Bill Text: IL SB2114 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends various Acts. Removes the requirement that the Senate provides advise and consent to specified nominations.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-02-07 - Referred to Assignments [SB2114 Detail]
Download: Illinois-2025-SB2114-Introduced.html
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | AN ACT concerning State government.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Section 5. The Illinois Enterprise Zone Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | changing Section 5.2.1 as follows:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | (20 ILCS 655/5.2.1) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Sec. 5.2.1. Enterprise Zone Board. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | (a) An Enterprise Zone Board is hereby created within the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | Department. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | (b) The Board shall consist of the following 5 members: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | (1) the Director of Commerce and Economic Opportunity, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | or his or her designee, who shall serve as chairperson; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | (2) the Director of Revenue, or his or her designee; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | (3) three members appointed by the Governor, with the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | advice and consent of the Senate. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | Board members shall serve without compensation but may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | reimbursed for necessary expenses incurred in the performance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | of their duties. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | (c) Each member appointed under item (3) of subsection (b) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | shall have at least 5 years of experience in business, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | economic development, or site location. Of the members | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | appointed under item (3) of subsection (b): one member shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | reside in Cook County; one member shall reside in DuPage, | ||||||
| 2 | Kane, Lake, McHenry, or Will County; and one member shall | ||||||
| 3 | reside in a county other than Cook, DuPage, Kane, Lake, | ||||||
| 4 | McHenry, or Will. | ||||||
| 5 | (d) Of the initial members appointed under item (3) of | ||||||
| 6 | subsection (b): one member shall serve for a term of 2 years; | ||||||
| 7 | one member shall serve for a term of 3 years; and one member | ||||||
| 8 | shall serve for a term of 4 years. Thereafter, all members | ||||||
| 9 | appointed under item (3) of subsection (b) shall serve for | ||||||
| 10 | terms of 4 years. Members appointed under item (3) of | ||||||
| 11 | subsection (b) may be reappointed. The Governor may remove a | ||||||
| 12 | member appointed under item (3) of subsection (b) for | ||||||
| 13 | incompetence, neglect of duty, or malfeasance in office. | ||||||
| 14 | (e) By September 30, 2015, and September 30 of each year | ||||||
| 15 | thereafter, all applications filed by December 31 of the | ||||||
| 16 | preceding calendar year and deemed qualified by the Department | ||||||
| 17 | shall be approved or denied by the Board. If such application | ||||||
| 18 | is not approved by September 30, the application shall be | ||||||
| 19 | considered denied. If an application is denied, the Board | ||||||
| 20 | shall inform the applicant of the specific reasons for the | ||||||
| 21 | denial. | ||||||
| 22 | (f) A majority of the Board will determine whether an | ||||||
| 23 | application is approved or denied. The Board is not, at any | ||||||
| 24 | time, required to designate an enterprise zone. | ||||||
| 25 | (g) In determining which designated areas shall be | ||||||
| 26 | approved and certified as enterprise zones, the Board shall | ||||||
| |||||||
| |||||||
| 1 | give preference to the extent to which the area meets the | ||||||
| 2 | criteria set forth in Section 4. | ||||||
| 3 | (Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
| ||||||
| 4 | Section 10. The Energy Transition Act is amended by | ||||||
| 5 | changing Section 5-65 as follows:
| ||||||
| 6 | (20 ILCS 730/5-65) | ||||||
| 7 | (Section scheduled to be repealed on September 15, 2045) | ||||||
| 8 | Sec. 5-65. Energy Workforce Advisory Council. | ||||||
| 9 | (a) The Energy Workforce Advisory Council is hereby | ||||||
| 10 | created within the Department. | ||||||
| 11 | (b) The Council shall consist of the following voting | ||||||
| 12 | members appointed by the Governor with the advice and consent | ||||||
| 13 | of the Senate, chosen to ensure diverse geographic | ||||||
| 14 | representation: | ||||||
| 15 | (1) two members representing trade associations | ||||||
| 16 | representing companies active in the clean energy | ||||||
| 17 | industries; | ||||||
| 18 | (2) two members representing a labor union; | ||||||
| 19 | (3) one member who has participated in the workforce | ||||||
| 20 | development programs created under this Act; | ||||||
| 21 | (4) two members representing higher education; | ||||||
| 22 | (5) two members representing economic development | ||||||
| 23 | organizations; | ||||||
| 24 | (6) two members representing local workforce | ||||||
| |||||||
| |||||||
| 1 | innovation boards; | ||||||
| 2 | (7) two residents of environmental justice | ||||||
| 3 | communities; | ||||||
| 4 | (8) three members from community-based organizations | ||||||
| 5 | in environmental justice communities and community-based | ||||||
| 6 | organizations serving low-income persons and families; | ||||||
| 7 | (9) two members who are policy or implementation | ||||||
| 8 | experts on small business development, contractor | ||||||
| 9 | incubation, or small business lending and financing needs; | ||||||
| 10 | (10) two members who are policy or implementation | ||||||
| 11 | experts on workforce development for populations and | ||||||
| 12 | individuals such as low-income persons and families, | ||||||
| 13 | environmental justice communities, BIPOC communities, | ||||||
| 14 | formerly convicted persons, persons who are or were in the | ||||||
| 15 | child welfare system, energy workers, gender nonconforming | ||||||
| 16 | and transgender individuals, and youth; and | ||||||
| 17 | (11) two representatives of clean energy businesses, | ||||||
| 18 | nonprofit organizations, or other groups that provide | ||||||
| 19 | clean energy. | ||||||
| 20 | The President of the Senate, the Minority Leader of the | ||||||
| 21 | Senate, the Speaker of the House of Representatives, and the | ||||||
| 22 | Minority Leader of the House of Representatives shall each | ||||||
| 23 | appoint 2 nonvoting members of the Council. | ||||||
| 24 | (c) The Council shall: | ||||||
| 25 | (1) coordinate and inform on worker and contractor | ||||||
| 26 | support priorities beyond current federal, State, local, | ||||||
| |||||||
| |||||||
| 1 | and private programs and resources; | ||||||
| 2 | (2) advise and produce recommendations for further | ||||||
| 3 | federal, State, and local programs and activities; | ||||||
| 4 | (3) fulfill other duties determined by the Council to | ||||||
| 5 | further the success of the Workforce Hubs, Incubators, and | ||||||
| 6 | Returning Residents Programs; | ||||||
| 7 | (4) review program performance metrics; | ||||||
| 8 | (5) provide recommendations to the Department on the | ||||||
| 9 | administration of the following programs: | ||||||
| 10 | (i) the Clean Jobs Workforce Network Program; | ||||||
| 11 | (ii) the Illinois Climate Works Preapprenticeship | ||||||
| 12 | Program; | ||||||
| 13 | (iii) the Clean Energy Contractor Incubator | ||||||
| 14 | Program; | ||||||
| 15 | (iv) the Returning Residents Clean Jobs Training | ||||||
| 16 | Program; and | ||||||
| 17 | (v) the Clean Energy Primes Contractor Accelerator | ||||||
| 18 | Program; | ||||||
| 19 | (6) recommend outreach opportunities to ensure that | ||||||
| 20 | program contracting, training, and other opportunities are | ||||||
| 21 | widely publicized; | ||||||
| 22 | (7) participate in independent program evaluations; | ||||||
| 23 | and | ||||||
| 24 | (8) assist the Department by providing insight into | ||||||
| 25 | how relevant State, local, and federal programs are viewed | ||||||
| 26 | by residents, businesses, and institutions within their | ||||||
| |||||||
| |||||||
| 1 | respective communities. | ||||||
| 2 | (d) The Council shall conduct its first meeting within 30 | ||||||
| 3 | days after all members have been appointed. The Council shall | ||||||
| 4 | meet quarterly after its first meeting. Additional hearings | ||||||
| 5 | and public meetings are permitted at the discretion of the | ||||||
| 6 | members. The Council may meet in person or through video or | ||||||
| 7 | audio conference. Meeting times may be varied to accommodate | ||||||
| 8 | Council member schedules. | ||||||
| 9 | (e) Members shall serve without compensation and shall be | ||||||
| 10 | reimbursed for reasonable expenses incurred in the performance | ||||||
| 11 | of their duties from funds appropriated for that purpose. | ||||||
| 12 | (Source: P.A. 102-662, eff. 9-15-21.)
| ||||||
| 13 | Section 15. The Energy Community Reinvestment Act is | ||||||
| 14 | amended by changing Section 10-15 as follows:
| ||||||
| 15 | (20 ILCS 735/10-15) | ||||||
| 16 | (Section scheduled to be repealed on September 15, 2045) | ||||||
| 17 | Sec. 10-15. Energy Transition Workforce Commission. | ||||||
| 18 | (a) The Energy Transition Workforce Commission is hereby | ||||||
| 19 | created within the Department of Commerce and Economic | ||||||
| 20 | Opportunity. | ||||||
| 21 | (b) The Commission shall consist of the following members: | ||||||
| 22 | (1) the Director of Commerce and Economic Opportunity; | ||||||
| 23 | (2) the Director of Labor, or his or her designee, who | ||||||
| 24 | shall serve as chairperson; | ||||||
| |||||||
| |||||||
| 1 | (3) 5 members appointed by the Governor, with the | ||||||
| 2 | advice and consent of the Senate, of which at least one | ||||||
| 3 | shall be a representative of a local labor organization, | ||||||
| 4 | at least one shall be a resident of an environmental | ||||||
| 5 | justice community, at least one shall be a representative | ||||||
| 6 | of a national labor organization, and at least one shall | ||||||
| 7 | be a representative of the administrator of workforce | ||||||
| 8 | training programs created by this Act. Designees shall be | ||||||
| 9 | appointed within 60 days after a vacancy; and | ||||||
| 10 | (4) the 3 Regional Administrators selected under | ||||||
| 11 | Section 5-15 of the Energy Transition Act. | ||||||
| 12 | (c) Members of the Commission shall serve without | ||||||
| 13 | compensation, but may be reimbursed for necessary expenses | ||||||
| 14 | incurred in the performance of their duties from funds | ||||||
| 15 | appropriated for that purpose. The Department of Commerce and | ||||||
| 16 | Economic Opportunity shall provide administrative support to | ||||||
| 17 | the Commission. | ||||||
| 18 | (d) Within 240 days after the effective date of this Act, | ||||||
| 19 | and in consultation with the Department of Revenue and the | ||||||
| 20 | Environmental Protection Agency, the Commission shall produce | ||||||
| 21 | an Energy Transition Workforce Report regarding the | ||||||
| 22 | anticipated impact of the energy transition and a | ||||||
| 23 | comprehensive set of recommendations to address changes to the | ||||||
| 24 | Illinois workforce during the period of 2020 through 2050, or | ||||||
| 25 | a later year. The report shall contain the following elements, | ||||||
| 26 | designed to be used for the programs created in this Act: | ||||||
| |||||||
| |||||||
| 1 | (1) Information related to the impact on current | ||||||
| 2 | workers, including: | ||||||
| 3 | (A) a comprehensive accounting of all employees | ||||||
| 4 | who currently work in fossil fuel energy generation, | ||||||
| 5 | nuclear energy generation, and coal mining in the | ||||||
| 6 | State; upon receipt of the employee's written | ||||||
| 7 | authorization for the employer's release of such | ||||||
| 8 | information to the Commission, this shall include | ||||||
| 9 | information on their location, employer, salary | ||||||
| 10 | ranges, full-time or part-time status, nature of their | ||||||
| 11 | work, educational attainment, union status, and other | ||||||
| 12 | factors the Commission finds relevant; | ||||||
| 13 | (B) the anticipated schedule of closures of fossil | ||||||
| 14 | fuel power plants, nuclear power plants, and coal | ||||||
| 15 | mines across the State; when information is | ||||||
| 16 | unavailable to provide exact data, the report shall | ||||||
| 17 | include approximations based upon the best available | ||||||
| 18 | information; and | ||||||
| 19 | (C) an estimate of worker impacts due to scheduled | ||||||
| 20 | closures, including layoffs, early retirements, salary | ||||||
| 21 | changes, and other factors the Commission finds | ||||||
| 22 | relevant. | ||||||
| 23 | (2) Information regarding impact on communities and | ||||||
| 24 | local governments, including: | ||||||
| 25 | (A) changes in the revenue for units of local | ||||||
| 26 | government in areas that currently or recently have | ||||||
| |||||||
| |||||||
| 1 | had a closure or reduction in operation of a fossil | ||||||
| 2 | fuel power plant, nuclear power plant, coal mine, or | ||||||
| 3 | related industry; | ||||||
| 4 | (B) environmental impacts in areas that currently | ||||||
| 5 | or recently have had fossil fuel power plants, coal | ||||||
| 6 | mines, nuclear power plants, or related industry; and | ||||||
| 7 | (C) economic impacts of the energy transition, | ||||||
| 8 | including, but not limited to, the supply chain | ||||||
| 9 | impacts of the energy transition shift toward new | ||||||
| 10 | energy sources across the State. | ||||||
| 11 | (3) Information on emerging industries and State | ||||||
| 12 | economic development opportunities in regions that have | ||||||
| 13 | historically been the site of fossil fuel power plants, | ||||||
| 14 | nuclear power plants, or coal mining. | ||||||
| 15 | (e) The Department shall periodically review its findings | ||||||
| 16 | in the developed reports and make modifications to the report | ||||||
| 17 | and programs based on new findings. The Department shall | ||||||
| 18 | conduct a comprehensive reevaluation of the report, and | ||||||
| 19 | publish a modified version, on each of the following years | ||||||
| 20 | following initial publication: 2023; 2027; 2030; 2035; 2040; | ||||||
| 21 | and any year thereafter which the Department determines is | ||||||
| 22 | necessary or prudent. | ||||||
| 23 | (Source: P.A. 102-662, eff. 9-15-21.)
