this Act
23    only, any person who has been or is hereafter appointed to  a
24    fire  department or fire protection district or employed by a
25    state university and sworn or commissioned  to  perform  fire
26    fighter duties or paramedic duties, except that the following
27    persons are not included: part-time fire fighters, auxiliary,
28    reserve  or  voluntary  fire fighters, including paid on-call
29    fire fighters,  clerks  and  dispatchers  or  other  civilian
30    employees  of  a  fire department or fire protection district
31    who are  not  routinely  expected  to  perform  fire  fighter
32    duties, or elected officials.
33        (g-2)  "General  Assembly of the State of Illinois" means
34    the legislative branch of the  government  of  the  State  of
 
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 1    Illinois,   as   provided   for   under  Article  IV  of  the
 2    Constitution of the State of Illinois, and  includes  but  is
 3    not  limited to the House of Representatives, the Senate, the
 4    Speaker of the House of Representatives, the Minority  Leader
 5    of the House of Representatives, the President of the Senate,
 6    the  Minority  Leader  of  the Senate, the Joint Committee on
 7    Legislative Support  Services  and  any  legislative  support
 8    services   agency   listed   in  the  Legislative  Commission
 9    Reorganization Act of 1984.
10        (h)  "Governing body" means, in the case  of  the  State,
11    the  State  Panel  of the Illinois Labor Relations Board, the
12    Director of the Department of  Central  Management  Services,
13    and the Director of the Department of Labor; the county board
14    in  the  case  of  a county; the corporate authorities in the
15    case of a municipality; and the appropriate  body  authorized
16    to  provide  for expenditures of its funds in the case of any
17    other unit of government.
18        (i)  "Labor organization" means any organization in which
19    public employees participate and that exists for the purpose,
20    in whole or in  part,  of  dealing  with  a  public  employer
21    concerning  wages,  hours,  and other terms and conditions of
22    employment, including the settlement of grievances.
23        (j)  "Managerial employee" means  an  individual  who  is
24    engaged  predominantly  in executive and management functions
25    and is charged  with  the  responsibility  of  directing  the
26    effectuation of management policies and practices.
27        (k)  "Peace  officer" means, for the purposes of this Act
28    only, any persons who have been or are hereafter appointed to
29    a  police  force,  department,  or  agency   and   sworn   or
30    commissioned  to  perform  police  duties,  except  that  the
31    following   persons   are   not  included:  part-time  police
32    officers,  special  police  officers,  auxiliary  police   as
33    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
34    night watchmen, "merchant police", court security officers as
 
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 1    defined by Section 3-6012.1 of the Counties  Code,  temporary
 2    employees,  traffic guards or wardens, civilian parking meter
 3    and  parking  facilities  personnel  or   other   individuals
 4    specially  appointed  to  aid  or  direct  traffic at or near
 5    schools or public functions or to aid  in  civil  defense  or
 6    disaster,   parking   enforcement   employees   who  are  not
 7    commissioned as peace officers and who are not armed and  who
 8    are  not  routinely  expected  to effect arrests, parking lot
 9    attendants,  clerks  and  dispatchers   or   other   civilian
10    employees  of  a  police  department  who  are  not routinely
11    expected to effect arrests, or elected officials.
12        (l)  "Person" includes one  or  more  individuals,  labor
13    organizations,  public employees, associations, corporations,
14    legal  representatives,  trustees,  trustees  in  bankruptcy,
15    receivers,  or  the  State  of  Illinois  or  any   political
16    subdivision  of  the  State  or  governing body, but does not
17    include the General Assembly of the State of Illinois or  any
18    individual  employed  by the General Assembly of the State of
19    Illinois.
20        (m)  "Professional employee" means any  employee  engaged
21    in  work  predominantly  intellectual and varied in character
22    rather than routine mental, manual,  mechanical  or  physical
23    work;  involving  the  consistent  exercise of discretion and
24    adjustment in its performance; of such a character  that  the
25    output   produced   or  the  result  accomplished  cannot  be
26    standardized in relation to  a  given  period  of  time;  and
27    requiring  advanced  knowledge  in  a  field  of  science  or
28    learning  customarily  acquired  by  a  prolonged  course  of
29    specialized   intellectual   instruction   and  study  in  an
30    institution  of   higher   learning   or   a   hospital,   as
31    distinguished  from  a  general  academic  education  or from
32    apprenticeship or from training in the performance of routine
33    mental, manual, or physical processes; or  any  employee  who
34    has   completed   the  courses  of  specialized  intellectual
 
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 1    instruction and study prescribed in this subsection  (m)  and
 2    is  performing  related  work  under  the  supervision  of  a
 3    professional  person  to  qualify  to  become  a professional
 4    employee as defined in this subsection (m).
 5        (n)  "Public employee" or "employee", for the purposes of
 6    this Act, means any individual employed by a public employer,
 7    including interns and  residents  at  public  hospitals,  but
 8    excluding  all  of  the  following:  employees of the General
 9    Assembly  of  the  State  of  Illinois;  elected   officials;
10    executive  heads  of  a  department;  members  of  boards  or
11    commissions;  employees  of  any  agency, board or commission
12    created by this Act; employees appointed to  State  positions
13    of  a  temporary or emergency nature; all employees of school
14    districts   and   higher   education   institutions    except
15    firefighters   and   peace   officers  employed  by  a  state
16    university;  managerial  employees;   short-term   employees;
17    confidential    employees;   independent   contractors;   and
18    supervisors except as provided in this Act.
19        Notwithstanding Section 9, subsection (c), or  any  other
20    provisions  of this Act, all peace officers above the rank of
21    captain  in   municipalities   with   more   than   1,000,000
22    inhabitants shall be excluded from this Act.
23        (o)  "Public  employer"  or "employer" means the State of
24    Illinois; any political subdivision of  the  State,  unit  of
25    local  government  or  school district; authorities including
26    departments,  divisions,  bureaus,  boards,  commissions,  or
27    other agencies of the  foregoing  entities;  and  any  person
28    acting  within  the scope of his or her authority, express or
29    implied, on behalf of those  entities  in  dealing  with  its
30    employees.  "Public  employer"  or "employer" as used in this
31    Act, however, does not mean and shall not include the General
32    Assembly of the State of Illinois and  educational  employers
33    or  employers  as  defined  in the Illinois Educational Labor
34    Relations Act, except with respect to a state  university  in
 
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 1    its  employment  of  firefighters and peace officers.  County
 2    boards and county sheriffs shall be designated  as  joint  or
 3    co-employers  of  county  peace  officers appointed under the
 4    authority of a county sheriff.  Nothing  in  this  subsection
 5    (o)  shall  be  construed to prevent the State Panel Board or
 6    the Local Panel Board from  determining  that  employers  are
 7    joint or co-employers.
 8        (p)  "Security   employee"   means  an  employee  who  is
 9    responsible for the supervision and  control  of  inmates  at
10    correctional   facilities.   The  term  also  includes  other
11    non-security  employees  in  bargaining  units   having   the
12    majority  of  employees being responsible for the supervision
13    and control of inmates at correctional facilities.
14        (q)  "Short-term  employee"  means  an  employee  who  is
15    employed for less than 2 consecutive calendar quarters during
16    a calendar year and who does not have a reasonable  assurance
17    that  he  or she will be rehired by the same employer for the
18    same service in a subsequent calendar year.
19        (r)  "Supervisor" is an employee whose principal work  is
20    substantially  different from that of his or her subordinates
21    and who has authority, in the interest of  the  employer,  to
22    hire, transfer, suspend, lay off, recall, promote, discharge,
23    direct,  reward,  or  discipline  employees,  to adjust their
24    grievances, or to effectively recommend any of those actions,
25    if the exercise of that authority is not of a merely  routine
26    or  clerical  nature,  but  requires  the  consistent  use of
27    independent  judgment.  Except   with   respect   to   police
28    employment,   the   term  "supervisor"  includes  only  those
29    individuals who devote a preponderance  of  their  employment
30    time   to   exercising   that  authority,  State  supervisors
31    notwithstanding.  In  addition,  in  determining  supervisory
32    status in police employment, rank shall not be determinative.
33    The  Board  shall  consider,  as  evidence of bargaining unit
34    inclusion or exclusion, the common law  enforcement  policies
 
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 1    and   relationships   between   police   officer   ranks  and
 2    certification under applicable civil service law, ordinances,
 3    personnel codes,  or  Division  2.1  of  Article  10  of  the
 4    Illinois  Municipal  Code, but these factors shall not be the
 5    sole or  predominant  factors  considered  by  the  Board  in
 6    determining police supervisory status.
 7        Notwithstanding   the   provisions   of   the   preceding
 8    paragraph,  in determining supervisory status in fire fighter
 9    employment, no fire fighter shall be excluded as a supervisor
10    who has established representation rights under Section 9  of
11    this  Act.   Further,  in  new  fire fighter units, employees
12    shall consist of fire fighters of the rank of company officer
13    and below. If a company  officer  otherwise  qualifies  as  a
14    supervisor  under the preceding paragraph, however, he or she
15    shall not be included in the fire fighter unit.  If there  is
16    no  rank  between  that  of  chief  and  the  highest company
17    officer, the employer may designate a position on each  shift
18    as  a  Shift  Commander,  and  the  persons  occupying  those
19    positions  shall  be supervisors.  All other ranks above that
20    of company officer shall be supervisors.
21        (s) (1)  "Unit" means a class of jobs or  positions  that
22        are  held  by  employees  whose  collective interests may
23        suitably be  represented  by  a  labor  organization  for
24        collective  bargaining.  Except with respect to non-State
25        fire fighters and paramedics employed by fire departments
26        and fire protection districts, non-State peace  officers,
27        and  peace  officers in the Department of State Police, a
28        bargaining unit determined by the Board shall not include
29        both employees  and  supervisors,  or  supervisors  only,
30        except  as  provided  in paragraph (2) of this subsection
31        (s) and except for bargaining units in existence on  July
32        1,  1984  (the effective date of this Act).  With respect
33        to non-State fire fighters  and  paramedics  employed  by
34        fire departments and fire protection districts, non-State
 
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 1        peace  officers,  and peace officers in the Department of
 2        State Police, a bargaining unit determined by  the  Board
 3        shall not include both supervisors and nonsupervisors, or
 4        supervisors  only, except as provided in paragraph (2) of
 5        this subsection (s) and except for  bargaining  units  in
 6        existence  on January 1, 1986 (the effective date of this
 7        amendatory Act of 1985).  A bargaining unit determined by
 8        the Board to contain  peace  officers  shall  contain  no
 9        employees  other  than  peace  officers  unless otherwise
10        agreed to by the employer and the labor  organization  or
11        labor  organizations involved.  Notwithstanding any other
12        provision of this Act, a  bargaining  unit,  including  a
13        historical   bargaining   unit,  containing  sworn  peace
14        officers of the Department of Natural Resources (formerly
15        designated the Department of Conservation) shall  contain
16        no  employees  other  than such sworn peace officers upon
17        the effective date of this amendatory Act of 1990 or upon
18        the  expiration  date  of   any   collective   bargaining
19        agreement  in  effect  upon  the  effective  date of this
20        amendatory Act of 1990 covering  both  such  sworn  peace
21        officers and other employees.
22             (2)  Notwithstanding  the  exclusion  of supervisors
23        from bargaining units as provided  in  paragraph  (1)  of
24        this  subsection  (s),  a  public  employer  may agree to
25        permit its supervisory employees to form bargaining units
26        and may bargain with those units.  This Act  shall  apply
27        if  the  public  employer  chooses  to bargain under this
28        subsection.
29    (Source: P.A. 89-108, eff.  7-7-95;  89-409,  eff.  11-15-95;
30    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  89-685,  eff.
31    6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.)

32        (5 ILCS 315/5) (from Ch. 48, par. 1605)
33        Sec.  5.   Illinois  Labor  Relations Board; State Panel;
 
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 1    Local Panel Boards.
 2        (a)  There is created the Illinois Labor Relations Board.
 3    The Board shall be comprised of 2 panels, to be known as  the
 4    State Panel and the Local Panel.
 5        (a-5)  The  State  Panel  Illinois  State Labor Relations
 6    Board ("State Board")  which  shall  have  jurisdiction  over
 7    collective  bargaining matters between employee organizations
 8    and the State of Illinois, excluding the General Assembly  of
 9    the  State  of  Illinois,  between employee organizations and
10    units  of  local  government  and  school  districts  with  a
11    population not in excess of 2 1 million persons, and  between
12    employee   organizations   and  the  Regional  Transportation
13    Authority.
14        The State Panel  Board  shall  consist  of  5  3  members
15    appointed by the Governor, with the advice and consent of the
16    Senate.   The Governor shall appoint to the State Panel Board
17    only persons who have had a minimum of 5 years of  experience
18    directly   related  to  labor  and  employment  relations  in
19    representing public employers,  private  employers  or  labor
20    organizations;  or teaching labor or employment relations; or
21    administering executive orders or regulations  applicable  to
22    labor  or  employment  relations.   At the time of his or her
23    appointment, each member of the State Panel Board shall be an
24    Illinois resident.  The Governor shall designate  one  member
25    to  serve  as  the Chairman of the State Panel and the Board.
26    The initial appointments under this  amendatory  Act  of  the
27    91st  General  Assembly  shall  be for terms as follows:  The
28    Chairman shall initially be appointed for a  term  ending  on
29    the 4th Monday in January, 2001; 2 members shall be initially
30    appointed  for  terms  ending  on  the 4th Monday in January,
31    2002; one member shall be  initially  appointed  for  a  term
32    ending  on  the  4th  Monday in January, 2003; and one member
33    shall be initially appointed for a term  ending  on  the  4th
34    Monday  in  January,  2004.  of two years.  The second member
 
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 1    shall serve for a term of 3 years, and the third member shall
 2    serve a term of 4 years.  Each  subsequent  member  shall  be
 3    appointed for a term of 4 years, commencing on the 4th Monday
 4    in  January.   Upon  expiration  of the term of office of any
 5    appointive member, that member shall continue to serve  until
 6    a  successor  shall be appointed and qualified.  In case of a
 7    vacancy, a successor shall be  appointed  to  serve  for  the
 8    unexpired  portion  of  the term.  The terms of members shall
 9    commence on the 4th Monday in January of the  year  they  are
10    appointed except that  If the Senate is not in session at the
11    time  the  initial  appointments are made, the Governor shall
12    make temporary appointments in the same manner successors are
13    appointed to fill vacancies.  A temporary  appointment  shall
14    remain  in  effect  no longer than 20 calendar days after the
15    commencement of the next Senate session.
16        (b)  The Local Panel There is created the Illinois  Local
17    Labor  Relations  Board  ("Local  Board")  which  shall  have
18    jurisdiction  over  collective  bargaining  agreement matters
19    between employee organizations and units of local  government
20    with  a  population  in  excess  of  2 1 million persons, but
21    excluding the Regional Transportation Authority.
22        The  Local  Panel  Board  shall  consist  of  one  person
23    appointed by the Governor with the advice and consent of  the
24    Senate  (or,  if no such person is appointed, the Chairman of
25    the State  Panel)  Board  and  two  additional  members,  one
26    appointed  by  the  Mayor  of  the  City  of  Chicago and one
27    appointed by the  President  of  the  Cook  County  Board  of
28    Commissioners.  Appointees to the Local Panel Board must have
29    had  a  minimum  of 5 years of experience directly related to
30    labor  and  employment  relations  in   representing   public
31    employers,  private  employers  or  labor  organizations;  or
32    teaching  labor  or  employment  relations;  or administering
33    executive  orders  or  regulations  applicable  to  labor  or
34    employment relations.  Each member of the Local  Panel  Board
 
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 1    shall  be  an  Illinois  resident  at  the time of his or her
 2    appointment.  The member appointed by the Governor (or, if no
 3    such person is appointed, the Chairman of  the  State  Panel)
 4    Board  shall  serve as the Chairman of the Local Panel Board.
 5    The initial appointments under this  amendatory  Act  of  the
 6    91st  General  Assembly  shall  be for terms as follows:  The
 7    member appointed by the Governor shall initially be appointed
 8    for a term ending on the 4th Monday  in  January,  2001;  the
 9    member  initially  appointed  by  the  President  of the Cook
10    County Board shall be initially appointed for a  term  ending
11    on  the  4th  Monday  in January, 2003; serve for a term of 3
12    years and the member appointed by the Mayor of  the  City  of
13    Chicago shall be initially appointed for a term ending on the
14    4th  Monday  in  January,  2004  serve for a term of 4 years.
15    Each subsequent member shall be appointed for  a  term  of  4
16    years,  commencing  on  the  4th  Monday  in  January.   Upon
17    expiration  of  the  term of office of any appointive member,
18    the member shall continue to serve until a successor shall be
19    appointed and  qualified.   In  the  case  of  a  vacancy,  a
20    successor  shall  be  appointed  by the applicable appointive
21    authority to serve for the unexpired  portion  of  the  term.
22    The  terms  of  members  shall  commence on the 4th Monday in
23    January of the year they are appointed.
24        (c)  Three Two members of the State Panel each  governing
25    Board shall at all times constitute a quorum.  Two members of
26    the  Local  Panel  shall at all times constitute a quorum.  A
27    vacancy on a panel governing Board does not impair the  right
28    of  the  2 remaining members to exercise all of the powers of
29    that panel Board.  Each panel governing board shall adopt  an
30    official  seal which shall be judicially noticed.  The salary
31    of the Chairman of the State Panel shall be  $82,429  $50,000
32    per  year,  or  as  set  by  the  Compensation  Review Board,
33    whichever is greater, and that of the other  members  of  the
34    State  and  Local  Panels  Board and the Local Board shall be
 
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 1    $74,188 $45,000 per year,  or  as  set  by  the  Compensation
 2    Review Board, whichever is greater.
 3        (d)  No  member  shall hold any other public office or be
 4    employed as a labor or management representative by the State
 5    or  any  political  subdivision  of  the  State  or  of   any
 6    department or agency thereof, or actively represent or act on
 7    behalf  of  an  employer  or  an  employee organization or an
 8    employer in labor relations matters.  Any member of the State
 9    Panel Board may be removed from office by  the  Governor  for
10    inefficiency,  neglect  of duty, misconduct or malfeasance in
11    office, and for no other cause,  and  only  upon  notice  and
12    hearing.   Any member of the Local Panel Board may be removed
13    from  office  by  the  applicable  appointive  authority  for
14    inefficiency, neglect of duty, misconduct or  malfeasance  in
15    office,  and  for  no  other  cause, and only upon notice and
16    hearing.
17        (e)  Each panel governing board at the end of every State
18    fiscal year shall make a report in writing  to  the  Governor
19    and  the  General Assembly, stating in detail the work it has
20    done in hearing and deciding cases and otherwise.
21        (f)  In order to accomplish the objectives and carry  out
22    the  duties  prescribed  by  this  Act,  a  panel  or its the
23    governing boards  or  their  authorized  designees  may  hold
24    elections  to  determine  whether  a  labor  organization has
25    majority status; investigate and attempt to resolve or settle
26    charges of unfair labor practices; hold hearings in order  to
27    carry  out  its functions; develop and effectuate appropriate
28    impasse resolution procedures for purposes of resolving labor
29    disputes;  require  the  appearance  of  witnesses  and   the
30    production  of  evidence  on  any  matter  under inquiry; and
31    administer oaths  and  affirmations.   The  panels  governing
32    boards shall sign and report in full an opinion in every case
33    which they decide.
34        (g)  Each  panel governing board may appoint or employ an
 
SB1860 Enrolled            -14-               LRB9102178JMmbA
 1    executive director, attorneys, hearing  officers,  mediators,
 2    fact-finders, arbitrators, and such other employees as it may
 3    they  deem  necessary  to  perform  its their functions.  The
 4    governing   boards   shall   prescribe   the    duties    and
 5    qualifications  of such persons appointed and, subject to the
 6    annual appropriation, fix their compensation and provide  for
 7    reimbursement  of  actual  and necessary expenses incurred in
 8    the performance of their duties.
 9        (h)  Each panel governing board  shall  exercise  general
10    supervision  over all attorneys which it employs and over the
11    other persons employed to provide necessary support  services
12    for  such  attorneys.  The panels governing boards shall have
13    final authority in respect to complaints brought pursuant  to
14    this Act.
15        (i)  The following rules and regulations shall be adopted
16    by  the panels governing boards meeting in joint session: (1)
17    procedural rules and regulations which shall govern all Board
18    proceedings;  (2)  procedures  for  election   of   exclusive
19    bargaining  representatives pursuant to Section 9, except for
20    the determination of appropriate bargaining  units;  and  (3)
21    appointment  of  counsel  pursuant  to subsection (k) of this
22    Section.
23        (j)  Rules and regulations may  be  adopted,  amended  or
24    rescinded  only  upon a vote of 5 four of the five members of
25    the State Board and the Local Panels Board meeting  in  joint
26    session.   The adoption, amendment or rescission of rules and
27    regulations shall be in conformity with the  requirements  of
28    the Illinois Administrative Procedure Act.
29        (k)  The  panels  Governing Boards in joint session shall
30    promulgate  rules   and   regulations   providing   for   the
31    appointment  of  attorneys  or other Board representatives to
32    represent persons in unfair labor practice proceedings before
33    a  panel  governing   board.    The   regulations   governing
34    appointment  shall  require  the  applicant to demonstrate an
 
SB1860 Enrolled            -15-               LRB9102178JMmbA
 1    inability to pay for or inability to  otherwise  provide  for
 2    adequate representation before a panel governing board.  Such
 3    rules  must  also  provide:  (1)  that an attorney may not be
 4    appointed in cases which, in the opinion of  a  panel  Board,
 5    are  clearly without merit; (2) the stage of the unfair labor
 6    proceeding at which counsel will be appointed;  and  (3)  the
 7    circumstances  under which a client will be allowed to select
 8    counsel.
 9        (1)  The panels governing boards  in  joint  session  may
10    promulgate  rules  and  regulations  which  allow  parties in
11    proceedings before a panel governing board to be  represented
12    by counsel or any other representative of the party's choice.
13        (m)  The  Chairman  of  the  State Panel governing boards
14    shall serve as Chairman of a  joint  session  of  the  panels
15    governing  boards.    Attendance of at least 2 members of the
16    State Panel and at least one member of the Local  Panel  from
17    each  governing  Board,  in  addition  to the Chairman, shall
18    constitute a quorum at a joint session.  The panels governing
19    boards shall meet in joint session  within  60  days  of  the
20    effective date of this Act and at least annually thereafter.
21    (Source: P.A. 85-1440.)

22        (5 ILCS 315/5.1 new)
23        Sec.  5.1.  Dissolution of Illinois State Labor Relations
24    Board and Illinois Local Labor Relations Board; transfer  and
25    savings provisions.
26        (a)  The   Illinois   State   Labor  Relations  Board  is
27    dissolved.  The State Panel of the Illinois  Labor  Relations
28    Board,  created  by  this  amendatory Act of the 91st General
29    Assembly, shall succeed to all of the powers, duties, rights,
30    and property, including contractual rights  and  obligations,
31    of   the   Illinois  State  Labor  Relations  Board.   Rules,
32    procedures,  and  decisions  of  the  Illinois  State   Labor
33    Relations  Board  in  effect  at  the time of its dissolution
 
SB1860 Enrolled            -16-               LRB9102178JMmbA
 1    shall be deemed to  be  those  of  the  State  Panel  of  the
 2    Illinois  Labor  Relations Board.  Matters pending before the
 3    Illinois State Labor Relations  Board  at  the  time  of  its
 4    dissolution  shall continue as matters before the State Panel
 5    of the Illinois Labor Relations Board. The State Panel of the
 6    Illinois Labor Relations Board shall be deemed  successor  in
 7    interest  to the Illinois State Labor Relations Board for the
 8    purposes of any pending litigation.
 9        (b)  The  Illinois  Local  Labor   Relations   Board   is
10    dissolved.   The  Local Panel of the Illinois Labor Relations
11    Board, created by this amendatory Act  of  the  91st  General
12    Assembly, shall succeed to all of the powers, duties, rights,
13    and  property,  including contractual rights and obligations,
14    of  the  Illinois  Local  Labor  Relations   Board.    Rules,
15    procedures,   and  decisions  of  the  Illinois  Local  Labor
16    Relations Board in effect at  the  time  of  its  dissolution
17    shall  be  deemed  to  be  those  of  the  Local Panel of the
18    Illinois Labor Relations Board.  Matters pending  before  the
19    Illinois  Local  Labor  Relations  Board  at  the time of its
20    dissolution shall continue as matters before the Local  Panel
21    of the Illinois Labor Relations Board. The Local Panel of the
22    Illinois  Labor  Relations Board shall be deemed successor in
23    interest to the Illinois Local Labor Relations Board for  the
24    purposes of any pending litigation.
25        (c)  Rules and procedures adopted jointly by the Illinois
26    State  Labor  Relations  Board  and  the Illinois Local Labor
27    Relations Board that  are  in  effect  at  the  time  of  the
28    dissolution  of  those  Boards  shall  be deemed to have been
29    adopted jointly by the State and Local Panels of the Illinois
30    Labor Relations Board.
31        (d)  Fiscal Year  2000  appropriations  to  the  Illinois
32    State  Labor  Relations  Board  and  the Illinois Local Labor
33    Relations  Board  may  be  expended  by  the  Illinois  Labor
34    Relations Board.
 
