Sen. Don Harmon
Filed: 1/10/2023
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| 1 | AMENDMENT TO HOUSE BILL 1563
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| 2 | AMENDMENT NO. ______. Amend House Bill 1563 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 10. The Civil Administrative Code of Illinois is | ||||||
| 5 | amended by changing Section 5-200 as follows:
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| 6 | (20 ILCS 5/5-200) (was 20 ILCS 5/7.11)
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| 7 | Sec. 5-200. Director of Aging. The Director of Aging shall | ||||||
| 8 | be a senior citizen, as that term is
defined
in the Illinois | ||||||
| 9 | Act on the Aging, who has sufficient experience in
providing | ||||||
| 10 | services to the aging or shall be an individual who has actual | ||||||
| 11 | experience in providing services to senior citizens.
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| 12 | (Source: P.A. 91-239, eff. 1-1-00.)
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| 13 | Section 25. The Illinois Act on the Aging is amended by | ||||||
| 14 | changing Section 7.01 as follows:
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| 1 | (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
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| 2 | Sec. 7.01.
The Council shall consist of 31 voting members, | ||||||
| 3 | including: two Senators
appointed by the President of the | ||||||
| 4 | Senate; two Senators appointed by the
Senate Minority Leader; | ||||||
| 5 | two Representatives appointed by the Speaker of the
House of | ||||||
| 6 | Representatives; two Representatives appointed by the House
| ||||||
| 7 | Minority Leader; and twenty three citizen members, at least | ||||||
| 8 | sixteen of whom
shall be senior citizens or have actual | ||||||
| 9 | experience in providing services to senior citizens. Of the | ||||||
| 10 | citizen members, at least 7 shall represent underrepresented | ||||||
| 11 | communities as follows:
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| 12 | (1) one member who is a lesbian, gay, bisexual, or | ||||||
| 13 | queer individual; | ||||||
| 14 | (2) one member who is a transgender or | ||||||
| 15 | gender-expansive individual; | ||||||
| 16 | (3) one member who is a person living with HIV; | ||||||
| 17 | (4) one member who is an African-American or Black | ||||||
| 18 | individual; | ||||||
| 19 | (5) one member who is a Hispanic or Latino individual; | ||||||
| 20 | (6) one member who is an Asian-American or Pacific | ||||||
| 21 | Islander individual; and | ||||||
| 22 | (7) one member who is an ethnically diverse | ||||||
| 23 | individual. | ||||||
| 24 | (Source: P.A. 102-885, eff. 5-16-22.)
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| 25 | Section 30. The Department of Central Management Services | ||||||
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| 1 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
| 2 | changing Section 405-413 as follows:
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| 3 | (20 ILCS 405/405-413) | ||||||
| 4 | Sec. 405-413. Geographic consolidation of State employment | ||||||
| 5 | positions. | ||||||
| 6 | (a) Notwithstanding any other law to the contrary, it is | ||||||
| 7 | recognized that the Director of Central Management Services, | ||||||
| 8 | working in consultation with the Director of any affected | ||||||
| 9 | State agency, shall direct the relocation to Sangamon County | ||||||
| 10 | is the preferred location of all State employment positions | ||||||
| 11 | under the Personnel Code that are not required by their nature | ||||||
| 12 | or function to be located in a specific geographic area. | ||||||
| 13 | (b) (Blank). Notwithstanding any other law to the | ||||||
| 14 | contrary, the Director of Central Management Services, working | ||||||
| 15 | in consultation with the Director of any affected State | ||||||
| 16 | agency, shall direct all new State employment positions which | ||||||
| 17 | may be created under the Personnel Code, and which are not | ||||||
| 18 | required by their nature or function to be located in a | ||||||
| 19 | specific geographic area, to be located in Sangamon County. | ||||||
| 20 | (c) The Director shall determine a geographic location for | ||||||
| 21 | each State employment position taking into consideration a | ||||||
| 22 | variety of factors, including, but not limited to, and, if it | ||||||
| 23 | is other than Sangamon County, the reason for it to be in that | ||||||
| 24 | geographic location. In determining whether to locate or | ||||||
| 25 | relocate a State employment position to Sangamon County, the | ||||||
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| 1 | Director shall consult the Director of any affected State | ||||||
| 2 | agency as to whether the nature or function of a position, | ||||||
| 3 | whether the position is well-suited for telework or a similar | ||||||
| 4 | arrangement, where a diverse and equitable applicant pool | ||||||
| 5 | exists, the preference for State employment positions to be | ||||||
| 6 | located in Sangamon County, and other similar factors that | ||||||
| 7 | should determine the geographic location of a State employment | ||||||
| 8 | position. requires it to be located in a specific geographic | ||||||
| 9 | area of the State. If no such geographic necessity exists, | ||||||
| 10 | that position shall be located or relocated to Sangamon | ||||||
| 11 | County. | ||||||
| 12 | (d) The rights of employees and the State and its agencies | ||||||
| 13 | under the Personnel Code and applicable collective bargaining | ||||||
| 14 | agreements with respect to the relocation of current State | ||||||
| 15 | employee position holders shall not be affected by the | ||||||
| 16 | provisions of this Section. The provisions of this Section | ||||||
| 17 | regarding location or relocation of a position to Sangamon | ||||||
| 18 | County shall apply only to State employment positions that | ||||||
| 19 | become vacant or are created on or after the effective date of | ||||||
| 20 | this amendatory Act of the 100th General Assembly. | ||||||
| 21 | (e) The provisions of this Section do not apply to: (1) any | ||||||
| 22 | office of the legislative or judicial branch; (2) Statewide | ||||||
| 23 | offices under the jurisdiction of any executive branch | ||||||
| 24 | constitutional officer other than the Governor; or (3) persons | ||||||
| 25 | employed directly by the Office of the Governor. This Section | ||||||
| 26 | does apply to departments and agencies of State government | ||||||
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| 1 | under the jurisdiction of the Governor other than persons | ||||||
| 2 | employed directly by the Office of the Governor.
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| 3 | (Source: P.A. 100-742, eff. 8-9-18.)
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| 4 | Section 45. The Department of Public Health Powers and | ||||||
| 5 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 6 | amended by changing Section 2310-347 as follows:
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| 7 | (20 ILCS 2310/2310-347)
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| 8 | Sec. 2310-347. The Carolyn Adams Ticket For The Cure | ||||||
| 9 | Board. | ||||||
| 10 | (a) The Carolyn Adams Ticket For The Cure Board is created | ||||||
| 11 | as an advisory board within the Department. Until 30 days | ||||||
| 12 | after the effective date of this amendatory Act of the 97th | ||||||
| 13 | General Assembly, the Board may consist of 10 members as | ||||||
| 14 | follows: 2 members appointed by the President of the Senate; 2 | ||||||
| 15 | members appointed by the Minority Leader of the Senate; 2 | ||||||
| 16 | members appointed by the Speaker of the House of | ||||||
| 17 | Representatives; 2 members appointed by the Minority Leader of | ||||||
| 18 | the House of Representatives; and 2 members appointed by the | ||||||
| 19 | Governor with the advice and consent of the Senate, one of whom | ||||||
| 20 | shall be designated as chair of the Board at the time of | ||||||
| 21 | appointment. | ||||||
| 22 | (a-5) Notwithstanding any provision of this Article to the | ||||||
| 23 | contrary, the term of office of each current Board member ends | ||||||
| 24 | 30 days after the effective date of this amendatory Act of the | ||||||
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| 1 | 97th General Assembly or when his or her successor is | ||||||
| 2 | appointed and qualified, whichever occurs sooner. No later | ||||||
| 3 | than 30 days after the effective date of this amendatory Act of | ||||||
| 4 | the 97th General Assembly, the Board shall consist of 10 newly | ||||||
| 5 | appointed members. Four of the Board members shall be members | ||||||
| 6 | of the General Assembly and appointed as follows: one member | ||||||
| 7 | appointed by the President of the Senate; one member appointed | ||||||
| 8 | by the Minority Leader of the Senate; one member appointed by | ||||||
| 9 | the Speaker of the House of Representatives; and one member | ||||||
| 10 | appointed by the Minority Leader of the House of | ||||||
| 11 | Representatives. | ||||||
| 12 | Six of the Board members shall be appointed by the | ||||||
| 13 | Director of the Department of Public Health, who shall | ||||||
| 14 | designate one of these appointed members as chair of the Board | ||||||
| 15 | at the time of his or her appointment. These 6 members | ||||||
| 16 | appointed by the Director shall reflect the population with | ||||||
| 17 | regard to ethnic, racial, and geographical composition and | ||||||
| 18 | shall include the following individuals: one breast cancer | ||||||
| 19 | survivor; one physician specializing in breast cancer or | ||||||
| 20 | related medical issues; one breast cancer researcher; one | ||||||
| 21 | representative from a breast cancer organization; one | ||||||
| 22 | individual who operates a patient navigation program at a | ||||||
| 23 | major hospital or health system; and one breast cancer | ||||||
| 24 | professional that may include, but not be limited to, a | ||||||
| 25 | genetics counselor, a social worker, a detain, an occupational | ||||||
| 26 | therapist, or a nurse. | ||||||
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| 1 | A Board member whose term has expired may continue to | ||||||
| 2 | serve until a successor is appointed. A Board member who is not | ||||||
| 3 | a member of the General Assembly may serve 2 consecutive | ||||||
| 4 | 3-year terms and shall not be reappointed for 3 years after the | ||||||
| 5 | completion of those consecutive terms. | ||||||
| 6 | (b) Board members shall serve without compensation but may | ||||||
| 7 | be reimbursed for their reasonable travel expenses incurred in | ||||||
| 8 | performing their duties from funds available for that purpose. | ||||||
| 9 | The Department shall provide staff and administrative support | ||||||
| 10 | services to the Board. | ||||||
| 11 | (c) The Board may advise: | ||||||
| 12 | (i) the Department of Revenue in designing and | ||||||
| 13 | promoting the Carolyn Adams Ticket For The Cure special | ||||||
| 14 | instant scratch-off lottery game; | ||||||
| 15 | (ii) the Department in reviewing grant applications; | ||||||
| 16 | and | ||||||
| 17 | (iii) the Director on the final award of grants from | ||||||
| 18 | amounts appropriated from the Carolyn Adams Ticket For The | ||||||
| 19 | Cure Grant Fund, to public or private entities in Illinois | ||||||
| 20 | that reflect the population with regard to ethnic, racial, | ||||||
| 21 | and geographic geographical composition for the purpose of | ||||||
| 22 | funding breast cancer research and supportive services for | ||||||
| 23 | breast cancer survivors and those impacted by breast | ||||||
| 24 | cancer and breast cancer education. In awarding grants, | ||||||
| 25 | the Department shall consider criteria that includes, but | ||||||
| 26 | is not limited to, projects and initiatives that address | ||||||
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| 1 | disparities in incidence and mortality rates of breast | ||||||
| 2 | cancer, based on data from the Illinois Cancer Registry, | ||||||
| 3 | and populations facing barriers to care in accordance with | ||||||
| 4 | Section 21.5 of the Illinois Lottery Law. | ||||||
| 5 | (c-5) The Department shall submit a report to the Governor | ||||||
| 6 | and the General Assembly by December 31 of each year. The | ||||||
| 7 | report shall provide a summary of the Carolyn Adams Ticket for | ||||||
| 8 | the Cure lottery ticket sales, grants awarded, and the | ||||||
| 9 | accomplishments of the grantees. | ||||||
| 10 | (d) The Board is discontinued on June 30, 2027.
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| 11 | (Source: P.A. 99-917, eff. 12-30-16.)
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| 12 | Section 55. The Illinois Criminal Justice Information Act | ||||||
| 13 | is amended by changing Section 4 as follows:
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| 14 | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) | ||||||
| 15 | Sec. 4. Illinois Criminal Justice Information Authority; | ||||||
| 16 | creation,
membership, and meetings. There is created an | ||||||
| 17 | Illinois Criminal Justice
Information Authority consisting of | ||||||
| 18 | 25 members. The membership of
the
Authority shall consist of: | ||||||
| 19 | (1) the Illinois Attorney General, or the Illinois | ||||||
| 20 | Attorney General's his or her
designee; , | ||||||
| 21 | (2) the Director of Corrections or the Director's | ||||||
| 22 | designee; , | ||||||
| 23 | (3) the Director
of the Illinois State Police or the | ||||||
| 24 | Director's designee; , | ||||||
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| 1 | (4) the Director of Public Health or the Director's | ||||||
| 2 | designee; , | ||||||
| 3 | (5) the Director of Children and Family Services or | ||||||
| 4 | the Director's designee; , | ||||||
| 5 | (6) the Sheriff of Cook County or the Sheriff's | ||||||
| 6 | designee; , | ||||||
| 7 | (7) the
State's Attorney of Cook County or the State's | ||||||
| 8 | Attorney's designee; , | ||||||
| 9 | (8) the clerk of the circuit court of Cook
County or | ||||||
| 10 | the clerk's designee; , | ||||||
| 11 | (9) the President of the Cook County Board of | ||||||
| 12 | Commissioners or the President's designee; , | ||||||
| 13 | (10) the Superintendent of the Chicago Police
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| 14 | Department or the Superintendent's designee; , | ||||||
| 15 | (11) the Director of the Office of the State's | ||||||
| 16 | Attorneys Appellate
Prosecutor or the Director's | ||||||
| 17 | designee; , | ||||||
| 18 | (12) the Executive Director of the Illinois Law | ||||||
| 19 | Enforcement Training
Standards Board or the Executive | ||||||
| 20 | Director's designee; , | ||||||
| 21 | (13) the State Appellate Defender or the State | ||||||
| 22 | Appellate Defender's designee; , | ||||||
| 23 | (14) the Public Defender of Cook County or the Public | ||||||
| 24 | Defender's designee; , and | ||||||
| 25 | (15) the following additional
members, each of whom
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| 26 | shall be appointed by the Governor: | ||||||
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| 1 | (A) a circuit court clerk; , | ||||||
| 2 | (B) a sheriff; ,
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| 3 | (C) a State's Attorney of a
county other than | ||||||
| 4 | Cook; , | ||||||
| 5 | (D) a Public Defender of a county other than | ||||||
| 6 | Cook; , | ||||||
| 7 | (E) a chief of police; , and | ||||||
| 8 | (F) 6 members of the
general public. | ||||||
| 9 | Members appointed on and after the effective date of this | ||||||
| 10 | amendatory Act of the 98th General Assembly shall be confirmed | ||||||
| 11 | by the Senate. | ||||||
| 12 | The Governor from time to time shall designate a Chairman | ||||||
| 13 | of the Authority
from the membership. All members of the | ||||||
| 14 | Authority appointed by the Governor
shall serve at the | ||||||
| 15 | pleasure of the Governor for a term not to exceed 4 years.
The | ||||||
| 16 | initial appointed members of the Authority shall serve from | ||||||
| 17 | January,
1983 until the third Monday in January, 1987 or until | ||||||
| 18 | their successors are
appointed. | ||||||
| 19 | The Authority shall meet at least quarterly, and all | ||||||
| 20 | meetings of the
Authority shall be called by the Chairman. | ||||||
| 21 | (Source: P.A. 102-538, eff. 8-20-21.)