| ||||||
| 24 | Section 20. The Department of Natural Resources Act is | ||||||
| 25 | amended by changing Section 20-10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 801/20-10) | ||||||
| 2 | Sec. 20-10. Advisory Board of the Illinois State Museum. | ||||||
| 3 | (a) Within the Department there shall be an Advisory Board | ||||||
| 4 | of the Illinois State Museum. The Advisory Board shall be | ||||||
| 5 | composed of 11 persons who shall be appointed by the Governor | ||||||
| 6 | with the advice and consent of the Senate. Any members | ||||||
| 7 | appointed before July 1, 2026 shall serve the full term for | ||||||
| 8 | which they were appointed, unless removed by the Governor. | ||||||
| 9 | Beginning on July 1, 2026, 9 members shall have at least 5 | ||||||
| 10 | years of experience practicing or teaching in natural | ||||||
| 11 | sciences, anthropology, art, history, or business and shall be | ||||||
| 12 | from diverse backgrounds and geographical locations across the | ||||||
| 13 | State; and 2 members shall be representatives of | ||||||
| 14 | community-based organizations, irrespective of background and | ||||||
| 15 | experience. Beginning on July 1, 2026, the Board shall include | ||||||
| 16 | 6 individuals from a historically marginalized identity. All | ||||||
| 17 | members appointed after January 1, 2025 shall serve for 2-year | ||||||
| 18 | terms. The Governor shall be entitled to remove any member due | ||||||
| 19 | to incompetency, dereliction of duty, or malfeasance. | ||||||
| 20 | The transfer of the Board to the Department under this Act | ||||||
| 21 | does not terminate or otherwise affect the term of membership | ||||||
| 22 | of any member of the Board, except that the former Director of | ||||||
| 23 | Energy and Natural Resources is replaced by the Director of | ||||||
| 24 | Natural Resources. | ||||||
| 25 | (b) The Advisory Board shall: | ||||||
| |||||||
| |||||||
| 1 | (1) advise the Director of the Department, or the | ||||||
| 2 | Director's designee, in all matters pertaining to the | ||||||
| 3 | maintenance, the extension, and the mission of the State | ||||||
| 4 | Museum, including, but not limited to, the needs for | ||||||
| 5 | capital development projects, assistance with long-term | ||||||
| 6 | planning for the State Museum, and other large-scale | ||||||
| 7 | operational changes, except that these matters shall be | ||||||
| 8 | determined and shall be defined solely by the State | ||||||
| 9 | Museum; | ||||||
| 10 | (2) make recommendations concerning the appointment of | ||||||
| 11 | a new State Museum director whenever a vacancy occurs in | ||||||
| 12 | that position, except that the Department shall have the | ||||||
| 13 | sole authority to determine the process used to identify | ||||||
| 14 | and employ a new State Museum director, including, but not | ||||||
| 15 | limited to, the authority to determine how and when to | ||||||
| 16 | involve or employ an individual or business to aid in | ||||||
| 17 | conducting a search for interested and qualified | ||||||
| 18 | candidates; to identify qualified candidates; to interview | ||||||
| 19 | candidates; to make an offer of employment to the selected | ||||||
| 20 | candidate; and to determine the compensation of the new | ||||||
| 21 | State Museum Director; | ||||||
| 22 | (3) (blank); and | ||||||
| 23 | (4) review the budget of the Illinois State Museum and | ||||||
| 24 | make recommendations to the Director of the Department. | ||||||
| 25 | (c) (Blank). | ||||||
| 26 | (Source: P.A. 102-303, eff. 1-1-22; 102-1005, eff. 5-27-22; | ||||||
| |||||||
| |||||||
| 1 | 103-835, eff. 8-9-24.)
| ||||||
| 2 | Section 25. The Department of Human Services Act is | ||||||
| 3 | amended by changing Section 1-17 as follows:
| ||||||
| 4 | (20 ILCS 1305/1-17) | ||||||
| 5 | Sec. 1-17. Inspector General. | ||||||
| 6 | (a) Nature and purpose. It is the express intent of the | ||||||
| 7 | General Assembly to ensure the health, safety, and financial | ||||||
| 8 | condition of individuals receiving services in this State due | ||||||
| 9 | to mental illness, developmental disability, or both by | ||||||
| 10 | protecting those persons from acts of abuse, neglect, or both | ||||||
| 11 | by service providers. To that end, the Office of the Inspector | ||||||
| 12 | General for the Department of Human Services is created to | ||||||
| 13 | investigate and report upon allegations of the abuse, neglect, | ||||||
| 14 | or financial exploitation of individuals receiving services | ||||||
| 15 | within mental health facilities, developmental disabilities | ||||||
| 16 | facilities, and community agencies operated, licensed, funded, | ||||||
| 17 | or certified by the Department of Human Services, but not | ||||||
| 18 | licensed or certified by any other State agency. | ||||||
| 19 | (b) Definitions. The following definitions apply to this | ||||||
| 20 | Section: | ||||||
| 21 | "Agency" or "community agency" means (i) a community | ||||||
| 22 | agency licensed, funded, or certified by the Department, but | ||||||
| 23 | not licensed or certified by any other human services agency | ||||||
| 24 | of the State, to provide mental health service or | ||||||
| |||||||
| |||||||
| 1 | developmental disabilities service, or (ii) a program | ||||||
| 2 | licensed, funded, or certified by the Department, but not | ||||||
| 3 | licensed or certified by any other human services agency of | ||||||
| 4 | the State, to provide mental health service or developmental | ||||||
| 5 | disabilities service. | ||||||
| 6 | "Aggravating circumstance" means a factor that is | ||||||
| 7 | attendant to a finding and that tends to compound or increase | ||||||
| 8 | the culpability of the accused. | ||||||
| 9 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
| 10 | incident involving any of the following conduct by an | ||||||
| 11 | employee, facility, or agency against an individual or | ||||||
| 12 | individuals: mental abuse, physical abuse, sexual abuse, | ||||||
| 13 | neglect, financial exploitation, or material obstruction of an | ||||||
| 14 | investigation. | ||||||
| 15 | "Day" means working day, unless otherwise specified. | ||||||
| 16 | "Deflection" means a situation in which an individual is | ||||||
| 17 | presented for admission to a facility or agency, and the | ||||||
| 18 | facility staff or agency staff do not admit the individual. | ||||||
| 19 | "Deflection" includes triage, redirection, and denial of | ||||||
| 20 | admission. | ||||||
| 21 | "Department" means the Department of Human Services. | ||||||
| 22 | "Developmental disability" means "developmental | ||||||
| 23 | disability" as defined in the Mental Health and Developmental | ||||||
| 24 | Disabilities Code. | ||||||
| 25 | "Egregious neglect" means a finding of neglect as | ||||||
| 26 | determined by the Inspector General that (i) represents a | ||||||
| |||||||
| |||||||
| 1 | gross failure to adequately provide for, or a callused | ||||||
| 2 | indifference to, the health, safety, or medical needs of an | ||||||
| 3 | individual and (ii) results in an individual's death or other | ||||||
| 4 | serious deterioration of an individual's physical condition or | ||||||
| 5 | mental condition. | ||||||
| 6 | "Employee" means any person who provides services at the | ||||||
| 7 | facility or agency on-site or off-site. The service | ||||||
| 8 | relationship can be with the individual or with the facility | ||||||
| 9 | or agency. Also, "employee" includes any employee or | ||||||
| 10 | contractual agent of the Department of Human Services or the | ||||||
| 11 | community agency involved in providing or monitoring or | ||||||
| 12 | administering mental health or developmental disability | ||||||
| 13 | services. This includes but is not limited to: owners, | ||||||
| 14 | operators, payroll personnel, contractors, subcontractors, and | ||||||
| 15 | volunteers. | ||||||
| 16 | "Facility" or "State-operated facility" means a mental | ||||||
| 17 | health facility or developmental disabilities facility | ||||||
| 18 | operated by the Department. | ||||||
| 19 | "Financial exploitation" means taking unjust advantage of | ||||||
| 20 | an individual's assets, property, or financial resources | ||||||
| 21 | through deception, intimidation, or conversion for the | ||||||
| 22 | employee's, facility's, or agency's own advantage or benefit. | ||||||
| 23 | "Finding" means the Office of Inspector General's | ||||||
| 24 | determination regarding whether an allegation is | ||||||
| 25 | substantiated, unsubstantiated, or unfounded. | ||||||
| 26 | "Health Care Worker Registry" or "Registry" means the | ||||||
| |||||||
| |||||||
| 1 | Health Care Worker Registry under the Health Care Worker | ||||||
| 2 | Background Check Act. | ||||||
| 3 | "Individual" means any person receiving mental health | ||||||
| 4 | service, developmental disabilities service, or both from a | ||||||
| 5 | facility or agency, while either on-site or off-site. | ||||||
| 6 | "Material obstruction of an investigation" means the | ||||||
| 7 | purposeful interference with an investigation of physical | ||||||
| 8 | abuse, sexual abuse, mental abuse, neglect, or financial | ||||||
| 9 | exploitation and includes, but is not limited to, the | ||||||
| 10 | withholding or altering of documentation or recorded evidence; | ||||||
| 11 | influencing, threatening, or impeding witness testimony; | ||||||
| 12 | presenting untruthful information during an interview; failing | ||||||
| 13 | to cooperate with an investigation conducted by the Office of | ||||||
| 14 | the Inspector General. If an employee, following a criminal | ||||||
| 15 | investigation of physical abuse, sexual abuse, mental abuse, | ||||||
| 16 | neglect, or financial exploitation, is convicted of an offense | ||||||
| 17 | that is factually predicated on the employee presenting | ||||||
| 18 | untruthful information during the course of the investigation, | ||||||
| 19 | that offense constitutes obstruction of an investigation. | ||||||
| 20 | Obstruction of an investigation does not include: an | ||||||
| 21 | employee's lawful exercising of his or her constitutional | ||||||
| 22 | right against self-incrimination, an employee invoking his or | ||||||
| 23 | her lawful rights to union representation as provided by a | ||||||
| 24 | collective bargaining agreement or the Illinois Public Labor | ||||||
| 25 | Relations Act, or a union representative's lawful activities | ||||||
| 26 | providing representation under a collective bargaining | ||||||
| |||||||
| |||||||
| 1 | agreement or the Illinois Public Labor Relations Act. | ||||||
| 2 | Obstruction of an investigation is considered material when it | ||||||
| 3 | could significantly impair an investigator's ability to gather | ||||||
| 4 | all relevant facts. An employee shall not be placed on the | ||||||
| 5 | Health Care Worker Registry for presenting untruthful | ||||||
| 6 | information during an interview conducted by the Office of the | ||||||
| 7 | Inspector General, unless, prior to the interview, the | ||||||
| 8 | employee was provided with any previous signed statements he | ||||||
| 9 | or she made during the course of the investigation. | ||||||
| 10 | "Mental abuse" means the use of demeaning, intimidating, | ||||||
| 11 | or threatening words, signs, gestures, or other actions by an | ||||||
| 12 | employee about an individual and in the presence of an | ||||||
| 13 | individual or individuals that results in emotional distress | ||||||
| 14 | or maladaptive behavior, or could have resulted in emotional | ||||||
| 15 | distress or maladaptive behavior, for any individual present. | ||||||