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 1        (e)  Persons  employed  by  the  Illinois   State   Labor
 2    Relations  Board  or the Illinois Local Labor Relations Board
 3    on  the  date  of  the  dissolution  of  those  Boards  shall
 4    thereupon become employees, respectively, of the State  Panel
 5    or  the  Local  Panel  of the Illinois Labor Relations Board,
 6    without loss of seniority or accrued benefits.

 7        (5 ILCS 315/12) (from Ch. 48, par. 1612)
 8        Sec. 12.  Mediation.
 9        (a)  The State and Local Panels governing Boards in joint
10    session shall establish a Public Employees Mediation  Roster,
11    the  services of which shall be available to public employers
12    and to labor organizations upon request of  the  parties  for
13    the purposes of mediation of grievances or contract disputes.
14    Upon  the  request  of  either  party, services of the Public
15    Employees Mediation Roster shall be available for purposes of
16    arbitrating disputes over interpretation  or  application  of
17    the terms of an agreement pursuant to Section 8.  The members
18    of  the  Roster  shall  be  appointed by majority vote of the
19    members of both panels Boards.  Members shall  be  impartial,
20    competent,  and  reputable  citizens  of  the  United States,
21    residents of the State of  Illinois,  and  shall  qualify  by
22    taking   and   subscribing  to  the  constitutional  oath  or
23    affirmation of office.  The function of the mediator shall be
24    to communicate with the employer and exclusive representative
25    or their representatives and to endeavor to  bring  about  an
26    amicable  and  voluntary  settlement.  Compensation of Roster
27    members for services performed as  mediators  shall  be  paid
28    equally by the parties to a mediated labor dispute. The Board
29    shall   have  authority  to  promulgate  regulations  setting
30    compensation  levels  for  members   of   the   Roster,   and
31    establishing   procedures  for  suspension  or  dismissal  of
32    mediators for good cause shown following hearing.
33        (b)  A mediator in a  mediated  labor  dispute  shall  be
 
SB1860 Enrolled            -18-               LRB9102178JMmbA
 1    selected by the Board from among the members of the Roster.
 2        (c)  Nothing  in  this Act or any other law prohibits the
 3    use of other  mediators  selected  by  the  parties  for  the
 4    resolution  of disputes over interpretation or application of
 5    the  terms  or  conditions  of  the   collective   bargaining
 6    agreements   between   a   public   employer   and   a  labor
 7    organization.
 8        (d)  If requested by the parties to a  labor  dispute,  a
 9    mediator may perform fact-finding as set forth in Section 13.
10    (Source: P.A. 83-1012.)

11        (5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
12        Sec. 15.1.  Precedents established by other labor boards.
13    Unless  contradicted  by  administrative precedent previously
14    established by the State Panel Board, all final decisions  in
15    representation and unfair labor practice cases decided by the
16    Local   Panel   Board  and  the  Illinois  Educational  Labor
17    Relations Board created under the Illinois Educational  Labor
18    Relations  Act  which  have  not  been reversed by subsequent
19    court rulings, shall be considered, but need not be  followed
20    by the State Panel Board.
21        Unless    contradicted    by   administrative   precedent
22    previously established by the Local Panel  Board,  all  final
23    decisions  in  representation and unfair labor practice cases
24    decided by the State Panel Board and the Illinois Educational
25    Labor  Relations  Board  which  have  not  been  reversed  by
26    subsequent court rulings, shall be considered, but  need  not
27    be followed by the Local Panel Board.
28    (Source: P.A. 85-924.)

29        Section 10.  The Civil Administrative Code of Illinois is
30    amended by changing Section 5-560 as follows:

31        (20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
 
SB1860 Enrolled            -19-               LRB9102178JMmbA
 1        Sec.  5-560.  In the Department of Natural Resources.  An
 2    Advisory  Board  to  the  Department  of  Natural  Resources,
 3    composed of 13 11 persons, one of  whom  shall  be  a  senior
 4    citizen age 60 or over.
 5        In  the  appointment  of the initial members the Governor
 6    shall designate 3 persons to serve  for  2  years,  3  for  4
 7    years,  and 3 for 6 years from the third Monday in January of
 8    the odd-numbered year  in  which  the  term  commences.   The
 9    members  first  appointed  under  this amendatory Act of 1984
10    shall serve a term of 6 years commencing on the third  Monday
11    in  January,  1985.   The  members first appointed under this
12    amendatory Act of the 91st General  Assembly  shall  each  be
13    appointed  to  a term of office to expire on the third Monday
14    in January of 2006. All subsequent appointments shall be  for
15    terms of 6 years.
16        The  Advisory  Board  shall formulate long range policies
17    for  guidance  of  the  Department  in:  the  protection  and
18    conservation of renewable resources of the State of Illinois;
19    the  development  of  areas  and   facilities   for   outdoor
20    recreation;  the  prevention  of timber destruction and other
21    forest growth by fire  or  otherwise;  the  reforestation  of
22    suitable  lands  of  this State; the extension of cooperative
23    support to other agencies of this  State  in  preventing  and
24    guarding  against  the  pollution of streams and lakes within
25    the  State;  the  management  of  the   wildlife   resources,
26    including  migratory fowl, and fisheries resources, including
27    the  construction  of  new  water  impoundment   areas;   the
28    development  of  an adequate research program for fish, game,
29    and forestry through cooperation  with  and  support  of  the
30    Illinois  Natural  History  Survey;  and  the  expressing  of
31    policies  for  proper dissemination of and enforcement of the
32    various  laws  pertinent  to  the  conservation  program   of
33    Illinois and the nation.
34        The  Board  shall make a study of the personnel structure
 
SB1860 Enrolled            -20-               LRB9102178JMmbA
 1    of  the  Department  and  shall,  from  time  to  time,  make
 2    recommendations to the Governor and the Director  of  Natural
 3    Resources  for  a  merit  system  of  employment  and for the
 4    revision of the position classification to the  extent  which
 5    Civil  Service  classification  should  apply in departmental
 6    positions.
 7        The Board shall make  studies  of  the  land  acquisition
 8    needs of the Department and recommendations from time to time
 9    as  to  necessary  acquisition  of lands for fisheries, game,
10    forestry, and recreational development.
11        The Board  may  recommend  to  the  Director  of  Natural
12    Resources  any  reductions or increases of seasons and bag or
13    possession limits or the closure of any season when  research
14    and inventory data indicate the need for those changes.
15        Board  members  shall  be  reimbursed  for  any necessary
16    travel expenses incurred in the performance of their duties.
17    (Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00.)

18        Section 15.  The Illinois Act on the Aging is amended  by
19    changing Section 4.02 as follows:

20        (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
21        Sec.  4.02.  The  Department shall establish a program of
22    services  to  prevent  unnecessary  institutionalization   of
23    persons age 60 and older in need of long term care or who are
24    established as persons who suffer from Alzheimer's disease or
25    a  related  disorder under the Alzheimer's Disease Assistance
26    Act, thereby enabling them to remain in their own homes or in
27    other living arrangements.  Such preventive  services,  which
28    may  be  coordinated  with  other  programs  for the aged and
29    monitored by area agencies on aging in cooperation  with  the
30    Department,  may  include, but are not limited to, any or all
31    of the following:
32        (a)  home health services;
 
SB1860 Enrolled            -21-               LRB9102178JMmbA
 1        (b)  home nursing services;
 2        (c)  homemaker services;
 3        (d)  chore and housekeeping services;
 4        (e)  day care services;
 5        (f)  home-delivered meals;
 6        (g)  education in self-care;
 7        (h)  personal care services;
 8        (i)  adult day health services;
 9        (j)  habilitation services;
10        (k)  respite care;
11        (l)  other nonmedical social services that may enable the
12    person to become self-supporting; or
13        (m)  clearinghouse for  information  provided  by  senior
14    citizen home owners who want to rent rooms to or share living
15    space with other senior citizens.
16        The  Department shall establish eligibility standards for
17    such services taking into consideration the  unique  economic
18    and  social  needs of the target population for whom they are
19    to be provided. Such eligibility standards shall be based  on
20    the  recipient's  ability  to  pay  for  services;  provided,
21    however,  that  in  determining  the  amount  and  nature  of
22    services  for which a person may qualify, consideration shall
23    not be given to the value of cash, property or  other  assets
24    held in the name of the person's spouse pursuant to a written
25    agreement  dividing  marital property into equal but separate
26    shares or pursuant to a transfer of the person's interest  in
27    a home to his spouse, provided that the spouse's share of the
28    marital  property is not made available to the person seeking
29    such services. The Department shall, in conjunction with  the
30    Department  of  Public Aid, seek appropriate amendments under
31    Sections 1915 and 1924  of  the  Social  Security  Act.   The
32    purpose  of the amendments shall be to extend eligibility for
33    home and community based services  under  Sections  1915  and
34    1924 of the Social Security Act to persons who transfer to or
 
SB1860 Enrolled            -22-               LRB9102178JMmbA
 1    for  the  benefit  of  a  spouse  those amounts of income and
 2    resources allowed under Section 1924 of the  Social  Security
 3    Act.   Subject  to  the  approval  of  such  amendments,  the
 4    Department  shall extend the provisions of Section 5-4 of the
 5    Illinois  Public  Aid  Code  to  persons  who,  but  for  the
 6    provision of home or community-based services, would  require
 7    the  level of care provided in an institution, as is provided
 8    for in federal law. Those  persons  no  longer  found  to  be
 9    eligible  for  receiving  noninstitutional  services  due  to
10    changes  in  the  eligibility criteria shall be given 60 days
11    notice prior to actual termination. Those  persons  receiving
12    notice  of termination may contact the Department and request
13    the determination be appealed at any time during the  60  day
14    notice  period.  With  the exception of the lengthened notice
15    and time frame for the appeal  request,  the  appeal  process
16    shall  follow  the normal procedure. In addition, each person
17    affected regardless of  the  circumstances  for  discontinued
18    eligibility  shall  be  given  notice  and the opportunity to
19    purchase the necessary services through  the  Community  Care
20    Program.   If  the  individual  does  not  elect  to purchase
21    services, the  Department  shall  advise  the  individual  of
22    alternative  services.  The  target population identified for
23    the purposes of this Section are persons  age  60  and  older
24    with  an identified service need.  Priority shall be given to
25    those who are at imminent risk of institutionalization.   The
26    services  shall  be  provided  to eligible persons age 60 and
27    older to the extent that the cost of  the  services  together
28    with  the  other personal maintenance expenses of the persons
29    are reasonably related to the standards established for  care
30    in  a  group  facility appropriate to the person's condition.
31    These   non-institutional   services,   pilot   projects   or
32    experimental facilities may be provided  as  part  of  or  in
33    addition  to  those authorized by federal law or those funded
34    and administered by the Department of  Human  Services.   The
 
SB1860 Enrolled            -23-               LRB9102178JMmbA
 1    Departments  of  Human  Services,  Public Aid, Public Health,
 2    Veterans' Affairs, and Commerce  and  Community  Affairs  and
 3    other  appropriate  agencies  of  State,  federal  and  local
 4    governments  shall  cooperate with the Department on Aging in
 5    the establishment and development  of  the  non-institutional
 6    services.   The Department shall require an annual audit from
 7    all chore/housekeeping and homemaker vendors contracting with
 8    the Department under this Section.  The  annual  audit  shall
 9    assure   that   each   audited  vendor's  procedures  are  in
10    compliance with Department's financial  reporting  guidelines
11    requiring  a 27% administrative cost split and a 73% employee
12    wages and benefits cost split.  The audit is a public  record
13    under  the  Freedom of Information Act.  The Department shall
14    execute, relative to the nursing home  prescreening  project,
15    written  inter-agency agreements with the Department of Human
16    Services and the Department of  Public  Aid,  to  effect  the
17    following:   (1)  intake  procedures  and  common eligibility
18    criteria   for    those    persons    who    are    receiving
19    non-institutional  services;  and  (2)  the establishment and
20    development of non-institutional services  in  areas  of  the
21    State   where   they  are  not  currently  available  or  are
22    undeveloped. On and after July  1,  1996,  all  nursing  home
23    prescreenings  for individuals 60 years of age or older shall
24    be conducted by the Department.
25        The Department is authorized to  establish  a  system  of
26    recipient copayment for services provided under this Section,
27    such  copayment  to  be based upon the recipient's ability to
28    pay but in no case to exceed the actual cost of the  services
29    provided.  Additionally,  any  portion  of  a person's income
30    which is equal to or less than the federal  poverty  standard
31    shall  not be considered by the Department in determining the
32    copayment. The level of  such  copayment  shall  be  adjusted
33    whenever  necessary  to  reflect any change in the officially
34    designated federal poverty standard.
 
SB1860 Enrolled            -24-               LRB9102178JMmbA
 1        The   Department,   or   the   Department's    authorized
 2    representative,  shall  recover the amount of moneys expended
 3    for services provided to or in behalf of a person under  this
 4    Section by a claim against the person's estate or against the
 5    estate  of the person's surviving spouse, but no recovery may
 6    be had until after the death of the surviving spouse, if any,
 7    and then only at such time when there is no  surviving  child
 8    who  is  under  age  21,  blind,  or  permanently and totally
 9    disabled.  This paragraph, however, shall not  bar  recovery,
10    at  the  death of the person, of moneys for services provided
11    to the person or in behalf of the person under  this  Section
12    to  which  the  person  was  not entitled; provided that such
13    recovery shall not be enforced against any real estate  while
14    it  is  occupied  as  a  homestead by the surviving spouse or
15    other dependent, if no claims by other  creditors  have  been
16    filed against the estate, or, if such claims have been filed,
17    they  remain dormant for failure of prosecution or failure of
18    the claimant to compel administration of the estate  for  the
19    purpose  of  payment.   This paragraph shall not bar recovery
20    from the estate of a spouse, under Sections 1915 and 1924  of
21    the  Social  Security  Act  and  Section  5-4 of the Illinois
22    Public Aid Code, who precedes  a  person  receiving  services
23    under this Section in death.  All moneys for services paid to
24    or  in  behalf  of  the  person  under  this Section shall be
25    claimed for  recovery  from  the  deceased  spouse's  estate.
26    "Homestead",  as  used  in this paragraph, means the dwelling
27    house and contiguous real  estate  occupied  by  a  surviving
28    spouse  or  relative, as defined by the rules and regulations
29    of the Illinois Department of Public Aid, regardless  of  the
30    value of the property.
31        The   Department  shall  develop  procedures  to  enhance
32    availability of services on evenings,  weekends,  and  on  an
33    emergency  basis  to  meet  the  respite needs of caregivers.
34    Procedures shall be developed to permit  the  utilization  of
 
SB1860 Enrolled            -25-               LRB9102178JMmbA
 1    services  in  successive blocks of 24 hours up to the monthly
 2    maximum established by the  Department.    Workers  providing
 3    these services shall be appropriately trained.
 4        The   Department  shall  work  in  conjunction  with  the
 5    Alzheimer's  Task  Force  and  members  of  the   Alzheimer's
 6    Association  and  other  senior  citizens'  organizations  in
 7    developing these procedures by December 30, 1991.
 8        Beginning on the effective date of this Amendatory Act of
 9    1991,  no person may perform chore/housekeeping and homemaker
10    services under a program authorized by  this  Section  unless
11    that  person  has been issued a certificate of pre-service to
12    do so by his or her employing agency.   Information  gathered
13    to  effect  such certification shall include (i) the person's
14    name, (ii) the date the  person  was  hired  by  his  or  her
15    current employer, and (iii) the training, including dates and
16    levels.   Persons  engaged  in the program authorized by this
17    Section before the effective date of this amendatory  Act  of
18    1991 shall be issued a certificate of all pre- and in-service
19    training  from  his  or  her  employer  upon  submitting  the
20    necessary   information.    The  employing  agency  shall  be
21    required to retain records of all staff pre-  and  in-service
22    training,  and  shall  provide such records to the Department
23    upon request and upon termination of the employer's  contract
24    with  the  Department.   In addition, the employing agency is
25    responsible for the issuance of certifications of  in-service
26    training completed to their employees.
27        The  Department is required to develop a system to ensure
28    that persons working as  homemakers  and  chore  housekeepers
29    receive  increases  in  their  wages when the federal minimum
30    wage is increased by requiring vendors to certify  that  they
31    are  meeting  the federal minimum wage statute for homemakers
32    and chore housekeepers.  An employer that cannot ensure  that
33    the  minimum  wage  increase is being given to homemakers and
34    chore  housekeepers  shall  be   denied   any   increase   in
 
SB1860 Enrolled            -26-               LRB9102178JMmbA
 1    reimbursement costs.
 2        The  Department  on  Aging  and  the  Department of Human
 3    Services shall cooperate in the development and submission of
 4    an annual report on programs and services provided under this
 5    Section.  Such joint report shall be filed with the  Governor
 6    and the General Assembly on or before September 30 each year.
 7        The  requirement  for  reporting  to the General Assembly
 8    shall be satisfied by filing copies of the  report  with  the
 9    Speaker,  the  Minority  Leader and the Clerk of the House of
10    Representatives and the President, the  Minority  Leader  and
11    the  Secretary  of  the  Senate  and the Legislative Research
12    Unit, as required by Section  3.1  of  the  General  Assembly
13    Organization  Act  and filing such additional copies with the
14    State Government Report Distribution Center for  the  General
15    Assembly  as  is required under paragraph (t) of Section 7 of
16    the State Library Act.
17        Those persons previously  found  eligible  for  receiving
18    non-institutional  services  whose services were discontinued
19    under the Emergency Budget Act of Fiscal Year 1992,  and  who
20    do  not  meet the eligibility standards in effect on or after
21    July 1, 1992, shall remain ineligible on and  after  July  1,
22    1992.   Those  persons  previously not required to cost-share
23    and who were required to cost-share effective March 1,  1992,
24    shall  continue  to meet cost-share requirements on and after
25    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
26    required   to   meet   eligibility,   cost-share,  and  other
27    requirements and will have services discontinued  or  altered
28    when they fail to meet these requirements.
29    (Source: P.A. 91-303, eff. 1-1-00.)

30        (20 ILCS 105/8.04 rep.)
31        Section  16.  The Illinois Act on the Aging is amended by
32    repealing Section 8.04.
 
SB1860 Enrolled            -27-               LRB9102178JMmbA
 1        Section 20.  The Personnel Code is  amended  by  changing
 2    Sections 7a, 7b, 7c, and 7e as follows:

 3        (20 ILCS 415/7a) (from Ch. 127, par. 63b107a)
 4        Sec.  7a.  Civil  Service Commission, organization. There
 5    shall be a Civil Service Commission of 5 three members.
 6    (Source: Laws 1955, p. 2208.)

 7        (20 ILCS 415/7b) (from Ch. 127, par. 63b107b)
 8        Sec. 7b. Qualifications. The members  of  the  Commission
 9    shall  be  persons  in sympathy with the application of merit
10    principles to public employment. No more than 3  two  members
11    of  the  Commission  may  be  adherents of the same political
12    party.
13    (Source: Laws 1955, p. 2208.)

14        (20 ILCS 415/7c) (from Ch. 127, par. 63b107c)
15        Sec. 7c.   Appointment.  Members  of  the  Civil  Service
16    Commission  in  office  at  the time of the effective date of
17    this Act shall continue in office until the expiration of the
18    terms for which they were appointed. Their  successors  shall
19    be  appointed  by the Governor with the advice and consent of
20    the Senate for terms ending 6 six  years  from  the  date  of
21    expiration  of  the  terms  for which their predecessors were
22    appointed, except that a person appointed to fill  a  vacancy
23    occurring  prior  to the expiration of a 6 year term shall be
24    similarly appointed for the remainder of the unexpired  term.
25    Each  member  of  the  Commission shall hold office until his
26    successor is appointed  and  qualified.  The  Governor  shall
27    appoint  one  of  the  members  to  serve  as chairman of the
28    Commission at the pleasure of the Governor.
29        Notwithstanding any provision  of  this  Section  to  the
30    contrary, the term of office of each member of the Commission
31    is  abolished on the effective date of this amendatory Act of
 
SB1860 Enrolled            -28-               LRB9102178JMmbA
 1    1985, but the incumbents shall continue to  exercise  all  of
 2    the  powers and be subject to all of the duties of members of
 3    the  Commission  until  their   respective   successors   are
 4    appointed and qualified.  The successors to the members whose
 5    terms  of  office  are herein abolished shall be appointed by
 6    the Governor with the advice and consent  of  the  Senate  to
 7    terms  of office as follows: one member shall be appointed to
 8    a term of office to expire on March 1, 1987; one member shall
 9    be appointed to a term of office to expire on March 1,  1989;
10    and  one  member  shall  be  appointed to a term of office to
11    expire on March 1, 1991. The 2 additional  members  appointed
12    pursuant  to this amendatory Act of the 91st General Assembly
13    shall each be appointed to a term  of  office  to  expire  on
14    March  1,  2005.  Each  member  of  the Commission shall hold
15    office  until  his  successor  is  appointed  and  qualified.
16    Following the terms of office established in this  paragraph,
17    successors   shall   be  appointed  in  accordance  with  the
18    provisions of the first paragraph of this Section.
19    (Source: P.A. 84-115.)

20        (20 ILCS 415/7e) (from Ch. 127, par. 63b107e)
21        Sec. 7e. Chairman, meetings. The Commission shall meet at
22    such time and place as shall be  specified  by  call  of  the
23    chairman  or the Director. At least one meeting shall be held
24    each month. Notice of each meeting shall be given in  writing
25    to each member by the chairman at least three days in advance
26    of  the  meeting. Three Two members shall constitute a quorum
27    for the transaction of business.
28    (Source: Laws 1955, p. 2208.)

29        (20 ILCS 505/7.2 rep.)
30        Section 25.  The Children  and  Family  Services  Act  is
31    amended by repealing Section 7.2.
 
SB1860 Enrolled            -29-               LRB9102178JMmbA
 1        (20 ILCS 605/605-715 rep.)
 2        Section  30.   The  Department  of Commerce and Community
 3    Affairs Law of the Civil Administrative Code of  Illinois  is
 4    amended by repealing Section 605-715.

 5        Section  35.  The  Illinois Development Finance Authority
 6    Act is amended by changing Section 4 as follows:

 7        (20 ILCS 3505/4) (from Ch. 48, par. 850.04)
 8        Sec. 4.  There is hereby created a political subdivision,
 9    body politic and corporate by the name and style of  Illinois
10    Development  Finance Authority. The exercise by the Authority
11    of the powers conferred by law shall be an  essential  public
12    function.
13        The  governing powers of the Authority shall be vested in
14    a body consisting of 17 15 members including, as  ex  officio
15    members,  the  Director  of  Labor  and  the  Director of the
16    Department  of  Commerce  and  Community  Affairs  or   their
17    designees.  The other 15 13 members of the Authority shall be
18    appointed by the Governor with the advice and consent of  the
19    Senate  and  shall be designated "public members". Nine Eight
20    members shall constitute a quorum.  However, when a quorum of
21    members of the Authority is physically present at the meeting
22    site, other Authority members may participate in and  act  at
23    any  meeting  through  the  use  of a conference telephone or
24    other communications equipment by means of which all  persons
25    participating   in   the   meeting   can   hear  each  other.
26    Participation in such meeting shall constitute attendance and
27    presence in person at the meeting of the person or persons so
28    participating.  Not more than 9 8 members  of  the  Authority
29    may  be  of  the  same  political  party. The Chairman of the
30    Authority shall be elected by the Authority  from  among  its
31    public  members,  all  of whom shall be persons of recognized
32    ability and experience in one or more of the following areas:
 
SB1860 Enrolled            -30-               LRB9102178JMmbA
 1    economic   development,    finance,    banking,    industrial
 2    development,   small   business   management,   real   estate
 3    development,    community   development,   venture   finance,
 4    construction, and  labor  relations.   At  least  one  public
 5    member   shall  be  a  representative  of  the  interests  of
 6    organized labor.
 7        The terms of all members of the Authority holding  office
 8    on  the  effective date of this amendatory Act of 1983, other
 9    than the ex officio members, shall expire 90 days after  that
10    date,  and  the  Governor  shall appoint 10 new members whose
11    terms shall commence the day following such expiration  date.
12    Of  the  members initially appointed by the Governor pursuant
13    to this amendatory Act of 1983, 5 shall serve until the third
14    Monday in January, 1985 and 5 shall  serve  until  the  third
15    Monday  in  January,  1987,  and  until  their successors are
16    appointed and qualified.   The  members  initially  appointed
17    under this amendatory Act of 1985 shall serve until the third
18    Monday  in  January  1989.   The  members initially appointed
19    under this amendatory Act of the 91st General Assembly  shall
20    serve  until  the  3rd  Monday  in January 2004.  Each member
21    appointed under this paragraph who is confirmed by the Senate
22    shall hold office during the specified  time  and  until  his
23    successor shall be appointed and qualified.
24        All  successors  shall  hold office for a term of 4 years
25    commencing the third Monday in January of the year  in  which
26    their  term  commences,  except  in case of an appointment to
27    fill a vacancy. In case of vacancy in  the  office  when  the
28    Senate  is  not in session, the Governor may make a temporary
29    appointment until the next meeting  of  the  Senate  when  he
30    shall  nominate  such  person  to  fill  such office, and any
31    person so nominated who is confirmed  by  the  Senate,  shall
32    hold  his  office  during the remainder of the term and until
33    his successor shall be appointed and qualified. If the Senate
34    is not in session at the time the amendatory Acts of 1983 and
 
SB1860 Enrolled            -31-               LRB9102178JMmbA
 1    1985 and of  the  91st  General  Assembly  take  effect,  the
 2    Governor  may  make  temporary appointments of the new public
 3    members as in the case of vacancies. Members of the Authority
 4    shall not be entitled to compensation for their  services  as
 5    members,  but  shall  be  entitled  to  reimbursement for all
 6    necessary  expenses   incurred   in   connection   with   the
 7    performance of their duties as members.
 8        The   Governor  may  remove  any  public  member  of  the
 9    Authority in  case  of  incompetency,  neglect  of  duty,  or
10    malfeasance  in office, after service on him of a copy of the
11    written charges against him and an opportunity to be publicly
12    heard in person or by counsel in his  own  defense  upon  not
13    less than 10 days notice.
14        The  members  of the Authority shall appoint an Executive
15    Director who shall be a person knowledgeable in the areas  of
16    financial  markets  and  instruments  and  the  financing  of
17    business  enterprises,  to hold office during the pleasure of
18    the members.  The  Executive  Director  shall  be  the  chief
19    administrative  and  operational officer of the Authority and
20    shall direct and supervise  its  administrative  affairs  and
21    general  management  and  perform such other duties as may be
22    prescribed from time to time by the members and shall receive
23    compensation fixed by the Authority. The  Executive  Director
24    or   any   committee  of  the  members  may  carry  out  such
25    responsibilities of the members as the members by  resolution
26    may  delegate.   The  Executive  Director  shall  attend  all
27    meetings   of  the  Authority;  however,  no  action  of  the
28    Authority shall be invalid on account of the absence  of  the
29    Executive  Director  from a meeting. The Authority may engage
30    the services of such other agents  and  employees,  including
31    attorneys,   appraisers,   engineers,   accountants,   credit
32    analysts  and other consultants, as it may deem advisable and
33    may prescribe their duties and fix their compensation.
34    (Source: P.A. 88-519.)
 