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| 22 | Section 60. The Blue-Ribbon Commission on Transportation | ||||||
| 23 | Infrastructure and Policy Act is amended by changing Sections | ||||||
| 24 | 10, 15, 25, and 30 as follows:
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| 1 | (20 ILCS 4116/10) | ||||||
| 2 | (Section scheduled to be repealed on February 1, 2023)
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| 3 | Sec. 10. Commission created. | ||||||
| 4 | (a) The Blue-Ribbon Commission on Transportation | ||||||
| 5 | Infrastructure Funding and Policy is created within the | ||||||
| 6 | Department of Transportation consisting of members appointed | ||||||
| 7 | as follows: | ||||||
| 8 | (1) Four members of the House of Representatives, with | ||||||
| 9 | 2 to be appointed by the Speaker of the House of | ||||||
| 10 | Representatives and 2 to be appointed by the Minority | ||||||
| 11 | Leader of the House of Representatives. | ||||||
| 12 | (2) Four members of the Senate, with 2 to be appointed | ||||||
| 13 | by the President of the Senate and 2 to be appointed by the | ||||||
| 14 | Minority Leader of the Senate. | ||||||
| 15 | (3) Eight members appointed by the Governor with the | ||||||
| 16 | advice and consent of the Senate. | ||||||
| 17 | (4) The chair of the Commission to be appointed by the | ||||||
| 18 | Governor from among his 8 appointments. | ||||||
| 19 | (b) Members shall have expertise, knowledge, or experience | ||||||
| 20 | in transportation infrastructure development, construction, | ||||||
| 21 | workforce, or policy. Members shall also represent a diverse | ||||||
| 22 | set of sectors, including the labor, engineering, | ||||||
| 23 | construction, transit, active transportation, rail, air, or | ||||||
| 24 | other sectors, and shall include participants of the | ||||||
| 25 | Disadvantaged Business Enterprise Program. No more than 2 | ||||||
| 26 | appointees shall be members of the same sector. | ||||||
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| 1 | (c) Members shall represent geographically diverse regions | ||||||
| 2 | of the State. | ||||||
| 3 | (d) Members shall be appointed by January 31, 2023 May 31, | ||||||
| 4 | 2022.
| ||||||
| 5 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
| 6 | (20 ILCS 4116/15) | ||||||
| 7 | (Section scheduled to be repealed on February 1, 2023)
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| 8 | Sec. 15. Meetings. The Commission shall hold its first | ||||||
| 9 | meeting by February 15, 2023 within 2 months from the | ||||||
| 10 | effective date of this Act. The Commission may conduct | ||||||
| 11 | meetings at such places and at such times as it may deem | ||||||
| 12 | necessary or convenient to enable it to exercise fully and | ||||||
| 13 | effectively its powers, perform its duties, and accomplish its | ||||||
| 14 | objectives and purposes.
| ||||||
| 15 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
| 16 | (20 ILCS 4116/25) | ||||||
| 17 | (Section scheduled to be repealed on February 1, 2023)
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| 18 | Sec. 25. Report. The Commission shall direct the Illinois | ||||||
| 19 | Department of Transportation to enter into a contract with a | ||||||
| 20 | third party to assist the Commission in producing a document | ||||||
| 21 | that evaluates the topics under this Act and outline formal | ||||||
| 22 | recommendations that can be acted upon by the General | ||||||
| 23 | Assembly. The Commission shall report a summary of its | ||||||
| 24 | activities and produce a final report of the data, findings, | ||||||
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| 1 | and recommendations to the General Assembly by September 15, | ||||||
| 2 | 2023 January 31, 2023. The final report shall include | ||||||
| 3 | specific, actionable recommendations for legislation and | ||||||
| 4 | organizational adjustments. The final report may include | ||||||
| 5 | recommendations for pilot programs to test alternatives. The | ||||||
| 6 | final report and recommendations shall also include any | ||||||
| 7 | minority and individual views of task force members.
| ||||||
| 8 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
| 9 | (20 ILCS 4116/30) | ||||||
| 10 | (Section scheduled to be repealed on February 1, 2023)
| ||||||
| 11 | Sec. 30. Repeal. This Commission is dissolved, and this | ||||||
| 12 | Act is repealed, on September 30, 2023 February 1, 2023.
| ||||||
| 13 | (Source: P.A. 102-988, eff. 5-27-22.)
| ||||||
| 14 | Section 65. The Renewable Energy Component Recycling Task | ||||||
| 15 | Force Act is amended by changing Section 10 as follows:
| ||||||
| 16 | (20 ILCS 4118/10) | ||||||
| 17 | (Section scheduled to be repealed on December 31, 2025)
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| 18 | Sec. 10. The Renewable Energy Component Recycling Task | ||||||
| 19 | Force.
| ||||||
| 20 | (a) The Renewable Energy Component Recycling Task Force, | ||||||
| 21 | hereinafter referred to as the REC Recycling Task Force, is | ||||||
| 22 | hereby established.
| ||||||
| 23 | (b) The REC Recycling Task Force shall consist of the | ||||||
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| 1 | following members:
| ||||||
| 2 | (1) The Director of the Environmental Protection | ||||||
| 3 | Agency or his or her designee;
| ||||||
| 4 | (2) The Chair of the Illinois Commerce Commission or | ||||||
| 5 | his or her designee;
| ||||||
| 6 | (3) The Director of the Illinois Power Agency or his | ||||||
| 7 | or her designee;
| ||||||
| 8 | (4) Four members appointed by the Governor, including | ||||||
| 9 | one representing a solid waste disposal organization, one | ||||||
| 10 | representing a renewable energy organization, and one | ||||||
| 11 | representing an environmental advocacy organization;
| ||||||
| 12 | (5) Two members appointed by the President of the | ||||||
| 13 | Senate, one representing a solid waste disposal | ||||||
| 14 | organization and one representing a renewable energy | ||||||
| 15 | organization;
| ||||||
| 16 | (6) Two members appointed by the Minority Leader of | ||||||
| 17 | the Senate, one representing a solid waste disposal | ||||||
| 18 | organization and one representing a renewable energy | ||||||
| 19 | organization;
| ||||||
| 20 | (7) Two members appointed by the Speaker of the House | ||||||
| 21 | of Representatives, one representing a solid waste | ||||||
| 22 | disposal organization and one representing a renewable | ||||||
| 23 | energy organization; and
| ||||||
| 24 | (8) Two members appointed by the Minority Leader of | ||||||
| 25 | the House of Representatives, one representing a solid | ||||||
| 26 | waste disposal organization and one representing a | ||||||
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| |||||||
| 1 | renewable energy organization.
| ||||||
| 2 | (c) The REC Recycling Task Force shall meet at the call of | ||||||
| 3 | the Chair at least quarterly to fulfill its duties under this | ||||||
| 4 | Act. At the first meeting of the REC Recycling Task Force, the | ||||||
| 5 | Task Force shall elect from among its members a Chair and such | ||||||
| 6 | other officers as it may choose.
| ||||||
| 7 | (d) The Environmental Protection Agency shall coordinate | ||||||
| 8 | meetings for and provide other logistical assistance to the | ||||||
| 9 | REC Recycling Task Force. The Agency may, upon request by the | ||||||
| 10 | Task Force, arrange to have outside experts provide research | ||||||
| 11 | assistance, technical support, and assistance in the | ||||||
| 12 | preparation of reports for the REC Recycling Task Force. | ||||||
| 13 | Notwithstanding any law to the contrary, the Environmental | ||||||
| 14 | Protection Agency may use moneys from the Solid Waste | ||||||
| 15 | Management Fund to fulfill its obligations under this Section, | ||||||
| 16 | including any obligation it may have to arrange to have | ||||||
| 17 | outside experts provide support and assistance to the Task | ||||||
| 18 | Force pursuant to this subsection. | ||||||
| 19 | (e) Members of the REC Recycling Task Force shall serve | ||||||
| 20 | without compensation, but the Task Force may, within the | ||||||
| 21 | limits of any funds appropriated or otherwise made available | ||||||
| 22 | to it, reimburse its members for actual and necessary expenses | ||||||
| 23 | incurred in the discharge of their Task Force duties.
| ||||||
| 24 | (Source: P.A. 102-1025, eff. 5-27-22.)
| ||||||
| 25 | Section 70. The Illinois Indian American Advisory Council | ||||||
| |||||||
| |||||||
| 1 | Act is amended by changing Section 1, 5, 10, 15, 20, and 25 as | ||||||
| 2 | follows:
| ||||||
| 3 | (20 ILCS 4120/1)
| ||||||
| 4 | Sec. 1. Short title. This Act may be cited as the Illinois | ||||||
| 5 | South Asian Indian American Advisory Council Act.
| ||||||
| 6 | (Source: P.A. 102-1058, eff. 1-1-23.)
| ||||||
| 7 | (20 ILCS 4120/5)
| ||||||
| 8 | Sec. 5. Definitions.
As used in this Act:
| ||||||
| 9 | "South Asian" "Indian" means a person descended from any | ||||||
| 10 | of the countries of the South Asian subcontinent that are not | ||||||
| 11 | primarily Muslim in character, including India, Bhutan, Nepal, | ||||||
| 12 | and Sri Lanka.
| ||||||
| 13 | "Council" means the Illinois South Asian Indian American | ||||||
| 14 | Advisory Council created by this Act.
| ||||||
| 15 | (Source: P.A. 102-1058, eff. 1-1-23.)
| ||||||
| 16 | (20 ILCS 4120/10)
| ||||||
| 17 | Sec. 10. Illinois South Asian Indian American Advisory | ||||||
| 18 | Council. There is hereby created the Illinois South Asian | ||||||
| 19 | Indian American Advisory Council. The purpose of the Council | ||||||
| 20 | is to advise the Governor and the General Assembly on policy | ||||||
| 21 | issues impacting South Asian Indian Americans and immigrants; | ||||||
| 22 | to advance the role and civic participation of South Asian | ||||||
| 23 | Indian Americans in this State; to enhance trade and | ||||||
| |||||||
| |||||||
| 1 | cooperation between South Asian Indian-majority countries and | ||||||
| 2 | this State; and, in cooperation with State agencies, boards, | ||||||
| 3 | and commissions, to build relationships with and disseminate | ||||||
| 4 | information to South Asian Indian American and immigrant | ||||||
| 5 | communities across this State.
| ||||||
| 6 | (Source: P.A. 102-1058, eff. 1-1-23.)
| ||||||
| 7 | (20 ILCS 4120/15)
| ||||||
| 8 | Sec. 15. Council members.
| ||||||
| 9 | (a) The Council shall consist of 21 voting members. The | ||||||
| 10 | Governor shall appoint one voting member, who shall act as the | ||||||
| 11 | chairperson of the Council and serve as the representative of | ||||||
| 12 | the Office of the Governor. The Governor, the President of the | ||||||
| 13 | Senate, the Speaker of the House of Representatives, the | ||||||
| 14 | Minority Leader of the Senate, and the Minority Leader of the | ||||||
| 15 | House of Representatives shall each appoint 4 members of the | ||||||
| 16 | public to the Council, who shall also serve as voting members. | ||||||
| 17 | (b) Appointing authorities shall ensure, to the maximum | ||||||
| 18 | extent practicable, that the Council is diverse with respect | ||||||
| 19 | to race, ethnicity, age, gender, faith, sexual orientation, | ||||||
| 20 | language, country of origin, and geography.
| ||||||
| 21 | (c) Appointments to the Council shall be persons of | ||||||
| 22 | recognized ability and experience in one or more of the | ||||||
| 23 | following areas: higher education, business, international | ||||||
| 24 | trade, law, social services, human services, immigration, | ||||||
| 25 | refugee services, community development, or health care.
| ||||||
| |||||||
| |||||||
| 1 | (d) Appointed members of the Council shall serve 2-year | ||||||
| 2 | terms. A member shall serve until his or her successor shall be | ||||||
| 3 | appointed. Members of the Council shall not be entitled to | ||||||
| 4 | compensation for their services as members.
| ||||||
| 5 | (e) The following officials shall serve as ex officio, | ||||||
| 6 | nonvoting members of the Council: the Deputy Director of the | ||||||
| 7 | Office of Trade and Investment within the Department of | ||||||
| 8 | Commerce and Economic Opportunity, or his or her designee, and | ||||||
| 9 | the Chief of the Bureau of Refugee and Immigrant Services | ||||||
| 10 | within the Department of Human Services, or his or her | ||||||
| 11 | designee.
| ||||||
| 12 | The following State agencies shall also each appoint a | ||||||
| 13 | liaison to serve as an ex officio, nonvoting member members of | ||||||
| 14 | the Council: the Department of Commerce and Economic | ||||||
| 15 | Opportunity, the Department of Financial and Professional | ||||||
| 16 | Regulation, the Department of Human Services, the Department | ||||||
| 17 | on Aging, the Department of Children and Family Services, the | ||||||
| 18 | Department of Healthcare and Family Services, the Department | ||||||
| 19 | of Public Health, the Department of Central Management | ||||||
| 20 | Services, the Illinois State Board of Education, the Illinois | ||||||
| 21 | Board of Higher Education, and the Illinois Community College | ||||||
| 22 | Board.
| ||||||
| 23 | (f) The Council may establish committees that address | ||||||
| 24 | certain issues, including, but not limited to, communications, | ||||||
| 25 | economic development, and legislative affairs.
| ||||||
| 26 | (g) (Blank). The Office of the Governor shall provide | ||||||
| |||||||
| |||||||
| 1 | administrative and technical support to the Council, including | ||||||
| 2 | a staff member to serve as ethics officer.
| ||||||
| 3 | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
| ||||||
| 4 | (20 ILCS 4120/20)
| ||||||
| 5 | Sec. 20. Meetings. The Council shall meet at least once | ||||||
| 6 | per each calendar quarter. In addition, the Council may hold | ||||||
| 7 | up to 2 public hearings annually to assist in the development | ||||||
| 8 | of policy recommendations to the Governor and the General | ||||||
| 9 | Assembly. All meetings of the Council shall be conducted in | ||||||
| 10 | accordance with the Open Meetings Act. Eleven members of the | ||||||
| 11 | Council shall constitute a quorum.
| ||||||
| 12 | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.)
| ||||||
| 13 | (20 ILCS 4120/25)
| ||||||
| 14 | Sec. 25. Reports.
| ||||||
| 15 | (a) The Council shall issue semi-annual reports on its | ||||||
| 16 | policy recommendations to the Governor and the General | ||||||
| 17 | Assembly by June 30th and December 31st of each year.
| ||||||
| 18 | (b) The reports on policy recommendations shall focus on, | ||||||
| 19 | but are not limited to, the following: (i) policy issues | ||||||
| 20 | impacting South Asian Indian Americans and immigrants; (ii) | ||||||
| 21 | advancement of the role and civic participation of South Asian | ||||||
| 22 | Indian Americans in this State; (iii) enhancement of trade and | ||||||
| 23 | cooperation between South Asian Indian-majority countries and | ||||||
| 24 | this State; and (iv) building relationships with and | ||||||
| |||||||
| |||||||
| 1 | disseminating information to, in cooperation with State | ||||||
| 2 | agencies, boards, and commissions, South Asian Indian American | ||||||
| 3 | and immigrant communities across this State.
| ||||||
| 4 | (Source: P.A. 102-1058, eff. 1-1-23.)
| ||||||
| 5 | Section 75. The Hydrogen Economy Act is amended by | ||||||
| 6 | changing Section 95 as follows:
| ||||||
| 7 | (20 ILCS 4122/95) | ||||||
| 8 | (Section scheduled to be repealed on June 1, 2023)
| ||||||
| 9 | Sec. 95. Repealer. This Act is repealed on June 1, 2026 | ||||||
| 10 | 2023.
| ||||||
| 11 | (Source: P.A. 102-1086, eff. 6-10-22.)