| 16 | "Mental illness" means "mental illness" as defined in the | ||||||
| 17 | Mental Health and Developmental Disabilities Code. | ||||||
| 18 | "Mentally ill" means having a mental illness. | ||||||
| 19 | "Mitigating circumstance" means a condition that (i) is | ||||||
| 20 | attendant to a finding, (ii) does not excuse or justify the | ||||||
| 21 | conduct in question, but (iii) may be considered in evaluating | ||||||
| 22 | the severity of the conduct, the culpability of the accused, | ||||||
| 23 | or both the severity of the conduct and the culpability of the | ||||||
| 24 | accused. | ||||||
| 25 | "Neglect" means an employee's, agency's, or facility's | ||||||
| 26 | failure to provide adequate medical care, personal care, or | ||||||
| |||||||
| |||||||
| 1 | maintenance and that, as a consequence, (i) causes an | ||||||
| 2 | individual pain, injury, or emotional distress, (ii) results | ||||||
| 3 | in either an individual's maladaptive behavior or the | ||||||
| 4 | deterioration of an individual's physical condition or mental | ||||||
| 5 | condition, or (iii) places the individual's health or safety | ||||||
| 6 | at substantial risk. | ||||||
| 7 | "Person with a developmental disability" means a person | ||||||
| 8 | having a developmental disability. | ||||||
| 9 | "Physical abuse" means an employee's non-accidental and | ||||||
| 10 | inappropriate contact with an individual that causes bodily | ||||||
| 11 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
| 12 | as a result of an employee directing an individual or person to | ||||||
| 13 | physically abuse another individual. | ||||||
| 14 | "Presenting untruthful information" means making a false | ||||||
| 15 | statement, material to an investigation of physical abuse, | ||||||
| 16 | sexual abuse, mental abuse, neglect, or financial | ||||||
| 17 | exploitation, knowing the statement is false. | ||||||
| 18 | "Recommendation" means an admonition, separate from a | ||||||
| 19 | finding, that requires action by the facility, agency, or | ||||||
| 20 | Department to correct a systemic issue, problem, or deficiency | ||||||
| 21 | identified during an investigation. "Recommendation" can also | ||||||
| 22 | mean an admonition to correct a systemic issue, problem or | ||||||
| 23 | deficiency during a review. | ||||||
| 24 | "Required reporter" means any employee who suspects, | ||||||
| 25 | witnesses, or is informed of an allegation of any one or more | ||||||
| 26 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
| |||||||
| |||||||
| 1 | neglect, or financial exploitation. | ||||||
| 2 | "Secretary" means the Chief Administrative Officer of the | ||||||
| 3 | Department. | ||||||
| 4 | "Sexual abuse" means any sexual contact or intimate | ||||||
| 5 | physical contact between an employee and an individual, | ||||||
| 6 | including an employee's coercion or encouragement of an | ||||||
| 7 | individual to engage in sexual behavior that results in sexual | ||||||
| 8 | contact, intimate physical contact, sexual behavior, or | ||||||
| 9 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
| 10 | employee's actions that result in the sending or showing of | ||||||
| 11 | sexually explicit images to an individual via computer, | ||||||
| 12 | cellular phone, electronic mail, portable electronic device, | ||||||
| 13 | or other media with or without contact with the individual or | ||||||
| 14 | (ii) an employee's posting of sexually explicit images of an | ||||||
| 15 | individual online or elsewhere whether or not there is contact | ||||||
| 16 | with the individual. | ||||||
| 17 | "Sexually explicit images" includes, but is not limited | ||||||
| 18 | to, any material which depicts nudity, sexual conduct, or | ||||||
| 19 | sado-masochistic abuse, or which contains explicit and | ||||||
| 20 | detailed verbal descriptions or narrative accounts of sexual | ||||||
| 21 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
| 22 | "Substantiated" means there is a preponderance of the | ||||||
| 23 | evidence to support the allegation. | ||||||
| 24 | "Unfounded" means there is no credible evidence to support | ||||||
| 25 | the allegation. | ||||||
| 26 | "Unsubstantiated" means there is credible evidence, but | ||||||
| |||||||
| |||||||
| 1 | less than a preponderance of evidence to support the | ||||||
| 2 | allegation. | ||||||
| 3 | (c) Appointment. The Governor shall appoint, and the | ||||||
| 4 | Senate shall confirm, an Inspector General. The Inspector | ||||||
| 5 | General shall be appointed for a term of 4 years and shall | ||||||
| 6 | function within the Department of Human Services and report to | ||||||
| 7 | the Secretary and the Governor. | ||||||
| 8 | (d) Operation and appropriation. The Inspector General | ||||||
| 9 | shall function independently within the Department with | ||||||
| 10 | respect to the operations of the Office, including the | ||||||
| 11 | performance of investigations and issuance of findings and | ||||||
| 12 | recommendations and the performance of site visits and reviews | ||||||
| 13 | of facilities and community agencies. The appropriation for | ||||||
| 14 | the Office of Inspector General shall be separate from the | ||||||
| 15 | overall appropriation for the Department. | ||||||
| 16 | (e) Powers and duties. The Inspector General shall | ||||||
| 17 | investigate reports of suspected mental abuse, physical abuse, | ||||||
| 18 | sexual abuse, neglect, or financial exploitation of | ||||||
| 19 | individuals in any mental health or developmental disabilities | ||||||
| 20 | facility or agency and shall have authority to take immediate | ||||||
| 21 | action to prevent any one or more of the following from | ||||||
| 22 | happening to individuals under its jurisdiction: mental abuse, | ||||||
| 23 | physical abuse, sexual abuse, neglect, or financial | ||||||
| 24 | exploitation. The Inspector General shall also investigate | ||||||
| 25 | allegations of material obstruction of an investigation by an | ||||||
| 26 | employee. Upon written request of an agency of this State, the | ||||||
| |||||||
| |||||||
| 1 | Inspector General may assist another agency of the State in | ||||||
| 2 | investigating reports of the abuse, neglect, or abuse and | ||||||
| 3 | neglect of persons with mental illness, persons with | ||||||
| 4 | developmental disabilities, or persons with both. The | ||||||
| 5 | Inspector General shall conduct annual site visits of each | ||||||
| 6 | facility and may conduct reviews of facilities and community | ||||||
| 7 | agencies. To comply with the requirements of subsection (k) of | ||||||
| 8 | this Section, the Inspector General shall also review all | ||||||
| 9 | reportable deaths for which there is no allegation of abuse or | ||||||
| 10 | neglect. Nothing in this Section shall preempt any duties of | ||||||
| 11 | the Medical Review Board set forth in the Mental Health and | ||||||
| 12 | Developmental Disabilities Code. The Inspector General shall | ||||||
| 13 | have no authority to investigate alleged violations of the | ||||||
| 14 | State Officials and Employees Ethics Act. Allegations of | ||||||
| 15 | misconduct under the State Officials and Employees Ethics Act | ||||||
| 16 | shall be referred to the Office of the Governor's Executive | ||||||
| 17 | Inspector General for investigation. | ||||||
| 18 | (f) Limitations. The Inspector General shall not conduct | ||||||
| 19 | an investigation within an agency or facility if that | ||||||
| 20 | investigation would be redundant to or interfere with an | ||||||
| 21 | investigation conducted by another State agency. The Inspector | ||||||
| 22 | General shall have no supervision over, or involvement in, the | ||||||
| 23 | routine programmatic, licensing, funding, or certification | ||||||
| 24 | operations of the Department. Nothing in this subsection | ||||||
| 25 | limits investigations by the Department that may otherwise be | ||||||
| 26 | required by law or that may be necessary in the Department's | ||||||
| |||||||
| |||||||
| 1 | capacity as central administrative authority responsible for | ||||||
| 2 | the operation of the State's mental health and developmental | ||||||
| 3 | disabilities facilities. | ||||||
| 4 | (g) Rulemaking authority. The Inspector General shall | ||||||
| 5 | promulgate rules establishing minimum requirements for | ||||||
| 6 | reporting allegations as well as for initiating, conducting, | ||||||
| 7 | and completing investigations based upon the nature of the | ||||||
| 8 | allegation or allegations. The rules shall clearly establish | ||||||
| 9 | that if 2 or more State agencies could investigate an | ||||||
| 10 | allegation, the Inspector General shall not conduct an | ||||||
| 11 | investigation that would be redundant to, or interfere with, | ||||||
| 12 | an investigation conducted by another State agency. The rules | ||||||
| 13 | shall further clarify the method and circumstances under which | ||||||
| 14 | the Office of Inspector General may interact with the | ||||||
| 15 | licensing, funding, or certification units of the Department | ||||||
| 16 | in preventing further occurrences of mental abuse, physical | ||||||
| 17 | abuse, sexual abuse, neglect, egregious neglect, financial | ||||||
| 18 | exploitation, and material obstruction of an investigation. | ||||||
| 19 | (g-5) Site visits and review authority. | ||||||
| 20 | (1) Site visits. The Inspector General shall conduct | ||||||
| 21 | unannounced site visits to each facility at least annually | ||||||
| 22 | for the purpose of reviewing and making recommendations on | ||||||
| 23 | systemic issues relative to preventing, reporting, | ||||||
| 24 | investigating, and responding to all of the following: | ||||||
| 25 | mental abuse, physical abuse, sexual abuse, neglect, | ||||||
| 26 | egregious neglect, financial exploitation, or material | ||||||
| |||||||
| |||||||
| 1 | obstruction of an investigation. | ||||||
| 2 | (2) Review authority. In response to complaints or | ||||||
| 3 | information gathered from investigations, the Inspector | ||||||
| 4 | General shall have and may exercise the authority to | ||||||
| 5 | initiate reviews of facilities and agencies related to | ||||||
| 6 | preventing, reporting, investigating, and responding to | ||||||
| 7 | all of the following: mental abuse, physical abuse, sexual | ||||||
| 8 | abuse, neglect, egregious neglect, financial exploitation, | ||||||
| 9 | or material obstruction of an investigation. Upon | ||||||
| 10 | concluding a review, the Inspector General shall issue a | ||||||
| 11 | written report setting forth its conclusions and | ||||||
| 12 | recommendations. The report shall be distributed to the | ||||||
| 13 | Secretary and to the director of the facility or agency | ||||||
| 14 | that was the subject of review. Within 45 calendar days, | ||||||
| 15 | the facility or agency shall submit a written response | ||||||
| 16 | addressing the Inspector General's conclusions and | ||||||
| 17 | recommendations and, in a concise and reasoned manner, the | ||||||
| 18 | actions taken, if applicable, to: (i) protect the | ||||||
| 19 | individual or individuals; (ii) prevent recurrences; and | ||||||
| 20 | (iii) eliminate the problems identified. The response | ||||||
| 21 | shall include the implementation and completion dates of | ||||||
| 22 | such actions. | ||||||
| 23 | (h) Training programs. The Inspector General shall (i) | ||||||
| 24 | establish a comprehensive program to ensure that every person | ||||||
| 25 | authorized to conduct investigations receives ongoing training | ||||||