SB1860 Enrolled            -32-               LRB9102178JMmbA
 1        Section   38.  The   Illinois   Planning    Council    on
 2    Developmental   Disabilities   Law  is  amended  by  changing
 3    Sections 2001, 2002, 2003, and 2006  and  by  adding  Section
 4    2004.5 as follows:

 5        (20 ILCS 4010/2001) (from Ch. 91 1/2, par. 1951)
 6        Sec.  2001.   Short  title.  This Article may be cited as
 7    the Illinois Planning Council on  Developmental  Disabilities
 8    Law.
 9    (Source: P.A. 86-1190.)

10        (20 ILCS 4010/2002) (from Ch. 91 1/2, par. 1952)
11        Sec.  2002.  Definitions. As used in this Article, unless
12    the context requires otherwise:
13        (a)  "Council" means the  Illinois  Planning  Council  on
14    Developmental Disabilities.
15        (b)  "Chairperson"  means the chairperson of the Illinois
16    Planning Council on Developmental Disabilities.
17        (c)  "Director"  means  the  director  of  the   Illinois
18    Planning Council on Developmental Disabilities.
19        (d)  "Developmental  disability"  means,  in  general,  a
20    severe  chronic  disability  of an individual that a person 5
21    years of age or older which:
22             (1)  is  attributable  to  a  mental   or   physical
23        impairment   or   combination   of  mental  and  physical
24        impairments;
25             (2)  is manifested before the person attains age 22;
26             (3)  is likely to continue indefinitely;
27             (4)  results in substantial  functional  limitations
28        in  3  or  more  of  the  following  areas  of major life
29        activity: self care, receptive and  expressive  language,
30        learning,   mobility,   self   direction,   capacity  for
31        independent living, and economic sufficiency; and
32             (5)  reflects the person's need  for  a  combination
 
SB1860 Enrolled            -33-               LRB9102178JMmbA
 1        and  sequence  of  special  interdisciplinary  or generic
 2        services  care,  individualized  supports,  treatment  or
 3        other forms of assistance that services which are of life
 4        long or extended duration and  are  individually  planned
 5        and coordinated.;
 6        except  that such term, When applied to infants and young
 7    children,  an  individual  may  be  considered  to   have   a
 8    "developmental    disability"   if   the   individual   means
 9    individuals from birth to age 9 5, inclusive,  has  who  have
10    (i)  a substantial developmental delay or specific congenital
11    or acquired conditions and (ii) does not meet 3  or  more  of
12    the criteria described in paragraphs (1) through (5) but who,
13    without  services  and  support,  has  a  high probability of
14    meeting those criteria later in life with a high  probability
15    of  resulting  in  developmental disabilities if services are
16    not provided.
17    (Source: P.A. 86-1190; 87-1158.)

18        (20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
19        Sec.  2003.   Planning  Council.  The  Illinois  Planning
20    Council on Developmental Disabilities is hereby created as an
21    executive agency of State government.  The council  shall  be
22    composed of 39 members, governed by a chairperson, and headed
23    by  a  director. The Council shall be composed of 29 members,
24    governed by a chairperson, and  headed  by  a  director.  The
25    functions of the council shall be as prescribed in Chapter 75
26    of  Title  42  of  the United States Code (42 U.S.C. 6000, et
27    seq.), as now or hereafter amended, and in  Section  2006  of
28    this Article.
29        The  Council  shall receive and disburse funds authorized
30    under Chapter 75 of Title 42 of the United  States  Code  (42
31    U.S.C. 6000, et seq.), as now or hereafter amended.
32    (Source: P.A. 86-1190.)
 
SB1860 Enrolled            -34-               LRB9102178JMmbA
 1        (20 ILCS 4010/2004.5 new)
 2        Sec.  2004.5.  Council  membership.  The General Assembly
 3    intends that the reduction in the membership of  the  Council
 4    shall  occur  through attrition between the effective date of
 5    this amendatory Act of the 91st General Assembly and  January
 6    1,  2001.   In  the event that the terms of 10 voting members
 7    have not expired by January 1, 2001, members of  the  Council
 8    serving  on  that  date  shall  continue to serve until their
 9    terms expire.
10        (a)  The  membership  of  the  Council  must   reasonably
11    represent  the diversity of this State.  Not less than 60% of
12    the   Council's   membership   must   be   individuals   with
13    developmental disabilities, parents or guardians of  children
14    with  developmental  disabilities,  or immediate relatives or
15    guardians  of  adults  with  developmental  disabilities  who
16    cannot advocate for themselves.
17        The Council must also include  representatives  of  State
18    agencies  that  administer  moneys  under  federal  laws that
19    relate to individuals with  developmental  disabilities;  the
20    State  University  Center  for  Excellence  in  Developmental
21    Disabilities  Education,  Research,  and  Service;  the State
22    protection and advocacy system; and representatives of  local
23    and  non-governmental  agencies and private non-profit groups
24    concerned with services for  individuals  with  developmental
25    disabilities.   The  members described in this paragraph must
26    have  sufficient  authority  to  engage   in   policy-making,
27    planning,  and  implementation  on  behalf of the department,
28    agency, or program that they represent.   Those  members  may
29    not  take  part  in any discussion of grants or contracts for
30    which their departments, agencies, or programs are  grantees,
31    contractors,  or  applicants  and  must comply with any other
32    relevant conflict of interest  provisions  in  the  Council's
33    policies or bylaws.
34        (b)  Seventeen voting members, appointed by the Governor,
 
SB1860 Enrolled            -35-               LRB9102178JMmbA
 1    must be persons with developmental disabilities,  parents  or
 2    guardians  of  persons  with  developmental  disabilities, or
 3    immediate   relatives   or   guardians   of   persons    with
 4    mentally-impairing developmental disabilities.  None of these
 5    members  may  be  employees  of  a State agency that receives
 6    funds or provides services under  the  federal  Developmental
 7    Disabilities  Assistance  and  Bill of Rights Act of 1996 (42
 8    U.S.C. 6000 et seq.), as now or hereafter  amended,  managing
 9    employees  of  any  other  entity  that  receives  moneys  or
10    provides    services    under   the   federal   Developmental
11    Disabilities Assistance and Bill of Rights Act  of  1996  (42
12    U.S.C. 6000 et seq.), as now or hereafter amended, or persons
13    with  an  ownership  interest in or a controlling interest in
14    such  an  entity.   Of  the  members  appointed  under   this
15    subsection (b):
16             (1)  at  least  6 must be persons with developmental
17        disabilities;
18             (2) at least 6 must be parents, immediate relatives,
19        or guardians of children and  adults  with  developmental
20        disabilities,       including       individuals      with
21        mentally-impairing developmental disabilities who  cannot
22        advocate for themselves; and
23             (3)  5  members  must  be  a  combination of persons
24        described in paragraphs (1) and (2); at least one of whom
25        must be (i) an  immediate  relative  or  guardian  of  an
26        individual with a developmental disability who resides or
27        who  previously  resided  in  an  institution  or (ii) an
28        individual with a developmental disability who resides or
29        who previously resided in an institution.
30        (c) Two voting members, appointed by the  Governor,  must
31    be representatives of local and non-governmental agencies and
32    private   non-profit   groups  concerned  with  services  for
33    individuals with developmental disabilities.
34        (d) Nine voting members shall be the Director  of  Public
 
SB1860 Enrolled            -36-               LRB9102178JMmbA
 1    Aid, or his or her designee; the Director of Aging, or his or
 2    her  designee;  the Director of Children and Family Services,
 3    or his or her designee; a representative of the  State  Board
 4    of  Education;  a  representative of the State protection and
 5    advocacy system; a representative  of  the  State  University
 6    Center   for   Excellence   in   Developmental   Disabilities
 7    Education,  Research,  and  Service;   representatives of the
 8    Office  of  Developmental  Disabilities  and  the  Office  of
 9    Community Health and Prevention of the  Department  of  Human
10    Services  (as  the  State's  lead  agency  for Title V of the
11    Social Security Act, 42 U.S.C. 701 et seq.) designated by the
12    Secretary of Human Services;  and  a  representative  of  the
13    State  entity  that  administers  federal  moneys  under  the
14    federal Rehabilitation Act.
15        (e)  The  Director of the Bureau of the Budget, or his or
16    her designee, shall be a non-voting member of the Council.
17        (f) The Governor must provide for the timely rotation  of
18    members.
19        Appointments  to  the  Council  shall  be  for terms of 3
20    years. Appointments to fill vacancies  occurring  before  the
21    expiration  of a term shall be for the remainder of the term.
22    Members shall serve until their successors are appointed.
23        The Council, at  the  discretion  of  the  Governor,  may
24    coordinate and provide recommendations for new members to the
25    Governor based upon their review of the Council's composition
26    and   on   input   received   from  other  organizations  and
27    individuals   representing   persons    with    developmental
28    disabilities,  including  the non-State agency members of the
29    Council.  The Council must, at least once each  year,  advise
30    the  Governor  on  the  Council's membership requirements and
31    vacancies, including rotation requirements.
32        No member may serve for more than 2 successive terms.
33        (g)  Members  may  not  receive  compensation  for  their
34    services,  but  shall  be  reimbursed  for  their  reasonable
 
SB1860 Enrolled            -37-               LRB9102178JMmbA
 1    expenses plus up to  $50  per  day  for  any  loss  of  wages
 2    incurred in the performance of their duties.
 3        (h)  The  total membership of the Council consists of the
 4    number  of  voting  members,  as  defined  in  this  Section,
 5    excluding any vacant positions. A quorum is a simple majority
 6    of the total membership and is sufficient to  constitute  the
 7    transaction  of  the business of the Council unless otherwise
 8    stipulated in the bylaws of the Council.
 9        (i) The Council must meet at least quarterly.

10        (20 ILCS 4010/2006) (from Ch. 91 1/2, par. 1956)
11        Sec. 2006.  Powers and duties of the Council. The Council
12    shall serve as an advocate for all persons with developmental
13    disabilities to assure that they participate in the design of
14    and have access to needed community services,  individualized
15    supports,   and   other  forms  of  assistance  that  promote
16    self-determination, receive the services and other assistance
17    and opportunities necessary to enable them to  achieve  their
18    maximum    potential    through    increased    independence,
19    productivity,  and  integration into the community.  As such,
20    the Council shall:
21        (a)  Develop and implement the  State  plan  required  by
22    Chapter  75  of Title 42 of the United States Code (42 U.S.C.
23    6000, et seq.), as now or hereafter amended.
24        (a-5)  Implement  the  State  plan  by   conducting   and
25    supporting  advocacy,  capacity building, and systemic change
26    activities, including but not limited to the following:
27             (1) outreach activities  to  identify,  assist,  and
28        enable  individuals  with  developmental disabilities and
29        their  families  to   obtain   services,   individualized
30        supports, and other assistance;
31             (2)  training  for  individuals  with  developmental
32        disabilities,  their  families,  communities,  and others
33        regarding the support,  services,  and  other  assistance
 
SB1860 Enrolled            -38-               LRB9102178JMmbA
 1        necessary to achieve the goals of integration, inclusion,
 2        productivity,   and   independence   for   persons   with
 3        developmental disabilities;
 4             (3)   technical  assistance  to  assist  public  and
 5        private entities to achieve the goals of this Section;
 6             (4) supporting and educating communities  to  assist
 7        neighborhoods and communities in responding positively to
 8        individuals  with  developmental  disabilities  and their
 9        families and in offering access to and use  of  services,
10        resources, and opportunities;
11             (5)  inter-agency  collaboration and coordination to
12        better  serve,   support,   assist,   or   advocate   for
13        individuals  with  developmental  disabilities  and their
14        families;
15             (6)  coordination  with  other   related   councils,
16        committees, and programs;
17             (7)   barrier   elimination,   systems  design,  and
18        redesign  activities  that   enhance   participation   by
19        individuals  with  developmental  disabilities  in  their
20        communities;
21             (8)  providing  policymakers  with  information from
22        Council-supported projects and  activities  in  order  to
23        increase   the   ability   of   policymakers   to   offer
24        opportunities  to enhance or adapt generic or specialized
25        services to individuals with  developmental  disabilities
26        and their families;
27             (9)  demonstration of new approaches to services and
28        support for people with  developmental  disabilities  and
29        their  families  that are part of an overall strategy for
30        systemic change; and
31             (10) other advocacy, capacity building, and systemic
32        changes  that  promote  a   coordinated,   consumer   and
33        family-centered  and  directed  comprehensive  system  of
34        community services.
 
SB1860 Enrolled            -39-               LRB9102178JMmbA
 1        (b)  (Blank).  Develop and submit to the Governor and the
 2    General Assembly an annual  comprehensive  State  interagency
 3    plan  with  input  from  the  principal  State  agencies that
 4    provide or administer programs for persons with developmental
 5    disabilities.   The   developmental   disabilities   services
 6    implementation   plan   developed   under  the  Developmental
 7    Disabilities Services Law  shall  be  incorporated  into  and
 8    become  a  part of the annual plan required by this Law.  The
 9    council shall provide assistance and  coordination  to  State
10    agencies  in  the  development  and  oversight  of  the State
11    Developmental Disabilities System Plan  as  required  by  the
12    Developmental  Disabilities  Services Law, and all subsequent
13    and related planning requirements.  The council shall  submit
14    the  plan, including a report on the status of implementation
15    of its various components, to the Governor  and  the  General
16    Assembly on the first Wednesday of April of each year.
17        (c)  Advise  the  principal  State  agencies that provide
18    services   or   administer   programs   for   persons    with
19    developmental  disabilities,  the  General  Assembly, and the
20    Governor concerning the use of State  and  federal  resources
21    for  persons  with developmental disabilities, groups who are
22    not adequately  served  by  the  system,  the  prevention  of
23    developmental disabilities, and other related matters.
24        (d)  (Blank).  Develop principles and values that support
25    integration, productivity and independence for  persons  with
26    developmental  disabilities that will guide the design of the
27    service system.
28        (e)  Recommend and advocate for the  adoption  of  public
29    policies  that  which will affect the State service system to
30    support the independence, productivity, and integration,  and
31    inclusion of persons with developmental disabilities.
32        (f)  (Blank).  Increase  the  capacities and resources of
33    public and private entities through a variety  of  activities
34    that will develop a system for providing specialized services
 
SB1860 Enrolled            -40-               LRB9102178JMmbA
 1    or  special  adaptations  of generic services that respond to
 2    the needs of  persons  with  developmental  disabilities  and
 3    their  families.   This system shall be coordinated among the
 4    principal  agencies  providing  services   or   administering
 5    programs in the area of developmental disabilities.
 6        (g)  Take any other actions as may be reasonable to carry
 7    out  the  purposes of this Article and Chapter 75 of Title 42
 8    of the United States Code (42 U.S.C. 6000, et seq.),  as  now
 9    or hereafter amended.
10        The  Council  shall  promulgate  rules and regulations to
11    implement  this  Article  in  accordance  with  the  Illinois
12    Administrative Procedure Act.
13        The Council shall have the cooperation of relevant  State
14    agencies in fulfilling its responsibilities.
15    (Source: P.A. 86-1190; 87-1158.)

16        Section  40.  The  Compensation  Review Act is amended by
17    changing Section 2 as follows:

18        (25 ILCS 120/2) (from Ch. 63, par. 902)
19        Sec. 2.  There is created the Compensation Review  Board,
20    hereinafter referred to as the Board.
21        The  Board  shall consist of l2 members, appointed 3 each
22    by the Speaker of the House of Representatives, the  Minority
23    Leader thereof, the President of the Senate, and the Minority
24    Leader  thereof.  Members shall be adults and be residents of
25    Illinois.  Members may not be members or employees or  former
26    members   or   employees   of   the  judicial,  executive  or
27    legislative branches of State government; nor may members  be
28    persons  registered under the Lobbyist Registration Act.  Any
29    member may be reappointed  for  a  consecutive  term  but  no
30    member  may  serve for more than 10 years total on the Board.
31    The respective appointing legislative leader may  remove  any
32    such  appointed member prior to the expiration of his term on
 
SB1860 Enrolled            -41-               LRB9102178JMmbA
 1    the Board for official misconduct, incompetence or neglect of
 2    duty.
 3        Members  shall  serve  without  compensation  but   shall
 4    receive  an  allowance  for  living  expenses incurred in the
 5    performance of their official duties in  an  amount  per  day
 6    equal  to  the  amount  permitted  to  be  deducted  for such
 7    expenses by members of the General Assembly under the federal
 8    Internal Revenue Code, as now or hereafter amended.  The rate
 9    for reimbursement of mileage expenses shall be equal  to  the
10    amount  established  from  time  to  time  for members of the
11    General Assembly.  The  Board  may,  without  regard  to  the
12    Personnel   Code,   employ   and   fix  the  compensation  or
13    remuneration  of  employees  as  it  considers  necessary  or
14    desirable.  The General Assembly shall appropriate the  funds
15    necessary to operate the Board.
16    (Source: P.A. 91-357, eff. 7-29-99.)

17        (70 ILCS 3620/8 rep.)
18        Section   50.    The  Public  Transit  Employee  Training
19    Programs Act is amended by repealing Section 8.

20        Section 55.  The Illinois Educational Labor Relations Act
21    is amended by changing Sections 5 and 17.1 as follows:

22        (115 ILCS 5/5) (from Ch. 48, par. 1705)
23        Sec. 5.  Illinois Educational Labor Relations Board.
24        (a)  There is hereby  created  the  Illinois  Educational
25    Labor  Relations  Board consisting of 7 of 5 members, no more
26    than 4 of 3 of whom may be of the same political  party,  who
27    are  residents of Illinois appointed by the Governor with the
28    advice and consent of the Senate.  The Governor shall appoint
29    to the Board only persons who have had a minimum of  5  years
30    of  experience  directly  related  to  labor  and  employment
31    relations    in   representing   educational   employers   or
 
SB1860 Enrolled            -42-               LRB9102178JMmbA
 1    educational employees in collective bargaining matters.   One
 2    appointed  member  shall  be designated at the time of his or
 3    her appointment to serve as chairman.
 4        Of the 2 additional members appointed  pursuant  to  this
 5    amendatory  Act  of 1997, one shall be designated at the time
 6    of his or her appointment to serve a term of 6 years and  the
 7    other  shall  be  designated  at  the  time  of  his  or  her
 8    appointment  to  serve  a term of 4 years, with each to serve
 9    until his or her successor is appointed  and  qualified.   In
10    the  event  the  Senate  is  not in session at the time the 2
11    additional members are appointed pursuant to this  amendatory
12    Act  of  1997,  the Governor shall make those appointments as
13    temporary appointments until the next meeting of  the  Senate
14    when  he shall appoint, by and with the advice and consent of
15    the Senate, 2 persons to fill  those  memberships  for  their
16    unexpired terms.
17        The  2  additional  members  appointed  pursuant  to this
18    amendatory Act of the 91st General Assembly shall each  serve
19    initial terms of 6 years.
20        (b)  Each  subsequent  member  shall be appointed in like
21    manner for a term of 6 years and until his or  her  successor
22    is  appointed  and  qualified.  Each  member  of the Board is
23    eligible for reappointment.  Vacancies shall be filled in the
24    same manner as original appointments for the balance  of  the
25    unexpired term.
26        (c)  The  chairman  shall be paid $50,000 per year, or an
27    amount set by the Compensation  Review  Board,  whichever  is
28    greater.   Other  members  of  the  Board  shall each be paid
29    $45,000 per year, or an amount set by the Compensation Review
30    Board, whichever is  greater.   They  shall  be  entitled  to
31    reimbursement  for  necessary  traveling  and  other official
32    expenditures necessitated by their official duties.
33        (d)  Four Three members of the Board constitute a  quorum
34    and  a  vacancy on the board does not impair the right of the
 
SB1860 Enrolled            -43-               LRB9102178JMmbA
 1    remaining members to exercise all of the powers of the Board.
 2        (e)  Any member of  the  Board  may  be  removed  by  the
 3    Governor,  upon notice, for neglect of duty or malfeasance in
 4    office, but for no other cause.
 5        (f)  The  Board  may  appoint  or  employ  an   executive
 6    director,   attorneys,   hearing  officers,  and  such  other
 7    employees as it deems necessary  to  perform  its  functions.
 8    The  Board  shall  prescribe the duties and qualifications of
 9    such  persons  appointed   and,   subject   to   the   annual
10    appropriation,   fix   their  compensation  and  provide  for
11    reimbursement of actual and necessary  expenses  incurred  in
12    the performance of their duties.
13        (g)  The Board may promulgate rules and regulations which
14    allow   parties   in  proceedings  before  the  Board  to  be
15    represented by counsel or any other person  knowledgeable  in
16    the matters under consideration.
17        (h)  To  accomplish  the  objectives and to carry out the
18    duties  prescribed  by  this  Act,  the  Board  may  subpoena
19    witnesses, subpoena the production of books, papers,  records
20    and  documents  which may be needed as evidence on any matter
21    under inquiry and may administer oaths and affirmations.
22        In cases of neglect or refusal to obey a subpoena  issued
23    to  any  person, the circuit court in the county in which the
24    investigation or the public hearing  is  taking  place,  upon
25    application  by  the Board, may issue an order requiring such
26    person to appear before the Board or any member or  agent  of
27    the Board to produce evidence or give testimony. A failure to
28    obey  such  order  may  be  punished by the court as in civil
29    contempt.
30        Any subpoena, notice of  hearing,  or  other  process  or
31    notice  of  the Board issued under the provisions of this Act
32    may be served personally, by registered mail or by leaving  a
33    copy at the principal office of the respondent required to be
34    served.  A return, made and verified by the individual making
 
SB1860 Enrolled            -44-               LRB9102178JMmbA
 1    such service and setting forth the manner of such service, is
 2    proof of service. A post office receipt, when registered mail
 3    is used, is proof of service. All process  of  any  court  to
 4    which  application  may  be made under the provisions of this
 5    Act may be served in the county where the persons required to
 6    be served reside or may be found.
 7        (i)  The Board shall adopt, promulgate, amend, or rescind
 8    rules  and  regulations  in  accordance  with  "The  Illinois
 9    Administrative Procedure Act", as now or  hereafter  amended,
10    as it deems necessary and feasible to carry out this Act.
11        (j)  The  Board  at  the  end  of every State fiscal year
12    shall make a report  in  writing  to  the  Governor  and  the
13    General  Assembly,  stating in detail the work it has done in
14    hearing and deciding cases and otherwise.
15    (Source: P.A. 90-548, eff. 1-1-98.)