| ||||||
| 12 | Section 80. The Human Trafficking Task Force Act is | ||||||
| 13 | amended by changing Section 5 as follows:
| ||||||
| 14 | (20 ILCS 5086/5) | ||||||
| 15 | (Section scheduled to be repealed on July 1, 2024)
| ||||||
| 16 | Sec. 5. Human Trafficking Task Force created. | ||||||
| 17 | (a) There is created the Human Trafficking Task Force to | ||||||
| 18 | address the growing problem of human trafficking across this | ||||||
| 19 | State. The Human Trafficking Task Force shall consist of the | ||||||
| 20 | following persons: | ||||||
| 21 | (1) five three members of the House of | ||||||
| 22 | Representatives, appointed by the Speaker of the House of | ||||||
| |||||||
| |||||||
| 1 | Representatives;
| ||||||
| 2 | (2) five three members of the House of | ||||||
| 3 | Representatives, appointed by the Minority Leader of the | ||||||
| 4 | House of Representatives;
| ||||||
| 5 | (3) five three members of the Senate, appointed by the | ||||||
| 6 | President of the Senate; | ||||||
| 7 | (4) five three members of the Senate, appointed by the | ||||||
| 8 | Minority Leader of the Senate; | ||||||
| 9 | (5) one representative of the Cook County Human | ||||||
| 10 | Trafficking Task Force, appointed by the Governor; and | ||||||
| 11 | (6) one representative of the Central Illinois Human | ||||||
| 12 | Trafficking Task Force, appointed by the Governor. | ||||||
| 13 | (b) The Task Force shall include the following ex officio | ||||||
| 14 | members: | ||||||
| 15 | (1) the Director of the Illinois State Police, or his | ||||||
| 16 | or her designee; | ||||||
| 17 | (2) the Director of the Department of Children and | ||||||
| 18 | Family Services, or his or her designee; | ||||||
| 19 | (3) the Secretary of the Department of Human Services, | ||||||
| 20 | or his or her designee; and | ||||||
| 21 | (4) the Director of the Department of Healthcare and | ||||||
| 22 | Family Services, or his or her designee. | ||||||
| 23 | (c) Members of the Human Trafficking Task Force shall | ||||||
| 24 | serve without compensation.
| ||||||
| 25 | (Source: P.A. 102-323, eff. 8-6-21.)
| ||||||
| |||||||
| |||||||
| 1 | Section 85. The Illinois Muslim American Advisory Council | ||||||
| 2 | Act is amended by changing Section 20 as follows:
| ||||||
| 3 | (20 ILCS 5110/20)
| ||||||
| 4 | Sec. 20. Council members. | ||||||
| 5 | (a) The Council shall consist of 21 members. The Governor | ||||||
| 6 | shall appoint one member to be the representative of the | ||||||
| 7 | Office of the Governor. The Governor, the President of the | ||||||
| 8 | Senate, the Speaker of the House of Representatives, the | ||||||
| 9 | Minority Leader of the Senate, and the Minority Leader of the | ||||||
| 10 | House of Representatives shall also each appoint 4 public | ||||||
| 11 | members to the Council. The Governor shall select the | ||||||
| 12 | chairperson of the Council from among the members. | ||||||
| 13 | (b) Appointing authorities shall ensure, to the maximum | ||||||
| 14 | extent practicable, that the Council is diverse with respect | ||||||
| 15 | to race, ethnicity, age, gender, and geography. | ||||||
| 16 | (c) Appointments to the Council shall be persons of | ||||||
| 17 | recognized ability and experience in one or more of the | ||||||
| 18 | following areas: higher education, business, international | ||||||
| 19 | trade, law, social services, human services, immigration, | ||||||
| 20 | refugee services, community development, or healthcare. | ||||||
| 21 | (d) Members of the Council shall serve 2-year terms. A | ||||||
| 22 | member shall serve until his or her successor shall be | ||||||
| 23 | appointed. Members of the Council shall not be entitled to | ||||||
| 24 | compensation for their services as members. | ||||||
| 25 | (e) The following officials shall serve as ex officio | ||||||
| |||||||
| |||||||
| 1 | ex-officio members: the Deputy Director of the Office of Trade | ||||||
| 2 | and Investment within the Department of Commerce and Economic | ||||||
| 3 | Opportunity, or his or her designee, and the Chief of the | ||||||
| 4 | Bureau of Refugee and Immigrant Services within the Department | ||||||
| 5 | of Human Services, or his or her designee. In addition, the | ||||||
| 6 | Department on Aging, the Department of Children and Family | ||||||
| 7 | Services, the Department of Healthcare and Family Services, | ||||||
| 8 | the Department of Public Health, the Department of Central | ||||||
| 9 | Management Services, the Board of Education, the Board of | ||||||
| 10 | Higher Education, and the Community College Board shall each | ||||||
| 11 | appoint a liaison to serve as an ex officio ex-officio member | ||||||
| 12 | of the Council. | ||||||
| 13 | (f) The Council may establish committees that address | ||||||
| 14 | certain issues, including, but not limited to, communications, | ||||||
| 15 | economic development, and legislative affairs. | ||||||
| 16 | (g) (Blank). The Office of the Governor shall provide | ||||||
| 17 | administrative and technical support to the Council, including | ||||||
| 18 | a staff member to serve as ethics officer.
| ||||||
| 19 | (Source: P.A. 100-459, eff. 8-25-17.)
| ||||||
| 20 | Section 90. The Metropolitan Pier and Exposition Authority | ||||||
| 21 | Act is amended by changing Section 14 as follows:
| ||||||
| 22 | (70 ILCS 210/14) (from Ch. 85, par. 1234) | ||||||
| 23 | Sec. 14. Board; compensation. The governing and | ||||||
| 24 | administrative body of the Authority shall be a
board known as | ||||||
| |||||||
| |||||||
| 1 | the Metropolitan Pier and Exposition Board. On the effective | ||||||
| 2 | date of this amendatory Act of the 96th General Assembly, the | ||||||
| 3 | Trustee shall assume the duties and powers of the Board for a | ||||||
| 4 | period of 18 months or until the Board is fully constituted, | ||||||
| 5 | whichever is later. Any action requiring Board approval shall | ||||||
| 6 | be deemed approved by the Board if the Trustee approves the | ||||||
| 7 | action in accordance with Section 14.5. Beginning the first | ||||||
| 8 | Monday of the month occurring 18 months after the effective | ||||||
| 9 | date of this amendatory Act of the 96th General Assembly and | ||||||
| 10 | until the effective date of this amendatory Act of the 102nd | ||||||
| 11 | General Assembly, the Board shall consist of 9 members. On and | ||||||
| 12 | after the effective date of this amendatory Act of the 102nd | ||||||
| 13 | General Assembly, the Board shall consist of 11 members. The | ||||||
| 14 | Governor shall appoint 5 4 members to the Board, subject to the | ||||||
| 15 | advice and consent of the Senate. The Mayor shall appoint 5 4 | ||||||
| 16 | members to the Board. At least one member of the Board shall | ||||||
| 17 | represent the interests of labor, and at least one member of | ||||||
| 18 | the Board shall represent the interests of the convention | ||||||
| 19 | industry. A majority of the members appointed by the Governor | ||||||
| 20 | and Mayor shall appoint a ninth member to serve as the | ||||||
| 21 | chairperson until the chairperson's term expires on or after | ||||||
| 22 | the effective date of this amendatory Act of the 102nd General | ||||||
| 23 | Assembly, at which time, a majority of the members appointed | ||||||
| 24 | by the Governor and Mayor shall appoint an eleventh member to | ||||||
| 25 | serve as the chairperson. The Board shall be fully constituted | ||||||
| 26 | when a quorum has been appointed. The members of
the board | ||||||
| |||||||
| |||||||
| 1 | shall be individuals of generally recognized ability and
| ||||||
| 2 | integrity. No member of the Board may be (i) an
officer or | ||||||
| 3 | employee of, or a member of a board, commission or authority | ||||||
| 4 | of,
the State, any unit of local government or any school | ||||||
| 5 | district or (ii) a person who served on the Board prior to the | ||||||
| 6 | effective date of this amendatory Act of the 96th General | ||||||
| 7 | Assembly. | ||||||
| 8 | Of the initial members appointed by the Governor, one | ||||||
| 9 | shall serve for a term expiring June 1, 2013, one shall serve | ||||||
| 10 | for a term expiring June 1, 2014, one shall serve for a term | ||||||
| 11 | expiring June 1, 2015, and one shall serve for a term expiring | ||||||
| 12 | June 1, 2016, as determined by the Governor. Of the initial | ||||||
| 13 | members appointed by the Mayor, one shall serve for a term | ||||||
| 14 | expiring June 1, 2013, one shall serve for a term expiring June | ||||||
| 15 | 1, 2014, one shall serve for a term expiring June 1, 2015, and | ||||||
| 16 | one shall serve for a term expiring June 1, 2016, as determined | ||||||
| 17 | by the Mayor. The initial chairperson appointed by the Board | ||||||
| 18 | shall serve a term for a term expiring June 1, 2015. Additional | ||||||
| 19 | members of the Board appointed pursuant to this amendatory Act | ||||||
| 20 | of the 102nd General Assembly shall serve for a term expiring | ||||||
| 21 | on June 1, 2026. Successors shall be appointed to 4-year | ||||||
| 22 | terms. | ||||||
| 23 | Members of the Board shall serve without compensation, but | ||||||
| 24 | shall be reimbursed for actual
expenses incurred by them in | ||||||
| 25 | the performance of their duties. All members of
the Board and | ||||||
| 26 | employees of the Authority are subject to the Illinois
| ||||||
| |||||||
| |||||||
| 1 | Governmental Ethics Act, in accordance with its terms. | ||||||
| 2 | (Source: P.A. 102-699, eff. 4-19-22.)
| ||||||
| 3 | Section 95. The Alexander-Cairo Port District Act is | ||||||
| 4 | amended by changing Sections 95, 100, and 115 as follows:
| ||||||
| 5 | (70 ILCS 1801/95)
| ||||||
| 6 | Sec. 95. Board members. The governing and administrative | ||||||
| 7 | body of the Port District shall be a Board consisting of 9 7 | ||||||
| 8 | members, to be known as the Alexander-Cairo Port District | ||||||
| 9 | Board. All members of the Board shall be residents of the | ||||||
| 10 | District, except the member with wetlands mitigation | ||||||
| 11 | experience and the member with economic development experience | ||||||
| 12 | do not need to be residents of the District. The members of the | ||||||
| 13 | Board shall serve without compensation but shall be reimbursed | ||||||
| 14 | for actual expenses incurred by them in the performance of | ||||||
| 15 | their duties. However, any member of the Board who is | ||||||
| 16 | appointed to the office of secretary or treasurer may receive | ||||||
| 17 | compensation for his or her services as such officer. No | ||||||
| 18 | member of the Board or employee of the District shall have any | ||||||
| 19 | private financial interest, profit, or benefit in any | ||||||
| 20 | contract, work, or business of the District nor in the sale or | ||||||
| 21 | lease of any property to or from the District.
| ||||||
| 22 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
| 23 | (70 ILCS 1801/100)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 100. Board appointments; terms. The Governor shall | ||||||
| 2 | appoint 6 4 members of the Board, including one member with | ||||||
| 3 | wetlands mitigation experience and one member with economic | ||||||
| 4 | development experience. The member with wetlands mitigation | ||||||
| 5 | experience and the member with economic development experience | ||||||
| 6 | do not need to be residents of the District. The the Mayor of | ||||||
| 7 | the City of Cairo shall appoint one member of the Board, and | ||||||
| 8 | the chairperson of the Alexander County Board, with the advice | ||||||
| 9 | and consent of the Alexander County Board, shall appoint 2 | ||||||
| 10 | members of the Board. All initial appointments shall be made | ||||||
| 11 | within 60 days after this Act takes effect. Of the 4 members | ||||||
| 12 | initially appointed by the Governor, 2 shall be appointed for | ||||||
| 13 | initial terms expiring June 1, 2012 and 2 shall be appointed | ||||||
| 14 | for initial terms expiring June 1, 2013. The term of the member | ||||||
| 15 | initially appointed by the Mayor shall expire June 1, 2013. Of | ||||||
| 16 | the 2 members appointed by the Alexander County Board | ||||||
| 17 | Chairperson, one shall be appointed for an initial term | ||||||
| 18 | expiring June 1, 2012, and one shall be appointed for an | ||||||
| 19 | initial term expiring June 1, 2013. Additional members of the | ||||||
| 20 | Board appointed pursuant to this amendatory Act of the 102nd | ||||||
| 21 | General Assembly shall serve for a term expiring on June 1, | ||||||
| 22 | 2025. At the expiration of the term of any member, his or her | ||||||
| 23 | successor shall be appointed by the Governor, Mayor, or | ||||||
| 24 | Alexander County Board Chairperson in like manner and with | ||||||
| 25 | like regard to the place of residence of the appointee, as in | ||||||
| 26 | the case of appointments for the initial terms. | ||||||
| |||||||
| |||||||
| 1 | After the expiration of initial terms, each successor | ||||||
| 2 | shall hold office for the term of 3 years beginning the first | ||||||
| 3 | day of June of the year in which the term of office commences. | ||||||
| 4 | In the case of a vacancy during the term of office of any | ||||||
| 5 | member appointed by the Governor, the Governor shall make an | ||||||
| 6 | appointment for the remainder of the term vacant and until a | ||||||
| 7 | successor is appointed and qualified. In the case of a vacancy | ||||||
| 8 | during the term of office of any member appointed by the Mayor, | ||||||
| 9 | the Mayor shall make an appointment for the remainder of the | ||||||
| 10 | term vacant and until a successor is appointed and qualified. | ||||||
| 11 | In the case of a vacancy during the term of office of any | ||||||
| 12 | member appointed by the Alexander County Board Chairperson, | ||||||
| 13 | the Alexander County Board Chairperson shall make an | ||||||
| 14 | appointment for the remainder of the term vacant and until a | ||||||
| 15 | successor is appointed and qualified. The Governor, Mayor, and | ||||||
| 16 | Alexander County Board Chairperson shall certify their | ||||||
| 17 | respective appointments to the Secretary of State. Within 30 | ||||||
| 18 | days after certification of his or her appointment, and before | ||||||
| 19 | entering upon the duties of his or her office, each member of | ||||||
| 20 | the Board shall take and subscribe the constitutional oath of | ||||||
| 21 | office and file it in the office of the Secretary of State.
| ||||||
| 22 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
| 23 | (70 ILCS 1801/115)
| ||||||
| 24 | Sec. 115. Meetings. Regular meetings of the Board shall be | ||||||
| 25 | held at least once in each calendar month, the time and place | ||||||
| |||||||
| |||||||
| 1 | of the meetings to be fixed by the Board. Five Four members of | ||||||
| 2 | the Board shall constitute a quorum for the transaction of | ||||||
| 3 | business. All action of the Board shall be by ordinance or | ||||||
| 4 | resolution and the affirmative vote of at least 5 4 members | ||||||
| 5 | shall be necessary for the adoption of any ordinance or | ||||||
| 6 | resolution. All such ordinances and resolutions before taking | ||||||
| 7 | effect shall be approved by the chairperson of the Board, and | ||||||
| 8 | if he or she approves, the chairperson shall sign the same, and | ||||||
| 9 | if the chairperson does not approve, the chairperson shall | ||||||
| 10 | return to the Board with his or her objections in writing at | ||||||
| 11 | the next regular meeting of the Board occurring after the | ||||||
| 12 | passage. But in the case the chairperson fails to return any | ||||||
| 13 | ordinance or resolution with his or her objections within the | ||||||
| 14 | prescribed time, the chairperson shall be deemed to have | ||||||
| 15 | approved the ordinance, and it shall take effect accordingly. | ||||||
| 16 | Upon the return of any ordinance or resolution by the | ||||||
| 17 | chairperson with his or her objections, the vote shall be | ||||||
| 18 | reconsidered by the Board, and if, upon reconsideration of the | ||||||
| 19 | ordinance or resolution, it is passed by the affirmative vote | ||||||
| 20 | of at least 5 members, it shall go into effect notwithstanding | ||||||
| 21 | the veto of the chairperson. All ordinances, resolutions, and | ||||||
| 22 | proceedings of the District and all documents and records in | ||||||
| 23 | its possession shall be public records, and open to public | ||||||
| 24 | inspection, except for documents and records that are kept or | ||||||
| 25 | prepared by the Board for use in negotiations, legal actions, | ||||||
| 26 | or proceedings to which the District is a party.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1015, eff. 7-8-10.)
| ||||||
| 2 | Section 100. The Illinois Gambling Act is amended by | ||||||
| 3 | changing Section 5 as follows:
| ||||||
| 4 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
| 5 | Sec. 5. Gaming Board.
| ||||||
| 6 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
| 7 | Board, which shall have the powers and duties specified in
| ||||||
| 8 | this Act, and all other powers necessary and proper to fully | ||||||
| 9 | and
effectively execute this Act for the purpose of | ||||||
| 10 | administering, regulating,
and enforcing the system of | ||||||
| 11 | riverboat and casino gambling established by this Act and | ||||||
| 12 | gaming pursuant to an organization gaming license issued under | ||||||
| 13 | this Act. Its
jurisdiction shall extend under this Act to | ||||||
| 14 | every person, association,
corporation, partnership and trust | ||||||
| 15 | involved in riverboat and casino gambling
operations and | ||||||
| 16 | gaming pursuant to an organization gaming license issued under | ||||||
| 17 | this Act in the State of Illinois.
| ||||||
| 18 | (2) The Board shall consist of 5 members to be appointed by | ||||||
| 19 | the Governor
with the advice and consent of the Senate, one of | ||||||
| 20 | whom shall be designated
by the Governor to be chairperson. | ||||||
| 21 | Each member shall have a reasonable
knowledge of the practice, | ||||||
| 22 | procedure and principles of gambling operations.