| 26 | relative to investigation techniques, communication skills, | ||||||
| |||||||
| |||||||
| 1 | and the appropriate means of interacting with persons | ||||||
| 2 | receiving treatment for mental illness, developmental | ||||||
| 3 | disability, or both mental illness and developmental | ||||||
| 4 | disability, and (ii) establish and conduct periodic training | ||||||
| 5 | programs for facility and agency employees concerning the | ||||||
| 6 | prevention and reporting of any one or more of the following: | ||||||
| 7 | mental abuse, physical abuse, sexual abuse, neglect, egregious | ||||||
| 8 | neglect, financial exploitation, or material obstruction of an | ||||||
| 9 | investigation. The Inspector General shall further ensure (i) | ||||||
| 10 | every person authorized to conduct investigations at community | ||||||
| 11 | agencies receives ongoing training in Title 59, Parts 115, | ||||||
| 12 | 116, and 119 of the Illinois Administrative Code, and (ii) | ||||||
| 13 | every person authorized to conduct investigations shall | ||||||
| 14 | receive ongoing training in Title 59, Part 50 of the Illinois | ||||||
| 15 | Administrative Code. Nothing in this Section shall be deemed | ||||||
| 16 | to prevent the Office of Inspector General from conducting any | ||||||
| 17 | other training as determined by the Inspector General to be | ||||||
| 18 | necessary or helpful. | ||||||
| 19 | (i) Duty to cooperate. | ||||||
| 20 | (1) The Inspector General shall at all times be | ||||||
| 21 | granted access to any facility or agency for the purpose | ||||||
| 22 | of investigating any allegation, conducting unannounced | ||||||
| 23 | site visits, monitoring compliance with a written | ||||||
| 24 | response, conducting reviews of facilities and agencies, | ||||||
| 25 | or completing any other statutorily assigned duty. | ||||||
| 26 | (2) Any employee who fails to cooperate with an Office | ||||||
| |||||||
| |||||||
| 1 | of the Inspector General investigation is in violation of | ||||||
| 2 | this Act. Failure to cooperate with an investigation | ||||||
| 3 | includes, but is not limited to, any one or more of the | ||||||
| 4 | following: (i) creating and transmitting a false report to | ||||||
| 5 | the Office of the Inspector General hotline, (ii) | ||||||
| 6 | providing false information to an Office of the Inspector | ||||||
| 7 | General Investigator during an investigation, (iii) | ||||||
| 8 | colluding with other employees to cover up evidence, (iv) | ||||||
| 9 | colluding with other employees to provide false | ||||||
| 10 | information to an Office of the Inspector General | ||||||
| 11 | investigator, (v) destroying evidence, (vi) withholding | ||||||
| 12 | evidence, or (vii) otherwise obstructing an Office of the | ||||||
| 13 | Inspector General investigation. Additionally, any | ||||||
| 14 | employee who, during an unannounced site visit, written | ||||||
| 15 | response compliance check, or review fails to cooperate | ||||||
| 16 | with requests from the Office of the Inspector General is | ||||||
| 17 | in violation of this Act. | ||||||
| 18 | (j) Subpoena powers. The Inspector General shall have the | ||||||
| 19 | power to subpoena witnesses and compel the production of all | ||||||
| 20 | documents and physical evidence relating to his or her | ||||||
| 21 | investigations and reviews and any hearings authorized by this | ||||||
| 22 | Act. This subpoena power shall not extend to persons or | ||||||
| 23 | documents of a labor organization or its representatives | ||||||
| 24 | insofar as the persons are acting in a representative capacity | ||||||
| 25 | to an employee whose conduct is the subject of an | ||||||
| 26 | investigation or the documents relate to that representation. | ||||||
| |||||||
| |||||||
| 1 | Any person who otherwise fails to respond to a subpoena or who | ||||||
| 2 | knowingly provides false information to the Office of the | ||||||
| 3 | Inspector General by subpoena during an investigation is | ||||||
| 4 | guilty of a Class A misdemeanor. | ||||||
| 5 | (k) Reporting allegations and deaths. | ||||||
| 6 | (1) Allegations. If an employee witnesses, is told of, | ||||||
| 7 | or has reason to believe an incident of mental abuse, | ||||||
| 8 | physical abuse, sexual abuse, neglect, financial | ||||||
| 9 | exploitation, or material obstruction of an investigation | ||||||
| 10 | has occurred, the employee, agency, or facility shall | ||||||
| 11 | report the allegation by phone to the Office of the | ||||||
| 12 | Inspector General hotline according to the agency's or | ||||||
| 13 | facility's procedures, but in no event later than 4 hours | ||||||
| 14 | after the initial discovery of the incident, allegation, | ||||||
| 15 | or suspicion of any one or more of the following: mental | ||||||
| 16 | abuse, physical abuse, sexual abuse, neglect, financial | ||||||
| 17 | exploitation, or material obstruction of an investigation. | ||||||
| 18 | A required reporter as defined in subsection (b) of this | ||||||
| 19 | Section who knowingly or intentionally fails to comply | ||||||
| 20 | with these reporting requirements is guilty of a Class A | ||||||
| 21 | misdemeanor. | ||||||
| 22 | (2) Deaths. Absent an allegation, a required reporter | ||||||
| 23 | shall, within 24 hours after initial discovery, report by | ||||||
| 24 | phone to the Office of the Inspector General hotline each | ||||||
| 25 | of the following: | ||||||
| 26 | (i) Any death of an individual occurring within 14 | ||||||
| |||||||
| |||||||
| 1 | calendar days after discharge or transfer of the | ||||||
| 2 | individual from a residential program or facility. | ||||||
| 3 | (ii) Any death of an individual occurring within | ||||||
| 4 | 24 hours after deflection from a residential program | ||||||
| 5 | or facility. | ||||||
| 6 | (iii) Any other death of an individual occurring | ||||||
| 7 | at an agency or facility or at any Department-funded | ||||||
| 8 | site. | ||||||
| 9 | (3) Retaliation. It is a violation of this Act for any | ||||||
| 10 | employee or administrator of an agency or facility to take | ||||||
| 11 | retaliatory action against an employee who acts in good | ||||||
| 12 | faith in conformance with his or her duties as a required | ||||||
| 13 | reporter. | ||||||
| 14 | (l) Reporting to law enforcement. Reporting criminal acts. | ||||||
| 15 | Within 24 hours after determining that there is credible | ||||||
| 16 | evidence indicating that a criminal act may have been | ||||||
| 17 | committed or that special expertise may be required in an | ||||||
| 18 | investigation, the Inspector General shall notify the Illinois | ||||||
| 19 | State Police or other appropriate law enforcement authority, | ||||||
| 20 | or ensure that such notification is made. The Illinois State | ||||||
| 21 | Police shall investigate any report from a State-operated | ||||||
| 22 | facility indicating a possible murder, sexual assault, or | ||||||
| 23 | other felony by an employee. All investigations conducted by | ||||||
| 24 | the Inspector General shall be conducted in a manner designed | ||||||
| 25 | to ensure the preservation of evidence for possible use in a | ||||||
| 26 | criminal prosecution. | ||||||
| |||||||
| |||||||
| 1 | (m) Investigative reports. Upon completion of an | ||||||
| 2 | investigation, the Office of Inspector General shall issue an | ||||||
| 3 | investigative report identifying whether the allegations are | ||||||
| 4 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
| 5 | business days after the transmittal of a completed | ||||||
| 6 | investigative report substantiating an allegation, finding an | ||||||
| 7 | allegation is unsubstantiated, or if a recommendation is made, | ||||||
| 8 | the Inspector General shall provide the investigative report | ||||||
| 9 | on the case to the Secretary and to the director of the | ||||||
| 10 | facility or agency where any one or more of the following | ||||||
| 11 | occurred: mental abuse, physical abuse, sexual abuse, neglect, | ||||||
| 12 | egregious neglect, financial exploitation, or material | ||||||
| 13 | obstruction of an investigation. The director of the facility | ||||||
| 14 | or agency shall be responsible for maintaining the | ||||||
| 15 | confidentiality of the investigative report consistent with | ||||||
| 16 | State and federal law. In a substantiated case, the | ||||||
| 17 | investigative report shall include any mitigating or | ||||||
| 18 | aggravating circumstances that were identified during the | ||||||
| 19 | investigation. If the case involves substantiated neglect, the | ||||||
| 20 | investigative report shall also state whether egregious | ||||||
| 21 | neglect was found. An investigative report may also set forth | ||||||
| 22 | recommendations. All investigative reports prepared by the | ||||||
| 23 | Office of the Inspector General shall be considered | ||||||
| 24 | confidential and shall not be released except as provided by | ||||||
| 25 | the law of this State or as required under applicable federal | ||||||
| 26 | law. Unsubstantiated and unfounded reports shall not be | ||||||
| |||||||
| |||||||
| 1 | disclosed except as allowed under Section 6 of the Abused and | ||||||
| 2 | Neglected Long Term Care Facility Residents Reporting Act. Raw | ||||||
| 3 | data used to compile the investigative report shall not be | ||||||
| 4 | subject to release unless required by law or a court order. | ||||||
| 5 | "Raw data used to compile the investigative report" includes, | ||||||
| 6 | but is not limited to, any one or more of the following: the | ||||||
| 7 | initial complaint, witness statements, photographs, | ||||||
| 8 | investigator's notes, police reports, or incident reports. If | ||||||
| 9 | the allegations are substantiated, the victim, the victim's | ||||||
| 10 | guardian, and the accused shall be provided with a redacted | ||||||
| 11 | copy of the investigative report. Death reports where there | ||||||
| 12 | was no allegation of abuse or neglect shall only be released | ||||||
| 13 | pursuant to applicable State or federal law or a valid court | ||||||
| 14 | order. Unredacted investigative reports, as well as raw data, | ||||||
| 15 | may be shared with a local law enforcement entity, a State's | ||||||
| 16 | Attorney's office, or a county coroner's office upon written | ||||||
| 17 | request. | ||||||
| 18 | (n) Written responses, clarification requests, and | ||||||
| 19 | reconsideration requests. | ||||||
| 20 | (1) Written responses. Within 30 calendar days from | ||||||
| 21 | receipt of a substantiated investigative report or an | ||||||
| 22 | investigative report which contains recommendations, | ||||||
| 23 | absent a reconsideration request, the facility or agency | ||||||
| 24 | shall file a written response that addresses, in a concise | ||||||
| 25 | and reasoned manner, the actions taken to: (i) protect the | ||||||
| 26 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
| |||||||
| |||||||
| 1 | the problems identified. The response shall include the | ||||||
| 2 | implementation and completion dates of such actions. If | ||||||
| 3 | the written response is not filed within the allotted 30 | ||||||
| 4 | calendar day period, the Secretary, or the Secretary's | ||||||
| 5 | designee, shall determine the appropriate corrective | ||||||
| 6 | action to be taken. | ||||||
| 7 | (2) Requests for clarification. The facility, agency, | ||||||
| 8 | victim or guardian, or the subject employee may request | ||||||
| 9 | that the Office of Inspector General clarify the finding | ||||||
| 10 | or findings for which clarification is sought. | ||||||
| 11 | (3) Requests for reconsideration. The facility, | ||||||