16        (115 ILCS 5/17.1) (from Ch. 48, par. 1717.1)
17        Sec. 17.1.  Precedents established by other labor boards.
18    Unless contradicted by  administrative  precedent  previously
19    established   by   the   Board,   all   final   decisions  in
20    representation and unfair labor practice cases decided by the
21    State or Local Panel of the Illinois Labor Relations Board or
22    their predecessors, the Illinois State Labor Relations  Board
23    and  the  Illinois  Local  Labor  Relations  Board previously
24    created under the Illinois Public Labor Relations Act,  which
25    have  not been reversed by subsequent court rulings, shall be
26    considered, but need not be followed, by the Board.
27    (Source: P.A. 85-924.)

28        Section 60.  The  Illinois  Banking  Act  is  amended  by
29    changing Sections 78 and 79 as follows:

30        (205 ILCS 5/78) (from Ch. 17, par. 390)
31        Sec.  78.  Board  of banks and trust companies; creation,
 
SB1860 Enrolled            -45-               LRB9102178JMmbA
 1    members, appointment.  There is created a Board  which  shall
 2    be  known  as the State Banking Board of Illinois which shall
 3    consist of the Commissioner, who shall be its  chairman,  and
 4    16   14   additional  members  divided  into  3  two  classes
 5    designated Class A members, and Class B members, and Class  C
 6    members  who  are  appointed  by the Governor by and with the
 7    advice and consent of the Senate and made up as follows:
 8        Class A shall consist of 4 persons, none of whom shall be
 9    an officer  or  director  of  or  owner,  whether  direct  or
10    indirect, of more than 5% of the outstanding capital stock of
11    any bank.
12        Class  B  shall  consist of 10 persons who at the time of
13    their respective appointments shall have had not less than 10
14    years banking experience. Of the 10 Class B members, 2  shall
15    be  from  State  banks  having  total assets of not more than
16    $20,000,000 at the time of their appointment, 2 shall be from
17    State banks having total assets of more than $20,000,000  but
18    not more than $50,000,000 at the time of their appointment, 2
19    shall  be  from  State banks having total assets of more than
20    $50,000,000, but not more than $125,000,000 at  the  time  of
21    their  appointment,  one  shall  be  from a State bank having
22    total assets of more than  $125,000,000  but  not  more  than
23    $250,000,000  at the time of appointment, one shall be from a
24    State bank having total assets of more than $250,000,000  but
25    not  more than $1,000,000,000 at the time of appointment, one
26    shall be from a State bank having total assets of  more  than
27    $1,000,000,000  at  the  time of appointment and one shall be
28    from a foreign banking corporation certificated  pursuant  to
29    the Foreign Banking Office Act.
30        Class  C shall consist of 2 persons who shall be at-large
31    members representing the banking industry generally.
32    (Source: P.A. 84-905; 84-1004.)

33        (205 ILCS 5/79) (from Ch. 17, par. 391)
 
SB1860 Enrolled            -46-               LRB9102178JMmbA
 1        Sec. 79. Board, terms of office. The terms of  office  of
 2    the  Class  A  and  Class B members of the Board of Banks and
 3    Trust Companies who are in office on the  effective  date  of
 4    this  Amendatory  Act  of  1985  shall expire on December 31,
 5    1985. The terms of office of Class A, and Class B, and  Class
 6    C members of the State Banking Board shall be as follows:
 7        (a)  The  terms  of  office  of  all  Class A and Class B
 8    members of the State Banking Board shall begin on January  1,
 9    1986.
10        (b)  The  persons  first appointed as the Class A members
11    of the State Banking Board shall have the following terms  as
12    designated  by  the  Governor;  one  person for a term of one
13    year, one person for a term of 2 years, one person for a term
14    of 3 years and one person for a term of 4 years.  Thereafter,
15    the  term  of office of each Class A member shall be 4 years,
16    except that an appointment to fill a vacancy shall be for the
17    unexpired term of the member whose term is being filled.
18        (c)  The persons first appointed as Class  B  members  of
19    the  State  Banking  Board  shall have the following terms as
20    designated by the Governor; one member  for  a  term  of  one
21    year,  3  members for a term of 2 years, 3 members for a term
22    of 3 years, and 3 members for a term of 4 years.  Thereafter,
23    the term of office of each Class B member shall be  4  years,
24    except that an appointment to fill a vacancy shall be for the
25    unexpired term of the member whose term is being filled.
26        (c-5)  The  initial term of office of each Class C member
27    of  the  State  Banking  Board  appointed  pursuant  to  this
28    amendatory Act of the 91st General Assembly shall  expire  on
29    January  1,  2004.   Thereafter,  the  term of office of each
30    Class C member shall be 4 years, except that  an  appointment
31    to  fill  a  vacancy  shall  be for the unexpired term of the
32    member whose term is being filled.
33        (d)  No Class A, or Class B, or  Class  C  State  Banking
34    Board  member  shall  serve  more than 2 full 4-year terms of
 
SB1860 Enrolled            -47-               LRB9102178JMmbA
 1    office.
 2        (e)  The term of office of a State Banking  Board  member
 3    shall terminate automatically when the member no longer meets
 4    the  qualifications for the member's appointment to the Board
 5    provided that an increase or decrease in the  asset  size  of
 6    the  member's  bank during the member's term of office on the
 7    State Banking Board shall not result in  the  termination  of
 8    the member's term of office.
 9    (Source: P.A. 90-301, eff. 8-1-97.)

10        Section  65.   The  Illinois Insurance Code is amended by
11    changing Section 143.28 as follows:

12        (215 ILCS 5/143.28) (from Ch. 73, par. 755.28)
13        Sec. 143.28.  The  rates  and  premium  charges  for  all
14    policies of automobile insurance, as described in sub-section
15    (a) of Section 143.13 of this Code, shall include appropriate
16    reductions  for  insured  automobiles which are equipped with
17    anti-theft mechanisms or devices approved  by  the  Director.
18    To  implement  the  provisions  of this section, the Director
19    shall promulgate rules and regulations., and shall appoint an
20    Automotive Engineering Advisory Panel consisting of qualified
21    persons with expertise in automotive design, vehicle service,
22    and theft deterrent measures, to develop minimum  performance
23    standards for certification of such anti-theft mechanisms and
24    devices  and  to  develop  minimum  performance standards for
25    their  certification.   The  Secretary  of   State   or   his
26    designated representative shall be a member of the Automotive
27    Engineering  Advisory Panel, and shall provide the Panel with
28    technical and other assistance, as  it  shall  require.   The
29    rules  and  regulations  promulgated  hereunder shall include
30    procedures for  certification  to  insurers  that  anti-theft
31    mechanisms  and  devices  have  been  installed  properly  in
32    insured vehicles.
 
SB1860 Enrolled            -48-               LRB9102178JMmbA
 1    (Source: P.A. 81-0871; 81-1509.)

 2        Section   70.  The   Environmental   Health  Practitioner
 3    Licensing Act is amended by changing Section 18 as follows:

 4        (225 ILCS 37/18)
 5        Sec. 18.  Board of  Environmental  Health  Practitioners.
 6    The  Board  of  Environmental Health Practitioners is created
 7    and shall exercise its duties as provided in this  Act.   The
 8    Board  shall  consist of 7 members appointed by the Director.
 9    Of  the  7  members,  4   shall   be   environmental   health
10    practitioners,  one  a  Public Health Administrator who meets
11    the  minimum  qualifications  for  public  health   personnel
12    employed  by full time local health departments as prescribed
13    by the Illinois Department of Public Health and  is  actively
14    engaged  in  the  administration of a local health department
15    within this State, one full time professor  teaching  in  the
16    field of environmental health practice, and one member of the
17    general public.  In making the appointments to the Board, the
18    Director   shall  consider  the  recommendations  of  related
19    professional and trade associations  including  the  Illinois
20    Environmental  Health  Association  and  the  Illinois Public
21    Health Association and of  the  Director  of  Public  Health.
22    Each  of the environmental health practitioners shall have at
23    least 5 years  of  full  time  employment  in  the  field  of
24    environmental health practice before the date of appointment.
25    Each  appointee  filling  the seat of an environmental health
26    practitioner appointed to the Board must  be  licensed  under
27    this  Act,  however,  in  appointing the environmental health
28    practitioner members of the first  Board,  the  Director  may
29    appoint  any  environmental health practitioner who possesses
30    the qualifications set forth in Section 20 of this  Act.   Of
31    the  initial  appointments,  3 members shall be appointed for
32    3-year terms, 2 members for 2-year terms, and 2  members  for
 
SB1860 Enrolled            -49-               LRB9102178JMmbA
 1    one-year  terms.   Each  succeeding  member shall serve for a
 2    3-year term.  No member may serve  more  than  2  consecutive
 3    terms.
 4        The  membership  of  the  Board  shall reasonably reflect
 5    representation from  the  various  geographic  areas  of  the
 6    State.
 7        A vacancy in the membership of the Board shall not impair
 8    the  right of a quorum to exercise all the rights and perform
 9    all the duties of the Board.
10        The members of the  Board  are  entitled  to  receive  as
11    compensation  a  reasonable sum as determined by the Director
12    for each day actually engaged in the duties of the office and
13    all legitimate and necessary expenses incurred  in  attending
14    the meetings of the Board.
15        Members  of  the  Board  shall be immune from suit in any
16    action based  upon  any  disciplinary  proceedings  or  other
17    activities performed in good faith as members of the Board.
18        The  Director  may remove any member of the Board for any
19    cause that,  in  the  opinion  of  the  Director,  reasonably
20    justifies termination.
21    (Source: P.A. 89-61, eff. 6-30-95.)

22        Section  75.  The  Illinois  Horse  Racing Act of 1975 is
23    amended by changing Sections 4 and 5 as follows:

24        (230 ILCS 5/4) (from Ch. 8, par. 37-4)
25        Sec. 4.  The Board shall consist of 11 9  members  to  be
26    appointed  by the Governor with the advice and consent of the
27    Senate, not more than 6 5  of  whom  shall  be  of  the  same
28    political  party,  and one of whom shall be designated by the
29    Governor to be chairman. Each member shall have a  reasonable
30    knowledge  of  harness  or  thoroughbred racing practices and
31    procedure and of the principles of  harness  or  thoroughbred
32    racing  and  breeding  and,  at  the time of his appointment,
 
SB1860 Enrolled            -50-               LRB9102178JMmbA
 1    shall be a resident of the State of Illinois and  shall  have
 2    resided  therein  for  a  period  of  at  least  5 years next
 3    preceding his appointment and qualification and he shall be a
 4    qualified voter therein and not less than 25 years of age.
 5    (Source: P.A. 84-1240.)

 6        (230 ILCS 5/5) (from Ch. 8, par. 37-5)
 7        Sec. 5. As soon as practicable  following  the  effective
 8    date  of  this  amendatory  Act  of  1995, the Governor shall
 9    appoint, with the advice and consent of the  Senate,  members
10    to the Board as follows: 3 members for terms expiring July 1,
11    1996;  3  members  for  terms  expiring  July  1, 1998; and 3
12    members for terms expiring July 1, 2000.  Of the 2 additional
13    members appointed pursuant to this amendatory Act of the 91st
14    General Assembly, the initial term of one member shall expire
15    on July 1, 2002 and the initial  term  of  the  other  member
16    shall  expire  on  July  1,  2004.   Thereafter, the terms of
17    office of the Board members  shall  be  6  years.   Incumbent
18    members  on the effective date of this amendatory Act of 1995
19    shall continue to  serve  only  until  their  successors  are
20    appointed and have qualified.
21        Each  member  of the Board shall receive $300 per day for
22    each day the Board meets and for each day the member conducts
23    a hearing pursuant to Section 16 of this Act,  provided  that
24    no  Board  member shall receive more than $5,000 in such fees
25    during  any  calendar  year,  or  an  amount   set   by   the
26    Compensation  Review Board, whichever is greater.  Members of
27    the Board  shall  also  be  reimbursed  for  all  actual  and
28    necessary   expenses   and   disbursements  incurred  in  the
29    execution of their official duties.
30    (Source: P.A. 91-357, eff. 7-29-99.)

31        Section 80.  The Liquor Control Act of 1934 is amended by
32    changing Sections 3-1, 3-2, 3-9, and 7-8 as follows:
 
SB1860 Enrolled            -51-               LRB9102178JMmbA
 1        (235 ILCS 5/3-1) (from Ch. 43, par. 97)
 2        Sec. 3-1.  There is hereby  created  an  Illinois  Liquor
 3    Control  Commission consisting of 7 5 members to be appointed
 4    by the Governor with the advice and consent of the Senate, no
 5    more than 4 3 of whom shall be members of the same  political
 6    party.
 7    (Source: P.A. 83-779.)

 8        (235 ILCS 5/3-2) (from Ch. 43, par. 98)
 9        Sec.  3-2.   Immediately,  or  soon  as  may be after the
10    effective date of this Act,  the  Governor  shall  appoint  3
11    members of the commission, one of whom shall be designated as
12    "Chairman",  one  to hold office for a period of 2 years, one
13    to hold office for a period of 4 years and one to hold office
14    for a period of 6 years.  Immediately, or as soon as  may  be
15    after  the effective date of this amendatory Act of 1983, the
16    Governor shall appoint 2 members to  the  commission  to  the
17    offices  created  by  this amendatory Act of 1983, one for an
18    initial term expiring the third Monday in January of 1986 and
19    one for an initial term expiring the third Monday in  January
20    of  1988.  At  the  expiration  of  the    term  of  any such
21    commissioner the Governor shall reappoint  said  commissioner
22    or appoint a successor of said commissioner for a period of 6
23    years. The Governor shall have power to fill vacancies in the
24    office of any commissioner.
25        Notwithstanding  any  provision  of  this  Section to the
26    contrary, the term of office of each member of the commission
27    is abolished on the effective date of this amendatory Act  of
28    1985,  but  the  incumbent members shall continue to exercise
29    all of the powers and be subject to  all  of  the  duties  of
30    members  of  the commission until their respective successors
31    are appointed and qualified.  The Governor  shall  appoint  2
32    members  of the commission whose terms of office shall expire
33    on February 1, 1986, 2 members of the commission whose  terms
 
SB1860 Enrolled            -52-               LRB9102178JMmbA
 1    of office shall expire on February 1, 1988, and one member of
 2    the  commission  whose term shall expire on February 1, 1990.
 3    Their respective successors shall be appointed for terms of 6
 4    years  from  the  first  day  of  February  of  the  year  of
 5    appointment.  Each member shall serve until his successor  is
 6    appointed and qualified.
 7        The  initial  term  of  both  of the 2 additional members
 8    appointed pursuant to this amendatory Act of the 91st General
 9    Assembly shall expire on February 1, 2006.  Their  respective
10    successors  shall  be appointed for terms of 6 years from the
11    first day of February  of  the  year  of  appointment.   Each
12    member  shall  serve  until his or her successor is appointed
13    and qualified.
14    (Source: P.A. 84-115.)

15        (235 ILCS 5/3-9) (from Ch. 43, par. 105)
16        Sec. 3-9.  Compensation of commissioners, secretary,  and
17    employees.    The chairman of the Commission shall receive an
18    annual salary of $32,000 or such greater amount as may be set
19    by the Compensation Review Board.   The  other  commissioners
20    shall  receive  an  annual  salary of $28,000 or such greater
21    amount as may be set by the Compensation Review Board.    The
22    chairman,  commissioners,  and  secretary  of  the Commission
23    shall receive an annual salary as  set  by  the  Compensation
24    Review  Board.   All clerks, inspectors, and employees of the
25    Commission shall receive reasonable compensation in an amount
26    fixed by the Commission, subject to the approval  in  writing
27    of the Governor.
28    (Source: P.A. 89-250, eff. 1-1-96.)

29        (235 ILCS 5/7-8) (from Ch. 43, par. 152)
30        Sec.  7-8.   For  each city, village or incorporated town
31    having a population of 500,000 or more inhabitants, there  is
32    established  a  license  appeal  commission consisting of the
 
SB1860 Enrolled            -53-               LRB9102178JMmbA
 1    chairman of the Illinois Liquor Control Commission, the  most
 2    senior  member  of the Illinois Liquor Control Commission who
 3    is not of the same political party as the chairman,  and  one
 4    person  who  is a resident of the particular city, village or
 5    incorporated town selected by the council  or  president  and
 6    board  of trustees, as the case may be, who shall serve for a
 7    term of 4 years and until his successor is selected and takes
 8    office.  Neither  the  mayor,  president  of  the  board   of
 9    trustees,  nor any member of the council or board of trustees
10    shall  be  eligible  for  membership  on  a  license   appeal
11    commission.  Each  of  the  2  members of the Illinois Liquor
12    Control Commission shall receive a $200  $100  per  diem  for
13    their  work  on  the license appeal commission, and the other
14    member shall receive an annual salary which shall be paid  by
15    the  particular  city,  village  or  incorporated  town.  The
16    secretary  of the Illinois Liquor Control Commission shall be
17    ex-officio the secretary for each license appeal commission.
18    (Source: P.A. 84-1282.)

19        (410 ILCS 425/9 rep.)
20        Section 85.  The  High  Blood  Pressure  Control  Act  is
21    amended by repealing Section 9.

22        (410 ILCS 435/Act rep.)
23        Section  90.   The  Rheumatic  Diseases  Treatment Act is
24    repealed.

25        (415 ILCS 20/6.3 rep.)
26        Section 95.  The Illinois Solid Waste Management  Act  is
27    amended by repealing Section 6.3.

28        Section  100.   The  Alternate  Fuels  Act  is amended by
29    changing Section 20 as follows:
 
SB1860 Enrolled            -54-               LRB9102178JMmbA
 1        (415 ILCS 120/20)
 2        Sec. 20.  Rules. Alternate Fuels  Advisory   Board.   The
 3    Governor  shall  appoint  an  Alternate  Fuels Advisory Board
 4    representing all alternate  fuels  industries  designated  in
 5    this  Act and Illinois private fleet operators.  The Advisory
 6    Board shall  be  chaired  by  the  Director.   Other  members
 7    appointed  by the Governor shall consist of 2 representatives
 8    each  from  the  ethanol  and  natural  gas  industries,  one
 9    representative from  the  liquid  petroleum    industry,  one
10    representative from the electric industry, one representative
11    from  the  heavy  duty engine manufacturing industry, and one
12    representative from Illinois private  fleet  operators.   The
13    Advisory  Board  shall  prepare  and  recommend to the Agency
14    Rules implementing Section 30 of this Act shall include,  but
15    are,  including, but not limited to, calculation of fuel cost
16    differential rebates and designation of acceptable conversion
17    and OEM technologies.
18        Members of the Advisory Board  shall  not  be  reimbursed
19    their  costs and expenses of participation.  All decisions of
20    the Advisory Board shall be decided on a one vote per  member
21    basis  with  a  majority  of the Advisory Board membership to
22    rule.
23        In designating acceptable conversion or OEM technologies,
24    the Advisory Board and Agency shall  favor,  when  available,
25    technology  that  is in compliance with the federal Clean Air
26    Act Amendments of 1990 and  applicable  implementing  federal
27    regulations.     Conversion   and   OEM   technologies   that
28    demonstrate emission  reduction  capabilities  that  meet  or
29    exceed  emission standards applicable for the vehicle's model
30    year  and  weight  class  shall  be  acceptable.    Standards
31    requiring   proper   installation   of   approved  conversion
32    technologies shall be included in the recommended rules.
33        Notwithstanding the above, engines used in alternate fuel
34    vehicles greater  than  8500  pounds  GVWR,  whether  new  or
 
SB1860 Enrolled            -55-               LRB9102178JMmbA
 1    remanufactured,  shall  meet  the  appropriate  United States
 2    Environmental Protection Agency emissions  standards  at  the
 3    time  of  manufacture,  and  if  converted,  shall  meet  the
 4    standards in effect at the time of conversion.
 5    (Source: P.A. 89-410; 90-726, eff. 8-7-98.)

 6        Section  105.   The  Attorney  Act is amended by changing
 7    Section 1 as follows:

 8        (705 ILCS 205/1) (from Ch. 13, par. 1)
 9        Sec. 1.  No person shall be permitted to practice  as  an
10    attorney or counselor at law within this State without having
11    previously  obtained  a  license  for  that  purpose from the
12    Supreme Court of this State.
13        No person shall  receive  any  compensation  directly  or
14    indirectly  for  any  legal  services  other than a regularly
15    licensed attorney.
16        A license, as provided for herein, constitutes the person
17    receiving  the  same  an  attorney  and  counselor  at   law,
18    according  to the law and customs thereof, for and during his
19    good behavior in the practice and authorizes  him  to  demand
20    and  receive  fees for any services which he may render as an
21    attorney and counselor at law in this State.  No person shall
22    be granted a license or renewal authorized by  this  Act  who
23    has  defaulted  on  an  educational  loan  guaranteed  by the
24    Illinois Student Assistance Commission; however, a license or
25    renewal may be issued to the aforementioned persons who  have
26    established  a satisfactory repayment record as determined by
27    the Illinois Student Assistance Commission.  No person  shall
28    be granted a license or renewal authorized by this Act who is
29    more  than  30  days  delinquent  in  complying  with a child
30    support order; a license or renewal may be  issued,  however,
31    if the person has established a satisfactory repayment record
32    as  determined  (i)  by the Illinois Department of Public Aid
 
SB1860 Enrolled            -56-               LRB9102178JMmbA
 1    for cases being enforced under  Article  X  of  the  Illinois
 2    Public  Aid Code or (ii) in all other cases by order of court
 3    or by written agreement  between  the  custodial  parent  and
 4    non-custodial  parent.  No  person shall be refused a license
 5    under this Act on account of sex.
 6        Any person practicing, charging  or  receiving  fees  for
 7    legal   services   within  this  State,  either  directly  or
 8    indirectly, without being  licensed  to  practice  as  herein
 9    required,  is  guilty  of  contempt  of  court  and  shall be
10    punished accordingly,  upon  complaint  being  filed  in  any
11    Circuit  Court  of  this  State.   Such  proceedings shall be
12    conducted in the Courts of the respective counties where  the
13    alleged  contempt has been committed in the same manner as in
14    cases of indirect contempt and with the right  of  review  by
15    the parties thereto.
16        The  provisions of this Act shall be in addition to other
17    remedies permitted by law  and  shall  not  be  construed  to
18    deprive  courts  of  this  State  of  their inherent right to
19    punish for contempt or to restrain the unauthorized  practice
20    of law.
21        Nothing  in  this  Act  shall  be  construed  to prohibit
22    representation of a party by a person who is not an  attorney
23    in  a  proceeding  before  either panel of the Illinois State
24    Labor Relations Board or the Illinois Local  Labor  Relations
25    Board  under  the Illinois Public Labor Relations Act, as now
26    or  hereafter  amended,  the   Illinois   Educational   Labor
27    Relations   Board   under   the  Illinois  Educational  Labor
28    Relations Act, as now or hereafter amended, the  State  Civil
29    Service  Commission,  the local Civil Service Commissions, or
30    the University Civil  Service  Merit  Board,  to  the  extent
31    allowed  pursuant  to  rules  and  regulations promulgated by
32    those Boards and Commissions.
33    (Source: P.A. 89-6, eff. 3-6-95.)
 
SB1860 Enrolled            -57-               LRB9102178JMmbA
 1        Section 110.  The Unified Code of Corrections is  amended
 2    by changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows:

 3        (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
 4        Sec.  3-3-1.   Establishment  and Appointment of Prisoner
 5    Review Board.
 6        (a)  There shall be a Prisoner Review  Board  independent
 7    of the Department of Corrections which shall be:
 8        (1)  the  paroling  authority for persons sentenced under
 9    the law in effect   prior  to  the  effective  date  of  this
10    amendatory Act of 1977;
11        (2)  the   board   of  review  for  cases  involving  the
12    revocation  of  good  conduct  credits  or  a  suspension  or
13    reduction in the rate of accumulating such credit;
14        (3)  the board  of  review  and  recommendation  for  the
15    exercise of executive clemency by the Governor;
16        (4)  the  authority  for  establishing  release dates for
17    certain prisoners sentenced under the law in existence  prior
18    to  the  effective  date  of  this amendatory Act of 1977, in
19    accordance with Section 3-3-2.1 of this Code;
20        (5)  the authority for setting conditions for parole  and
21    mandatory  supervised  release under Section 5-8-1(a) of this
22    Code, and determining whether a violation of those conditions
23    warrant revocation of parole or mandatory supervised  release
24    or the imposition of other sanctions.
25        (b)  The  Board  shall consist of 15 12 persons appointed
26    by the Governor by and with the advice  and  consent  of  the
27    Senate.    One member of the Board shall be designated by the
28    Governor to be Chairman and shall serve as  Chairman  at  the
29    pleasure of the Governor. The members of the Board shall have
30    had  at  least  5 years of actual experience in the fields of
31    penology, corrections work, law enforcement, sociology,  law,
32    education,   social   work,   medicine,   psychology,   other
33    behavioral  sciences,  or a combination thereof. At least 7 6
 
SB1860 Enrolled            -58-               LRB9102178JMmbA
 1    members  so  appointed  must  have  had  at  least  3   years
 2    experience in the field of juvenile matters. No more than 8 6
 3    Board  members  may  be  members of the same political party.
 4    Each member of the Board shall serve on a full time basis and
 5    shall not hold any  other  salaried  public  office,  whether
 6    elective  or  appointive.  The  Chairman  of  the Board shall
 7    receive $35,000 a year, or an amount set by the  Compensation
 8    Review  Board,  whichever  is  greater, and each other member
 9    $30,000, or an amount set by the Compensation  Review  Board,
10    whichever is greater.
11        (c)  The  terms  of  the  present members of the Prisoner
12    Review Board shall expire  on  the  effective  date  of  this
13    amendatory  Act  of  1985,  but  the  incumbent members shall
14    continue to exercise all of the powers and be subject to  all
15    the  duties  of  members  of the Board until their respective
16    successors are appointed and qualified.  The  Governor  shall
17    appoint  3  members  to the Prisoner Review Board whose terms
18    shall expire on the third Monday in January 1987,  4  members
19    whose terms shall expire on the third Monday in January 1989,
20    and 3 members whose terms shall expire on the third Monday in
21    January 1991.  The term of one of the members created by this
22    amendatory  Act  of  1986 shall expire on the third Monday in
23    January 1989 and the term of the other shall  expire  on  the
24    third  Monday  in  January  1991.  The initial terms of the 3
25    additional members appointed pursuant to this amendatory  Act
26    of the 91st General Assembly shall expire on the third Monday
27    in   January  2006.  Their  respective  successors  shall  be
28    appointed for terms of 6  years  from  the  third  Monday  in
29    January  of  the year of appointment. Each member shall serve
30    until his successor is appointed and  qualified.  Any  member
31    may  be  removed by the Governor for incompetence, neglect of
32    duty, malfeasance or inability to serve.
33        (d)  The  Chairman  of  the  Board  shall  be  its  chief
34    executive and administrative officer.
 