Each member | ||||||
| 23 | shall either be a resident of Illinois or shall certify that he | ||||||
| 24 | or she
will become a resident of Illinois before taking | ||||||
| |||||||
| |||||||
| 1 | office. | ||||||
| 2 | On and after the effective date of this amendatory Act of | ||||||
| 3 | the 101st General Assembly, new appointees to the Board must | ||||||
| 4 | include the following: | ||||||
| 5 | (A) One member who has received, at a minimum, a | ||||||
| 6 | bachelor's degree from an accredited school and at least | ||||||
| 7 | 10 years of verifiable experience in the fields of | ||||||
| 8 | investigation and law enforcement. | ||||||
| 9 | (B) One member who is a certified public accountant | ||||||
| 10 | with experience in auditing and with knowledge of complex | ||||||
| 11 | corporate structures and transactions. | ||||||
| 12 | (C) One member who has 5 years' experience as a | ||||||
| 13 | principal, senior officer, or director of a company or | ||||||
| 14 | business with either material responsibility for the daily | ||||||
| 15 | operations and management of the overall company or | ||||||
| 16 | business or material responsibility for the policy making | ||||||
| 17 | of the company or business. | ||||||
| 18 | (D) One member who is an attorney licensed to practice | ||||||
| 19 | law in Illinois for at least 5 years. | ||||||
| 20 | Notwithstanding any provision of this subsection (a), the | ||||||
| 21 | requirements of subparagraphs (A) through (D) of this | ||||||
| 22 | paragraph (2) shall not apply to any person reappointed | ||||||
| 23 | pursuant to paragraph (3). | ||||||
| 24 | No more than 3 members of the Board may be from the same | ||||||
| 25 | political party. No Board member shall, within a period of one | ||||||
| 26 | year immediately preceding nomination, have been employed or | ||||||
| |||||||
| |||||||
| 1 | received compensation or fees for services from a person or | ||||||
| 2 | entity, or its parent or affiliate, that has engaged in | ||||||
| 3 | business with the Board, a licensee, or a licensee under the | ||||||
| 4 | Illinois Horse Racing Act of 1975. Board members must publicly | ||||||
| 5 | disclose all prior affiliations with gaming interests, | ||||||
| 6 | including any compensation, fees, bonuses, salaries, and other | ||||||
| 7 | reimbursement received from a person or entity, or its parent | ||||||
| 8 | or affiliate, that has engaged in business with the Board, a | ||||||
| 9 | licensee, or a licensee under the Illinois Horse Racing Act of | ||||||
| 10 | 1975. This disclosure must be made within 30 days after | ||||||
| 11 | nomination but prior to confirmation by the Senate and must be | ||||||
| 12 | made available to the members of the Senate.
| ||||||
| 13 | (3) The terms of office of the Board members shall be 3 | ||||||
| 14 | years, except
that the terms of office of the initial Board | ||||||
| 15 | members appointed pursuant to
this Act will commence from the | ||||||
| 16 | effective date of this Act and run as
follows: one for a term | ||||||
| 17 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 | ||||||
| 18 | for a term ending July 1, 1993. Upon the expiration of the
| ||||||
| 19 | foregoing terms, the successors of such members shall serve a | ||||||
| 20 | term for 3
years and until their successors are appointed and | ||||||
| 21 | qualified for like terms.
Vacancies in the Board shall be | ||||||
| 22 | filled for the unexpired term in like
manner as original | ||||||
| 23 | appointments. Each member of the Board shall be
eligible for | ||||||
| 24 | reappointment at the discretion of the Governor with the
| ||||||
| 25 | advice and consent of the Senate.
| ||||||
| 26 | (4) Each member of the Board shall receive $300 for each | ||||||
| |||||||
| |||||||
| 1 | day the
Board meets and for each day the member conducts any | ||||||
| 2 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
| 3 | also be reimbursed for all actual
and necessary expenses and | ||||||
| 4 | disbursements incurred in the execution of official
duties.
| ||||||
| 5 | (5) No person shall be appointed a member of the Board or | ||||||
| 6 | continue to be
a member of the Board who is, or whose spouse, | ||||||
| 7 | child or parent is, a member
of the board of directors of, or a | ||||||
| 8 | person financially interested in, any
gambling operation | ||||||
| 9 | subject to the jurisdiction of this Board, or any race
track, | ||||||
| 10 | race meeting, racing association or the operations thereof | ||||||
| 11 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
| 12 | Board member shall
hold any other public office. No person | ||||||
| 13 | shall be a
member of the Board who is not of good moral | ||||||
| 14 | character or who has been
convicted of, or is under indictment | ||||||
| 15 | for, a felony under the laws of
Illinois or any other state, or | ||||||
| 16 | the United States.
| ||||||
| 17 | (5.5) No member of the Board shall engage in any political | ||||||
| 18 | activity. For the purposes of this Section, "political" means | ||||||
| 19 | any activity in support
of or in connection with any campaign | ||||||
| 20 | for federal, State, or local elective office or any political
| ||||||
| 21 | organization, but does not include activities (i) relating to | ||||||
| 22 | the support or
opposition of any executive, legislative, or | ||||||
| 23 | administrative action (as those
terms are defined in Section 2 | ||||||
| 24 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
| 25 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
| 26 | person's official
State duties or governmental and public | ||||||
| |||||||
| |||||||
| 1 | service functions.
| ||||||
| 2 | (6) Any member of the Board may be removed by the Governor | ||||||
| 3 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
| 4 | in office or for engaging in any political activity.
| ||||||
| 5 | (7) Before entering upon the discharge of the duties of | ||||||
| 6 | his office, each
member of the Board shall take an oath that he | ||||||
| 7 | will faithfully execute the
duties of his office according to | ||||||
| 8 | the laws of the State and the rules and
regulations adopted | ||||||
| 9 | therewith and shall give bond to the State of Illinois,
| ||||||
| 10 | approved by the Governor, in the sum of $25,000. Every such | ||||||
| 11 | bond, when
duly executed and approved, shall be recorded in | ||||||
| 12 | the office of the
Secretary of State. Whenever the Governor | ||||||
| 13 | determines that the bond of any
member of the Board has become | ||||||
| 14 | or is likely to become invalid or
insufficient, he shall | ||||||
| 15 | require such member forthwith to renew his bond,
which is to be | ||||||
| 16 | approved by the Governor. Any member of the Board who fails
to | ||||||
| 17 | take oath and give bond within 30 days from the date of his | ||||||
| 18 | appointment,
or who fails to renew his bond within 30 days | ||||||
| 19 | after it is demanded by the
Governor, shall be guilty of | ||||||
| 20 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
| 21 | any bond given by any member of the Board under this
Section | ||||||
| 22 | shall be taken to be a part of the necessary expenses of the | ||||||
| 23 | Board.
| ||||||
| 24 | (7.5) For the examination of all mechanical, | ||||||
| 25 | electromechanical, or electronic table games, slot machines, | ||||||
| 26 | slot accounting systems, sports wagering systems, and other | ||||||
| |||||||
| |||||||
| 1 | electronic gaming equipment, and the field inspection of such | ||||||
| 2 | systems, games, and machines, for compliance with this Act, | ||||||
| 3 | the Board shall utilize the services of independent outside | ||||||
| 4 | testing laboratories that have been accredited in accordance | ||||||
| 5 | with ISO/IEC 17025 by an accreditation body that is a | ||||||
| 6 | signatory to the International Laboratory Accreditation | ||||||
| 7 | Cooperation Mutual Recognition Agreement signifying they are | ||||||
| 8 | qualified to perform such examinations. Notwithstanding any | ||||||
| 9 | law to the contrary, the Board shall consider the licensing of | ||||||
| 10 | independent outside testing laboratory applicants in | ||||||
| 11 | accordance with procedures established by the Board by rule. | ||||||
| 12 | The Board shall not withhold its approval of an independent | ||||||
| 13 | outside testing laboratory license applicant that has been | ||||||
| 14 | accredited as required under this paragraph (7.5) and is | ||||||
| 15 | licensed in gaming jurisdictions comparable to Illinois. Upon | ||||||
| 16 | the finalization of required rules, the Board shall license | ||||||
| 17 | independent testing laboratories and accept the test reports | ||||||
| 18 | of any licensed testing laboratory of the system's, game's, or | ||||||
| 19 | machine manufacturer's choice, notwithstanding the existence | ||||||
| 20 | of contracts between the Board and any independent testing | ||||||
| 21 | laboratory. | ||||||
| 22 | (8) The Board shall employ such
personnel as may be | ||||||
| 23 | necessary to carry out its functions and shall determine the | ||||||
| 24 | salaries of all personnel, except those personnel whose | ||||||
| 25 | salaries are determined under the terms of a collective | ||||||
| 26 | bargaining agreement. No
person shall be employed to serve the | ||||||
| |||||||
| |||||||
| 1 | Board who is, or whose spouse, parent
or child is, an official | ||||||
| 2 | of, or has a financial interest in or financial
relation with, | ||||||
| 3 | any operator engaged in gambling operations within this
State | ||||||
| 4 | or any organization engaged in conducting horse racing within | ||||||
| 5 | this
State. For the one year immediately preceding employment, | ||||||
| 6 | an employee shall not have been employed or received | ||||||
| 7 | compensation or fees for services from a person or entity, or | ||||||
| 8 | its parent or affiliate, that has engaged in business with the | ||||||
| 9 | Board, a licensee, or a licensee under the Illinois Horse | ||||||
| 10 | Racing Act of 1975. Any employee violating these prohibitions | ||||||
| 11 | shall be subject to
termination of employment.
| ||||||
| 12 | (9) An Administrator shall perform any and all duties that | ||||||
| 13 | the Board
shall assign him. The salary of the Administrator | ||||||
| 14 | shall be determined by
the Board and, in addition,
he shall be | ||||||
| 15 | reimbursed for all actual and necessary expenses incurred by
| ||||||
| 16 | him in discharge of his official duties. The Administrator | ||||||
| 17 | shall keep
records of all proceedings of the Board and shall | ||||||
| 18 | preserve all records,
books, documents and other papers | ||||||
| 19 | belonging to the Board or entrusted to
its care. The | ||||||
| 20 | Administrator shall devote his full time to the duties of
the | ||||||
| 21 | office and shall not hold any other office or employment.
| ||||||
| 22 | (b) The Board shall have general responsibility for the | ||||||
| 23 | implementation
of this Act. Its duties include, without | ||||||
| 24 | limitation, the following:
| ||||||
| 25 | (1) To decide promptly and in reasonable order all | ||||||
| 26 | license applications.
Any party aggrieved by an action of | ||||||
| |||||||
| |||||||
| 1 | the Board denying, suspending,
revoking, restricting or | ||||||
| 2 | refusing to renew a license may request a hearing
before | ||||||
| 3 | the Board. A request for a hearing must be made to the | ||||||
| 4 | Board in
writing within 5 days after service of notice of | ||||||
| 5 | the action of the Board.
Notice of the action of the Board | ||||||
| 6 | shall be served either by personal
delivery or by | ||||||
| 7 | certified mail, postage prepaid, to the aggrieved party.
| ||||||
| 8 | Notice served by certified mail shall be deemed complete | ||||||
| 9 | on the business
day following the date of such mailing. | ||||||
| 10 | The Board shall conduct any such hearings promptly and in | ||||||
| 11 | reasonable order;
| ||||||
| 12 | (2) To conduct all hearings pertaining to civil | ||||||
| 13 | violations of this Act
or rules and regulations | ||||||
| 14 | promulgated hereunder;
| ||||||
| 15 | (3) To promulgate such rules and regulations as in its | ||||||
| 16 | judgment may be
necessary to protect or enhance the | ||||||
| 17 | credibility and integrity of gambling
operations | ||||||
| 18 | authorized by this Act and the regulatory process | ||||||
| 19 | hereunder;
| ||||||
| 20 | (4) To provide for the establishment and collection of | ||||||
| 21 | all license and
registration fees and taxes imposed by | ||||||
| 22 | this Act and the rules and
regulations issued pursuant | ||||||
| 23 | hereto. All such fees and taxes shall be
deposited into | ||||||
| 24 | the State Gaming Fund;
| ||||||
| 25 | (5) To provide for the levy and collection of | ||||||
| 26 | penalties and fines for the
violation of provisions of | ||||||
| |||||||
| |||||||
| 1 | this Act and the rules and regulations
promulgated | ||||||
| 2 | hereunder. All such fines and penalties shall be deposited
| ||||||
| 3 | into the Education Assistance Fund, created by Public Act | ||||||
| 4 | 86-0018, of the
State of Illinois;
| ||||||
| 5 | (6) To be present through its inspectors and agents | ||||||
| 6 | any time gambling
operations are conducted on any | ||||||
| 7 | riverboat, in any casino, or at any organization gaming
| ||||||
| 8 | facility for the purpose of certifying the
revenue | ||||||
| 9 | thereof, receiving complaints from the public, and | ||||||
| 10 | conducting such
other investigations into the conduct of | ||||||
| 11 | the gambling games and the
maintenance of the equipment as | ||||||
| 12 | from time to time the Board may deem
necessary and proper;
| ||||||
| 13 | (7) To review and rule upon any complaint by a | ||||||
| 14 | licensee
regarding any investigative procedures of the | ||||||
| 15 | State which are unnecessarily
disruptive of gambling | ||||||
| 16 | operations. The need to inspect and investigate
shall be | ||||||
| 17 | presumed at all times. The disruption of a licensee's | ||||||
| 18 | operations
shall be proved by clear and convincing | ||||||
| 19 | evidence, and establish that: (A)
the procedures had no | ||||||
| 20 | reasonable law enforcement purposes, and (B) the
| ||||||
| 21 | procedures were so disruptive as to unreasonably inhibit | ||||||
| 22 | gambling operations;
| ||||||
| 23 | (8) To hold at least one meeting each quarter of the | ||||||
| 24 | fiscal
year. In addition, special meetings may be called | ||||||
| 25 | by the Chairman or any 2
Board members upon 72 hours | ||||||
| 26 | written notice to each member. All Board
meetings shall be | ||||||
| |||||||
| |||||||
| 1 | subject to the Open Meetings Act. Three members of the
| ||||||
| 2 | Board shall constitute a quorum, and 3 votes shall be | ||||||
| 3 | required for any
final determination by the Board. The | ||||||
| 4 | Board shall keep a complete and
accurate record of all its | ||||||
| 5 | meetings. A majority of the members of the Board
shall | ||||||
| 6 | constitute a quorum for the transaction of any business, | ||||||
| 7 | for the
performance of any duty, or for the exercise of any | ||||||
| 8 | power which this Act
requires the Board members to | ||||||
| 9 | transact, perform or exercise en banc, except
that, upon | ||||||
| 10 | order of the Board, one of the Board members or an
| ||||||
| 11 | administrative law judge designated by the Board may | ||||||
| 12 | conduct any hearing
provided for under this Act or by | ||||||
| 13 | Board rule and may recommend findings and
decisions to the | ||||||
| 14 | Board. The Board member or administrative law judge
| ||||||
| 15 | conducting such hearing shall have all powers and rights | ||||||
| 16 | granted to the
Board in this Act. The record made at the | ||||||
| 17 | time of the hearing shall be
reviewed by the Board, or a | ||||||
| 18 | majority thereof, and the findings and decision
of the | ||||||
| 19 | majority of the Board shall constitute the order of the | ||||||
| 20 | Board in
such case;
| ||||||
| 21 | (9) To maintain records which are separate and | ||||||
| 22 | distinct from the records
of any other State board or | ||||||
| 23 | commission. Such records shall be available
for public | ||||||
| 24 | inspection and shall accurately reflect all Board | ||||||
| 25 | proceedings;
| ||||||
| 26 | (10) To file a written annual report with the Governor | ||||||
| |||||||
| |||||||
| 1 | on or before
July 1 each year and such additional reports | ||||||
| 2 | as the Governor may request.