| 12 | agency, victim or guardian, or the subject employee may | ||||||
| 13 | request that the Office of the Inspector General | ||||||
| 14 | reconsider the finding or findings or the recommendations. | ||||||
| 15 | A request for reconsideration shall be subject to a | ||||||
| 16 | multi-layer review and shall include at least one reviewer | ||||||
| 17 | who did not participate in the investigation or approval | ||||||
| 18 | of the original investigative report. After the | ||||||
| 19 | multi-layer review process has been completed, the | ||||||
| 20 | Inspector General shall make the final determination on | ||||||
| 21 | the reconsideration request. The investigation shall be | ||||||
| 22 | reopened if the reconsideration determination finds that | ||||||
| 23 | additional information is needed to complete the | ||||||
| 24 | investigative record. | ||||||
| 25 | (o) Disclosure of the finding by the Inspector General. | ||||||
| 26 | The Inspector General shall disclose the finding of an | ||||||
| |||||||
| |||||||
| 1 | investigation to the following persons: (i) the Governor, (ii) | ||||||
| 2 | the Secretary, (iii) the director of the facility or agency, | ||||||
| 3 | (iv) the alleged victims and their guardians, (v) the | ||||||
| 4 | complainant, and (vi) the accused. This information shall | ||||||
| 5 | include whether the allegations were deemed substantiated, | ||||||
| 6 | unsubstantiated, or unfounded. | ||||||
| 7 | (p) Secretary review. Upon review of the Inspector | ||||||
| 8 | General's investigative report and any agency's or facility's | ||||||
| 9 | written response, the Secretary, or the Secretary's designee, | ||||||
| 10 | shall accept or reject the written response and notify the | ||||||
| 11 | Inspector General of that determination. The Secretary, or the | ||||||
| 12 | Secretary's designee, may further direct that other | ||||||
| 13 | administrative action be taken, including, but not limited to, | ||||||
| 14 | any one or more of the following: (i) additional site visits, | ||||||
| 15 | (ii) training, (iii) provision of technical assistance | ||||||
| 16 | relative to administrative needs, licensure, or certification, | ||||||
| 17 | or (iv) the imposition of appropriate sanctions. | ||||||
| 18 | (q) Action by facility or agency. Within 30 days of the | ||||||
| 19 | date the Secretary, or the Secretary's designee, approves the | ||||||
| 20 | written response or directs that further administrative action | ||||||
| 21 | be taken, the facility or agency shall provide an | ||||||
| 22 | implementation report to the Inspector General that provides | ||||||
| 23 | the status of the action taken. The facility or agency shall be | ||||||
| 24 | allowed an additional 30 days to send notice of completion of | ||||||
| 25 | the action or to send an updated implementation report. If the | ||||||
| 26 | action has not been completed within the additional 30-day | ||||||
| |||||||
| |||||||
| 1 | period, the facility or agency shall send updated | ||||||
| 2 | implementation reports every 60 days until completion. The | ||||||
| 3 | Inspector General shall conduct a review of any implementation | ||||||
| 4 | plan that takes more than 120 days after approval to complete, | ||||||
| 5 | and shall monitor compliance through a random review of | ||||||
| 6 | approved written responses, which may include, but are not | ||||||
| 7 | limited to: (i) site visits, (ii) telephone contact, and (iii) | ||||||
| 8 | requests for additional documentation evidencing compliance. | ||||||
| 9 | (r) Sanctions. Sanctions, if imposed by the Secretary | ||||||
| 10 | under Subdivision (p)(iv) of this Section, shall be designed | ||||||
| 11 | to prevent further acts of mental abuse, physical abuse, | ||||||
| 12 | sexual abuse, neglect, egregious neglect, or financial | ||||||
| 13 | exploitation or some combination of one or more of those acts | ||||||
| 14 | at a facility or agency, and may include any one or more of the | ||||||
| 15 | following: | ||||||
| 16 | (1) Appointment of on-site monitors. | ||||||
| 17 | (2) Transfer or relocation of an individual or | ||||||
| 18 | individuals. | ||||||
| 19 | (3) Closure of units. | ||||||
| 20 | (4) Termination of any one or more of the following: | ||||||
| 21 | (i) Department licensing, (ii) funding, or (iii) | ||||||
| 22 | certification. | ||||||
| 23 | The Inspector General may seek the assistance of the | ||||||
| 24 | Illinois Attorney General or the office of any State's | ||||||
| 25 | Attorney in implementing sanctions. | ||||||
| 26 | (s) Health Care Worker Registry. | ||||||
| |||||||
| |||||||
| 1 | (1) Reporting to the Registry. The Inspector General | ||||||
| 2 | shall report to the Department of Public Health's Health | ||||||
| 3 | Care Worker Registry, a public registry, the identity and | ||||||
| 4 | finding of each employee of a facility or agency against | ||||||
| 5 | whom there is a final investigative report prepared by the | ||||||
| 6 | Office of the Inspector General containing a substantiated | ||||||
| 7 | allegation of physical or sexual abuse, financial | ||||||
| 8 | exploitation, egregious neglect of an individual, or | ||||||
| 9 | material obstruction of an investigation, unless the | ||||||
| 10 | Inspector General requests a stipulated disposition of the | ||||||
| 11 | investigative report that does not include the reporting | ||||||
| 12 | of the employee's name to the Health Care Worker Registry | ||||||
| 13 | and the Secretary of Human Services agrees with the | ||||||
| 14 | requested stipulated disposition. | ||||||
| 15 | (2) Notice to employee. Prior to reporting the name of | ||||||
| 16 | an employee, the employee shall be notified of the | ||||||
| 17 | Department's obligation to report and shall be granted an | ||||||
| 18 | opportunity to request an administrative hearing, the sole | ||||||
| 19 | purpose of which is to determine if the substantiated | ||||||
| 20 | finding warrants reporting to the Registry. Notice to the | ||||||
| 21 | employee shall contain a clear and concise statement of | ||||||
| 22 | the grounds on which the report to the Registry is based, | ||||||
| 23 | offer the employee an opportunity for a hearing, and | ||||||
| 24 | identify the process for requesting such a hearing. Notice | ||||||
| 25 | is sufficient if provided by certified mail to the | ||||||
| 26 | employee's last known address. If the employee fails to | ||||||
| |||||||
| |||||||
| 1 | request a hearing within 30 days from the date of the | ||||||
| 2 | notice, the Inspector General shall report the name of the | ||||||
| 3 | employee to the Registry. Nothing in this subdivision | ||||||
| 4 | (s)(2) shall diminish or impair the rights of a person who | ||||||
| 5 | is a member of a collective bargaining unit under the | ||||||
| 6 | Illinois Public Labor Relations Act or under any other | ||||||
| 7 | federal labor statute. | ||||||
| 8 | (3) Registry hearings. If the employee requests an | ||||||
| 9 | administrative hearing, the employee shall be granted an | ||||||
| 10 | opportunity to appear before an administrative law judge | ||||||
| 11 | to present reasons why the employee's name should not be | ||||||
| 12 | reported to the Registry. The Department shall bear the | ||||||
| 13 | burden of presenting evidence that establishes, by a | ||||||
| 14 | preponderance of the evidence, that the substantiated | ||||||
| 15 | finding warrants reporting to the Registry. After | ||||||
| 16 | considering all the evidence presented, the administrative | ||||||
| 17 | law judge shall make a recommendation to the Secretary as | ||||||
| 18 | to whether the substantiated finding warrants reporting | ||||||
| 19 | the name of the employee to the Registry. The Secretary | ||||||
| 20 | shall render the final decision. The Department and the | ||||||
| 21 | employee shall have the right to request that the | ||||||
| 22 | administrative law judge consider a stipulated disposition | ||||||
| 23 | of these proceedings. | ||||||
| 24 | (4) Testimony at Registry hearings. A person who makes | ||||||
| 25 | a report or who investigates a report under this Act shall | ||||||
| 26 | testify fully in any judicial proceeding resulting from | ||||||
| |||||||
| |||||||
| 1 | such a report, as to any evidence of physical abuse, | ||||||
| 2 | sexual abuse, egregious neglect, financial exploitation, | ||||||
| 3 | or material obstruction of an investigation, or the cause | ||||||
| 4 | thereof. No evidence shall be excluded by reason of any | ||||||
| 5 | common law or statutory privilege relating to | ||||||
| 6 | communications between the alleged perpetrator of abuse or | ||||||
| 7 | neglect, or the individual alleged as the victim in the | ||||||
| 8 | report, and the person making or investigating the report. | ||||||
| 9 | Testimony at hearings is exempt from the confidentiality | ||||||
| 10 | requirements of subsection (f) of Section 10 of the Mental | ||||||
| 11 | Health and Developmental Disabilities Confidentiality Act. | ||||||
| 12 | (5) Employee's rights to collateral action. No | ||||||
| 13 | reporting to the Registry shall occur and no hearing shall | ||||||
| 14 | be set or proceed if an employee notifies the Inspector | ||||||
| 15 | General in writing, including any supporting | ||||||
| 16 | documentation, that he or she is formally contesting an | ||||||
| 17 | adverse employment action resulting from a substantiated | ||||||
| 18 | finding by complaint filed with the Illinois Civil Service | ||||||
| 19 | Commission, or which otherwise seeks to enforce the | ||||||
| 20 | employee's rights pursuant to any applicable collective | ||||||
| 21 | bargaining agreement. If an action taken by an employer | ||||||
| 22 | against an employee as a result of a finding of physical | ||||||
| 23 | abuse, sexual abuse, egregious neglect, financial | ||||||
| 24 | exploitation, or material obstruction of an investigation | ||||||
| 25 | is overturned through an action filed with the Illinois | ||||||
| 26 | Civil Service Commission or under any applicable | ||||||
| |||||||
| |||||||
| 1 | collective bargaining agreement and if that employee's | ||||||
| 2 | name has already been sent to the Registry, the employee's | ||||||
| 3 | name shall be removed from the Registry. | ||||||
| 4 | (6) Removal from Registry. At any time after the | ||||||
| 5 | report to the Registry, but no more than once in any | ||||||
| 6 | 12-month period, an employee may petition the Department | ||||||
| 7 | in writing to remove his or her name from the Registry. | ||||||
| 8 | Upon receiving notice of such request, the Inspector | ||||||
| 9 | General shall conduct an investigation into the petition. | ||||||
| 10 | Upon receipt of such request, an administrative hearing | ||||||
| 11 | will be set by the Department. At the hearing, the | ||||||
| 12 | employee shall bear the burden of presenting evidence that | ||||||
| 13 | establishes, by a preponderance of the evidence, that | ||||||
| 14 | removal of the name from the Registry is in the public | ||||||
| 15 | interest. The parties may jointly request that the | ||||||
| 16 | administrative law judge consider a stipulated disposition | ||||||
| 17 | of these proceedings. | ||||||
| 18 | (t) Review of Administrative Decisions. The Department | ||||||
| 19 | shall preserve a record of all proceedings at any formal | ||||||
| 20 | hearing conducted by the Department involving Health Care | ||||||
| 21 | Worker Registry hearings. Final administrative decisions of | ||||||
| 22 | the Department are subject to judicial review pursuant to | ||||||