SB1860 Enrolled            -59-               LRB9102178JMmbA
 1    (Source: P.A. 85-1433.)

 2        (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
 3        Sec. 3-3-2.  Powers and Duties.
 4        (a)  The Parole and Pardon Board  is  abolished  and  the
 5    term  "Parole  and  Pardon  Board"  as  used  in  any  law of
 6    Illinois, shall  read  "Prisoner  Review  Board."  After  the
 7    effective  date  of this amendatory Act of 1977, the Prisoner
 8    Review Board shall provide by rule for the orderly transition
 9    of all files, records, and documents of the Parole and Pardon
10    Board and for such other steps as may be necessary to  effect
11    an orderly transition and shall:
12             (1)  hear by at least one member and through a panel
13        of  at  least  5 3 members decide, cases of prisoners who
14        were sentenced under the  law  in  effect  prior  to  the
15        effective  date  of  this amendatory Act of 1977, and who
16        are eligible for parole;
17             (2)  hear by at least one member and through a panel
18        of at least 5 3 members decide, the conditions of  parole
19        and  the  time of discharge from parole, impose sanctions
20        for violations of parole, and  revoke  parole  for  those
21        sentenced   under   the  law  in  effect  prior  to  this
22        amendatory Act of 1977; provided  that  the  decision  to
23        parole and the conditions of parole for all prisoners who
24        were  sentenced for first degree murder or who received a
25        minimum sentence of 20 years or more  under  the  law  in
26        effect prior to February 1, 1978 shall be determined by a
27        majority vote of the Prisoner Review Board;
28             (3)  hear by at least one member and through a panel
29        of  at  least  5  3  members  decide,  the  conditions of
30        mandatory supervised release and the  time  of  discharge
31        from  mandatory  supervised release, impose sanctions for
32        violations of mandatory supervised  release,  and  revoke
33        mandatory  supervised  release  for those sentenced under
 
SB1860 Enrolled            -60-               LRB9102178JMmbA
 1        the law in  effect  after  the  effective  date  of  this
 2        amendatory Act of 1977;
 3             (4)  hear  by  at least 1 member and through a panel
 4        of at least 5 3 members,  decide  cases  brought  by  the
 5        Department  of  Corrections  against  a  prisoner  in the
 6        custody  of  the  Department  for  alleged  violation  of
 7        Department rules with respect  to  good  conduct  credits
 8        pursuant  to  Section  3-6-3  of  this  Code in which the
 9        Department seeks to revoke good conduct credits,  if  the
10        amount  of  time at issue exceeds 30 days or when, during
11        any 12 month period,  the  cumulative  amount  of  credit
12        revoked  exceeds  30  days except where the infraction is
13        committed or  discovered  within  60  days  of  scheduled
14        release. In such cases, the Department of Corrections may
15        revoke  up  to  30 days of good conduct credit. The Board
16        may subsequently approve  the  revocation  of  additional
17        good  conduct  credit,  if the Department seeks to revoke
18        good conduct credit in excess of  thirty  days.  However,
19        the   Board   shall   not  be  empowered  to  review  the
20        Department's decision with respect to the loss of 30 days
21        of good conduct credit for any prisoner  or  to  increase
22        any   penalty   beyond   the   length  requested  by  the
23        Department;
24             (5)  hear by at least one member and through a panel
25        of at least 5 3 members decide,  the  release  dates  for
26        certain  prisoners  sentenced  under the law in existence
27        prior to the effective date of  this  amendatory  Act  of
28        1977, in accordance with Section 3-3-2.1 of this Code;
29             (6)  hear by at least one member and through a panel
30        of  at least 5 3 members decide, all requests for pardon,
31        reprieve   or   commutation,   and   make    confidential
32        recommendations to the Governor;
33             (7)  comply with the requirements of the Open Parole
34        Hearings Act; and
 
SB1860 Enrolled            -61-               LRB9102178JMmbA
 1             (8)  hear  by  at  least  one  member and, through a
 2        panel of at least 5 3 members, decide  cases  brought  by
 3        the  Department  of Corrections against a prisoner in the
 4        custody of  the  Department  for  court  dismissal  of  a
 5        frivolous  lawsuit  pursuant  to Section 3-6-3(d) of this
 6        Code in which the Department seeks to revoke  up  to  180
 7        days  of good conduct credit, and if the prisoner has not
 8        accumulated 180 days of good conduct credit at  the  time
 9        of   the   dismissal,   then   all  good  conduct  credit
10        accumulated by the prisoner shall be revoked.
11        (a-5)  The Prisoner Review Board, with the cooperation of
12    and in coordination with the Department  of  Corrections  and
13    the   Department   of   Central  Management  Services,  shall
14    implement a pilot  project  in  3  correctional  institutions
15    providing  for  the  conduct of hearings under paragraphs (1)
16    and (4) of subsection (a) of this Section through interactive
17    video conferences.  The project shall be implemented within 6
18    months after the effective date of  this  amendatory  Act  of
19    1996.   Within 6 months after the implementation of the pilot
20    project, the Prisoner Review Board, with the  cooperation  of
21    and  in  coordination  with the Department of Corrections and
22    the Department of Central Management Services,  shall  report
23    to  the  Governor and the General Assembly regarding the use,
24    costs, effectiveness, and  future  viability  of  interactive
25    video conferences for Prisoner Review Board hearings.
26        (b)  Upon  recommendation of the Department the Board may
27    restore good conduct credit previously revoked.
28        (c)  The Board shall cooperate  with  the  Department  in
29    promoting   an  effective  system  of  parole  and  mandatory
30    supervised release.
31        (d)  The Board shall promulgate rules for the conduct  of
32    its  work,  and  the Chairman shall file a copy of such rules
33    and any amendments thereto with the  Director  and  with  the
34    Secretary of State.
 
SB1860 Enrolled            -62-               LRB9102178JMmbA
 1        (e)  The  Board shall keep records of all of its official
 2    actions and shall make them accessible in accordance with law
 3    and the rules of the Board.
 4        (f)  The Board or one  who  has  allegedly  violated  the
 5    conditions  of his parole or mandatory supervised release may
 6    require by subpoena the attendance and testimony of witnesses
 7    and the production of documentary evidence  relating  to  any
 8    matter  under  investigation  or hearing. The Chairman of the
 9    Board may sign subpoenas which shall be served by  any  agent
10    or  public  official authorized by the Chairman of the Board,
11    or by any person lawfully  authorized  to  serve  a  subpoena
12    under  the  laws  of the State of Illinois. The attendance of
13    witnesses, and the production of documentary evidence, may be
14    required from any place in the State to a hearing location in
15    the State before the Chairman of the Board or his  designated
16    agent   or  agents  or  any  duly  constituted  Committee  or
17    Subcommittee of the Board.  Witnesses so  summoned  shall  be
18    paid the same fees and mileage that are paid witnesses in the
19    circuit  courts of the State, and witnesses whose depositions
20    are taken and the persons taking those depositions  are  each
21    entitled  to  the  same fees as are paid for like services in
22    actions in the circuit courts of the State. Fees and  mileage
23    shall be vouchered for payment when the witness is discharged
24    from further attendance.
25        In  case  of  disobedience  to  a subpoena, the Board may
26    petition  any  circuit  court  of  the  State  for  an  order
27    requiring the attendance and testimony of  witnesses  or  the
28    production  of  documentary  evidence or both. A copy of such
29    petition shall be served by personal service or by registered
30    or certified mail upon the person who has failed to obey  the
31    subpoena,  and such person shall be advised in writing that a
32    hearing upon the petition will be requested in a  court  room
33    to  be  designated  in  such  notice before the judge hearing
34    motions or extraordinary remedies at a specified time,  on  a
 
SB1860 Enrolled            -63-               LRB9102178JMmbA
 1    specified  date, not less than 10 nor more than 15 days after
 2    the deposit of the copy of the written notice and petition in
 3    the U.S. mails addressed to the  person  at  his  last  known
 4    address  or  after  the  personal  service of the copy of the
 5    notice and petition upon such  person.  The  court  upon  the
 6    filing  of  such a petition, may order the person refusing to
 7    obey the subpoena to appear at an investigation  or  hearing,
 8    or  to  there produce documentary evidence, if so ordered, or
 9    to give evidence relative  to  the  subject  matter  of  that
10    investigation  or  hearing. Any failure to obey such order of
11    the circuit court may be punished by that court as a contempt
12    of court.
13        Each  member  of  the  Board  and  any  hearing   officer
14    designated  by  the  Board shall have the power to administer
15    oaths and to take the testimony of persons under oath.
16        (g)  Except under  subsection  (a)  of  this  Section,  a
17    majority of the members then appointed to the Prisoner Review
18    Board  shall  constitute  a quorum for the transaction of all
19    business of the Board.
20        (h)  The Prisoner Review Board shall annually transmit to
21    the Director a detailed report of its work for the  preceding
22    calendar year. The annual report shall also be transmitted to
23    the Governor for submission to the Legislature.
24    (Source:  P.A.  89-490,  eff.  1-1-97;  89-656,  eff. 1-1-97;
25    90-14, eff. 7-1-97.)

26        (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
27        Sec. 3-3-5.  Hearing and Determination.
28        (a)  The Prisoner Review  Board shall meet  as  often  as
29    need  requires  to consider the cases of persons eligible for
30    parole. Except as otherwise  provided  in  paragraph  (2)  of
31    subsection  (a)  of  Section  3-3-2 of this Act, the Prisoner
32    Review Board may meet and order its actions in panels of 5  3
33    or  more members. The action of a majority of the panel shall
 
SB1860 Enrolled            -64-               LRB9102178JMmbA
 1    be the action of  the  Board.  In  consideration  of  persons
 2    committed  to  the Juvenile Division, the panel shall have at
 3    least a majority of members experienced in juvenile matters.
 4        (b)  If the person under consideration for parole  is  in
 5    the  custody  of  the  Department, at least one member of the
 6    Board shall interview him, and a  report  of  that  interview
 7    shall  be  available for the Board's consideration.  However,
 8    in the discretion of the Board, the  interview  need  not  be
 9    conducted  if  a  psychiatric examination determines that the
10    person could  not  meaningfully  contribute  to  the  Board's
11    consideration.  The  Board  may  in  its  discretion parole a
12    person who is then outside the  jurisdiction  on  his  record
13    without  an  interview.  The Board need not hold a hearing or
14    interview a person who is paroled under paragraphs (d) or (e)
15    of this  Section  or  released  on  Mandatory  release  under
16    Section 3-3-10.
17        (c)  The  Board  shall  not  parole a person eligible for
18    parole if it determines that:
19             (1)  there is a substantial risk that  he  will  not
20        conform to reasonable conditions of parole; or
21             (2)  his  release  at  that time would deprecate the
22        seriousness of his offense or promote disrespect for  the
23        law; or
24             (3)  his  release would have a substantially adverse
25        effect on institutional discipline.
26        (d)  A person committed under the Juvenile Court  Act  or
27    the  Juvenile  Court  Act  of  1987  who  has not been sooner
28    released shall be paroled on or before his 20th  birthday  to
29    begin serving a period of parole under Section 3-3-8.
30        (e)  A   person  who  has  served  the  maximum  term  of
31    imprisonment imposed at the  time  of  sentencing  less  time
32    credit for good behavior shall be released on parole to serve
33    a period of parole under Section 5-8-1.
34        (f)  The   Board  shall  render  its  decision  within  a
 
SB1860 Enrolled            -65-               LRB9102178JMmbA
 1    reasonable time after  hearing  and  shall  state  the  basis
 2    therefor  both  in  the  records  of the Board and in written
 3    notice to the person on whose application it  has  acted.  In
 4    its  decision,  the  Board  shall  set  the person's time for
 5    parole, or if  it  denies  parole  it  shall  provide  for  a
 6    rehearing  not  less  frequently than once every year, except
 7    that  the  Board  may,  after  denying  parole,  schedule   a
 8    rehearing  no  later than 3 years from the date of the parole
 9    denial, if the Board finds  that  it  is  not  reasonable  to
10    expect that parole would be granted at a hearing prior to the
11    scheduled rehearing date. If the Board shall parole a person,
12    and,  if he is not released within 90 days from the effective
13    date of the  order  granting  parole,  the  matter  shall  be
14    returned to the Board for review.
15        (g)  The  Board shall maintain a registry of decisions in
16    which parole has been granted, which shall include  the  name
17    and case number of the prisoner, the highest charge for which
18    the  prisoner  was sentenced, the length of sentence imposed,
19    the date of the sentence, the date of the parole,  the  basis
20    for the decision of the Board to grant parole and the vote of
21    the  Board on any such decisions.  The registry shall be made
22    available for public inspection and copying  during  business
23    hours and shall be a public record pursuant to the provisions
24    of the Freedom of Information Act.
25        (h)  The  Board  shall  promulgate  rules  regarding  the
26    exercise of its discretion under this Section.
27    (Source: P.A. 89-428, eff. 12-13-95; 89-689, eff. 12-31-96.)

28        Section  115.  The Motor Vehicle Franchise Act is amended
29    by changing Section 16 as follows:

30        (815 ILCS 710/16)
31        Sec. 16.  Motor Vehicle Review Board;  Appointment.   The
32    Secretary  of  State  shall, within 6 months of the effective
 
SB1860 Enrolled            -66-               LRB9102178JMmbA
 1    date of this Act, establish a  Motor  Vehicle  Review  Board.
 2    The  Motor  Vehicle  Review  Board  shall  be composed of 7 5
 3    members appointed by the Secretary  of  State.   The  members
 4    shall  represent  the  public interest at large and shall not
 5    have engaged in the sale,  manufacture,  or  distribution  of
 6    motor  vehicles  at  retail in this State. Each member of the
 7    Board  shall  receive  compensation  as   provided   in   the
 8    regulations  for performance of the duties of the office, and
 9    in addition, shall be paid all  travel  and  other  necessary
10    expenses incurred while performing official duties.  Terms of
11    office  of  the members shall be for 3 years, except that, of
12    the  members  first  appointed  to  take  office  after   the
13    effective  date  of  this  amendatory Act of 1995, 2 shall be
14    appointed for a 3-year term, and one shall be appointed for a
15    2-year term.  Of  the  members  first  appointed  under  this
16    amendatory  Act  of  1996, one shall be appointed to a 3-year
17    term, and one shall be appointed to a  2-year  term.  Of  the
18    members  first  appointed  to take office after the effective
19    date of this amendatory Act of the 91st General Assembly, one
20    shall be  appointed  to  a  3-year  term  and  one  shall  be
21    appointed to a 2-year term.  Thereafter, each member shall be
22    appointed for a 3-year term.  As terms of appointment expire,
23    members  shall  serve  until  their respective successors are
24    appointed and qualified.  No more than 4 members of the Board
25    may be of the same political party.  No  member  shall  serve
26    for  more  than  2 consecutive terms.  A member who tenders a
27    written resignation shall serve only until the resignation is
28    accepted by the Chairperson.  A member who fails to attend  3
29    consecutive  Board  meetings without an excused absence shall
30    no longer serve as a member.  The Secretary  of  State  shall
31    fill  any  vacancy  by  the  appointment  of a member for the
32    unexpired term of the member in the same  manner  as  in  the
33    making  of  original appointments.  Annually, the Board shall
34    organize by selecting a Chairperson  from  one  of  the  7  5
 
SB1860 Enrolled            -67-               LRB9102178JMmbA
 1    members from the public at large.
 2    (Source: P.A. 89-145, eff. 7-14-95; 89-687, eff. 6-1-97.)

 3        (820 ILCS 220/2a rep.)
 4        Section  120.  The Safety Inspection and Education Act is
 5    amended by repealing Section 2a.

 6        Section 125.  The Departments of State Government Law  of
 7    the  Civil  Administrative  Code  of  Illinois  is amended by
 8    changing Sections 5-525 and 5-565 as follows:

 9        (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
10        Sec. 5-525.  In the Department of Agriculture.
11        (a)  (Blank). A Board of Agricultural  Advisors  composed
12    of  17  persons engaged in agricultural industries, including
13    representatives of the agricultural press and  of  the  State
14    Agricultural Experiment Station.
15        (b)  An  Advisory  Board  of  Livestock  Commissioners to
16    consist of 25 persons.    The  Board  shall  consist  of  the
17    administrator  of  animal  disease  programs, the Dean of the
18    College of Agriculture of the  University  of  Illinois,  the
19    Dean  of the College of Veterinary Medicine of the University
20    of Illinois, and commencing on January 1, 1990 the  Deans  or
21    Chairmen  of  the  Colleges  or Departments of Agriculture of
22    Illinois State University, Southern Illinois University,  and
23    Western  Illinois  University  in  that  order who shall each
24    serve for 1 year terms, provided that commencing  on  January
25    1,  1993  such  terms shall be for 2 years in the same order,
26    the Director  of  Public  Health,  the  Director  of  Natural
27    Resources,  the chairman of the Agriculture, Conservation and
28    Energy  Committee  of  the  Senate,  and  the chairman of the
29    Committee on Agriculture of the House of Representatives, who
30    shall ex-officio be members of the Board, and  17  additional
31    persons interested in the prevention, elimination and control
 
SB1860 Enrolled            -68-               LRB9102178JMmbA
 1    of  diseases  of  domestic  animals  and poultry who shall be
 2    appointed  by  the  Governor  to  serve  at  the   Governor's
 3    pleasure.    An appointed member's office becomes vacant upon
 4    the member's absence from 3 consecutive meetings.  Of the  17
 5    additional persons, one shall be a representative of breeders
 6    of  beef cattle, one shall be a representative of breeders of
 7    dairy cattle, one shall be a representative  of  breeders  of
 8    dual  purpose  cattle,  one  shall  be  a  representative  of
 9    breeders  of  swine, one shall be a representative of poultry
10    breeders, one shall be a representative  of  sheep  breeders,
11    one shall be a veterinarian licensed in this State, one shall
12    be  a  representative  of general or diversified farming, one
13    shall be a representative of deer or elk breeders, one  shall
14    be  a  representative of livestock auction markets, one shall
15    be a  representative  of  cattle  feeders,  one  shall  be  a
16    representative   of   pork   producers,   one   shall   be  a
17    representative of the State licensed meat packers, one  shall
18    be  a  representative  of  canine  breeders,  one  shall be a
19    representative  of  equine   breeders,   one   shall   be   a
20    representative  of  the  Illinois licensed renderers, and one
21    shall be a representative of livestock dealers.  The  members
22    shall  receive  no  compensation  but shall be reimbursed for
23    expenses necessarily incurred in  the  performance  of  their
24    duties.    In  the  appointment  of  the  Advisory  Board  of
25    Livestock Commissioners,  the  Governor  shall  consult  with
26    representative  persons  and  recognized organizations in the
27    respective fields concerning the appointments.
28        Rules and regulations of the  Department  of  Agriculture
29    pertaining  to  the  prevention,  elimination, and control of
30    diseases of domestic animals and poultry shall  be  submitted
31    to the Advisory Board of Livestock Commissioners for approval
32    at  its duly called meeting.  The chairman of the Board shall
33    certify the official minutes of the Board's action and  shall
34    file the certified minutes with the Department of Agriculture
 
SB1860 Enrolled            -69-               LRB9102178JMmbA
 1    within  30  days after the proposed rules and regulations are
 2    submitted and before they are promulgated and made effective.
 3    If the Board  fails  to  take  action  within  30  days  this
 4    limitation  shall not apply and the rules and regulations may
 5    be promulgated and made effective. In the event it is  deemed
 6    desirable,  the  Board  may  hold hearings upon the rules and
 7    regulations or proposed revisions. The Board members shall be
 8    familiar  with  the  Acts   relating   to   the   prevention,
 9    elimination,  and  control of diseases among domestic animals
10    and poultry. The Department shall,  upon  the  request  of  a
11    Board  member, advise the Board concerning the administration
12    of the respective Acts.
13        The Director of Agriculture or  his  representative  from
14    the  Department  shall  act  as  chairman  of  the Board. The
15    Director shall call meetings of the Board from time  to  time
16    or  when  requested  by  3  or  more appointed members of the
17    Board. A quorum of  appointed  members  must  be  present  to
18    convene  an  official  meeting.  The  chairman and ex-officio
19    members shall not be included in a  quorum  call.  Ex-officio
20    members   may   be   represented   by   a   duly   authorized
21    representative  from  their department, division, college, or
22    committee.  Appointed members shall not be represented  at  a
23    meeting  by another person.  Ex-officio members and appointed
24    members shall have the right to vote on  all  proposed  rules
25    and  regulations;  voting  that  in  effect  would pertain to
26    approving rules and regulations shall be  taken  by  an  oral
27    roll  call.   No  member  shall  vote by proxy.  The chairman
28    shall not vote except  in  the  case  of  a  tie  vote.   Any
29    ex-officio  or appointed member may ask for and shall receive
30    an oral roll  call  on  any  motion  before  the  Board.  The
31    Department  shall  provide  a  clerk  to  take minutes of the
32    meetings and record transactions of the Board.  The Board, by
33    oral roll call, may require an  official  court  reporter  to
34    record the minutes of the meetings.
 
SB1860 Enrolled            -70-               LRB9102178JMmbA
 1    (Source:  P.A.  91-239,  eff.  1-1-00;  91-457,  eff. 1-1-00;
 2    revised 8-25-99.)