The annual report shall | ||||||
| 3 | include a statement of receipts and disbursements
by the | ||||||
| 4 | Board, actions taken by the Board, and any additional | ||||||
| 5 | information
and recommendations which the Board may deem | ||||||
| 6 | valuable or which the Governor
may request;
| ||||||
| 7 | (11) (Blank);
| ||||||
| 8 | (12) (Blank);
| ||||||
| 9 | (13) To assume responsibility for administration and | ||||||
| 10 | enforcement of the
Video Gaming Act; | ||||||
| 11 | (13.1) To assume responsibility for the administration | ||||||
| 12 | and enforcement
of operations at organization gaming | ||||||
| 13 | facilities pursuant to this Act and the
Illinois Horse | ||||||
| 14 | Racing Act of 1975; | ||||||
| 15 | (13.2) To assume responsibility for the administration | ||||||
| 16 | and enforcement
of the Sports Wagering Act; and | ||||||
| 17 | (14) To adopt, by rule, a code of conduct governing | ||||||
| 18 | Board members and employees that ensure, to the maximum | ||||||
| 19 | extent possible, that persons subject to this Code avoid | ||||||
| 20 | situations, relationships, or associations that may | ||||||
| 21 | represent or lead to a conflict of interest.
| ||||||
| 22 | Internal controls and changes submitted by licensees must | ||||||
| 23 | be reviewed and either approved or denied with cause within 90 | ||||||
| 24 | days after receipt of submission is deemed final by the | ||||||
| 25 | Illinois Gaming Board. In the event an internal control | ||||||
| 26 | submission or change does not meet the standards set by the | ||||||
| |||||||
| |||||||
| 1 | Board, staff of the Board must provide technical assistance to | ||||||
| 2 | the licensee to rectify such deficiencies within 90 days after | ||||||
| 3 | the initial submission and the revised submission must be | ||||||
| 4 | reviewed and approved or denied with cause within 90 days | ||||||
| 5 | after the date the revised submission is deemed final by the | ||||||
| 6 | Board. For the purposes of this paragraph, "with cause" means | ||||||
| 7 | that the approval of the submission would jeopardize the | ||||||
| 8 | integrity of gaming. In the event the Board staff has not acted | ||||||
| 9 | within the timeframe, the submission shall be deemed approved. | ||||||
| 10 | (c) The Board shall have jurisdiction over and shall | ||||||
| 11 | supervise all
gambling operations governed by this Act. The | ||||||
| 12 | Board shall have all powers
necessary and proper to fully and | ||||||
| 13 | effectively execute the provisions of
this Act, including, but | ||||||
| 14 | not limited to, the following:
| ||||||
| 15 | (1) To investigate applicants and determine the | ||||||
| 16 | eligibility of
applicants for licenses and to select among | ||||||
| 17 | competing applicants the
applicants which best serve the | ||||||
| 18 | interests of the citizens of Illinois.
| ||||||
| 19 | (2) To have jurisdiction and supervision over all | ||||||
| 20 | riverboat gambling
operations authorized under this Act | ||||||
| 21 | and all persons in places where gambling
operations are | ||||||
| 22 | conducted.
| ||||||
| 23 | (3) To promulgate rules and regulations for the | ||||||
| 24 | purpose of administering
the provisions of this Act and to | ||||||
| 25 | prescribe rules, regulations and
conditions under which | ||||||
| 26 | all gambling operations subject to this
Act shall be
| ||||||
| |||||||
| |||||||
| 1 | conducted. Such rules and regulations are to provide for | ||||||
| 2 | the prevention of
practices detrimental to the public | ||||||
| 3 | interest and for the best interests of
riverboat gambling, | ||||||
| 4 | including rules and regulations regarding the
inspection | ||||||
| 5 | of organization gaming facilities, casinos, and | ||||||
| 6 | riverboats, and the review of any permits or licenses
| ||||||
| 7 | necessary to operate a riverboat, casino, or organization | ||||||
| 8 | gaming facility under any laws or regulations applicable
| ||||||
| 9 | to riverboats, casinos, or organization gaming facilities | ||||||
| 10 | and to impose penalties for violations thereof.
| ||||||
| 11 | (4) To enter the office, riverboats, casinos, | ||||||
| 12 | organization gaming facilities, and
other facilities, or | ||||||
| 13 | other
places of business of a licensee, where evidence of | ||||||
| 14 | the compliance or
noncompliance with the provisions of | ||||||
| 15 | this Act is likely to be found.
| ||||||
| 16 | (5) To investigate alleged violations of this Act or | ||||||
| 17 | the
rules of the Board and to take appropriate | ||||||
| 18 | disciplinary
action against a licensee or a holder of an | ||||||
| 19 | occupational license for a
violation, or institute | ||||||
| 20 | appropriate legal action for enforcement, or both.
| ||||||
| 21 | (6) To adopt standards for the licensing of all | ||||||
| 22 | persons and entities under this Act,
as well as for | ||||||
| 23 | electronic or mechanical gambling games, and to establish
| ||||||
| 24 | fees for such licenses.
| ||||||
| 25 | (7) To adopt appropriate standards for all | ||||||
| 26 | organization gaming facilities, riverboats, casinos,
and | ||||||
| |||||||
| |||||||
| 1 | other facilities authorized under this Act.
| ||||||
| 2 | (8) To require that the records, including financial | ||||||
| 3 | or other statements
of any licensee under this Act, shall | ||||||
| 4 | be kept in such manner as prescribed
by the Board and that | ||||||
| 5 | any such licensee involved in the ownership or
management | ||||||
| 6 | of gambling operations submit to the Board an annual | ||||||
| 7 | balance
sheet and profit and loss statement, list of the | ||||||
| 8 | stockholders or other
persons having a 1% or greater | ||||||
| 9 | beneficial interest in the gambling
activities of each | ||||||
| 10 | licensee, and any other information the Board deems
| ||||||
| 11 | necessary in order to effectively administer this Act and | ||||||
| 12 | all rules,
regulations, orders and final decisions | ||||||
| 13 | promulgated under this Act.
| ||||||
| 14 | (9) To conduct hearings, issue subpoenas for the | ||||||
| 15 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
| 16 | production of books, records
and other pertinent documents | ||||||
| 17 | in accordance with the Illinois
Administrative Procedure | ||||||
| 18 | Act, and to administer oaths and affirmations to
the | ||||||
| 19 | witnesses, when, in the judgment of the Board, it is | ||||||
| 20 | necessary to
administer or enforce this Act or the Board | ||||||
| 21 | rules.
| ||||||
| 22 | (10) To prescribe a form to be used by any licensee | ||||||
| 23 | involved in the
ownership or management of gambling | ||||||
| 24 | operations as an
application for employment for their | ||||||
| 25 | employees.
| ||||||
| 26 | (11) To revoke or suspend licenses, as the Board may | ||||||
| |||||||
| |||||||
| 1 | see fit and in
compliance with applicable laws of the | ||||||
| 2 | State regarding administrative
procedures, and to review | ||||||
| 3 | applications for the renewal of licenses. The
Board may | ||||||
| 4 | suspend an owners license or an organization gaming | ||||||
| 5 | license without notice or hearing upon a
determination | ||||||
| 6 | that the safety or health of patrons or employees is
| ||||||
| 7 | jeopardized by continuing a gambling operation conducted | ||||||
| 8 | under that license. The suspension may
remain in effect | ||||||
| 9 | until the Board determines that the cause for suspension
| ||||||
| 10 | has been abated. The Board may revoke an owners license or | ||||||
| 11 | organization gaming license upon a
determination that the | ||||||
| 12 | licensee has not made satisfactory progress toward
abating | ||||||
| 13 | the hazard.
| ||||||
| 14 | (12) To eject or exclude or authorize the ejection or | ||||||
| 15 | exclusion of, any
person from gambling facilities where | ||||||
| 16 | that person is in violation
of this Act, rules and | ||||||
| 17 | regulations thereunder, or final orders of the
Board, or | ||||||
| 18 | where such person's conduct or reputation is such that his | ||||||
| 19 | or her
presence within the gambling facilities may, in the | ||||||
| 20 | opinion of
the Board, call into question the honesty and | ||||||
| 21 | integrity of the gambling
operations or interfere with the | ||||||
| 22 | orderly conduct thereof; provided that the
propriety of | ||||||
| 23 | such ejection or exclusion is subject to subsequent | ||||||
| 24 | hearing
by the Board.
| ||||||
| 25 | (13) To require all licensees of gambling operations | ||||||
| 26 | to utilize a
cashless wagering system whereby all players' | ||||||
| |||||||
| |||||||
| 1 | money is converted to tokens,
electronic cards, or chips | ||||||
| 2 | which shall be used only for wagering in the
gambling | ||||||
| 3 | establishment.
| ||||||
| 4 | (14) (Blank).
| ||||||
| 5 | (15) To suspend, revoke or restrict licenses, to | ||||||
| 6 | require the
removal of a licensee or an employee of a | ||||||
| 7 | licensee for a violation of this
Act or a Board rule or for | ||||||
| 8 | engaging in a fraudulent practice, and to
impose civil | ||||||
| 9 | penalties of up to $5,000 against individuals and up to
| ||||||
| 10 | $10,000 or an amount equal to the daily gross receipts, | ||||||
| 11 | whichever is
larger, against licensees for each violation | ||||||
| 12 | of any provision of the Act, any rules adopted by the | ||||||
| 13 | Board, any order of the Board or any other action
which, in | ||||||
| 14 | the Board's discretion, is a detriment or impediment to
| ||||||
| 15 | gambling operations.
| ||||||
| 16 | (16) To hire employees to gather information, conduct | ||||||
| 17 | investigations
and carry out any other tasks contemplated | ||||||
| 18 | under this Act.
| ||||||
| 19 | (17) To establish minimum levels of insurance to be | ||||||
| 20 | maintained by
licensees.
| ||||||
| 21 | (18) To authorize a licensee to sell or serve | ||||||
| 22 | alcoholic liquors, wine or
beer as defined in the Liquor | ||||||
| 23 | Control Act of 1934 on board a riverboat or in a casino
and | ||||||
| 24 | to have exclusive authority to establish the hours for | ||||||
| 25 | sale and
consumption of alcoholic liquor on board a | ||||||
| 26 | riverboat or in a casino, notwithstanding any
provision of | ||||||
| |||||||
| |||||||
| 1 | the Liquor Control Act of 1934 or any local ordinance, and
| ||||||
| 2 | regardless of whether the riverboat makes excursions. The
| ||||||
| 3 | establishment of the hours for sale and consumption of | ||||||
| 4 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
| 5 | exclusive power and function of the State. A home
rule | ||||||
| 6 | unit may not establish the hours for sale and consumption | ||||||
| 7 | of alcoholic
liquor on board a riverboat or in a casino. | ||||||
| 8 | This subdivision (18) is a denial and
limitation of home | ||||||
| 9 | rule powers and functions under subsection (h) of
Section | ||||||
| 10 | 6 of Article VII of the Illinois Constitution.
| ||||||
| 11 | (19) After consultation with the U.S. Army Corps of | ||||||
| 12 | Engineers, to
establish binding emergency orders upon the | ||||||
| 13 | concurrence of a majority of
the members of the Board | ||||||
| 14 | regarding the navigability of water, relative to
| ||||||
| 15 | excursions,
in the event
of extreme weather conditions, | ||||||
| 16 | acts of God or other extreme circumstances.
| ||||||
| 17 | (20) To delegate the execution of any of its powers | ||||||
| 18 | under this Act for
the purpose of administering and | ||||||
| 19 | enforcing this Act and the rules adopted by the Board.
| ||||||
| 20 | (20.5) To approve any contract entered into on its | ||||||
| 21 | behalf.
| ||||||
| 22 | (20.6) To appoint investigators to conduct | ||||||
| 23 | investigations, searches, seizures, arrests, and other | ||||||
| 24 | duties imposed under this Act, as deemed necessary by the | ||||||
| 25 | Board. These investigators have and may exercise all of | ||||||
| 26 | the rights and powers of peace officers, provided that | ||||||
| |||||||
| |||||||
| 1 | these powers shall be limited to offenses or violations | ||||||
| 2 | occurring or committed in a casino, in an organization | ||||||
| 3 | gaming facility, or on a riverboat or dock, as defined in | ||||||
| 4 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
| 5 | provided by this Act or any other law. | ||||||
| 6 | (20.7) To contract with the Illinois State Police for | ||||||
| 7 | the use of trained and qualified State police officers and | ||||||
| 8 | with the Department of Revenue for the use of trained and | ||||||
| 9 | qualified Department of Revenue investigators to conduct | ||||||
| 10 | investigations, searches, seizures, arrests, and other | ||||||
| 11 | duties imposed under this Act and to exercise all of the | ||||||
| 12 | rights and powers of peace officers, provided that the | ||||||
| 13 | powers of Department of Revenue investigators under this | ||||||
| 14 | subdivision (20.7) shall be limited to offenses or | ||||||
| 15 | violations occurring or committed in a casino, in an | ||||||
| 16 | organization gaming facility, or on a riverboat or dock, | ||||||
| 17 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
| 18 | otherwise provided by this Act or any other law. In the | ||||||
| 19 | event the Illinois State Police or the Department of | ||||||
| 20 | Revenue is unable to fill contracted police or | ||||||
| 21 | investigative positions, the Board may appoint | ||||||
| 22 | investigators to fill those positions pursuant to | ||||||
| 23 | subdivision (20.6).