| 23 | provisions of the Administrative Review Law. | ||||||
| 24 | (u) Quality Care Board. There is created, within the | ||||||
| 25 | Office of the Inspector General, a Quality Care Board to be | ||||||
| 26 | composed of 7 members appointed by the Governor with the | ||||||
| |||||||
| |||||||
| 1 | advice and consent of the Senate. One of the members shall be | ||||||
| 2 | designated as chairman by the Governor. Of the initial | ||||||
| 3 | appointments made by the Governor, 4 Board members shall each | ||||||
| 4 | be appointed for a term of 4 years and 3 members shall each be | ||||||
| 5 | appointed for a term of 2 years. Upon the expiration of each | ||||||
| 6 | member's term, a successor shall be appointed for a term of 4 | ||||||
| 7 | years. In the case of a vacancy in the office of any member, | ||||||
| 8 | the Governor shall appoint a successor for the remainder of | ||||||
| 9 | the unexpired term. | ||||||
| 10 | Members appointed by the Governor shall be qualified by | ||||||
| 11 | professional knowledge or experience in the area of law, | ||||||
| 12 | investigatory techniques, or in the area of care of the | ||||||
| 13 | mentally ill or care of persons with developmental | ||||||
| 14 | disabilities. Two members appointed by the Governor shall be | ||||||
| 15 | persons with a disability or parents of persons with a | ||||||
| 16 | disability. Members shall serve without compensation, but | ||||||
| 17 | shall be reimbursed for expenses incurred in connection with | ||||||
| 18 | the performance of their duties as members. | ||||||
| 19 | The Board shall meet quarterly, and may hold other | ||||||
| 20 | meetings on the call of the chairman. Four members shall | ||||||
| 21 | constitute a quorum allowing the Board to conduct its | ||||||
| 22 | business. The Board may adopt rules and regulations it deems | ||||||
| 23 | necessary to govern its own procedures. | ||||||
| 24 | The Board shall monitor and oversee the operations, | ||||||
| 25 | policies, and procedures of the Inspector General to ensure | ||||||
| 26 | the prompt and thorough investigation of allegations of | ||||||
| |||||||
| |||||||
| 1 | neglect and abuse. In fulfilling these responsibilities, the | ||||||
| 2 | Board may do the following: | ||||||
| 3 | (1) Provide independent, expert consultation to the | ||||||
| 4 | Inspector General on policies and protocols for | ||||||
| 5 | investigations of alleged abuse, neglect, or both abuse | ||||||
| 6 | and neglect. | ||||||
| 7 | (2) Review existing regulations relating to the | ||||||
| 8 | operation of facilities. | ||||||
| 9 | (3) Advise the Inspector General as to the content of | ||||||
| 10 | training activities authorized under this Section. | ||||||
| 11 | (4) Recommend policies concerning methods for | ||||||
| 12 | improving the intergovernmental relationships between the | ||||||
| 13 | Office of the Inspector General and other State or federal | ||||||
| 14 | offices. | ||||||
| 15 | (v) Annual report. The Inspector General shall provide to | ||||||
| 16 | the General Assembly and the Governor, no later than January 1 | ||||||
| 17 | of each year, a summary of reports and investigations made | ||||||
| 18 | under this Act for the prior fiscal year with respect to | ||||||
| 19 | individuals receiving mental health or developmental | ||||||
| 20 | disabilities services. The report shall detail the imposition | ||||||
| 21 | of sanctions, if any, and the final disposition of any | ||||||
| 22 | corrective or administrative action directed by the Secretary. | ||||||
| 23 | The summaries shall not contain any confidential or | ||||||
| 24 | identifying information of any individual, but shall include | ||||||
| 25 | objective data identifying any trends in the number of | ||||||
| 26 | reported allegations, the timeliness of the Office of the | ||||||
| |||||||
| |||||||
| 1 | Inspector General's investigations, and their disposition, for | ||||||
| 2 | each facility and Department-wide, for the most recent 3-year | ||||||
| 3 | time period. The report shall also identify, by facility, the | ||||||
| 4 | staff-to-patient ratios taking account of direct care staff | ||||||
| 5 | only. The report shall also include detailed recommended | ||||||
| 6 | administrative actions and matters for consideration by the | ||||||
| 7 | General Assembly. | ||||||
| 8 | (w) Program audit. The Auditor General shall conduct a | ||||||
| 9 | program audit of the Office of the Inspector General on an | ||||||
| 10 | as-needed basis, as determined by the Auditor General. The | ||||||
| 11 | audit shall specifically include the Inspector General's | ||||||
| 12 | compliance with the Act and effectiveness in investigating | ||||||
| 13 | reports of allegations occurring in any facility or agency. | ||||||
| 14 | The Auditor General shall conduct the program audit according | ||||||
| 15 | to the provisions of the Illinois State Auditing Act and shall | ||||||
| 16 | report its findings to the General Assembly no later than | ||||||
| 17 | January 1 following the audit period. | ||||||
| 18 | (x) Nothing in this Section shall be construed to mean | ||||||
| 19 | that an individual is a victim of abuse or neglect because of | ||||||
| 20 | health care services appropriately provided or not provided by | ||||||
| 21 | health care professionals. | ||||||
| 22 | (y) Nothing in this Section shall require a facility, | ||||||
| 23 | including its employees, agents, medical staff members, and | ||||||
| 24 | health care professionals, to provide a service to an | ||||||
| 25 | individual in contravention of that individual's stated or | ||||||
| 26 | implied objection to the provision of that service on the | ||||||
| |||||||
| |||||||
| 1 | ground that that service conflicts with the individual's | ||||||
| 2 | religious beliefs or practices, nor shall the failure to | ||||||
| 3 | provide a service to an individual be considered abuse under | ||||||
| 4 | this Section if the individual has objected to the provision | ||||||
| 5 | of that service based on his or her religious beliefs or | ||||||
| 6 | practices. | ||||||
| 7 | (Source: P.A. 102-538, eff. 8-20-21; 102-883, eff. 5-13-22; | ||||||
| 8 | 102-1071, eff. 6-10-22; 103-76, eff. 6-9-23; 103-154, eff. | ||||||
| 9 | 6-30-23; 103-752, eff. 1-1-25.)
| ||||||
| 10 | Section 30. The Illinois State Police Law of the Civil | ||||||
| 11 | Administrative Code of Illinois is amended by changing Section | ||||||
| 12 | 2605-615 as follows:
| ||||||
| 13 | (20 ILCS 2605/2605-615) | ||||||
| 14 | Sec. 2605-615. Illinois Forensic Science Commission. | ||||||
| 15 | (a) Creation. There is created within the Illinois State | ||||||
| 16 | Police the Illinois Forensic Science Commission. | ||||||
| 17 | (b) Duties and purpose. The Commission shall: | ||||||
| 18 | (1) Provide guidance to ensure the efficient delivery | ||||||
| 19 | of forensic services and the sound practice of forensic | ||||||
| 20 | science. | ||||||
| 21 | (2) Provide a forum for discussions between forensic | ||||||
| 22 | science stakeholders to improve communication and | ||||||
| 23 | coordination and to monitor the important issues impacting | ||||||
| 24 | all stakeholders. | ||||||
| |||||||
| |||||||
| 1 | (3) Take a systems-based approach in reviewing all | ||||||
| 2 | aspects of the delivery of forensic services and the sound | ||||||
| 3 | practice of forensic science with the goal of reducing or | ||||||
| 4 | eliminating the factors and inefficiencies that contribute | ||||||
| 5 | to backlogs and errors, with a focus on education and | ||||||
| 6 | training, funding, hiring, procurement, and other aspects | ||||||
| 7 | identified by the Commission. | ||||||
| 8 | (4) Review significant non-conformities with the sound | ||||||
| 9 | practice of forensic science documented by each publicly | ||||||
| 10 | funded ISO 17025 accredited forensic laboratory and offer | ||||||
| 11 | recommendations for the correction thereof. | ||||||
| 12 | (5) Subject to appropriation, provide educational, | ||||||
| 13 | research, and professional training opportunities for | ||||||
| 14 | practicing forensic scientists, police officers, judges, | ||||||
| 15 | State's Attorneys and Assistant State's Attorneys, Public | ||||||
| 16 | Defenders, and defense attorneys comporting with the sound | ||||||
| 17 | practice of forensic science. | ||||||
| 18 | (6) Collect and analyze information related to the | ||||||
| 19 | impact of current laws, rules, policies, and practices on | ||||||
| 20 | forensic crime laboratories and the practice of forensic | ||||||
| 21 | science; evaluate the impact of those laws, rules, | ||||||
| 22 | policies, and practices on forensic crime laboratories and | ||||||
| 23 | the practice of forensic science; identify new policies | ||||||
| 24 | and approaches, together with changes in science, and | ||||||
| 25 | technology; and make recommendations for changes to those | ||||||
| 26 | laws, rules, policies, and practices that will yield | ||||||
| |||||||
| |||||||
| 1 | better results in the criminal justice system consistent | ||||||
| 2 | with the sound practice of forensic science. | ||||||
| 3 | (7) Perform such other studies or tasks pertaining to | ||||||
| 4 | forensic crime laboratories as may be requested by the | ||||||
| 5 | General Assembly by resolution or the Governor, and | ||||||
| 6 | perform such other functions as may be required by law or | ||||||
| 7 | as are necessary to carry out the purposes and goals of the | ||||||
| 8 | Commission prescribed in this Section. | ||||||
| 9 | (8) Ensure that adequate resources and facilities are | ||||||
| 10 | available for carrying out the changes proposed in | ||||||
| 11 | legislation, rules, or policies and that rational | ||||||
| 12 | priorities are established for the use of those resources. | ||||||
| 13 | To do so, the Commission may prepare statements to the | ||||||
| 14 | Governor and General Assembly identifying the fiscal and | ||||||
| 15 | practical effects of proposed legislation, rules, or | ||||||
| 16 | policy changes. Such statements may include, but are not | ||||||
| 17 | limited to: the impact on present levels of staffing and | ||||||
| 18 | resources; a professional opinion on the practical value | ||||||
| 19 | of the change or changes; the increase or decrease the | ||||||
| 20 | number of crime laboratories; the increase or decrease the | ||||||
| 21 | cost of operating crime laboratories; the impact on | ||||||
| 22 | efficiencies and caseloads; other information, including | ||||||
| 23 | but not limited to, facts, data, research, and science | ||||||
| 24 | relevant to the legislation, rule, or policy; the direct | ||||||
| 25 | or indirect alteration in any process involving or used by | ||||||
| 26 | crime laboratories of such proposed legislation, rules, or | ||||||
| |||||||
| |||||||
| 1 | policy changes; an analysis of the impact, either directly | ||||||
| 2 | or indirectly, on the technology, improvements, or | ||||||
| 3 | practices of forensic analyses for use in criminal | ||||||
| 4 | proceedings; together with the direct or indirect impact | ||||||
| 5 | on headcount, space, equipment, instruments, | ||||||
| 6 | accreditation, the volume of cases for analysis, | ||||||
| 7 | scientific controls, and quality assurance. | ||||||
| 8 | (c) Members. The Commission shall be composed of the | ||||||
| 9 | Director of the Illinois State Police, or his or her designee, | ||||||
| 10 | together with the following members appointed for a term of 4 | ||||||
| 11 | years by the Governor with the advice and consent of the | ||||||
| 12 | Senate: | ||||||
| 13 | (1) One crime laboratory director or administrator | ||||||