 3        (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
 4        Sec. 5-565.  In the Department of Public Health.
 5        (a)  The General Assembly declares it to  be  the  public
 6    policy  of  this  State  that  all  citizens  of Illinois are
 7    entitled to lead healthy lives.  Governmental  public  health
 8    has  a  specific responsibility to ensure that a system is in
 9    place to allow the public health mission to be achieved.   To
10    develop  a  system  requires  certain  core  functions  to be
11    performed by government.  The State Board  of  Health  is  to
12    assume  the  leadership  role  in  advising  the  Director in
13    meeting the following functions:
14             (1)  Needs assessment.
15             (2)  Statewide health objectives.
16             (3)  Policy development.
17             (4)  Assurance of access to necessary services.
18        There shall be a State Board of  Health  composed  of  17
19    persons, all of whom shall be appointed by the Governor, with
20    the  advice  and consent of the Senate for those appointed by
21    the Governor on and after June 30,  1998,  and  one  of  whom
22    shall  be a senior citizen age 60 or over. Five members shall
23    be physicians  licensed  to  practice  medicine  in  all  its
24    branches,  one representing a medical school faculty, one who
25    is board certified in preventive  medicine,  and  2  who  are
26    engaged  in private practice.  One member shall be a dentist;
27    one an environmental health practitioner; one a local  public
28    health administrator; one a local board of health member; one
29    a  registered  nurse; one a veterinarian; one a public health
30    academician; one a health care industry representative; and 4
31    shall be citizens at large.
32        In the appointment of the first Board of  Health  members
33    appointed  after  September  19,  1991 (the effective date of
 
SB1860 Enrolled            -71-               LRB9102178JMmbA
 1    Public Act 87-633), the Governor shall appoint 5  members  to
 2    serve for terms of 5 years; 5 members to serve for terms of 2
 3    years; and 5 members to serve for a term of one year. Members
 4    appointed thereafter shall be appointed for terms of 3 years,
 5    except  that  when  an appointment is made to fill a vacancy,
 6    the appointment shall  be  for  the  remaining  term  of  the
 7    position  vacated.    The  initial terms for the 2 additional
 8    members of the board who  are  citizens  at  large  appointed
 9    under Public Act 90-607 shall be for 3 years each, with these
10    positions  thereafter  being  filled  as  with  other members
11    appointed  by  the  Governor.  All  members  shall  be  legal
12    residents of the State of Illinois.  The duties of the  Board
13    shall include, but not be limited to, the following:
14             (1)  To  advise  the Department of ways to encourage
15        public understanding  and  support  of  the  Department's
16        programs.
17             (2)  To  evaluate  all boards, councils, committees,
18        authorities, and bodies advisory to, or  an  adjunct  of,
19        the  Department  of Public Health or its Director for the
20        purpose of recommending to the Director one  or  more  of
21        the following:
22                  (i)  The elimination of bodies whose activities
23             are  not consistent with goals and objectives of the
24             Department.
25                  (ii)  The   consolidation   of   bodies   whose
26             activities   encompass    compatible    programmatic
27             subjects.
28                  (iii)  The  restructuring  of  the relationship
29             between the various  bodies  and  their  integration
30             within   the   organizational   structure   of   the
31             Department.
32                  (iv)  The  establishment  of  new bodies deemed
33             essential to the functioning of the Department.
34             (3)  To serve as an advisory group to  the  Director
 
SB1860 Enrolled            -72-               LRB9102178JMmbA
 1        for  public  health  emergencies  and  control  of health
 2        hazards.
 3             (4)  To advise the Director regarding public  health
 4        policy,   and   to  make  health  policy  recommendations
 5        regarding  priorities  to  the   Governor   through   the
 6        Director.
 7             (5)  To present public health issues to the Director
 8        and  to  make recommendations for the resolution of those
 9        issues.
10             (6)  To recommend studies to delineate public health
11        problems.
12             (7)  To make recommendations to the Governor through
13        the Director regarding the coordination of  State  public
14        health  activities  with  other  State  and  local public
15        health agencies and organizations.
16             (8)  To report on or before February 1 of each  year
17        on  the  health  of  the  residents  of  Illinois  to the
18        Governor, the General Assembly, and the public.
19             (9)  To review  the  final  draft  of  all  proposed
20        administrative  rules, other than emergency or preemptory
21        rules and those rules that  another  advisory  body  must
22        approve  or  review  within  a  statutorily  defined time
23        period, of the Department after September 19,  1991  (the
24        effective  date  of  Public Act 87-633).  The Board shall
25        review the proposed rules within 90 days of submission by
26        the  Department.   The   Department   shall   take   into
27        consideration  any  comments  and  recommendations of the
28        Board regarding the proposed rules prior to submission to
29        the Secretary of State for initial publication.   If  the
30        Department  disagrees  with  the  recommendations  of the
31        Board, it shall submit a written response  outlining  the
32        reasons for not accepting the recommendations.
33             In  the  case  of  proposed  administrative rules or
34        amendments to administrative rules regarding immunization
 
SB1860 Enrolled            -73-               LRB9102178JMmbA
 1        of children  against  preventable  communicable  diseases
 2        designated by the Director under the Communicable Disease
 3        Prevention Act, after the Immunization Advisory Committee
 4        has  made  its recommendations, the Board shall conduct 3
 5        public hearings,  geographically  distributed  throughout
 6        the  State.  At the conclusion of the hearings, the State
 7        Board of Health  shall  issue  a  report,  including  its
 8        recommendations,  to  the  Director.   The Director shall
 9        take into consideration any comments  or  recommendations
10        made by the Board based on these hearings.
11             (10)  To   make   recommendations  to  the  Governor
12        through  the  Director  concerning  the  development  and
13        periodic  updating   of   Statewide   health   objectives
14        encompassing, in part, the periodically published federal
15        health  objectives for the nation, which will provide the
16        basis for the policy development and assurance  roles  of
17        the  State Health Department, and to make recommendations
18        to  the   Governor   through   the   Director   regarding
19        legislation   and  funding  necessary  to  implement  the
20        objectives.
21             (11)  Upon the request of the Governor, to recommend
22        to the Governor candidates for Director of Public  Health
23        when vacancies occur in the position.
24             (12)  To  adopt  bylaws  for  the conduct of its own
25        business, including the authority  to  establish  ad  hoc
26        committees  to  address  specific  public health programs
27        requiring resolution.
28        Upon appointment, the Board  shall  elect  a  chairperson
29    from among its members.
30        Members of the Board shall receive compensation for their
31    services  at  the rate of $150 per day, not to exceed $10,000
32    per year, as designated by the Director for each day required
33    for transacting the  business  of  the  Board  and  shall  be
34    reimbursed for necessary expenses incurred in the performance
 
SB1860 Enrolled            -74-               LRB9102178JMmbA
 1    of  their  duties.  The Board shall meet from time to time at
 2    the call of the Department, at the call of  the  chairperson,
 3    or  upon  the request of 3 of its members, but shall not meet
 4    less than 4 times per year.
 5        (b)  (Blank). An Advisory Board of Cancer  Control  which
 6    shall  consist  of  9  members, one of whom shall be a senior
 7    citizen age 60 or over, appointed by  the  Governor,  one  of
 8    whom  shall  be  designated  as chairman by a majority of the
 9    members of the  Board.  No  less  than  4  members  shall  be
10    recognized  authorities  in  cancer  control,  and at least 4
11    members shall be physicians licensed to practice medicine  in
12    all  of  its  branches  in  the  State  of  Illinois.  In the
13    appointment of the first board the Governor shall  appoint  2
14    members to serve for terms of 1 year, 2 for terms of 2 years,
15    and 3 for terms of 3 years. The members first appointed under
16    Public  Act  83-1538  shall serve for a term of 3 years.  All
17    members appointed thereafter shall be appointed for terms  of
18    3  years,  except  that when an appointment is made to fill a
19    vacancy, the appointment shall be for the remaining  term  of
20    the  position  vacant.  The  members  of  the  Board shall be
21    citizens of the State of Illinois. In the appointment of  the
22    Advisory  Board  the  Governor  shall invite nominations from
23    recognized medical organizations of this State. The Board  is
24    authorized to receive voluntary contributions from any source
25    and  to  expend  the  contributions for the purpose of cancer
26    control as authorized by this  Act,  and  the  laws  of  this
27    State.
28        (c)  An  Advisory  Board on Necropsy Service to Coroners,
29    which shall counsel and  advise  with  the  Director  on  the
30    administration  of  the Autopsy Act. The Advisory Board shall
31    consist of 11 members, including a senior citizen age  60  or
32    over,  appointed  by  the  Governor,  one  of  whom  shall be
33    designated as chairman by a majority of the  members  of  the
34    Board.  In  the  appointment  of the first Board the Governor
 
SB1860 Enrolled            -75-               LRB9102178JMmbA
 1    shall appoint 3 members to serve for terms of 1 year,  3  for
 2    terms  of  2  years,  and 3 for terms of 3 years. The members
 3    first appointed under Public Act 83-1538 shall  serve  for  a
 4    term  of  3 years.  All members appointed thereafter shall be
 5    appointed  for  terms  of  3  years,  except  that  when   an
 6    appointment  is made to fill a vacancy, the appointment shall
 7    be for the remaining term of the position vacant. The members
 8    of the Board shall be citizens of the State of  Illinois.  In
 9    the appointment of members of the Advisory Board the Governor
10    shall  appoint  3  members  who  shall be persons licensed to
11    practice medicine and surgery in the State  of  Illinois,  at
12    least 2 of whom shall have received post-graduate training in
13    the  field  of  pathology;  3  members  who  are duly elected
14    coroners in this State; and 5 members who shall have interest
15    and abilities in the field of forensic medicine but who shall
16    be  neither  persons  licensed  to  practice  any  branch  of
17    medicine in this State nor coroners. In  the  appointment  of
18    medical  and coroner members of the Board, the Governor shall
19    invite  nominations  from  recognized  medical  and  coroners
20    organizations in  this  State  respectively.  Board  members,
21    while  serving on business of the Board, shall receive actual
22    necessary travel and subsistence expenses  while  so  serving
23    away from their places of residence.
24    (Source: P.A. 90-607, eff. 6-30-98; 91-239, eff. 1-1-00.)

25        (20 ILCS 225/Act rep.)
26        Section  135. The State Export Promotion Coordinating Act
27    is repealed.

28        (20 ILCS 505/17a-1 rep.)
29        Section 140.  The Children and  Family  Services  Act  is
30    amended by repealing Section 17a-1.

31        (20 ILCS 1705/65 rep.)
 
SB1860 Enrolled            -76-               LRB9102178JMmbA
 1        Section 145.  The   Mental   Health   and   Developmental
 2    Disabilities  Administration  Act  is  amended  by  repealing
 3    Section 65.

 4        (20 ILCS 2310/2310-300 rep.)
 5        Section  150.  The Department of Public Health Powers and
 6    Duties Law of the Civil Administrative Code  of  Illinois  is
 7    amended by repealing Section 2310-300.

 8        (20 ILCS 3937/Act rep.)
 9        Section 155.  The First Aid Task Force Act is repealed.

10        (20 ILCS 4035/Act rep.)
11        Section  160.  The Year 2000 Technology Task Force Act is
12    repealed.

13        (70 ILCS 1705/37.2 rep.)
14        (70 ILCS 1705/37.3 rep.)
15        Section 165.  The Northeastern Illinois Planning  Act  is
16    amended by repealing Sections 37.2 and 37.3.

17        (110 ILCS 370/2 rep.)
18        Section  170.   The  Police  Training  Institute  Act  is
19    amended by repealing Section 2.

20        (110 ILCS 925/4.03b rep.)
21        (110 ILCS 925/6 rep.)
22        Section  175.  The Dental Student Grant Act is amended by
23    repealing Sections 4.03b and 6.

24        (210 ILCS 45/3-108a rep.)
25        Section 180.  The Nursing Home Care  Act  is  amended  by
26    repealing Section 3-108a.
 
SB1860 Enrolled            -77-               LRB9102178JMmbA
 1        Section  185.   The Campground Licensing and Recreational
 2    Area Act is amended by changing Section 21 as follows:

 3        (210 ILCS 95/21) (from Ch. 111 1/2, par. 781)
 4        Sec. 21.  (a) After consideration of the  recommendations
 5    of  the  Campground  Licensing and Recreational Area Advisory
 6    Council,  provided  by  Section  22,  The  Department   shall
 7    promulgate such rules and regulations as may be necessary for
 8    the proper enforcement of this Act, to protect the health and
 9    safety  of  the  public  using  such  recreational  areas and
10    campgrounds and may, when necessary, utilize the services  of
11    any  other  State  agencies  to  assist  in  carrying out the
12    purposes of this Act. These regulations  shall  include,  but
13    are  not  limited  to,  standards  relating  to water supply,
14    sewage and solid waste  disposal,  food  service  sanitation,
15    design  of  buildings,  rodent  and insect control, water and
16    swimming hazards, first aid,  communicable  disease  control,
17    safety, cleanliness and sanitation.
18        (b)    The    Department   may   designate   county   and
19    multiple-county health departments  or  municipal  boards  of
20    health  to  make inspections relating to compliance with this
21    Act and the  standards  prescribed  by  the  Department.  The
22    reports  and  recommendations  of any such agency shall be in
23    writing  and  shall  state  its  findings  with  respect   to
24    compliance   or   non-compliance   with   this  Act  and  the
25    regulations. The Department or the  designated  agency  shall
26    make  at  least  1  annual  inspection of each campground and
27    inspect any recreational area when deemed necessary.
28    (Source: P.A. 84-650.)

29        (210 ILCS 95/22 rep.)
30        Section 190.   The Campground Licensing and  Recreational
31    Area Act is amended by repealing Section 22.
 
SB1860 Enrolled            -78-               LRB9102178JMmbA
 1        Section 195.  The Environmental Protection Act is amended
 2    by changing Section 22.28 as follows:

 3        (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
 4        Sec. 22.28. White goods.
 5        (a)  Beginning  July  1,  1994, no person shall knowingly
 6    offer for collection or collect white goods for  the  purpose
 7    of  disposal  by landfilling unless the white good components
 8    have been removed.
 9        (b)  Beginning July 1, 1994, no owner or  operator  of  a
10    landfill  shall  accept  any  white goods for final disposal,
11    except that white goods may be accepted if:
12             (1)  the landfill  participates  in  the  Industrial
13        Materials   Exchange   Service   by   communicating   the
14        availability of white goods;
15             (2)  prior   to   final  disposal,  any  white  good
16        components have been removed from the white goods; and
17             (3)  if white good components are removed  from  the
18        white  goods  at  the  landfill,  a  site  operating plan
19        satisfying this Act has  been  approved  under  the  site
20        operating  permit  and  the  conditions of such operating
21        plan are met.
22        (c)  For the purposes of this Section:
23             (1)  "White  goods"  shall  include  all   discarded
24        refrigerators,   ranges,  water  heaters,  freezers,  air
25        conditioners, humidifiers and other similar domestic  and
26        commercial large appliances.
27             (2)  "White good components" shall include:
28                  (i)  any chlorofluorocarbon refrigerant gas;
29                  (ii)  any electrical switch containing mercury;
30                  (iii)  any  device that contains or may contain
31             PCBs in a closed system, such as a dielectric  fluid
32             for a capacitor, ballast or other component; and
33                  (iv)  any   fluorescent   lamp   that  contains
 
SB1860 Enrolled            -79-               LRB9102178JMmbA
 1             mercury.
 2        (d)  The  Agency  is  authorized  to  provide   financial
 3    assistance  to units of local government from the Solid Waste
 4    Management  Fund  to  plan  for  and  implement  programs  to
 5    collect, transport and manage white  goods.  Units  of  local
 6    government  may  apply jointly for financial assistance under
 7    this Section.
 8        Applications  for  such  financial  assistance  shall  be
 9    submitted to the Agency and must provide a description of:
10                  (A)  the area to be served by the program;
11                  (B)  the white goods intended to be included in
12             the program;
13                  (C)  the  methods  intended  to  be  used   for
14             collecting and receiving materials;
15                  (D)  the  property,  buildings,  equipment  and
16             personnel included in the program;
17                  (E)  the public education systems to be used as
18             part of the program;
19                  (F)  the  safety and security systems that will
20             be used;
21                  (G)  the intended processing methods  for  each
22             white goods type;
23                  (H)  the   intended   destination   for   final
24             material handling location; and
25                  (I)  any staging sites used to handle collected
26             materials,  the  activities  to be performed at such
27             sites and the procedures  for  assuring  removal  of
28             collected materials from such sites.
29        The  application  may  be  amended  to reflect changes in
30    operating procedures, destinations for  collected  materials,
31    or other factors.
32        Financial  assistance shall be awarded for a State fiscal
33    year, and may be renewed, upon  application,  if  the  Agency
34    approves the operation of the program.
 
SB1860 Enrolled            -80-               LRB9102178JMmbA
 1        (e)  All  materials collected or received under a program
 2    operated with financial assistance under this  Section  shall
 3    be  recycled  whenever  possible.   Treatment  or disposal of
 4    collected materials are not eligible for financial assistance
 5    unless the applicant shows  and  the  Agency  approves  which
 6    materials  may  be  treated  or  disposed  of  under  various
 7    conditions.
 8        Any  revenue  from  the sale of materials collected under
 9    such a program  shall  be  retained  by  the  unit  of  local
10    government  and may be used only for the same purposes as the
11    financial assistance under this Section.
12        (f)  The Agency is authorized to adopt rules necessary or
13    appropriate to the administration of this Section.
14        (g)  (Blank). There is established  a  White  Goods  Task
15    Force.   The  task force shall be composed of representatives
16    of all of the following:
17             (1)  White goods retailers and manufacturers.
18             (2)  Local governments.
19             (3)  Affected businesses and utilities.
20             (4)  Businesses involved in the processing, hauling,
21        and disposing of used white goods.
22             (5)  Environmental advocacy groups.
23        The Director of  the  Agency  and  the  Director  of  the
24    Department  shall  appoint the members of the task force, and
25    they or their designees shall serve as co-chairs of the  task
26    force.   The  task  force  shall  develop and propose desired
27    statutory, regulatory, and programmatic changes necessary  to
28    effectively  implement  the  provisions of this Section.  The
29    task force shall report its recommendations to  the  Governor
30    and General Assembly by July 1, 1993.
31    (Source: P.A. 89-619, eff. 1-1-97.)

32        (415 ILCS 5/57.14 rep.)
33        Section 200.  The Environmental Protection Act is amended
 
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 1    by repealing Section 57.14.

 2        (415 ILCS 115/20 rep.)
 3        Section  205.   The  Illinois Pollution Prevention Act is
 4    amended by repealing Section 20.

 5        Section  215.  The  Illinois  Commission   on   Community
 6    Service Act is amended by changing the Act title and Sections
 7    0.01, 1, 2, 3, 4, 5.1, 6.1, and 7 as follows:

 8        (20 ILCS 710/Act title)
 9        An  Act  to  create  a  Commission  on  Volunteerism  and
10    Community Service and to define its powers and duties.
11    (Source:  P.A. 86-1192. Title amended by P.A. 87-902; 88-597,
12    eff. 1-9-95; 89-626, eff. 8-9-96.)

13        (20 ILCS 710/0.01) (from Ch. 127, par. 3800)
14        Sec. 0.01.  Short title.  This Act may be  cited  as  the
15    Illinois  Commission  on  Volunteerism  and Community Service
16    Act.
17    (Source: P.A. 88-597; 89-84, eff. 7-1-95.)

18        (20 ILCS 710/1) (from Ch. 127, par. 3801)
19        Sec. 1.  Creation.  There is created in the Department of
20    Human Services Commerce and Community  Affairs  the  Illinois
21    Commission on Volunteerism and Community Service.
22    (Source: P.A. 88-597; 89-84, eff. 7-1-95.)

23        (20 ILCS 710/2) (from Ch. 127, par. 3802)
24        Sec. 2.  Purpose.  The purpose of the Illinois Commission
25    on  Volunteerism  and  Community  Service  is  to promote and
26    support community service in public and private  programs  to
27    meet  the  needs  of  Illinois  citizens;  to  stimulate  new
28    volunteerism    and   community   service   initiatives   and
 
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 1    partnerships; and to serve as a resource and advocate  within
 2    the  Department  of  Human  Services  Commerce  and Community
 3    Affairs  for  community  service  agencies,  volunteers,  and
 4    programs which utilize State and private volunteers.
 5    (Source: P.A. 88-597; 89-84, eff. 7-1-95.)

 6        (20 ILCS 710/3) (from Ch. 127, par. 3803)
 7        Sec. 3.  Definitions.
 8        "Commission"   means   the   Illinois    Commission    on
 9    Volunteerism and Community Service.
10        "Director"  means  the Executive Director of the Illinois
11    Commission on Volunteerism and Community Service.
12        "Staff" means the Illinois Commission on Volunteerism and
13    Community Service staff.
14    (Source: P.A. 88-597; 89-84, eff. 7-1-95.)

15        (20 ILCS 710/4) (from Ch. 127, par. 3804)
16        Sec.  4.  Operation.   The  Lieutenant   Governor   shall
17    appoint a Director of the Lieutenant Governor's Commission on
18    Volunteerism  and  Community  Service  who shall serve at the
19    Lieutenant Governor's pleasure and  who  shall  receive  such
20    compensation  as  is  determined  by the Lieutenant Governor.
21    The Director shall employ such staff as is necessary to carry
22    out the purpose of this Act.  The  Commission,  working    in
23    cooperation  with  State agencies, individuals, local groups,
24    and  organizations  throughout  the  State,   may   undertake
25    programs  and  activities which further the  purposes of this
26    Act including, but not limited to, the following:
27             (a)  providing  technical  assistance  to   programs
28        which depend upon volunteers;
29             (b)  initiating  community  service programs to meet
30        previously unmet needs in Illinois;
31             (c)  promoting and coordinating  efforts  to  expand
32        and improve the statewide community service network;
 
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 1             (d)  recognizing   outstanding   community   service
 2        accomplishments;
 3             (e)  disseminating  information to support community
 4        service  programs  and  to  broaden   community   service
 5        involvement throughout the State;
 6             (f)  implementing federally funded grant programs in
 7        Illinois such as the National and Community Service Trust
 8        Act.
 9        The  Commission  may receive and expend funds, grants and
10    services  from  any  source  for  purposes   reasonable   and
11    necessary  to  carry  out  a  coordinated  plan  of community
12    service throughout the State.
13    (Source: P.A. 87-902; 88-597, eff. 1-9-95.)

14        (20 ILCS 710/5.1)
15        Sec. 5.1.  Commission.  The Commission is established  to
16    encourage  community service and volunteer participation as a
17    means of community and State problem-solving; to promote  and
18    support  voluntary  citizen  involvement  in  government  and
19    private   programs   throughout   the  State;  to  develop  a
20    long-term,  comprehensive  vision  and  plan  of  action  for
21    national volunteerism and community  service  initiatives  in
22    Illinois; and to serve as the State's liaison to national and
23    State organizations that support its mission.
24        The  Commission  shall  consist  of  15  to 25 bipartisan
25    voting members and up to 15 bipartisan nonvoting members.  At
26    least 25% of the members must be from the City of Chicago.
27        The Governor shall appoint up to 25 voting members and up
28    to  15  nonvoting  members.    Of  those  initial  25  voting
29    members, 10 shall serve for 3 years,  8  shall  serve  for  2
30    years,  and  7  shall  serve  for  one  year.  Voting members
31    appointed  by  the  Governor  shall  include  at  least   one
32    representative  of the following: an expert in the education,
33    training, and development needs of youth; the chairman of the
 
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 1    City Colleges of a municipality having a population  of  more
 2    than  2  million;  labor  organizations;  business; the human
 3    services department of a municipality with  a  population  of
 4    more than 2 million; community based organizations; the State
 5    Superintendent  of Education; the Superintendent of Police of
 6    a municipality having a population of more than 2 million;  a
 7    youth  between  16  and  25 years old who is a participant or
 8    supervisor in a community service program; the President of a
 9    County Board of a county having a population of more  than  3
10    million;  an  expert  in older adult volunteerism; the public
11    health commissioner of a municipality having a population  of
12    more than 2 million; local government; and a national service
13    program.   A  representative  of; and the federal Corporation
14    for National  Service  shall  be  appointed  as  a  nonvoting
15    member.
16        Appointing  authorities  shall  ensure,  to  the  maximum
17    extent  practicable,  that  the  Commission  is  diverse with
18    respect to  race,  ethnicity,  age,  gender,  geography,  and
19    disability.  Not more than 50% of the Commission appointed by
20    the Governor may be from the same political party.
21        Subsequent  voting  members of the Commission shall serve
22    3-year terms. Commissioners must be allowed  to  serve  until
23    new  commissioners  are  appointed  in  order to maintain the
24    federally required number of commissioners.
25        Each nonvoting member shall serve at the pleasure of  the
26    Governor.
27        Members  of  the  Commission  may not serve more than 3 2
28    consecutive terms.  Vacancies shall be  filled  in  the  same
29    manner  as  the  original  appointments  and  any  member  so
30    appointed  shall  serve  during the remainder of the term for
31    which the vacancy occurred.  The members  shall  not  receive
32    any  compensation  but  shall  be  reimbursed  for  necessary
33    expenses incurred in the performance of their duties.
34    (Source: P.A. 88-597, eff. 1-9-95.)
 
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 1        (20 ILCS 710/6.1)
 2        Sec. 6.1.  Functions of Commission.  The Commission shall
 3    meet at least quarterly and shall advise and consult with the
 4    Department  of  Human Services Commerce and Community Affairs
 5    and the Director on all matters relating to community service
 6    in Illinois.  In addition,  the  Commission  shall  have  the
 7    following duties:
 8        (a)  prepare  a  3-year  national  and  community service
 9    plan, developed through an open, public process  and  updated
10    annually;
11        (b)  prepare the financial assistance applications of the
12    State under the National and Community Service Trust Fund Act
13    of 1993;
14        (c)  assist  in the preparation of the application by the
15    State Board of Education for assistance under that Act;
16        (d)  prepare the State's application under that  Act  for
17    the approval of national service positions;
18        (e)  assist  in  the  provision  of health care and child
19    care benefits under that Act;
20        (f)  develop  a   State   recruitment,   placement,   and
21    information dissemination system for participants in programs
22    that receive assistance under the national service laws;
23        (g)  administer   the  State's  grant  program  including
24    selection, oversight, and evaluation of grant recipients;
25        (h)  make  technical  assistance  available   to   enable
26    applicants  to  plan  and  implement  service programs and to
27    apply for assistance under the national service laws;
28        (i)  develop  projects,  training   methods,   curriculum
29    materials, and other activities related to service;
30        (j)  coordinate  its  functions  with any division of the
31    federal  Corporation  for  National  and  Community   Service
32    outlined in the National and Community Service Trust Fund Act
33    of 1993.
34        (k)  publicize  Commission  Office  services  and promote
 
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 1    community involvement in the  activities  of  the  Commission
 2    Office;
 3        (l)  promote   increased   visibility   and  support  for
 4    volunteers of all ages, especially youth and senior citizens,
 5    and community  service  in  meeting  the  needs  of  Illinois
 6    citizens; and
 7        (m)  represent  the Department of Human Services Commerce
 8    and Community Affairs on such occasions and in such manner as
 9    the Department of Commerce and Community Affairs may provide.
10    (Source: P.A. 88-597; 89-84, eff. 7-1-95.)