| ||||||
| 24 | (21) To adopt rules concerning the conduct of gaming | ||||||
| 25 | pursuant to an organization gaming license issued under | ||||||
| 26 | this Act. | ||||||
| |||||||
| |||||||
| 1 | (22) To have the same jurisdiction and supervision | ||||||
| 2 | over casinos and organization gaming facilities as the | ||||||
| 3 | Board has over riverboats, including, but not limited to, | ||||||
| 4 | the power to (i) investigate, review, and approve | ||||||
| 5 | contracts as that power is applied to riverboats, (ii) | ||||||
| 6 | adopt rules for administering the provisions of this Act, | ||||||
| 7 | (iii) adopt standards for the licensing of all persons | ||||||
| 8 | involved with a casino or organization gaming facility, | ||||||
| 9 | (iv) investigate alleged violations of this Act by any | ||||||
| 10 | person involved with a casino or organization gaming | ||||||
| 11 | facility, and (v) require that records, including | ||||||
| 12 | financial or other statements of any casino or | ||||||
| 13 | organization gaming facility, shall be kept in such manner | ||||||
| 14 | as prescribed by the Board.
| ||||||
| 15 | (23) To take any other action as may be reasonable or | ||||||
| 16 | appropriate to
enforce this Act and the rules adopted by | ||||||
| 17 | the Board.
| ||||||
| 18 | (d) The Board may seek and shall receive the cooperation | ||||||
| 19 | of the
Illinois State Police in conducting background | ||||||
| 20 | investigations of
applicants and in fulfilling its | ||||||
| 21 | responsibilities under
this Section. Costs incurred by the | ||||||
| 22 | Illinois State Police as
a result of such cooperation shall be | ||||||
| 23 | paid by the Board in conformance
with the requirements of | ||||||
| 24 | Section 2605-400 of the Illinois State Police Law.
| ||||||
| 25 | (e) The Board must authorize to each investigator and to | ||||||
| 26 | any other
employee of the Board exercising the powers of a | ||||||
| |||||||
| |||||||
| 1 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
| 2 | states that the badge is authorized by the Board
and
(ii) | ||||||
| 3 | contains a unique identifying number. No other badge shall be | ||||||
| 4 | authorized
by the Board.
| ||||||
| 5 | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
| ||||||
| 6 | Section 105. The Environmental Justice Act is amended by | ||||||
| 7 | changing Section 10 as follows:
| ||||||
| 8 | (415 ILCS 155/10) | ||||||
| 9 | Sec. 10. Commission on Environmental Justice. | ||||||
| 10 | (a) The Commission on Environmental Justice is established | ||||||
| 11 | and consists of the following 24 voting members: | ||||||
| 12 | (1) 2 members of the Senate, one appointed by the | ||||||
| 13 | President of the Senate and the other by the Minority | ||||||
| 14 | Leader of the Senate, each to serve at the pleasure of the | ||||||
| 15 | appointing officer; | ||||||
| 16 | (2) 2 members of the House of Representatives, one | ||||||
| 17 | appointed by the Speaker of the House of Representatives | ||||||
| 18 | and the other by the Minority Leader of the House of | ||||||
| 19 | Representatives, each to serve at the pleasure of the | ||||||
| 20 | appointing officer; | ||||||
| 21 | (3) the following ex officio members: the Director of | ||||||
| 22 | Commerce and Economic Opportunity or his or her designee, | ||||||
| 23 | the Director of the Environmental Protection Agency or his | ||||||
| 24 | or her designee, the Director of Natural Resources or his | ||||||
| |||||||
| |||||||
| 1 | or her designee, the Director of Public Health or his or | ||||||
| 2 | her designee, the Secretary of Transportation or his or | ||||||
| 3 | her designee, and a representative of the housing office | ||||||
| 4 | of the Department of Human Services appointed by the | ||||||
| 5 | Secretary of Human Services;
and | ||||||
| 6 | (4) 14 members appointed by the Governor who represent | ||||||
| 7 | the following interests: | ||||||
| 8 | (i) at least 4 members of affected communities | ||||||
| 9 | concerned with environmental justice; | ||||||
| 10 | (ii) at least 2 members of business organizations | ||||||
| 11 | including one member representing a statewide | ||||||
| 12 | organization representing manufacturers and one member | ||||||
| 13 | representing an organization representing the energy | ||||||
| 14 | sector; | ||||||
| 15 | (iii) environmental organizations; | ||||||
| 16 | (iv) experts on environmental health and | ||||||
| 17 | environmental justice; | ||||||
| 18 | (v) units of local government; | ||||||
| 19 | (vi) members of the general public who have an | ||||||
| 20 | interest or expertise in environmental justice; and | ||||||
| 21 | (vii) at least 2 members of labor organizations | ||||||
| 22 | including one member from a statewide labor federation | ||||||
| 23 | representing more than one international union and one | ||||||
| 24 | member from an organization representing workers in | ||||||
| 25 | the energy sector. | ||||||
| 26 | (b) Of the initial members of the Commission appointed | ||||||
| |||||||
| |||||||
| 1 | by the Governor, 5 shall serve for a 2-year term and 5 | ||||||
| 2 | shall serve for a 1-year term, as designated by the | ||||||
| 3 | Governor at the time of appointment. The Thereafter, the | ||||||
| 4 | members appointed by the Governor for terms beginning | ||||||
| 5 | before the effective date of this amendatory Act of the | ||||||
| 6 | 102nd General Assembly shall serve 2-year terms. Members | ||||||
| 7 | appointed by the Governor for terms beginning on or after | ||||||
| 8 | the effective date of this amendatory Act of the 102nd | ||||||
| 9 | General Assembly shall serve 4-year terms. Vacancies shall | ||||||
| 10 | be filled in the same manner as appointments. Members of | ||||||
| 11 | the Commission appointed by the Governor may not receive | ||||||
| 12 | compensation for their service on the Commission and are | ||||||
| 13 | not entitled to reimbursement for expenses. | ||||||
| 14 | (c) The Governor shall designate a Chairperson from among | ||||||
| 15 | the Commission's members. The Commission shall meet at the | ||||||
| 16 | call of the Chairperson, but no later than 90 days after the | ||||||
| 17 | effective date of this Act and at least quarterly thereafter. | ||||||
| 18 | (d) The Commission shall: | ||||||
| 19 | (1) advise State entities on environmental justice and | ||||||
| 20 | related community issues; | ||||||
| 21 | (2) review and analyze the impact of current State | ||||||
| 22 | laws and policies on the issue of environmental justice | ||||||
| 23 | and sustainable communities; | ||||||
| 24 | (3) assess the adequacy of State and local laws to | ||||||
| 25 | address the issue of environmental justice and sustainable | ||||||
| 26 | communities; | ||||||
| |||||||
| |||||||
| 1 | (4) develop criteria to assess whether communities in | ||||||
| 2 | the State may be experiencing environmental justice | ||||||
| 3 | issues; and | ||||||
| 4 | (5) recommend options to the Governor for addressing | ||||||
| 5 | issues, concerns, or problems related to environmental | ||||||
| 6 | justice that surface after reviewing State laws and | ||||||
| 7 | policies, including prioritizing areas of the State that | ||||||
| 8 | need immediate attention. | ||||||
| 9 | (e) On or before October 1, 2011 and each October 1 | ||||||
| 10 | thereafter, the Commission shall report its findings and | ||||||
| 11 | recommendations to the Governor and General Assembly. | ||||||
| 12 | (f) The Environmental Protection Agency shall provide | ||||||
| 13 | administrative and other support to the Commission.
| ||||||
| 14 | (Source: P.A. 99-541, eff. 1-1-17.)
| ||||||
| 15 | Section 110. The Firearm Owners Identification Card Act is | ||||||
| 16 | amended by changing Section 10 as follows:
| ||||||
| 17 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
| 18 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
| 19 | prohibitions. | ||||||
| 20 | (a) Whenever an application for a Firearm Owner's | ||||||
| 21 | Identification
Card is denied or whenever such a Card is | ||||||
| 22 | revoked or seized
as provided for in Section 8 of this Act, the | ||||||
| 23 | aggrieved party may
(1) file a record challenge with the | ||||||
| 24 | Director regarding the record upon which the decision to deny | ||||||
| |||||||
| |||||||
| 1 | or revoke the Firearm Owner's Identification Card was based | ||||||
| 2 | under subsection (a-5); or (2) appeal
to the Director of the | ||||||
| 3 | Illinois State Police through December 31, 2022, or beginning | ||||||
| 4 | January 1, 2023, the Firearm Owner's Identification Card | ||||||
| 5 | Review Board for a hearing seeking relief from
such denial or | ||||||
| 6 | revocation unless the denial or revocation
was based upon a | ||||||
| 7 | forcible felony, stalking, aggravated stalking, domestic
| ||||||
| 8 | battery, any violation of the Illinois Controlled Substances | ||||||
| 9 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
| 10 | or the
Cannabis Control Act that is classified as a Class 2 or | ||||||
| 11 | greater felony,
any
felony violation of Article 24 of the | ||||||
| 12 | Criminal Code of 1961 or the Criminal Code of 2012, or any
| ||||||
| 13 | adjudication as a delinquent minor for the commission of an
| ||||||
| 14 | offense that if committed by an adult would be a felony, in | ||||||
| 15 | which case the
aggrieved party may petition the circuit court | ||||||
| 16 | in writing in the county of
his or her residence for a hearing | ||||||
| 17 | seeking relief from such denial or revocation.
| ||||||
| 18 | (a-5) There is created a Firearm Owner's Identification | ||||||
| 19 | Card Review Board to consider any appeal under subsection (a) | ||||||
| 20 | beginning January 1, 2023, other than an appeal directed to | ||||||
| 21 | the circuit court and except when the applicant is challenging | ||||||
| 22 | the record upon which the decision to deny or revoke was based | ||||||
| 23 | as provided in subsection (a-10). | ||||||
| 24 | (0.05) In furtherance of the policy of this Act that | ||||||
| 25 | the Board shall exercise its powers and duties in an | ||||||
| 26 | independent manner, subject to the provisions of this Act | ||||||
| |||||||
| |||||||
| 1 | but free from the direction, control, or influence of any | ||||||
| 2 | other agency or department of State government. All | ||||||
| 3 | expenses and liabilities incurred by the Board in the | ||||||
| 4 | performance of its responsibilities hereunder shall be | ||||||
| 5 | paid from funds which shall be appropriated to the Board | ||||||
| 6 | by the General Assembly for the ordinary and contingent | ||||||
| 7 | expenses of the Board. | ||||||
| 8 | (1) The Board shall consist of 7 members appointed by | ||||||
| 9 | the Governor, with the advice and consent of the Senate, | ||||||
| 10 | with 3 members residing within the First Judicial District | ||||||
| 11 | and one member residing within each of the 4 remaining | ||||||
| 12 | Judicial Districts. No more than 4 members shall be | ||||||
| 13 | members of the same political party. The Governor shall | ||||||
| 14 | designate one member as the chairperson. The members shall | ||||||
| 15 | have actual experience in law, education, social work, | ||||||
| 16 | behavioral sciences, law enforcement, or community affairs | ||||||
| 17 | or in a combination of those areas. The Board shall | ||||||
| 18 | consist of: | ||||||
| 19 | (A) one member with at least 5 years of service as | ||||||
| 20 | a federal or State judge; | ||||||
| 21 | (B) one member with at least 5 years of experience | ||||||
| 22 | serving as an attorney with the United States | ||||||
| 23 | Department of Justice, or as a State's Attorney or | ||||||
| 24 | Assistant State's Attorney; | ||||||
| 25 | (C) one member with at least 5 years of experience | ||||||
| 26 | serving as a State or federal public defender or | ||||||
| |||||||
| |||||||
| 1 | assistant public defender; | ||||||
| 2 | (D) three members with at least 5 years of | ||||||
| 3 | experience as a federal, State, or local law | ||||||
| 4 | enforcement agent or as an employee with investigative | ||||||
| 5 | experience or duties related to criminal justice under | ||||||
| 6 | the United States Department of Justice, Drug | ||||||
| 7 | Enforcement Administration, Department of Homeland | ||||||
| 8 | Security, Federal Bureau of Investigation, or a State | ||||||
| 9 | or local law enforcement agency; and | ||||||
| 10 | (E) one member with at least 5 years of experience | ||||||
| 11 | as a licensed physician or clinical psychologist with | ||||||
| 12 | expertise in the diagnosis and treatment of mental | ||||||
| 13 | illness. | ||||||
| 14 | (2) The terms of the members initially appointed after | ||||||
| 15 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
| 16 | shall be as follows: one of
the initial members shall be | ||||||
| 17 | appointed for a term of one year, 3 shall be
appointed for | ||||||
| 18 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
| 19 | years. Thereafter, members shall hold office for 4 years, | ||||||
| 20 | with terms expiring on the second Monday in January | ||||||
| 21 | immediately following the expiration of their terms and | ||||||
| 22 | every 4 years thereafter. Members may be reappointed. | ||||||
| 23 | Vacancies in the office of member shall be filled in the | ||||||
| 24 | same manner as the original appointment, for the remainder | ||||||
| 25 | of the unexpired term. The Governor may remove a member | ||||||
| 26 | for incompetence, neglect of duty, malfeasance, or | ||||||
| |||||||
| |||||||
| 1 | inability to serve. Members shall receive compensation in | ||||||
| 2 | an amount equal to the compensation of members of the | ||||||
| 3 | Executive Ethics Commission and may be reimbursed, from | ||||||
| 4 | funds appropriated for such a purpose, for reasonable | ||||||
| 5 | expenses actually incurred in the performance of their | ||||||
| 6 | Board duties. The Illinois State Police shall designate an | ||||||
| 7 | employee to serve as Executive Director of the Board and | ||||||
| 8 | provide logistical and administrative assistance to the | ||||||
| 9 | Board. | ||||||
| 10 | (3) The Board shall meet at least quarterly each year | ||||||
| 11 | and at the call of the chairperson as often as necessary to | ||||||
| 12 | consider appeals of decisions made with respect to | ||||||
| 13 | applications for a Firearm Owner's Identification Card | ||||||
| 14 | under this Act. If necessary to ensure the participation | ||||||
| 15 | of a member, the Board shall allow a member to participate | ||||||
| 16 | in a Board meeting by electronic communication. Any member | ||||||
| 17 | participating electronically shall be deemed present for | ||||||
| 18 | purposes of establishing a quorum and voting. | ||||||
| 19 | (4) The Board shall adopt rules for the review of | ||||||
| 20 | appeals and the conduct of hearings. The Board shall | ||||||
| 21 | maintain a record of its decisions and all materials | ||||||
| 22 | considered in making its decisions. All Board decisions | ||||||
| 23 | and voting records shall be kept confidential and all | ||||||
| 24 | materials considered by the Board shall be exempt from | ||||||
| 25 | inspection except upon order of a court. | ||||||
| 26 | (5) In considering an appeal, the Board shall review | ||||||
| |||||||
| |||||||
| 1 | the materials received concerning the denial or revocation | ||||||
| 2 | by the Illinois State Police. By a vote of at least 4 | ||||||
| 3 | members, the Board may request additional information from | ||||||
| 4 | the Illinois State Police or the applicant or the | ||||||
| 5 | testimony of the Illinois State Police or the applicant. | ||||||
| 6 | The Board may require that the applicant submit electronic | ||||||
| 7 | fingerprints to the Illinois State Police for an updated | ||||||
| 8 | background check if the Board determines it lacks | ||||||
| 9 | sufficient information to determine eligibility. The Board | ||||||
| 10 | may consider information submitted by the Illinois State | ||||||
| 11 | Police, a law enforcement agency, or the applicant. The | ||||||
| 12 | Board shall review each denial or revocation and determine | ||||||
| 13 | by a majority of members whether an applicant should be | ||||||
| 14 | granted relief under subsection (c). | ||||||
| 15 | (6) The Board shall by order issue summary decisions. | ||||||
| 16 | The Board shall issue a decision within 45 days of | ||||||
| 17 | receiving all completed appeal documents from the Illinois | ||||||
| 18 | State Police and the applicant. However, the Board need | ||||||
| 19 | not issue a decision within 45 days if: | ||||||
| 20 | (A) the Board requests information from the | ||||||
| 21 | applicant, including, but not limited to, electronic | ||||||
| 22 | fingerprints to be submitted to the Illinois State | ||||||
| 23 | Police, in accordance with paragraph (5) of this | ||||||
| 24 | subsection, in which case the Board shall make a | ||||||
| 25 | decision within 30 days of receipt of the required | ||||||
| 26 | information from the applicant; | ||||||
| |||||||
| |||||||
| 1 | (B) the applicant agrees, in writing, to allow the | ||||||
| 2 | Board additional time to consider an appeal; or | ||||||
| 3 | (C) the Board notifies the applicant and the | ||||||
| 4 | Illinois State Police that the Board needs an | ||||||
| 5 | additional 30 days to issue a decision. The Board may | ||||||
| 6 | only issue 2 extensions under this subparagraph (C). | ||||||
| 7 | The Board's notification to the applicant and the | ||||||
| 8 | Illinois State Police shall include an explanation for | ||||||
| 9 | the extension. | ||||||
| 10 | (7) If the Board determines that the applicant is | ||||||
| 11 | eligible for relief under subsection (c), the Board shall | ||||||
| 12 | notify the applicant and the Illinois State Police that | ||||||
| 13 | relief has been granted and the Illinois State Police | ||||||
| 14 | shall issue the Card. | ||||||
| 15 | (8) Meetings of the Board shall not be subject to the | ||||||
| 16 | Open Meetings Act and records of the Board shall not be | ||||||
| 17 | subject to the Freedom of Information Act. | ||||||
| 18 | (9) The Board shall report monthly to the Governor and | ||||||
| 19 | the General Assembly on the number of appeals received and | ||||||
| 20 | provide details of the circumstances in which the Board | ||||||
| 21 | has determined to deny Firearm Owner's Identification | ||||||
| 22 | Cards under this subsection (a-5). The report shall not | ||||||
| 23 | contain any identifying information about the applicants. | ||||||
| 24 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
| 25 | relief from a firearms prohibition under subsection (c) but | ||||||
| 26 | rather does not believe the applicant is appropriately denied | ||||||
| |||||||
| |||||||
| 1 | or revoked and is challenging the record upon which the | ||||||
| 2 | decision to deny or revoke the Firearm Owner's Identification | ||||||
| 3 | Card was based, or whenever the Illinois State Police fails to | ||||||
| 4 | act on an application within 30 days of its receipt, the | ||||||
| 5 | applicant shall file such challenge with the Director. The | ||||||
| 6 | Director shall render a decision within 60 business days of | ||||||
| 7 | receipt of all information supporting the challenge. The | ||||||
| 8 | Illinois State Police shall adopt rules for the review of a | ||||||
| 9 | record challenge. | ||||||
| 10 | (b) At least 30 days before any hearing in the circuit | ||||||
| 11 | court, the
petitioner shall serve the
relevant State's | ||||||
| 12 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
| 13 | object to the petition and present evidence. At the hearing, | ||||||
| 14 | the court
shall
determine whether substantial justice has been | ||||||
| 15 | done. Should the court
determine that substantial justice has | ||||||
| 16 | not been done, the court shall issue an
order directing the | ||||||
| 17 | Illinois State Police to issue a Card. However, the court | ||||||
| 18 | shall not issue the order if the petitioner is otherwise | ||||||
| 19 | prohibited from obtaining, possessing, or using a firearm | ||||||
| 20 | under
federal law.