| 14 | from each publicly funded ISO 17025 accredited forensic | ||||||
| 15 | laboratory system. | ||||||
| 16 | (2) One member with experience in the admission of | ||||||
| 17 | forensic evidence in trials from a statewide association | ||||||
| 18 | representing prosecutors. | ||||||
| 19 | (3) One member with experience in the admission of | ||||||
| 20 | forensic evidence in trials from a statewide association | ||||||
| 21 | representing criminal defense attorneys. | ||||||
| 22 | (4) Three forensic scientists with bench work | ||||||
| 23 | background from various forensic disciplines (e.g., DNA, | ||||||
| 24 | chemistry, pattern evidence, etc.). | ||||||
| 25 | (5) One retired circuit court judge or associate | ||||||
| 26 | circuit court judge with criminal trial experience, | ||||||
| |||||||
| |||||||
| 1 | including experience in the admission of forensic evidence | ||||||
| 2 | in trials. | ||||||
| 3 | (6) One academic specializing in the field of forensic | ||||||
| 4 | sciences. | ||||||
| 5 | (7) One or more community representatives (e.g., | ||||||
| 6 | victim advocates, innocence project organizations, sexual | ||||||
| 7 | assault examiners, etc.). | ||||||
| 8 | (8) One member who is a medical examiner or coroner. | ||||||
| 9 | The Governor shall designate one of the members of the | ||||||
| 10 | Commission to serve as the chair of the Commission. The | ||||||
| 11 | members of the Commission shall elect from their number such | ||||||
| 12 | other officers as they may determine. Members of the | ||||||
| 13 | Commission shall serve without compensation, but may be | ||||||
| 14 | reimbursed for reasonable expenses incurred in the performance | ||||||
| 15 | of their duties from funds appropriated for that purpose. | ||||||
| 16 | (d) Subcommittees. The Commission may form subcommittees | ||||||
| 17 | to study specific issues identified under paragraph (3) of | ||||||
| 18 | subsection (b), including, but not limited to, subcommittees | ||||||
| 19 | on education and training, procurement, funding and hiring. Ad | ||||||
| 20 | hoc subcommittees may also be convened to address other | ||||||
| 21 | issues. Such subcommittees shall meet as needed to complete | ||||||
| 22 | their work, and shall report their findings back to the | ||||||
| 23 | Commission. Subcommittees shall include members of the | ||||||
| 24 | Commission, and may also include non-members such as forensic | ||||||
| 25 | science stakeholders and subject matter experts. | ||||||
| 26 | (e) Meetings. The Commission shall meet quarterly, at the | ||||||
| |||||||
| |||||||
| 1 | call of the chairperson. Facilities for meeting, whether | ||||||
| 2 | remotely or in person, shall be provided for the Commission by | ||||||
| 3 | the Illinois State Police. | ||||||
| 4 | (f) Reporting by publicly funded ISO 17025 accredited | ||||||
| 5 | forensic laboratories. All State and local publicly funded ISO | ||||||
| 6 | 17025 accredited forensic laboratory systems, including, but | ||||||
| 7 | not limited to, the DuPage County Forensic Science Center, the | ||||||
| 8 | Northeastern Illinois Regional Crime Laboratory, and the | ||||||
| 9 | Illinois State Police, shall annually provide to the | ||||||
| 10 | Commission a report summarizing its significant | ||||||
| 11 | non-conformities with the efficient delivery of forensic | ||||||
| 12 | services and the sound practice of forensic science. The | ||||||
| 13 | report will identify: each significant non-conformity or | ||||||
| 14 | deficient method; how the non-conformity or deficient method | ||||||
| 15 | was detected; the nature and extent of the non-conformity or | ||||||
| 16 | deficient method; all corrective actions implemented to | ||||||
| 17 | address the non-conformity or deficient method; and an | ||||||
| 18 | analysis of the effectiveness of the corrective actions taken. | ||||||
| 19 | (g) Definition. As used in this Section, "Commission" | ||||||
| 20 | means the Illinois Forensic Science Commission. | ||||||
| 21 | (Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24; | ||||||
| 22 | 103-609, eff. 7-1-24.)
| ||||||
| 23 | Section 35. The Capital Development Board Act is amended | ||||||
| 24 | by changing Section 5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3105/5) (from Ch. 127, par. 775) | ||||||
| 2 | Sec. 5. The Board shall consist of 7 members, no more than | ||||||
| 3 | 4 of whom may be of the same political party, all of whom shall | ||||||
| 4 | be appointed by the Governor, by and with the consent of the | ||||||
| 5 | Senate, and one of whom shall be designated as chairman by the | ||||||
| 6 | Governor. No person may be appointed as a member of the Board | ||||||
| 7 | who is serving as an elected officer for the State or for any | ||||||
| 8 | unit of local government within the State. | ||||||
| 9 | If the Senate is not in session when the first | ||||||
| 10 | appointments are made, the Governor shall make temporary | ||||||
| 11 | appointments as in the case of a vacancy. In making the first | ||||||
| 12 | appointments, the Governor shall designate 2 members to serve | ||||||
| 13 | until January, 1974, 2 members to serve until January, 1975, 2 | ||||||
| 14 | members to serve until January, 1976 and 1 member to serve | ||||||
| 15 | until January, 1977, or until their successors are appointed | ||||||
| 16 | and qualified. Notwithstanding any provision of law to the | ||||||
| 17 | contrary, the term of office of each member of the Board is | ||||||
| 18 | abolished on January 31, 2019. Incumbent members holding a | ||||||
| 19 | position on the Board on January 30, 2019 may be reappointed. | ||||||
| 20 | In making appointments to fill the vacancies created on | ||||||
| 21 | January 31, 2019, the Governor shall designate 2 members to | ||||||
| 22 | serve until January 31, 2021, 2 members to serve until January | ||||||
| 23 | 31, 2022, 2 members to serve until January 31, 2023, and one | ||||||
| 24 | member to serve until January 31, 2024, or until their | ||||||
| 25 | successors are appointed and qualified. Their successors shall | ||||||
| 26 | be appointed to serve for 4 year terms expiring on the third | ||||||
| |||||||
| |||||||
| 1 | Monday in January or until their successors are appointed and | ||||||
| 2 | qualified. Any vacancy occurring on the Board, whether by | ||||||
| 3 | death, resignation or otherwise, shall be filled by | ||||||
| 4 | appointment by the Governor in the same manner as original | ||||||
| 5 | appointments. A member appointed to fill a vacancy shall serve | ||||||
| 6 | for the remainder of the unexpired term or until his successor | ||||||
| 7 | is qualified. | ||||||
| 8 | (Source: P.A. 100-1189, eff. 4-5-19.)
| ||||||
| 9 | Section 40. The Abraham Lincoln Presidential Library and | ||||||
| 10 | Museum Act is amended by changing Section 20 as follows:
| ||||||
| 11 | (20 ILCS 3475/20) | ||||||
| 12 | Sec. 20. Composition of the Board. The Board of Trustees | ||||||
| 13 | shall consist of 11 members to be appointed by the Governor, | ||||||
| 14 | with the advice and consent of the Senate. The Board shall | ||||||
| 15 | consist of members with the following qualifications: | ||||||
| 16 | (1) One member shall have recognized knowledge and | ||||||
| 17 | ability in matters related to business administration. | ||||||
| 18 | (2) One member shall have recognized knowledge and | ||||||
| 19 | ability in matters related to the history of Abraham | ||||||
| 20 | Lincoln. | ||||||
| 21 | (3) One member shall have recognized knowledge and | ||||||
| 22 | ability in matters related to the history of Illinois. | ||||||
| 23 | (4) One member shall have recognized knowledge and | ||||||
| 24 | ability in matters related to library and museum studies. | ||||||
| |||||||
| |||||||
| 1 | (5) One member shall have recognized knowledge and | ||||||
| 2 | ability in matters related to historic preservation. | ||||||
| 3 | (6) One member shall have recognized knowledge and | ||||||
| 4 | ability in matters related to cultural tourism. | ||||||
| 5 | (7) One member shall have recognized knowledge and | ||||||
| 6 | ability in matters related to conservation, digitization, | ||||||
| 7 | and technological innovation. | ||||||
| 8 | The initial terms of office shall be designated by the | ||||||
| 9 | Governor as follows: one member to serve for a term of one | ||||||
| 10 | year, 2 members to serve for a term of 2 years, 2 members to | ||||||
| 11 | serve for a term of 3 years, 2 members to serve for a term of 4 | ||||||
| 12 | years, 2 members to serve for a term of 5 years, and 2 members | ||||||
| 13 | to serve for a term of 6 years. Thereafter, all appointments | ||||||
| 14 | shall be for a term of 6 years. The Governor shall appoint one | ||||||
| 15 | of the members to serve as chairperson at the pleasure of the | ||||||
| 16 | Governor. | ||||||
| 17 | The members of the Board shall serve without compensation | ||||||
| 18 | but shall be entitled to reimbursement for all necessary | ||||||
| 19 | expenses incurred in the performance of their official duties | ||||||
| 20 | as members of the Board from funds appropriated for that | ||||||
| 21 | purpose. | ||||||
| 22 | (Source: P.A. 102-985, eff. 1-1-23.)
| ||||||
| 23 | Section 45. The Illinois Housing Development Act is | ||||||
| 24 | amended by changing Section 4 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3805/4) (from Ch. 67 1/2, par. 304) | ||||||
| 2 | Sec. 4. There is hereby created a body politic and | ||||||
| 3 | corporate to be known as the Illinois Housing Development | ||||||
| 4 | Authority. The Authority shall consist of 9 members, including | ||||||
| 5 | a senior citizen age 60 or older, of whom not more than three | ||||||
| 6 | shall be from any one county in the State and of whom not more | ||||||
| 7 | than 5 shall be of any one political party. The Governor shall | ||||||
| 8 | appoint the members of the Authority by and with the advice and | ||||||
| 9 | consent of the Senate. Three members first appointed shall | ||||||
| 10 | hold office until the second Monday in January, 1971 and until | ||||||
| 11 | their successors are appointed and qualified and four members | ||||||
| 12 | shall hold office until the second Monday in January, 1973 and | ||||||
| 13 | until their successors are appointed and qualified. The | ||||||
| 14 | members first appointed under this amendatory Act of 1984 | ||||||
| 15 | shall serve for a term of 4 years, commencing with the second | ||||||
| 16 | Monday in January, 1985. After the expiration of the terms of | ||||||
| 17 | office of those first appointed, their respective successors | ||||||
| 18 | shall hold office from the second Monday in January of the year | ||||||
| 19 | of their respective appointments for a term of four years and | ||||||
| 20 | until their successors are appointed and qualified. In case of | ||||||
| 21 | vacancies in such offices during the recess of the Senate, the | ||||||
| 22 | Governor shall appoint a replacement member who make a | ||||||
| 23 | temporary appointment until the next meeting of the Senate | ||||||
| 24 | when he shall nominate some person to fill such office, and any | ||||||
| 25 | person so nominated, who is confirmed by the Senate, shall | ||||||
| 26 | hold his office during the remainder of the term and until his | ||||||
| |||||||
| |||||||
| 1 | successor shall be appointed and qualified. If the Senate is | ||||||
| 2 | not in session at the time this provision takes effect, the | ||||||
| 3 | Governor shall make a temporary appointment as in the case of a | ||||||
| 4 | vacancy. | ||||||
| 5 | (Source: P.A. 83-1538.)