11        (20 ILCS 710/7)
12        Sec. 7.  On the effective date of this amendatory Act  of
13    the  91st  General  Assembly 1995, the authority, powers, and
14    duties in this Act of the Lieutenant Governor are transferred
15    to the Department  of  Commerce  and  Community  Affairs  are
16    transferred to the Department of Human Services.
17    (Source: P.A. 89-84, eff. 7-1-95.)

18        (20 ILCS 710/10 rep.)
19        Section   220.  The   Illinois  Commission  on  Community
20    Service Act is amended by repealing Section 10.

21        Section 225.  The Illinois Criminal  Justice  Information
22    Act is amended by changing Section 4 as follows:

23        (20 ILCS 3930/4) (from Ch. 38, par. 210-4)
24        Sec. 4.  Illinois Criminal Justice Information Authority;
25    creation,  membership,  and  meetings.   There  is created an
26    Illinois Criminal Justice Information Authority consisting of
27    18 16 members.  The membership of the Authority shall consist
28    of the Illinois Attorney General, or his or her designee, the
29    Director of  the  Illinois  Department  of  Corrections,  the
30    Director  of  the  Illinois  Department  of State Police, the
 
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 1    Sheriff of Cook County, the State's Attorney of Cook  County,
 2    the   clerk   of  the  circuit  court  of  Cook  County,  the
 3    Superintendent of the Chicago Police Department, the Director
 4    of the Office of the State's Attorneys Appellate  Prosecutor,
 5    the  Executive  Director  of  the  Illinois  Law  Enforcement
 6    Training  and  Standards  Board, and the following additional
 7    members, each of whom shall be appointed by the  Governor:  a
 8    circuit  court  clerk, a sheriff, and a State's Attorney of a
 9    county other than Cook, a chief of police, and 5  members  of
10    the general public.
11        The Governor from time to time shall designate a Chairman
12    of  the  Authority  from  the membership.  All members of the
13    Authority appointed  by  the  Governor  shall  serve  at  the
14    pleasure  of  the  Governor for a term not to exceed 4 years.
15    The initial appointed members of the  Authority  shall  serve
16    from January, 1983 until the third Monday in January, 1987 or
17    until their successors are appointed.
18        The  Authority  shall  meet  at  least quarterly, and all
19    meetings of the Authority shall be called by the Chairman.
20    (Source: P.A. 91-483, eff. 1-1-00; revised 2-23-00.)

21        Section 230.  The Sex Offender Management  Board  Act  is
22    amended by changing Section 15 as follows:

23        (20 ILCS 4026/15)
24        Sec.   15.  Sex   Offender  Management  Board;  creation;
25    duties.
26        (a)  There is created the Sex Offender Management  Board,
27    which  shall  consist  of  20 members.  The membership of the
28    Board shall consist of the following persons:
29             (1)  Two   members   appointed   by   the   Governor
30        representing the  judiciary,  one  representing  juvenile
31        court  matters  and one representing adult criminal court
32        matters;
 
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 1             (2)  One   member   appointed   by   the    Governor
 2        representing Probation Services;
 3             (3)  One    member   appointed   by   the   Governor
 4        representing the Department of Corrections;
 5             (4)  One   member   appointed   by   the    Governor
 6        representing the Department of Human Services;
 7             (5)  One    member   appointed   by   the   Governor
 8        representing the Illinois State Police;
 9             (6)  One   member   appointed   by   the    Governor
10        representing   the  Department  of  Children  and  Family
11        Services;
12             (7)  One member appointed by  the  Attorney  General
13        representing the Office of the Attorney General;
14             (8)  Two  members  appointed by the Attorney General
15        who  are  licensed  mental  health   professionals   with
16        documented expertise in the treatment of sex offenders;
17             (9)  Two  members  appointed by the Attorney General
18        who are State's Attorneys or assistant State's Attorneys,
19        one  representing  juvenile   court   matters   and   one
20        representing felony court matters;
21             (10)  One  member  being  the  Cook  County  State's
22        Attorney or his or her designee;
23             (11)  One  member  being the Director of the State's
24        Attorneys Appellate Prosecutor or his or her designee;
25             (12)  One  member  being  the  Cook  County   Public
26        Defender or his or her designee;
27             (13)  Two  members appointed by the Governor who are
28        representatives of law enforcement, one juvenile  officer
29        and one sex crime investigator;
30             (14)  Two  members appointed by the Attorney General
31        who are recognized experts in the field of sexual assault
32        and who can represent sexual assault victims and victims'
33        rights organizations; and
34             (15)  One member being the State Appellate  Defender
 
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 1        or his or her designee.
 2        (b)  The  Governor and the Attorney General shall appoint
 3    a presiding officer  for  the  Board  from  among  the  board
 4    members appointed under subsection (a) of this Section, which
 5    presiding officer shall serve at the pleasure of the Governor
 6    and the Attorney General.
 7        (c)  Each   member   of   the   Board  shall  demonstrate
 8    substantial expertise and experience in the field  of  sexual
 9    assault.
10        (d)  (1)  Any  member  of the Board created in subsection
11    (a) of this Section who is  appointed  under  paragraphs  (1)
12    through  (7) of subsection (a) of this Section shall serve at
13    the pleasure of the official who appointed that member, for a
14    term of 5 years and may be reappointed.   The  members  shall
15    serve without additional compensation.
16             (2)  Any  member  of the Board created in subsection
17        (a) of this Section who is appointed under paragraphs (8)
18        through (14) of subsection  (a)  of  this  Section  shall
19        serve  for a term of 5 years and may be reappointed.  The
20        members shall serve without compensation.
21             (3)  The travel costs associated with membership  on
22        the  Board created in subsection (a) of this Section will
23        be reimbursed subject to availability of funds.
24        (e)  The first meeting of this Board shall be held within
25    45 days of the effective date of this Act.
26        (f)  The Board shall carry out the following duties:
27             (1)  Not later than  December  31,  2001  36  months
28        after  the  effective  date  of this Act, the Board shall
29        develop and prescribe  separate  standardized  procedures
30        for the evaluation and identification of the offender and
31        recommend behavior management, monitoring, and counseling
32        based upon the knowledge that sex offenders are extremely
33        habituated  and  that  there  is  no  known  cure for the
34        propensity to commit sex abuse.  The Board shall  develop
 
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 1        and  implement  measures  of success based upon a no-cure
 2        policy for intervention.  The  Board  shall  develop  and
 3        implement methods of intervention for sex offenders which
 4        have  as a priority the physical and psychological safety
 5        of  victims  and  potential   victims   and   which   are
 6        appropriate  to  the needs of the particular offender, so
 7        long as there is no reduction of the  safety  of  victims
 8        and potential victims.
 9             (2)  Not  later  than  December  31,  2001 36 months
10        after the effective date of this  Act,  the  Board  shall
11        develop separate guidelines and standards for a system of
12        programs  for  the  counseling of both juvenile and adult
13        sex offenders which can be utilized by offenders who  are
14        placed  on  probation,  committed  to  the  Department of
15        Corrections or Department of Human Services, or placed on
16        mandatory supervised release  or  parole.   The  programs
17        developed  under  this paragraph (f) shall be as flexible
18        as possible so that the programs may be utilized by  each
19        offender to prevent the offender from harming victims and
20        potential  victims.   The programs shall be structured in
21        such a manner that  the  programs  provide  a  continuing
22        monitoring  process  as well as a continuum of counseling
23        programs for each  offender  as  that  offender  proceeds
24        through  the justice system.  Also, the programs shall be
25        developed in such a manner that, to the extent  possible,
26        the  programs  may  be  accessed  by all offenders in the
27        justice system.
28             (3)  There   is   established   the   Sex   Offender
29        Management Board Fund in the State  Treasury  into  which
30        funds  received  from  public or private sources shall be
31        deposited, and from which funds shall be appropriated  to
32        the  Sex  Offender  Management  Board  for  planning  and
33        research.
34             (4)  The Board shall develop and prescribe a plan to
 
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 1        research and analyze the effectiveness of the evaluation,
 2        identification,  and  counseling  procedures and programs
 3        developed under this Act.  The Board shall  also  develop
 4        and   prescribe   a  system  for  implementation  of  the
 5        guidelines and standards developed under paragraph (2) of
 6        this subsection (f) and for tracking offenders  who  have
 7        been   subjected   to   evaluation,  identification,  and
 8        counseling under this Act.  In addition, the Board  shall
 9        develop  a  system  for monitoring offender behaviors and
10        offender adherence to prescribed behavioral changes.  The
11        results of the tracking and behavioral  monitoring  shall
12        be a part of any analysis made under this paragraph (4).
13        (g)  The  Board  may promulgate rules as are necessary to
14    carry out the duties of the Board.
15        (h)  The Board and the individual members  of  the  Board
16    shall   be  immune  from  any  liability,  whether  civil  or
17    criminal, for the good faith performance of the duties of the
18    Board as specified in this Section.
19    (Source: P.A. 90-133, eff.  7-22-97;  90-793,  eff.  8-14-98;
20    91-235, eff. 7-22-99.)

21        Section  235.  The  Compensation Review Act is amended by
22    changing Section 4 as follows:

23        (25 ILCS 120/4) (from Ch. 63, par. 904)
24        Sec. 4.  Meetings of the Board; determining compensation;
25    public hearings; reports. The Board shall meet  as  often  as
26    may  be  necessary and shall determine, upon a vote requiring
27    at least 7 affirmative votes, the compensation for members of
28    the  General  Assembly,  judges,  other   than   the   county
29    supplement,   State's   attorneys,   other  than  the  county
30    supplement, the  elected  constitutional  officers  of  State
31    government,   and   certain   appointed   officers  of  State
32    government.
 
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 1        In determining the  compensation  for  each  office,  the
 2    Compensation   Review  Board  shall  consider  the  following
 3    factors:
 4        (a)  the skill required,
 5        (b)  the time required,
 6        (c)  the opportunity for other earned income,
 7        (d)  the  value  of  public  services  as  performed   in
 8    comparable states,
 9        (e)  the  value  of  such  services  as  performed in the
10    private sector in Illinois and comparable states based on the
11    responsibility and discretion required in the office,
12        (f)  the average consumer prices commonly  known  as  the
13    cost of living,
14        (g)  the  overall  compensation presently received by the
15    public officials and all other benefits received,
16        (h)  the interests and welfare  of  the  public  and  the
17    financial ability of the State to meet those costs, and
18        (i)  such  other  factors, not confined to the foregoing,
19    which are normally or traditionally taken into  consideration
20    in the determination of such compensation.
21        The  Board  shall conduct public hearings prior to filing
22    its report.
23        At the public hearings, the Board shall allow  interested
24    persons  to  present their views and comments.  The Board may
25    prescribe  reasonable  rules  for  the  conduct   of   public
26    hearings,  to  prevent undue repetition.  The meetings of the
27    Board are subject to the Open Meetings Act.
28        The Board shall file an initial report with the House  of
29    Representatives,   the   Senate,   the  Comptroller  and  the
30    Secretary  of  State.   Subsequent  reports  shall  be  filed
31    therewith before April 1 May 1  in  each  even-numbered  year
32    thereafter  stating  the  annual  salary  for  members of the
33    General Assembly, the elected State  constitutional  officers
34    and   certain   appointed   State  officers  and  compensated
 
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 1    employees and members of certain State departments, agencies,
 2    boards and commissions whose terms begin in the next calendar
 3    year; the annual salary for State's attorneys; and the annual
 4    salary  for  the  Auditor  General  and  for  Supreme  Court,
 5    Appellate Court, Circuit Court and Associate judges.  If  the
 6    report   increases  the  annual  salary  of  judges,  State's
 7    attorneys, and the Auditor General, such increase shall  take
 8    effect  as  soon  as  the  time  period  for  disapproval  or
 9    reduction,  as  provided  in subsection (b) of Section 5, has
10    expired.
11        The salaries in the report or as reduced by  the  General
12    Assembly,  other  than for judges, State's attorneys, and the
13    Auditor General, shall take effect as provided by law.
14    (Source: P.A. 90-375, eff. 8-14-97.)

15        Section 240.  The Nonresident  College  Trustees  Act  is
16    amended by changing Section 1 as follows:

17        (110 ILCS 60/1) (from Ch. 144, par. 7)
18        Sec.  1.  (a)  In  all  colleges,  universities and other
19    institutions of learning in the State of Illinois, not placed
20    under the control of the  officers  of  this  State,  whether
21    organized  under any general or special law, non-residents of
22    this State shall  be  eligible  to  the  office  of  trustee;
23    provided,  that  at  least  3  three  members of the board of
24    trustees  of  any  such  institution  of  learning  shall  be
25    residents of this State.  This subsection (a) does not  apply
26    to  the  Board  of  Trustees  of  the University of Illinois,
27    Southern  Illinois  University,  Chicago  State   University,
28    Eastern  Illinois  University,  Governors  State  University,
29    Illinois  State University, Northeastern Illinois University,
30    Northern Illinois University, or Western Illinois University.
31        (b)  : Provided further, that No institution of  learning
32    in  this  State  shall be removed from this State unless by a
 
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 1    unanimous vote of the board of trustees.
 2    (Source: P.A. 84-1308.)

 3        Section 245.  The University of Illinois Trustees Act  is
 4    amended by changing Section 1 as follows:

 5        (110 ILCS 310/1) (from Ch. 144, par. 41)
 6        Sec.  1.   The  Board  of  Trustees  of the University of
 7    Illinois  shall  consist  of  9  trustees  appointed  by  the
 8    Governor, by and with the advice and consent of  the  Senate,
 9    the  Governor,  and,  until  July 1, 2001, one voting student
10    member designated by the Governor  from  one  campus  of  the
11    University  and one nonvoting student member from each campus
12    of the University  not  represented  by  the  voting  student
13    member.   The  Governor  shall  designate  one of the student
14    members serving on the Board on the effective  date  of  this
15    amendatory  Act of 1997 to serve as the voting student member
16    for the remainder  of  that  student's  term  on  the  Board.
17    Beginning  on  July  1,  2001,  and  thereafter,  the student
18    members of the Board shall  all  be  nonvoting  members,  one
19    selected from each campus of the University.
20        Each  student  member  shall  serve  a  term of one year,
21    beginning on July 1 of each year or on the date of his or her
22    selection, whichever is  later,  and  expiring  on  the  next
23    succeeding  June  30.   The student members shall have all of
24    the privileges of membership, including the right to make and
25    second motions and to attend executive  sessions, other  than
26    the right to vote, except that until July 1, 2001 the student
27    member  designated  by  the  Governor  as  the voting student
28    member shall have the right to  vote  on  all  Board  matters
29    except  those  involving faculty tenure, faculty promotion or
30    any issue on which the student member has a  direct  conflict
31    of  interest.   The method of selecting these student members
32    shall be determined by campus-wide  student  referendum,  and
 
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 1    any student designated by the Governor to be a voting student
 2    member  shall be one of the students selected by this method.
 3    A student member who is not entitled to vote on a measure  at
 4    a  meeting of the Board or any of its committees shall not be
 5    considered a member for the purpose of determining whether  a
 6    quorum  is  present  at  the time that measure is voted upon.
 7    To be eligible for selection as a student member  and  to  be
 8    eligible to remain as a voting or nonvoting student member of
 9    the Board, a student member must be a resident of this State,
10    must  have  and  maintain  a  grade  point  average  that  is
11    equivalent to at least 2.5 on a 4.0 scale, and must be a full
12    time  student enrolled at all times during his or her term of
13    office except  for that part of the term  which  follows  the
14    completion  of  the last full regular semester of an academic
15    year and precedes the first  full  regular  semester  of  the
16    succeeding   academic   year  at  the  university  (sometimes
17    commonly referred to as the summer session or summer school).
18    If a voting or nonvoting student member serving on the  Board
19    fails  to continue to meet or maintain the residency, minimum
20    grade point average, or enrollment requirement established by
21    this Section, his or her membership on  the  Board  shall  be
22    deemed to have terminated by operation of law.
23        The  term of each elected trustee who is in office on the
24    effective date of this amendatory Act of 1995 shall terminate
25    on the second Monday in January, 1996, or when  a  quorum  of
26    the  trustees initially to be appointed under this amendatory
27    Act of  1995  is  appointed  and  qualified,  whichever  last
28    occurs.
29        No  more  than  5  of  the  9  trustees  appointed by the
30    Governor shall be affiliated with the same  political  party.
31    Each  trustee appointed by the Governor must be a resident of
32    this State.  A failure to meet  or  maintain  this  residency
33    requirement  constitutes  a  resignation  from  and creates a
34    vacancy in the Board. The term of office  of  each  appointed
 
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 1    trustee  shall be 6 years from the third Monday in January of
 2    each odd  numbered  year,  except  that  of  the  9  trustees
 3    initially appointed by the Governor, 3 shall be appointed for
 4    terms  that  commence  on  the  date of their appointment and
 5    expire on the second Monday in  January,  1997;  3  shall  be
 6    appointed  for  terms  that  commence  on  the  date of their
 7    appointment and expire on the second Monday in January, 1999;
 8    and 3 shall be appointed for terms that commence on the  date
 9    of  their  appointment  and  expire  on  the second Monday in
10    January, 2001.  Upon expiration of the terms of  the  members
11    initially   appointed   by  the  Governor,  their  respective
12    successors shall be appointed for terms of 6 years  from  the
13    second  Monday in January of each odd numbered year and until
14    their respective successors are appointed and qualified.
15        Vacancies shall be filled for the unexpired term  in  the
16    same  manner  as  original  appointments.   If  a  vacancy in
17    membership occurs at  a  time  when  the  Senate  is  not  in
18    session, the Governor shall make temporary appointments until
19    the next meeting of the Senate, when he shall appoint persons
20    to   fill   such  memberships  for  the  remainder  of  their
21    respective terms.  If the  Senate  is  not  in  session  when
22    appointments  for a full term are made, appointments shall be
23    made as in the case of vacancies.
24        No action of the board shall be invalidated by reason  of
25    any  vacancies  on  the board, or by reason of any failure to
26    select student members.
27    (Source: P.A. 89-4,  eff.  7-1-95  (eff.  date  changed  from
28    1-1-96  by  P.A.  89-24);  89-5,  eff.  1-1-96;  90-630, eff.
29    7-24-98.)

30        Section 250.  The Southern Illinois University Management
31    Act is amended by changing Section 2 as follows:

32        (110 ILCS 520/2) (from Ch. 144, par. 652)
 
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 1        Sec. 2. The Board shall consist of 7 members appointed by
 2    the Governor, by and with  the  advice  and  consent  of  the
 3    Senate,  the  Superintendent  of  Public  Instruction, or his
 4    chief  assistant  for  liaison  with  higher  education  when
 5    designated to serve in his place, ex-officio, and, until July
 6    1, 2001, one voting student member designated by the Governor
 7    from one campus of the University and one  nonvoting  student
 8    member  from  the campus of the University not represented by
 9    the voting student member.  The Governor shall designate  one
10    of  the student members serving on the Board on the effective
11    date of this amendatory Act of  1997 to serve as  the  voting
12    student  member  for  the remainder of that student's term on
13    the Board.  Beginning on July 1, 2001, and thereafter, the  2
14    student members of the Board shall be nonvoting members, each
15    to  be  selected  by  the  respective  campuses  of  Southern
16    Illinois  University  at  Carbondale  and  Edwardsville.  The
17    method of selecting these student members shall be determined
18    by campus-wide student referendum, and any student designated
19    by the Governor to be a voting student member shall be one of
20    the students selected by this method.   The  student  members
21    shall  serve  terms  of  one year beginning on July 1 of each
22    year, except that  the  student  members  initially  selected
23    shall  serve  a  term beginning on the date of such selection
24    and expiring on the next succeeding June 30. To  be  eligible
25    for  selection  as  a  student  member  and to be eligible to
26    remain as a voting or nonvoting student member of the  Board,
27    a  student member must be a resident of this State, must have
28    and maintain a grade point average that is equivalent  to  at
29    least  2.5  on  a  4.0 scale, and must be a full time student
30    enrolled  at all times during  his  or  her  term  of  office
31    except for that part of the term which follows the completion
32    of  the  last  full  regular semester of an academic year and
33    precedes the first full regular semester  of  the  succeeding
34    academic  year at the university (sometimes commonly referred
 
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 1    to as the summer session or summer school).  If a  voting  or
 2    nonvoting  student  member  serving  on  the  Board  fails to
 3    continue to meet or maintain  the  residency,  minimum  grade
 4    point  average, or enrollment requirement established by this
 5    Section, his or her membership on the Board shall  be  deemed
 6    to have terminated by operation of law. No more than 4 of the
 7    members  appointed  by  the Governor shall be affiliated with
 8    the same  political  party.  Each  member  appointed  by  the
 9    Governor must be a resident of this State.  A failure to meet
10    or   maintain   this   residency  requirement  constitutes  a
11    resignation from and creates a vacancy in the Board. Upon the
12    expiration of the terms of members appointed by the Governor,
13    their respective successors shall be appointed for terms of 6
14    years from the third Monday in January of  each  odd-numbered
15    year  and until their respective successors are appointed for
16    like terms. If the Senate  is  not  in  session  appointments
17    shall be made as in the case of vacancies.
18    (Source: P.A. 90-630, eff. 7-24-98.)

19        Section 255.  The Chicago State University Law is amended
20    by changing Section 5-15 as follows:

21        (110 ILCS 660/5-15)
22        Sec.  5-15.  Membership;  terms;  vacancies.   The  Board
23    shall  consist  of 7 voting members appointed by the Governor
24    by and with the advice and consent of the Senate, and,  until
25    July  1,  2001, one voting member who is a student at Chicago
26    State University.  The student member serving on the Board on
27    the effective date of this amendatory Act of 1997 shall be  a
28    voting student member for the remainder of his or her term on
29    the  Board.    Beginning on July 1, 2001, and thereafter, the
30    student member of the Board shall be a nonvoting member.  The
31    method  of  selecting the student member shall continue to be
32    determined by a campus-wide student referendum.  The  student
 
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 1    member  shall serve a term of one year beginning on July 1 of
 2    each year, except that the student member initially  selected
 3    shall  serve  a  term  beginning  on  the  date of his or her
 4    selection and expiring on the next succeeding June 30. To  be
 5    eligible for selection as a student member and to be eligible
 6    to  remain  as  a  student  member  of the Board, the student
 7    member must be a  resident  of  this  State,  must  have  and
 8    maintain a grade point average that is equivalent to at least
 9    2.5  on a 4.0 scale, and must be a full time student enrolled
10    at all times during his or her term of office except for that
11    part of the term which follows the  completion  of  the  last
12    full  regular  semester  of an academic year and precedes the
13    first full regular semester of the succeeding  academic  year
14    at  the  university  (sometimes  commonly  referred to as the
15    summer session  or  summer  school).   If  a  student  member
16    serving  on  the  Board fails to continue to meet or maintain
17    the residency, minimum grade  point  average,  or  enrollment
18    requirement   established   by   this  Section,  his  or  her
19    membership on the Board shall be deemed to have terminated by
20    operation of law. Of  the  members  first  appointed  by  the
21    Governor,  4  shall  be  appointed for terms to expire on the
22    third Monday in January, 1999, and 3 shall be  appointed  for
23    terms to expire on the third Monday in January, 2001.  If the
24    Senate  is  not  in  session  on  the  effective date of this
25    Article, or if a vacancy in an appointive  membership  occurs
26    at  a  time  when  the Senate is not in session, the Governor
27    shall make temporary appointments until the next  meeting  of
28    the  Senate  when  he  shall  nominate  persons  to fill such
29    memberships for the remainder of their respective terms.   No
30    more than 4 of the members appointed by the Governor shall be
31    affiliated   with  the  same  political  party.  Each  member
32    appointed by the Governor must be a resident of  this  State.
33    A  failure  to  meet  or  maintain this residency requirement
34    constitutes a resignation from and creates a vacancy  in  the
 
SB1860 Enrolled            -100-              LRB9102178JMmbA
 1    Board.  Upon the expiration of the terms of members appointed
 2    by  the  Governor,  their  respective  successors  shall   be
 3    appointed  for  terms  of  6  years  from the third Monday in
 4    January of each odd-numbered year.  Any members appointed  to
 5    the  Board  shall  continue  to  serve in such capacity until
 6    their successors are appointed and qualified.
 7    (Source:  P.A.  89-4,  eff.  1-1-96;  90-630,  eff.  7-24-98;
 8    90-814, eff. 2-4-99.)