| ||||||
| 21 | (c) Any person prohibited from possessing a firearm under | ||||||
| 22 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
| 23 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
| 24 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
| 25 | Card Review Board
or petition the circuit court in the county | ||||||
| 26 | where the petitioner resides,
whichever is applicable in | ||||||
| |||||||
| |||||||
| 1 | accordance with subsection (a) of this Section,
requesting | ||||||
| 2 | relief
from such prohibition and the Board or court may grant | ||||||
| 3 | such relief if it
is
established by the applicant to the | ||||||
| 4 | court's or the Board's satisfaction
that:
| ||||||
| 5 | (0.05) when in the circuit court, the State's Attorney | ||||||
| 6 | has been served
with a written
copy of the
petition at | ||||||
| 7 | least 30 days before any such hearing in the circuit court | ||||||
| 8 | and at
the hearing the
State's Attorney was afforded an | ||||||
| 9 | opportunity to present evidence and object to
the | ||||||
| 10 | petition;
| ||||||
| 11 | (1) the applicant has not been convicted of a forcible | ||||||
| 12 | felony under the
laws of this State or any other | ||||||
| 13 | jurisdiction within 20 years of the
applicant's | ||||||
| 14 | application for a Firearm Owner's Identification Card, or | ||||||
| 15 | at
least 20 years have passed since the end of any period | ||||||
| 16 | of imprisonment
imposed in relation to that conviction;
| ||||||
| 17 | (2) the circumstances regarding a criminal conviction, | ||||||
| 18 | where applicable,
the applicant's criminal history and his | ||||||
| 19 | reputation are such that the applicant
will not be likely | ||||||
| 20 | to act in a manner dangerous to public safety;
| ||||||
| 21 | (3) granting relief would not be contrary to the | ||||||
| 22 | public interest; and | ||||||
| 23 | (4) granting relief would not be contrary to federal | ||||||
| 24 | law.
| ||||||
| 25 | (c-5) (1) An active law enforcement officer employed by a | ||||||
| 26 | unit of government or a Department of Corrections employee | ||||||
| |||||||
| |||||||
| 1 | authorized to possess firearms who is denied, revoked, or has | ||||||
| 2 | his or her Firearm Owner's Identification Card seized under | ||||||
| 3 | subsection (e) of Section 8 of this Act may apply to the | ||||||
| 4 | Firearm Owner's Identification Card Review Board requesting | ||||||
| 5 | relief if the officer or employee did not act in a manner | ||||||
| 6 | threatening to the officer or employee, another person, or the | ||||||
| 7 | public as determined by the treating clinical psychologist or | ||||||
| 8 | physician, and as a result of his or her work is referred by | ||||||
| 9 | the employer for or voluntarily seeks mental health evaluation | ||||||
| 10 | or treatment by a licensed clinical psychologist, | ||||||
| 11 | psychiatrist, or qualified examiner, and: | ||||||
| 12 | (A) the officer or employee has not received treatment | ||||||
| 13 | involuntarily at a mental health facility, regardless of | ||||||
| 14 | the length of admission; or has not been voluntarily | ||||||
| 15 | admitted to a mental health facility for more than 30 days | ||||||
| 16 | and not for more than one incident within the past 5 years; | ||||||
| 17 | and | ||||||
| 18 | (B) the officer or employee has not left the mental | ||||||
| 19 | institution against medical advice. | ||||||
| 20 | (2) The Firearm Owner's Identification Card Review Board | ||||||
| 21 | shall grant expedited relief to active law enforcement | ||||||
| 22 | officers and employees described in paragraph (1) of this | ||||||
| 23 | subsection (c-5) upon a determination by the Board that the | ||||||
| 24 | officer's or employee's possession of a firearm does not | ||||||
| 25 | present a threat to themselves, others, or public safety. The | ||||||
| 26 | Board shall act on the request for relief within 30 business | ||||||
| |||||||
| |||||||
| 1 | days of receipt of: | ||||||
| 2 | (A) a notarized statement from the officer or employee | ||||||
| 3 | in the form prescribed by the Board detailing the | ||||||
| 4 | circumstances that led to the hospitalization; | ||||||
| 5 | (B) all documentation regarding the admission, | ||||||
| 6 | evaluation, treatment and discharge from the treating | ||||||
| 7 | licensed clinical psychologist or psychiatrist of the | ||||||
| 8 | officer; | ||||||
| 9 | (C) a psychological fitness for duty evaluation of the | ||||||
| 10 | person completed after the time of discharge; and | ||||||
| 11 | (D) written confirmation in the form prescribed by the | ||||||
| 12 | Board from the treating licensed clinical psychologist or | ||||||
| 13 | psychiatrist that the provisions set forth in paragraph | ||||||
| 14 | (1) of this subsection (c-5) have been met, the person | ||||||
| 15 | successfully completed treatment, and their professional | ||||||
| 16 | opinion regarding the person's ability to possess | ||||||
| 17 | firearms. | ||||||
| 18 | (3) Officers and employees eligible for the expedited | ||||||
| 19 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
| 20 | burden of proof on eligibility and must provide all | ||||||
| 21 | information required. The Board may not consider granting | ||||||
| 22 | expedited relief until the proof and information is received. | ||||||
| 23 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
| 24 | "qualified examiner" shall have the same meaning as provided | ||||||
| 25 | in Chapter I of the Mental Health and Developmental | ||||||
| 26 | Disabilities Code. | ||||||
| |||||||
| |||||||
| 1 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
| 2 | his or her Firearm Owner's Identification Card seized under | ||||||
| 3 | subsection (e) of Section 8 of this Act based upon a | ||||||
| 4 | determination of a developmental disability or an intellectual | ||||||
| 5 | disability may apply to the Firearm Owner's Identification | ||||||
| 6 | Card Review Board requesting relief. | ||||||
| 7 | (2) The Board shall act on the request for relief within 60 | ||||||
| 8 | business days of receipt of written certification, in the form | ||||||
| 9 | prescribed by the Board, from a physician or clinical | ||||||
| 10 | psychologist, or qualified examiner, that the aggrieved | ||||||
| 11 | party's developmental disability or intellectual disability | ||||||
| 12 | condition is determined by a physician, clinical psychologist, | ||||||
| 13 | or qualified to be mild. If a fact-finding conference is | ||||||
| 14 | scheduled to obtain additional information concerning the | ||||||
| 15 | circumstances of the denial or revocation, the 60 business | ||||||
| 16 | days the Director has to act shall be tolled until the | ||||||
| 17 | completion of the fact-finding conference. | ||||||
| 18 | (3) The Board may grant relief if the aggrieved party's | ||||||
| 19 | developmental disability or intellectual disability is mild as | ||||||
| 20 | determined by a physician, clinical psychologist, or qualified | ||||||
| 21 | examiner and it is established by the applicant to the Board's | ||||||
| 22 | satisfaction that: | ||||||
| 23 | (A) granting relief would not be contrary to the | ||||||
| 24 | public interest; and | ||||||
| 25 | (B) granting relief would not be contrary to federal | ||||||
| 26 | law. | ||||||
| |||||||
| |||||||
| 1 | (4) The Board may not grant relief if the condition is | ||||||
| 2 | determined by a physician, clinical psychologist, or qualified | ||||||
| 3 | examiner to be moderate, severe, or profound. | ||||||
| 4 | (5) The changes made to this Section by Public Act 99-29 | ||||||
| 5 | apply to requests for
relief pending on or before July 10, 2015 | ||||||
| 6 | (the effective date of Public Act 99-29), except that the | ||||||
| 7 | 60-day period for the Director to act on requests pending | ||||||
| 8 | before the effective date shall begin
on July 10, 2015 (the | ||||||
| 9 | effective date of Public Act 99-29). All appeals as provided | ||||||
| 10 | in subsection (a-5) pending on January 1, 2023 shall be | ||||||
| 11 | considered by the Board. | ||||||
| 12 | (d) When a minor is adjudicated delinquent for an offense | ||||||
| 13 | which if
committed by an adult would be a felony, the court | ||||||
| 14 | shall notify the Illinois State Police.
| ||||||
| 15 | (e) The court shall review the denial of an application or | ||||||
| 16 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
| 17 | person who has been adjudicated
delinquent for an offense that | ||||||
| 18 | if
committed by an adult would be a felony if an
application | ||||||
| 19 | for relief has been filed at least 10 years after the | ||||||
| 20 | adjudication
of delinquency and the court determines that the | ||||||
| 21 | applicant should be
granted relief from disability to obtain a | ||||||
| 22 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 23 | relief, the court shall notify the Illinois State
Police that | ||||||
| 24 | the disability has
been removed and that the applicant is | ||||||
| 25 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
| 26 | (f) Any person who is subject to the disabilities of 18 | ||||||
| |||||||
| |||||||
| 1 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
| 2 | of 1968 because of an adjudication or commitment that occurred | ||||||
| 3 | under the laws of this State or who was determined to be | ||||||
| 4 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
| 5 | Section 8 of this Act may apply to the Illinois State Police | ||||||
| 6 | requesting relief from that prohibition. The Board shall grant | ||||||
| 7 | the relief if it is established by a preponderance of the | ||||||
| 8 | evidence that the person will not be likely to act in a manner | ||||||
| 9 | dangerous to public safety and that granting relief would not | ||||||
| 10 | be contrary to the public interest. In making this | ||||||
| 11 | determination, the Board shall receive evidence concerning (i) | ||||||
| 12 | the circumstances regarding the firearms disabilities from | ||||||
| 13 | which relief is sought; (ii) the petitioner's mental health | ||||||
| 14 | and criminal history records, if any; (iii) the petitioner's | ||||||
| 15 | reputation, developed at a minimum through character witness | ||||||
| 16 | statements, testimony, or other character evidence; and (iv) | ||||||
| 17 | changes in the petitioner's condition or circumstances since | ||||||
| 18 | the disqualifying events relevant to the relief sought. If | ||||||
| 19 | relief is granted under this subsection or by order of a court | ||||||
| 20 | under this Section, the Director shall as soon as practicable | ||||||
| 21 | but in no case later than 15 business days, update, correct, | ||||||
| 22 | modify, or remove the person's record in any database that the | ||||||
| 23 | Illinois State Police makes available to the National Instant | ||||||
| 24 | Criminal Background Check System and notify the United States | ||||||
| 25 | Attorney General that the basis for the record being made | ||||||
| 26 | available no longer applies. The Illinois State Police shall | ||||||
| |||||||
| |||||||
| 1 | adopt rules for the administration of this Section. | ||||||
| 2 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 3 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
| 4 | Section 115. The Firearm Concealed Carry Act is amended by | ||||||
| 5 | changing Section 20 as follows:
| ||||||
| 6 | (430 ILCS 66/20)
| ||||||
| 7 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
| 8 | (a) There is hereby created within the Illinois State | ||||||
| 9 | Police a Concealed Carry Licensing Review Board to consider | ||||||
| 10 | any objection to an applicant's eligibility to obtain a | ||||||
| 11 | license under this Act submitted by a law enforcement agency | ||||||
| 12 | or the Illinois State Police under Section 15 of this Act. The | ||||||
| 13 | Board shall consist of 7 commissioners to be appointed by the | ||||||
| 14 | Governor, with the advice and consent of the Senate, with 3 | ||||||
| 15 | commissioners residing within the First Judicial District and | ||||||
| 16 | one commissioner residing within each of the 4 remaining | ||||||
| 17 | Judicial Districts. No more than 4 commissioners shall be | ||||||
| 18 | members of the same political party. The Governor shall | ||||||
| 19 | designate one commissioner as the Chairperson. The members | ||||||
| 20 | shall have actual experience in law, education, social work, | ||||||
| 21 | behavioral sciences, law enforcement, or community affairs or | ||||||
| 22 | in a combination of those areas. The Board shall consist of: | ||||||
| 23 | (1) one commissioner with at least 5 years of service | ||||||
| 24 | as a federal judge; | ||||||
| |||||||
| |||||||
| 1 | (2) 2 commissioners with at least 5 years of | ||||||
| 2 | experience serving as an attorney with the United States | ||||||
| 3 | Department of Justice; | ||||||
| 4 | (3) 3 commissioners with at least 5 years of | ||||||
| 5 | experience as a federal agent or employee with | ||||||
| 6 | investigative experience or duties related to criminal | ||||||
| 7 | justice under the United States Department of Justice, | ||||||
| 8 | Drug Enforcement Administration, Department of Homeland | ||||||
| 9 | Security, or Federal Bureau of Investigation; and | ||||||
| 10 | (4) one member with at least 5 years of experience as a | ||||||
| 11 | licensed physician or clinical psychologist with expertise | ||||||
| 12 | in the diagnosis and treatment of mental illness. | ||||||
| 13 | (b) The initial terms of the commissioners shall end on | ||||||
| 14 | January 12, 2015. Notwithstanding any provision in this | ||||||
| 15 | Section to the contrary, the term
of office of each | ||||||
| 16 | commissioner of the Concealed Carry Licensing Review Board is | ||||||
| 17 | abolished on January 1, 2022 (the effective date of Public Act | ||||||
| 18 | 102-237). The terms of the commissioners appointed on or after | ||||||
| 19 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
| 20 | shall be as follows: one of
the initial members shall be | ||||||
| 21 | appointed for a term of one year, 3 shall be
appointed for | ||||||
| 22 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
| 23 | years. Thereafter, the commissioners shall hold office for 4 | ||||||
| 24 | years, with terms expiring on the second Monday in January of | ||||||
| 25 | the fourth year. Commissioners may be reappointed. Vacancies | ||||||
| 26 | in the office of commissioner shall be filled in the same | ||||||
| |||||||
| |||||||
| 1 | manner as the original appointment, for the remainder of the | ||||||
| 2 | unexpired term. The Governor may remove a commissioner for | ||||||
| 3 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
| 4 | serve. Commissioners shall receive compensation in an amount | ||||||
| 5 | equal to the compensation of members of the Executive Ethics | ||||||
| 6 | Commission and may be reimbursed for reasonable expenses | ||||||
| 7 | actually incurred in the performance of their Board duties, | ||||||
| 8 | from funds appropriated for that purpose. | ||||||
| 9 | (c) The Board shall meet at the call of the chairperson as | ||||||
| 10 | often as necessary to consider objections to applications for | ||||||
| 11 | a license under this Act. If necessary to ensure the | ||||||
| 12 | participation of a commissioner, the Board shall allow a | ||||||
| 13 | commissioner to participate in a Board meeting by electronic | ||||||
| 14 | communication. Any commissioner participating electronically | ||||||
| 15 | shall be deemed present for purposes of establishing a quorum | ||||||
| 16 | and voting. | ||||||
| 17 | (d) The Board shall adopt rules for the review of | ||||||
| 18 | objections and the conduct of hearings. The Board shall | ||||||
| 19 | maintain a record of its decisions and all materials | ||||||
| 20 | considered in making its decisions. All Board decisions and | ||||||
| 21 | voting records shall be kept confidential and all materials | ||||||
| 22 | considered by the Board shall be exempt from inspection except | ||||||
| 23 | upon order of a court. | ||||||
| 24 | (e) In considering an objection of a law enforcement | ||||||
| 25 | agency or the Illinois State Police, the Board shall review | ||||||
| 26 | the materials received with the objection from the law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency or the Illinois State Police. By a vote of | ||||||
| 2 | at least 4 commissioners, the Board may request additional | ||||||
| 3 | information from the law enforcement agency, Illinois State | ||||||
| 4 | Police, or the applicant, or the testimony of the law | ||||||
| 5 | enforcement agency, Illinois State Police, or the applicant. | ||||||
| 6 | The Board may require that the applicant submit electronic | ||||||
| 7 | fingerprints to the Illinois State Police for an updated | ||||||
| 8 | background check where the Board determines it lacks | ||||||
| 9 | sufficient information to determine eligibility. The Board may | ||||||
| 10 | only consider information submitted by the Illinois State | ||||||
| 11 | Police, a law enforcement agency, or the applicant. The Board | ||||||
| 12 | shall review each objection and determine by a majority of | ||||||
| 13 | commissioners whether an applicant is eligible for a license. | ||||||
| 14 | (f) The Board shall issue a decision within 30 days of | ||||||
| 15 | receipt of the objection from the Illinois State Police. | ||||||
| 16 | However, the Board need not issue a decision within 30 days if: | ||||||
| 17 | (1) the Board requests information from the applicant, | ||||||
| 18 | including but not limited to electronic fingerprints to be | ||||||
| 19 | submitted to the Illinois State Police, in accordance with | ||||||
| 20 | subsection (e) of this Section, in which case the Board | ||||||
| 21 | shall make a decision within 30 days of receipt of the | ||||||
| 22 | required information from the applicant; | ||||||
| 23 | (2) the applicant agrees, in writing, to allow the | ||||||
| 24 | Board additional time to consider an objection; or | ||||||
| 25 | (3) the Board notifies the applicant and the Illinois | ||||||
| 26 | State Police that the Board needs an additional 30 days to | ||||||
| |||||||
| |||||||
| 1 | issue a decision. | ||||||
| 2 | (g) If the Board determines by a preponderance of the | ||||||
| 3 | evidence that the applicant poses a danger to himself or | ||||||
| 4 | herself or others, or is a threat to public safety, then the | ||||||
| 5 | Board shall affirm the objection of the law enforcement agency | ||||||
| 6 | or the Illinois State Police and shall notify the Illinois | ||||||
| 7 | State Police that the applicant is ineligible for a license. | ||||||
| 8 | If the Board does not determine by a preponderance of the | ||||||
| 9 | evidence that the applicant poses a danger to himself or | ||||||
| 10 | herself or others, or is a threat to public safety, then the | ||||||
| 11 | Board shall notify the Illinois State Police that the | ||||||
| 12 | applicant is eligible for a license. | ||||||
| 13 | (h) Meetings of the Board shall not be subject to the Open | ||||||
| 14 | Meetings Act and records of the Board shall not be subject to | ||||||
| 15 | the Freedom of Information Act. | ||||||
| 16 | (i) The Board shall report monthly to the Governor and the | ||||||
| 17 | General Assembly on the number of objections received and | ||||||
| 18 | provide details of the circumstances in which the Board has | ||||||
| 19 | determined to deny licensure based on law enforcement or | ||||||
| 20 | Illinois State Police objections under Section 15 of this Act. | ||||||
| 21 | The report shall not contain any identifying information about | ||||||
| 22 | the applicants.
| ||||||
| 23 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 24 | 102-813, eff. 5-13-22.)
| ||||||
| 25 | (615 ILCS 60/Act rep.) | ||||||
| |||||||
| |||||||
| 1 | Section 120. The Des Plaines and Illinois Rivers Act is | ||||||
| 2 | repealed.
| ||||||
| 3 | Section 125. The Illinois Human Rights Act is amended by | ||||||
| 4 | changing Section 8-101 as follows:
| ||||||
| 5 | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
| ||||||
| 6 | Sec. 8-101. Illinois Human Rights Commission.
| ||||||
| 7 | (A) Creation; appointments. The Human Rights Commission is | ||||||
| 8 | created to consist
of 7 members appointed by the Governor with | ||||||
| 9 | the advice and consent of the
Senate. No more than 4 members | ||||||
| 10 | shall be of the same political party. The
Governor shall | ||||||
| 11 | designate one member as chairperson. All appointments shall
be | ||||||
| 12 | in writing and filed with the Secretary of State as a public | ||||||
| 13 | record.
| ||||||
| 14 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
| 15 | appointed for a
term to expire on the third Monday of January, | ||||||
| 16 | 2021, and 3 (including the
Chairperson) shall be appointed for | ||||||
| 17 | a term to expire on the third Monday
of January, 2023.
| ||||||
| 18 | Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, the term
of office of each member of the Illinois | ||||||
| 20 | Human Rights Commission is
abolished on January 19, 2019. | ||||||
| 21 | Incumbent members holding a position on the Commission that | ||||||
| 22 | was created by Public Act 84-115 and whose terms, if not for | ||||||
| 23 | this amendatory Act of the 100th General Assembly, would have | ||||||
| 24 | expired January 18, 2021 shall continue to exercise all of the | ||||||
| |||||||
| |||||||
| 1 | powers and be
subject to all of the duties of members of the | ||||||
| 2 | Commission until June 30, 2019 or until
their respective | ||||||
| 3 | successors are appointed and qualified, whichever is earlier.
| ||||||
| 4 | Thereafter, each member shall serve for a term of 4 years
| ||||||
| 5 | and until his or her successor is appointed and qualified; | ||||||
| 6 | except that any
member chosen to fill a vacancy occurring | ||||||
| 7 | otherwise than by expiration of
a term shall be appointed only | ||||||
| 8 | for the unexpired term of the member whom
he or she shall | ||||||
| 9 | succeed and until his or her successor is appointed and
| ||||||
| 10 | qualified.
| ||||||
| 11 | (C) Vacancies. | ||||||
| 12 | (1) In the case of vacancies on the Commission during
| ||||||
| 13 | a recess of the Senate, the Governor shall make a | ||||||
| 14 | temporary appointment
until the next meeting of the Senate | ||||||
| 15 | when he or she shall appoint a person
to fill the vacancy. | ||||||
| 16 | Any person so nominated and confirmed by the Senate
shall | ||||||
| 17 | hold office for the remainder of the term and until his or | ||||||
| 18 | her successor
is appointed and qualified.
| ||||||
| 19 | (2) If the Senate is not in session at the time this | ||||||
| 20 | Act takes effect,
the Governor shall make temporary | ||||||
| 21 | appointments to the Commission as in the
case of | ||||||
| 22 | vacancies.
| ||||||
| 23 | (3) Vacancies in the Commission shall not impair the | ||||||
| 24 | right of the remaining
members to exercise all the powers | ||||||
| 25 | of the Commission. Except when authorized
by this Act to | ||||||
| 26 | proceed through a 3 member panel, a majority of the | ||||||
| |||||||
| |||||||
| 1 | members
of the Commission then in office shall constitute | ||||||
| 2 | a quorum.
| ||||||
| 3 | (D) Compensation. On and after January 19, 2019, the | ||||||
| 4 | Chairperson of the Commission shall be compensated
at the rate | ||||||
| 5 | of $125,000 per year, or as set by the Compensation Review
| ||||||
| 6 | Board, whichever is greater, during his or her service as | ||||||
| 7 | Chairperson,
and each other member shall be compensated at the | ||||||
| 8 | rate of $119,000 per
year, or as set by the Compensation Review | ||||||
| 9 | Board, whichever is greater.
In addition, all members of the | ||||||
| 10 | Commission shall be reimbursed for expenses
actually and | ||||||
| 11 | necessarily incurred by them
in the performance of their | ||||||
| 12 | duties.
| ||||||
| 13 | (E) Notwithstanding the general supervisory authority of | ||||||
| 14 | the Chairperson, each commissioner, unless appointed to the | ||||||
| 15 | special temporary panel created under subsection (H), has the | ||||||
| 16 | authority to hire and supervise a staff attorney. The staff | ||||||
| 17 | attorney shall report directly to the individual commissioner. | ||||||
| 18 | (F) A formal training program for newly appointed | ||||||
| 19 | commissioners shall be implemented. The training program shall | ||||||
| 20 | include the following: | ||||||
| 21 | (1) substantive and procedural aspects of the office | ||||||
| 22 | of commissioner; | ||||||
| 23 | (2) current issues in employment and housing | ||||||
| 24 | discrimination and public accommodation law and practice; | ||||||
| 25 | (3) orientation to each operational unit of the
Human | ||||||
| 26 | Rights Commission; | ||||||
| |||||||
| |||||||
| 1 | (4) observation of experienced hearing officers and | ||||||
| 2 | commissioners conducting hearings of cases, combined with | ||||||
| 3 | the opportunity to discuss evidence presented and rulings | ||||||
| 4 | made; | ||||||
| 5 | (5) the use of hypothetical cases requiring the
newly | ||||||
| 6 | appointed commissioner to issue judgments as a means of | ||||||
| 7 | evaluating knowledge and writing ability; | ||||||
| 8 | (6) writing skills; and | ||||||
| 9 | (7) professional and ethical standards. | ||||||
| 10 | A formal and ongoing professional development program | ||||||
| 11 | including, but not limited to, the above-noted areas shall be | ||||||
| 12 | implemented to keep commissioners informed of recent | ||||||
| 13 | developments and issues and to assist them in maintaining and | ||||||
| 14 | enhancing their professional competence. Each commissioner | ||||||
| 15 | shall complete 20 hours of training in the above-noted areas | ||||||
| 16 | during every 2 years the commissioner remains in office. | ||||||
| 17 | (G) Commissioners must meet one of the following | ||||||
| 18 | qualifications: | ||||||
| 19 | (1) licensed to practice law in the State of Illinois; | ||||||
| 20 | (2) at least 3 years of experience as a hearing | ||||||
| 21 | officer at the Human Rights Commission; or | ||||||
| 22 | (3) at least 4 years of professional experience | ||||||
| 23 | working for or dealing with individuals or corporations | ||||||
| 24 | affected by this Act or similar laws in other | ||||||
| 25 | jurisdictions, including, but not limited to, experience | ||||||
| 26 | with a civil rights advocacy group, a fair housing group, | ||||||
| |||||||
| |||||||
| 1 | a community organization, a trade association, a union, a | ||||||
| 2 | law firm, a legal aid organization, an employer's human | ||||||
| 3 | resources department, an employment discrimination | ||||||
| 4 | consulting firm, a community affairs organization, or a | ||||||
| 5 | municipal human relations agency. | ||||||
| 6 | The Governor's appointment message, filed with the | ||||||
| 7 | Secretary of State and transmitted to the Senate, shall state | ||||||
| 8 | specifically how the experience of a nominee for commissioner | ||||||
| 9 | meets the requirement set forth in this subsection. The | ||||||
| 10 | Chairperson must have public or private sector management and | ||||||
| 11 | budget experience, as determined by the Governor. | ||||||
| 12 | Each commissioner shall devote full time to his or her | ||||||
| 13 | duties and any commissioner who is an attorney shall not | ||||||
| 14 | engage in the practice of law, nor shall any commissioner hold | ||||||
| 15 | any other office or position of profit under the United States | ||||||
| 16 | or this State or any municipal corporation or political | ||||||
| 17 | subdivision of this State, nor engage in any other business, | ||||||
| 18 | employment, or vocation. | ||||||
| 19 | (H) Notwithstanding any other provision of this Act, the | ||||||
| 20 | Governor shall appoint, by and with the consent of the Senate, | ||||||
| 21 | a special temporary panel of commissioners comprised of 3 | ||||||
| 22 | members. The members shall hold office until the Commission, | ||||||
| 23 | in consultation with the Governor, determines that the | ||||||
| 24 | caseload of requests for review has been reduced sufficiently | ||||||
| 25 | to allow cases to proceed in a timely manner, or for a term of | ||||||
| 26 | 18 months from the date of appointment by the Governor, | ||||||
| |||||||
| |||||||
| 1 | whichever is earlier. Each of the 3 members shall have only | ||||||
| 2 | such rights and powers of a commissioner necessary to dispose | ||||||
| 3 | of the cases assigned to the special panel. Each of the 3 | ||||||
| 4 | members appointed to the special panel shall receive the same | ||||||
| 5 | salary as other commissioners for the duration of the panel. | ||||||
| 6 | The panel shall have the authority to hire and supervise a | ||||||
| 7 | staff attorney who shall report to the panel of commissioners. | ||||||
| 8 | (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
| ||||||
| 9 | Section 999. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.".
| ||||||