 9        Section 260.  The  Eastern  Illinois  University  Law  is
10    amended by changing Section 10-15 as follows:

11        (110 ILCS 665/10-15)
12        Sec.  10-15.  Membership;  terms;  vacancies.   The Board
13    shall consist of 7 voting members appointed by  the  Governor
14    by  and with the advice and consent of the Senate, and, until
15    July 1, 2001, one voting member who is a student  at  Eastern
16    Illinois University.  The student member serving on the Board
17    on the effective date of this amendatory Act of 1997 shall be
18    a  voting student member for the remainder of his or her term
19    on the Board.  Beginning on July 1, 2001, and thereafter, the
20    student member of the Board shall be a nonvoting member.  The
21    method  of  selecting the student member shall continue to be
22    determined by a campus-wide student referendum.  The  student
23    member  shall serve a term of one year beginning on July 1 of
24    each year, except that the student member initially  selected
25    shall  serve  a  term  beginning  on  the  date of his or her
26    selection and expiring on the next succeeding June 30. To  be
27    eligible for selection as a student member and to be eligible
28    to  remain  as  a  student  member  of the Board, the student
29    member must be a  resident  of  this  State,  must  have  and
30    maintain a grade point average that is equivalent to at least
31    2.5  on a 4.0 scale, and must be a full time student enrolled
32    at all times during his or her term of office except for that
 
SB1860 Enrolled            -101-              LRB9102178JMmbA
 1    part of the term which follows the  completion  of  the  last
 2    full  regular  semester  of an academic year and precedes the
 3    first full regular semester of the succeeding  academic  year
 4    at  the  university  (sometimes  commonly  referred to as the
 5    summer session  or  summer  school).   If  a  student  member
 6    serving  on  the  Board fails to continue to meet or maintain
 7    the residency, minimum grade  point  average,  or  enrollment
 8    requirement   established   by   this  Section,  his  or  her
 9    membership on the Board shall be deemed to have terminated by
10    operation of law. Of  the  members  first  appointed  by  the
11    Governor,  4  shall  be  appointed for terms to expire on the
12    third Monday in January, 1999, and 3 shall be  appointed  for
13    terms to expire on the third Monday in January, 2001.  If the
14    Senate  is  not  in  session  on  the  effective date of this
15    Article, or if a vacancy in an appointive  membership  occurs
16    at  a  time  when  the Senate is not in session, the Governor
17    shall make temporary appointments until the next  meeting  of
18    the  Senate  when  he  shall  nominate  persons  to fill such
19    memberships for the remainder of their respective  terms.  No
20    more than 4 of the members appointed by the Governor shall be
21    affiliated   with  the  same  political  party.  Each  member
22    appointed by the Governor must be a resident of  this  State.
23    A  failure  to  meet  or  maintain this residency requirement
24    constitutes a resignation from and creates a vacancy  in  the
25    Board.  Upon the expiration of the terms of members appointed
26    by  the  Governor,  their  respective  successors  shall   be
27    appointed  for  terms  of  6  years  from the third Monday in
28    January of each odd-numbered year. Any members  appointed  to
29    the  Board  shall  continue  to  serve in such capacity until
30    their successors are appointed and qualified.
31    (Source:  P.A.  89-4,  eff.  1-1-96;  90-630,  eff.  7-24-98;
32    90-814, eff. 2-4-99.)

33        Section  265.  The  Governors  State  University  Law  is
 
SB1860 Enrolled            -102-              LRB9102178JMmbA
 1    amended by changing Section 15-15 as follows:

 2        (110 ILCS 670/15-15)
 3        Sec. 15-15.  Membership;  terms;  vacancies.   The  Board
 4    shall  consist  of 7 voting members appointed by the Governor
 5    by and with the advice and consent of the Senate, and,  until
 6    July 1, 2001, one voting member who is a student at Governors
 7    State University.  The student member serving on the Board on
 8    the  effective date of this amendatory Act of 1997 shall be a
 9    voting student member for the remainder of his or her term on
10    the Board.  Beginning on July 1, 2001,  and  thereafter,  the
11    student  member of the Board shall be a nonvoting member. The
12    method of selecting the student member shall continue  to  be
13    determined  by  a campus-wide student referendum. The student
14    member shall serve a term of one year beginning on July 1  of
15    each  year, except that the student member initially selected
16    shall serve a term beginning  on  the  date  of  his  or  her
17    selection  and expiring on the next succeeding June 30. To be
18    eligible for selection as a student member and to be eligible
19    to remain as a student  member  of  the  Board,  the  student
20    member  must  be  a  resident  of  this  State, must have and
21    maintain a grade point average that is equivalent to at least
22    2.5 on a 4.0 scale, and must be a full time student  enrolled
23    at all times during his or her term of office except for that
24    part  of  the  term  which follows the completion of the last
25    full regular semester of an academic year  and  precedes  the
26    first  full  regular semester of the succeeding academic year
27    at the university (sometimes  commonly  referred  to  as  the
28    spring/summer  semester).  If a student member serving on the
29    Board fails to continue to meet or  maintain  the  residency,
30    minimum   grade  point  average,  or  enrollment  requirement
31    established by this Section, his or  her  membership  on  the
32    Board shall be deemed to have terminated by operation of law.
33    Of  the  members  first appointed by the Governor, 4 shall be
 
SB1860 Enrolled            -103-              LRB9102178JMmbA
 1    appointed for terms to expire on the third Monday in January,
 2    1999, and 3 shall be appointed for terms  to  expire  on  the
 3    third  Monday  in  January,  2001.   If  the Senate is not in
 4    session on the effective  date  of  this  Article,  or  if  a
 5    vacancy in an appointive membership occurs at a time when the
 6    Senate  is  not in session, the Governor shall make temporary
 7    appointments until the next meeting of  the  Senate  when  he
 8    shall  nominate  persons  to  fill  such  memberships for the
 9    remainder of their respective terms. No more than  4  of  the
10    members  appointed  by  the Governor shall be affiliated with
11    the same  political  party.  Each  member  appointed  by  the
12    Governor must be a resident of this State.  A failure to meet
13    or   maintain   this   residency  requirement  constitutes  a
14    resignation from and creates a vacancy in the Board. Upon the
15    expiration of the terms of members appointed by the Governor,
16    their respective successors shall be appointed for terms of 6
17    years from the third Monday in January of  each  odd-numbered
18    year.  Any  members  appointed to the Board shall continue to
19    serve in such capacity until their successors  are  appointed
20    and qualified.
21    (Source:  P.A.  89-4,  eff.  1-1-96;  90-630,  eff.  7-24-98;
22    90-814, eff. 2-4-99.)

23        Section   270.  The  Illinois  State  University  Law  is
24    amended by changing Section 20-15 as follows:

25        (110 ILCS 675/20-15)
26        Sec. 20-15.  Membership;  terms;  vacancies.   The  Board
27    shall  consist  of 7 voting members appointed by the Governor
28    by and with the advice and consent of the Senate, and,  until
29    July  1, 2001, one voting member who is a student at Illinois
30    State University.  The student member serving on the Board on
31    the effective date of this amendatory Act of 1997 shall be  a
32    voting student member for the remainder of his or her term on
 
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 1    the  Board.   Beginning  on July 1, 2001, and thereafter, the
 2    student member of the Board shall be a nonvoting member.  The
 3    method  of  selecting the student member shall continue to be
 4    determined by a campus-wide student referendum.  The  student
 5    member  shall serve a term of one year beginning on July 1 of
 6    each year, except that the student member initially  selected
 7    shall  serve  a  term  beginning  on  the  date of his or her
 8    selection and expiring on the next succeeding June 30. To  be
 9    eligible  to  remain  as  a  student member of the Board, the
10    student member must be a resident of this  State,  must  have
11    and  maintain  a grade point average that is equivalent to at
12    least 2.5 on a 4.0 scale, and must be  a  full  time  student
13    enrolled at all times during his or her term of office except
14    for that part of the term which follows the completion of the
15    last  full  regular semester of an academic year and precedes
16    the first full regular semester of  the  succeeding  academic
17    year at the university (sometimes commonly referred to as the
18    summer  session  or  summer  school).   If  a  student member
19    serving on the Board fails to continue to  meet  or  maintain
20    the  residency,  minimum  grade  point average, or enrollment
21    requirement  established  by  this  Section,   his   or   her
22    membership on the Board shall be deemed to have terminated by
23    operation  of  law.  Of  the  members  first appointed by the
24    Governor, 4 shall be appointed for terms  to  expire  on  the
25    third  Monday  in January, 1999, and 3 shall be appointed for
26    terms to expire on the third Monday in January, 2001.  If the
27    Senate is not in  session  on  the  effective  date  of  this
28    Article,  or  if a vacancy in an appointive membership occurs
29    at a time when the Senate is not  in  session,  the  Governor
30    shall  make  temporary appointments until the next meeting of
31    the Senate when  he  shall  nominate  persons  to  fill  such
32    memberships  for  the remainder of their respective terms. No
33    more than 4 of the members appointed by the Governor shall be
34    affiliated  with  the  same  political  party.  Each   member
 
SB1860 Enrolled            -105-              LRB9102178JMmbA
 1    appointed  by  the Governor must be a resident of this State.
 2    A failure to meet  or  maintain  this  residency  requirement
 3    constitutes  a  resignation from and creates a vacancy in the
 4    Board. Upon the expiration of the terms of members  appointed
 5    by   the  Governor,  their  respective  successors  shall  be
 6    appointed for terms of 6  years  from  the  third  Monday  in
 7    January  of  each odd-numbered year. Any members appointed to
 8    the Board shall continue to  serve  in  such  capacity  until
 9    their successors are appointed and qualified.
10    (Source:  P.A.  89-4,  eff.  1-1-96;  90-630,  eff.  7-24-98;
11    90-814, eff. 2-4-99.)

12        Section 275.  The Northeastern Illinois University Law is
13    amended by changing Section 25-15 as follows:

14        (110 ILCS 680/25-15)
15        Sec.  25-15.  Membership;  terms;  vacancies.   The Board
16    shall consist of 9 voting members who are residents  of  this
17    State  and  are  appointed  by  the  Governor by and with the
18    advice and consent of the Senate, and, until  July  1,  2001,
19    one  voting  member who is a student at Northeastern Illinois
20    University.  The student member serving on the Board  on  the
21    effective  date  of  this  amendatory  Act of 1997 shall be a
22    voting student member for the remainder of his or her term on
23    the Board.  Beginning on July 1, 2001,  and  thereafter,  the
24    student  member  of  the  Board  shall be a nonvoting member.
25    Beginning with  the  1999-2000  academic  year,  the  student
26    member  shall  be  elected by a campus-wide referendum of all
27    students of the University. The student member shall serve  a
28    term  of  one  year  beginning on July 1 of each year, except
29    that  the  student  member  initially  selected  under   this
30    amendatory  Act  of  the  91st General Assembly shall serve a
31    term beginning on the  date  of  his  or  her  selection  and
32    expiring  on  the next succeeding June 30.  To be eligible to
 
SB1860 Enrolled            -106-              LRB9102178JMmbA
 1    remain as a student member of the Board, the  student  member
 2    must  be  a  resident of this State, must have and maintain a
 3    grade point average that is equivalent to at least 2.5  on  a
 4    4.0  scale,  and  must  be  a full time undergraduate student
 5    enrolled at all times during his or her term of office except
 6    for that part of the term which follows the completion of the
 7    last full regular semester of an academic year  and  precedes
 8    the  first  full  regular semester of the succeeding academic
 9    year at the university (sometimes commonly referred to as the
10    summer session  or  summer  school).   If  a  student  member
11    serving  on  the  Board fails to continue to meet or maintain
12    the residency, minimum grade  point  average,  or  enrollment
13    requirement   established   by   this  Section,  his  or  her
14    membership on the Board shall be deemed to have terminated by
15    operation of law. If any member of the Board appointed by the
16    Governor fails to continue to meet or maintain the  residency
17    requirement  established  by  this  Section,  he or she shall
18    resign membership on the Board within 30 days thereafter and,
19    failing submission of this resignation, his or her membership
20    on the Board shall be deemed to have terminated by  operation
21    of  law.  Of  the  members first appointed by the Governor, 4
22    shall be appointed for terms to expire on the third Monday in
23    January, 1999 and until their successors  are  appointed  and
24    qualified,  and  3  shall be appointed for terms to expire on
25    the third Monday in January, 2001 and until their  successors
26    are   appointed  and  qualified.  The  2  additional  members
27    appointed by the Governor, by and with the advice and consent
28    of the Senate, under this amendatory Act of the 91st  General
29    Assembly,  shall  not  be  from  the same political party and
30    shall be appointed for terms to expire on the third Monday in
31    January, 2003 and until their successors  are  appointed  and
32    qualified.  Any  vacancy in membership existing on January 1,
33    1999 shall be filled by appointment by the Governor, with the
34    advice and consent of the Senate, for a term to expire on the
 
SB1860 Enrolled            -107-              LRB9102178JMmbA
 1    third Monday in January,  2003.  If  the  Senate  is  not  in
 2    session  on  the  effective  date  of  this  Article, or if a
 3    vacancy in an appointive membership occurs at a time when the
 4    Senate is not in session, the Governor shall  make  temporary
 5    appointments   to  fill  the  vacancy.   Members  with  these
 6    temporary appointments shall be  deemed  qualified  to  serve
 7    upon  appointment  and shall continue to serve until the next
 8    meeting of the Senate when the Governor shall appoint persons
 9    to fill such memberships, by and with the advice and  consent
10    of  the  Senate, for the remainder of their respective terms.
11    No more than 5 of the members appointed by the Governor shall
12    be affiliated with the  same  political  party.  Each  member
13    appointed  by  the Governor must be a resident of this State.
14    A failure to meet  or  maintain  this  residency  requirement
15    constitutes  a  resignation from and creates a vacancy in the
16    Board. Upon the expiration of the terms of members  appointed
17    by  the Governor for other than temporary appointments, their
18    respective successors shall be appointed,  by  and  with  the
19    advice  and  consent of the Senate, for terms of 6 years from
20    the third Monday in January of each  odd-numbered  year.  Any
21    members  appointed  to  the  Board shall continue to serve in
22    such  capacity  until  their  successors  are  appointed  and
23    qualified.
24    (Source: P.A. 90-630,  eff.  7-24-98;  90-814,  eff.  2-4-99;
25    91-565, 8-14-99.)

26        Section  280.  The  Northern  Illinois  University Law is
27    amended by changing Section 30-15 as follows:

28        (110 ILCS 685/30-15)
29        Sec. 30-15.  Membership;  terms;  vacancies.   The  Board
30    shall  consist  of 7 voting members appointed by the Governor
31    by and with the advice and consent of the Senate, and,  until
32    July  1, 2001, one voting member who is a student at Northern
 
SB1860 Enrolled            -108-              LRB9102178JMmbA
 1    Illinois University.  The student member serving on the Board
 2    on the effective date of this amendatory Act of 1997 shall be
 3    a voting student member for the remainder of his or her  term
 4    on the Board.  Beginning on July 1, 2001, and thereafter, the
 5    student  member of the Board shall be a nonvoting member. The
 6    method of selecting the student member shall continue  to  be
 7    determined  by  a campus-wide student referendum. The student
 8    member shall serve a term of one year beginning on July 1  of
 9    each  year, except that the student member initially selected
10    shall serve a term beginning  on  the  date  of  his  or  her
11    selection  and expiring on the next succeeding June 30. To be
12    eligible to remain as a student  member  of  the  Board,  the
13    student  member  must  be a resident of this State, must have
14    and maintain a grade point average that is equivalent  to  at
15    least  2.5  on  a  4.0 scale, and must be a full time student
16    enrolled at all times during his or her term of office except
17    for that part of the term which follows the completion of the
18    last full regular semester of an academic year  and  precedes
19    the  first  full  regular semester of the succeeding academic
20    year at the university (sometimes commonly referred to as the
21    summer session  or  summer  school).   If  a  student  member
22    serving  on  the  Board fails to continue to meet or maintain
23    the residency, minimum grade  point  average,  or  enrollment
24    requirement   established   by   this  Section,  his  or  her
25    membership on the Board shall be deemed to have terminated by
26    operation of law. Of  the  members  first  appointed  by  the
27    Governor,  4  shall  be  appointed for terms to expire on the
28    third Monday in January, 1999, and 3 shall be  appointed  for
29    terms to expire on the third Monday in January, 2001.  If the
30    Senate  is  not  in  session  on  the  effective date of this
31    Article, or if a vacancy in an appointive  membership  occurs
32    at  a  time  when  the Senate is not in session, the Governor
33    shall make temporary appointments until the next  meeting  of
34    the  Senate  when  he  shall  nominate  persons  to fill such
 
SB1860 Enrolled            -109-              LRB9102178JMmbA
 1    memberships for the remainder of their respective  terms.  No
 2    more than 4 of the members appointed by the Governor shall be
 3    affiliated   with  the  same  political  party.  Each  member
 4    appointed by the Governor must be a resident of  this  State.
 5    A  failure  to  meet  or  maintain this residency requirement
 6    constitutes a resignation from and creates a vacancy  in  the
 7    Board.  Upon the expiration of the terms of members appointed
 8    by  the  Governor,  their  respective  successors  shall   be
 9    appointed  for  terms  of  6  years  from the third Monday in
10    January of each odd-numbered year. Any members  appointed  to
11    the  Board  shall  continue  to  serve in such capacity until
12    their successors are appointed and qualified.
13    (Source:  P.A.  89-4,  eff.  1-1-96;  90-630,  eff.  7-24-98;
14    90-814, eff. 2-4-99.)

15        Section 285.  The  Western  Illinois  University  Law  is
16    amended by changing Section 35-15 as follows:

17        (110 ILCS 690/35-15)
18        Sec.  35-15.  Membership;  terms;  vacancies.   The Board
19    shall consist of 7 voting members appointed by  the  Governor
20    by  and with the advice and consent of the Senate, and, until
21    July 1, 2001, one voting member who is a student  at  Western
22    Illinois University.  The student member serving on the Board
23    on the effective date of this amendatory Act of 1997 shall be
24    a  voting student member for the remainder of his or her term
25    on the Board.  Beginning on July  1,  2001,  and  thereafter,
26    the  student member of the Board shall be a nonvoting member.
27    The method of selecting the student member shall continue  to
28    be  determined  by  a  campus-wide  student  referendum.  The
29    student  member  shall  serve a term of one year beginning on
30    July 1 of each year, except that the student member initially
31    selected shall serve a term beginning on the date of  his  or
32    her selection and expiring on the next succeeding June 30. To
 
SB1860 Enrolled            -110-              LRB9102178JMmbA
 1    be  eligible  to remain as a student member of the Board, the
 2    student member must be a resident of this  State,  must  have
 3    and  maintain  a grade point average that is equivalent to at
 4    least 2.5 on a 4.0 scale, and must be  a  full  time  student
 5    enrolled at all times during his or her term of office except
 6    for that part of the term which follows the completion of the
 7    last  full  regular semester of an academic year and precedes
 8    the first full regular semester of  the  succeeding  academic
 9    year at the university (sometimes commonly referred to as the
10    summer  session  or  summer  school).   If  a  student member
11    serving on the Board fails to continue to  meet  or  maintain
12    the  residency,  minimum  grade  point average, or enrollment
13    requirement  established  by  this  Section,   his   or   her
14    membership on the Board shall be deemed to have terminated by
15    operation  of  law.  Of  the  members  first appointed by the
16    Governor, 4 shall be appointed for terms  to  expire  on  the
17    third  Monday  in January, 1999, and 3 shall be appointed for
18    terms to expire on the third Monday in January, 2001.  If the
19    Senate is not in  session  on  the  effective  date  of  this
20    Article,  or  if a vacancy in an appointive membership occurs
21    at a time when the Senate is not  in  session,  the  Governor
22    shall  make  temporary appointments until the next meeting of
23    the Senate when  he  shall  nominate  persons  to  fill  such
24    memberships  for  the remainder of their respective terms. No
25    more than 4 of the members appointed by the Governor shall be
26    affiliated  with  the  same  political  party.  Each   member
27    appointed  by  the Governor must be a resident of this State.
28    A failure to meet  or  maintain  this  residency  requirement
29    constitutes  a  resignation from and creates a vacancy in the
30    Board. Upon the expiration of the terms of members  appointed
31    by   the  Governor,  their  respective  successors  shall  be
32    appointed for terms of 6  years  from  the  third  Monday  in
33    January  of  each odd-numbered year. Any members appointed to
34    the Board shall continue to  serve  in  such  capacity  until
 
SB1860 Enrolled            -111-              LRB9102178JMmbA
 1    their successors are appointed and qualified.
 2    (Source:  P.A.  89-4,  eff.  1-1-96;  90-630,  eff.  7-24-98;
 3    90-814, eff. 2-4-99.)

 4        Section  290.  The Departments of State Government Law of
 5    the Civil Administrative  Code  of  Illinois  is  amended  by
 6    changing Section 5-405 as follows:

 7        (20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
 8        Sec.  5-405.  In the Department of Revenue.  The Director
 9    of Revenue shall receive an  annual  salary  as  set  by  the
10    Governor  from  time  to  time  or as set by the Compensation
11    Review Board, whichever is greater.
12        The Assistant Director of Revenue shall receive an annual
13    salary as set by the Governor from time to time or as set  by
14    the Compensation Review Board, whichever is greater.
15        Beginning July 1, 1990, the annual salary of the Taxpayer
16    Ombudsman  shall  be  the  greater  of  an  amount set by the
17    Compensation Review Board or $69,000, adjusted  each  July  1
18    thereafter by a percentage increase equivalent to that of the
19    "Employment Cost Index, Wages and Salaries, By Occupation and
20    Industry Groups:  State and Local Government Workers:  Public
21    Administration"   as   published   by  the  Bureau  of  Labor
22    Statistics of the U.S. Department of Labor for  the  calendar
23    year  immediately  preceding  the year of the respective July
24    1st increase date, the increase to be no less than  zero  nor
25    greater  than  5%  and to be added to the then current annual
26    salary.
27    (Source: P.A.  91-25,  eff.  6-9-99;   91-239,  eff.  1-1-00;
28    revised 8-1-99.)

29        Section  295.   The Personnel Code is amended by changing
30    Section 7d as follows:
 
SB1860 Enrolled            -112-              LRB9102178JMmbA
 1        (20 ILCS 415/7d) (from Ch. 127, par. 63b107d)
 2        Sec. 7d. Compensation. The  chairman  shall  be  paid  an
 3    annual  salary  of  $8,200  from the third Monday in January,
 4    1979 to the third Monday in January, 1980;  $8,700  from  the
 5    third Monday in January, 1980 to the third Monday in January,
 6    1981;  $9,300  from  the third Monday in January, 1981 to the
 7    third Monday in January 1982;, and  $10,000  from  the  third
 8    Monday  in  January,  1982  to  the  effective  date  of this
 9    amendatory Act of the  91st  General  Assembly;  and  $25,000
10    thereafter,  or  as  set  by  the  Compensation Review Board,
11    whichever is greater. Other members of the  Commission  shall
12    each be paid an annual salary of $5,500 from the third Monday
13    in January, 1979 to the third Monday in January, 1980; $6,000
14    from the third Monday in January, 1980 to the third Monday in
15    January,  1981; $6,500 from the third Monday in January, 1981
16    to the third Monday in January, 1982;, and  $7,500  from  the
17    third  Monday  in January, 1982 to the effective date of this
18    amendatory Act of the  91st  General  Assembly;  and  $20,000
19    thereafter,  or  as  set  by  the  Compensation Review Board,
20    whichever is greater. They shall be entitled to reimbursement
21    for  necessary  traveling  and  other  official  expenditures
22    necessitated by their official duties.
23    (Source: P.A. 83-1177.)

24        Section 300.  The State Fire Marshal Act  is  amended  by
25    changing Section 1 as follows:

26        (20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
27        Sec.  1.  There is hereby created the Office of the State
28    Fire Marshal, hereinafter referred to as the Office.
29        The Office shall be under an executive director who shall
30    be appointed by the Governor with the advice and  consent  of
31    the Senate.
32        The  executive  director  of the Office shall be known as
 
SB1860 Enrolled            -113-              LRB9102178JMmbA
 1    the State Fire Marshal and shall receive an annual salary  as
 2    set by the Governor from time to time $70,197 per year, or as
 3    an  amount set by the Compensation Review Board, whichever is
 4    greater. If set by the Governor, the annual  salary  may  not
 5    exceed 85% of the annual salary of the Governor.
 6        The  Office  of  the  State  Fire  Marshal  shall  have a
 7    Division of Fire Prevention which shall assume the duties  of
 8    the   Division   of   Fire   Prevention,  Department  of  Law
 9    Enforcement,  and  a  Division  of  Personnel  Standards  and
10    Education which shall assume  the  duties  of  Illinois  Fire
11    Protection  Personnel  Standards  and  Education  Commission.
12    Each Division shall be headed by a deputy State Fire Marshal.
13    The  deputy State Fire Marshals shall be employed by the Fire
14    Marshal,  subject  to  the  Personnel  Code,  and  shall   be
15    responsible to the Fire Marshal.
16    (Source: P.A. 89-703, eff. 1-17-97.)

17        (220 ILCS 5/Art. XI rep.)
18        Section  305.   The  Public  Utilities  Act is amended by
19    repealing Article XI.

20        Section 999.  Effective date.  This Act takes  effect  30
21    days after becoming law.

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