| ||||||
| 6 | Section 50. The Guardianship and Advocacy Act is amended | ||||||
| 7 | by changing Section 4 as follows:
| ||||||
| 8 | (20 ILCS 3955/4) (from Ch. 91 1/2, par. 704) | ||||||
| 9 | Sec. 4. (a) The Commission shall consist of 11 members, | ||||||
| 10 | one of whom shall be a senior citizen age 60 or over, who shall | ||||||
| 11 | be appointed by the Governor, taking into account the | ||||||
| 12 | requirements of State and federal statutes, with the advice | ||||||
| 13 | and consent of the Senate. | ||||||
| 14 | All appointments shall be filed with the Secretary of | ||||||
| 15 | State by the appointing authority. | ||||||
| 16 | (b) The terms of the original members shall be 3 one year | ||||||
| 17 | terms, 3 two year terms, and 3 three year terms, all terms to | ||||||
| 18 | continue until a successor is appointed and qualified. The | ||||||
| 19 | length of the terms of the original members shall be drawn by | ||||||
| 20 | lot of the first meeting held by the Commission. The members | ||||||
| 21 | first appointed under this amendatory Act of 1984 shall serve | ||||||
| 22 | for a term of 3 years. Thereafter all terms shall be for 3 | ||||||
| 23 | years, with each member serving no more than 2 consecutive | ||||||
| 24 | terms. Vacancies in the membership are to be filled in the same | ||||||
| |||||||
| |||||||
| 1 | manner as original appointments. Appointments to fill | ||||||
| 2 | vacancies occurring before the expiration of a term are for | ||||||
| 3 | the remainder of the unexpired term. A member of the | ||||||
| 4 | Commission shall serve for a term ending on June 30 and until | ||||||
| 5 | his successor is appointed and qualified. | ||||||
| 6 | (c) The Commission shall annually elect a Chairman and any | ||||||
| 7 | other officers it deems necessary. The Commission shall meet | ||||||
| 8 | at least once every 3 months with the times and places of | ||||||
| 9 | meetings determined by the Chairman. Additional meetings may | ||||||
| 10 | be called by the Chairman upon written notice 7 days before the | ||||||
| 11 | meeting or by written petition of 5 members to the Chairman. | ||||||
| 12 | Six members of the Commission constitute a quorum. | ||||||
| 13 | (d) Members of the Commission are not entitled to | ||||||
| 14 | compensation but shall receive reimbursement for actual | ||||||
| 15 | expenses incurred in the performance of their duties. | ||||||
| 16 | (Source: P.A. 83-1538.)
| ||||||
| 17 | Section 55. The Illinois Workforce Innovation Board Act is | ||||||
| 18 | amended by changing Section 3 as follows:
| ||||||
| 19 | (20 ILCS 3975/3) (from Ch. 48, par. 2103) | ||||||
| 20 | Sec. 3. Illinois Workforce Innovation Board. | ||||||
| 21 | (a) The Illinois Workforce Innovation Board shall include: | ||||||
| 22 | (1) the Governor; | ||||||
| 23 | (2) 2 members of the House of Representatives | ||||||
| 24 | appointed by the Speaker of the House and 2 members of the | ||||||
| |||||||
| |||||||
| 1 | Senate appointed by the President of the Senate; | ||||||
| 2 | (3) for appointments made prior to the effective date | ||||||
| 3 | of this amendatory Act of the 100th General Assembly, | ||||||
| 4 | persons appointed by the Governor, with the advice and | ||||||
| 5 | consent of the Senate (except in the case of a person | ||||||
| 6 | holding an office or employment described in subparagraph | ||||||
| 7 | (F) when appointment to the office or employment requires | ||||||
| 8 | the advice and consent of the Senate), from among the | ||||||
| 9 | following: | ||||||
| 10 | (A) representatives of business in this State who | ||||||
| 11 | (i) are owners of businesses, chief executives or | ||||||
| 12 | operating officers of businesses, or other business | ||||||
| 13 | executives or employers with optimum policymaking or | ||||||
| 14 | hiring authority, including members of local boards | ||||||
| 15 | described in Section 117(b)(2)(A)(i) of the federal | ||||||
| 16 | Workforce Investment Act of 1998; (ii) represent | ||||||
| 17 | businesses with employment opportunities that reflect | ||||||
| 18 | the employment opportunities in the State; and (iii) | ||||||
| 19 | are appointed from among individuals nominated by | ||||||
| 20 | State business organizations and business trade | ||||||
| 21 | associations; | ||||||
| 22 | (B) chief elected officials from cities and | ||||||
| 23 | counties; | ||||||
| 24 | (C) representatives of labor organizations who | ||||||
| 25 | have been nominated by State labor federations; | ||||||
| 26 | (D) representatives of individuals or | ||||||
| |||||||
| |||||||
| 1 | organizations that have experience with youth | ||||||
| 2 | activities; | ||||||
| 3 | (E) representatives of individuals or | ||||||
| 4 | organizations that have experience and expertise in | ||||||
| 5 | the delivery of workforce investment activities, | ||||||
| 6 | including chief executive officers of community | ||||||
| 7 | colleges and community-based organizations within the | ||||||
| 8 | State; | ||||||
| 9 | (F) the lead State agency officials with | ||||||
| 10 | responsibility for the programs and activities that | ||||||
| 11 | are described in Section 121(b) of the federal | ||||||
| 12 | Workforce Investment Act of 1998 and carried out by | ||||||
| 13 | one-stop partners and, in any case in which no lead | ||||||
| 14 | State agency official has responsibility for such a | ||||||
| 15 | program, service, or activity, a representative in the | ||||||
| 16 | State with expertise in such program, service, or | ||||||
| 17 | activity; and | ||||||
| 18 | (G) any other representatives and State agency | ||||||
| 19 | officials that the Governor may appoint, including, | ||||||
| 20 | but not limited to, one or more representatives of | ||||||
| 21 | local public education, post-secondary institutions, | ||||||
| 22 | secondary or post-secondary vocational education | ||||||
| 23 | institutions, and community-based organizations; and | ||||||
| 24 | (4) for appointments made on or after the effective | ||||||
| 25 | date of this amendatory Act of the 100th General Assembly, | ||||||
| 26 | persons appointed by the Governor in accordance with | ||||||
| |||||||
| |||||||
| 1 | Section 101 of the federal Workforce Innovation and | ||||||
| 2 | Opportunity Act, subject to the advice and consent of the | ||||||
| 3 | Senate (except in the case of a person holding an office or | ||||||
| 4 | employment with the Department of Commerce and Economic | ||||||
| 5 | Opportunity, the Illinois Community College Board, the | ||||||
| 6 | Department of Employment Security, or the Department of | ||||||
| 7 | Human Services when appointment to the office or | ||||||
| 8 | employment requires the consent of the Senate). | ||||||
| 9 | Appointments made under this paragraph (4) shall | ||||||
| 10 | include 2 representatives of community-based organizations | ||||||
| 11 | that provide or support competitive, integrated employment | ||||||
| 12 | for individuals with disabilities. These 2 representatives | ||||||
| 13 | shall be individuals who self-identify as persons with | ||||||
| 14 | intellectual or developmental disabilities, and who are | ||||||
| 15 | engaged in advocacy for the rights of individuals with | ||||||
| 16 | disabilities. If these persons require support in the form | ||||||
| 17 | of reasonable accommodations in order to participate, such | ||||||
| 18 | support shall be provided. | ||||||
| 19 | (b) (Blank). | ||||||
| 20 | (c) (Blank). | ||||||
| 21 | (d) The Governor shall select a chairperson as provided in | ||||||
| 22 | the federal Workforce Innovation and Opportunity Act. | ||||||
| 23 | (d-5) (Blank). | ||||||
| 24 | (e) Except as otherwise provided in this subsection, this | ||||||
| 25 | amendatory Act of the 92nd General Assembly does not affect | ||||||
| 26 | the tenure of any member appointed to and serving on the | ||||||
| |||||||
| |||||||
| 1 | Illinois Human Resource Investment Council on the effective | ||||||
| 2 | date of this amendatory Act of the 92nd General Assembly. | ||||||
| 3 | Members of the Board nominated for appointment in 2000, 2001, | ||||||
| 4 | or 2002 shall serve for fixed and staggered terms, as | ||||||
| 5 | designated by the Governor, expiring no later than July 1 of | ||||||
| 6 | the second calendar year succeeding their respective | ||||||
| 7 | appointments or until their successors are appointed and | ||||||
| 8 | qualified. Members of the Board nominated for appointment | ||||||
| 9 | after 2002 shall serve for terms expiring on July 1 of the | ||||||
| 10 | second calendar year succeeding their respective appointments, | ||||||
| 11 | or until their successors are appointed and qualified. A State | ||||||
| 12 | official or employee serving on the Board under subparagraph | ||||||
| 13 | (F) of paragraph (3) of subsection (a) by virtue of his or her | ||||||
| 14 | State office or employment shall serve during the term of that | ||||||
| 15 | office or employment. A vacancy is created in situations | ||||||
| 16 | including, but not limited to, those in which an individual | ||||||
| 17 | serving on the Board ceases to satisfy all of the requirements | ||||||
| 18 | for appointment under the provision under which he or she was | ||||||
| 19 | appointed. The Governor may at any time make appointments to | ||||||
| 20 | fill vacancies for the balance of an unexpired term. Vacancies | ||||||
| 21 | shall be filled in the same manner as the original | ||||||
| 22 | appointment. Members shall serve without compensation, but | ||||||
| 23 | shall be reimbursed for necessary expenses incurred in the | ||||||
| 24 | performance of their duties. | ||||||
| 25 | (f) The Board shall meet at least 4 times per calendar year | ||||||
| 26 | at times and in places that it deems necessary. The Board shall | ||||||
| |||||||
| |||||||
| 1 | be subject to the Open Meetings Act and, to the extent required | ||||||
| 2 | by that law, its meetings shall be publicly announced and open | ||||||
| 3 | and accessible to the general public. The Board shall adopt | ||||||
| 4 | any rules and operating procedures that it deems necessary to | ||||||
| 5 | carry out its responsibilities under this Act and under the | ||||||
| 6 | federal Workforce Innovation and Opportunity Act. | ||||||
| 7 | (Source: P.A. 100-477, eff. 9-8-17; 100-891, eff. 1-1-19.)
| ||||||
| 8 | Section 60. The Commission on Discrimination and Hate | ||||||
| 9 | Crimes Act is amended by changing Section 10 as follows:
| ||||||
| 10 | (20 ILCS 4070/10) | ||||||
| 11 | Sec. 10. Establishment of Commission. | ||||||
| 12 | (a) The Commission on Discrimination and Hate Crimes is | ||||||
| 13 | established. The Commission shall consist of a chairperson and | ||||||
| 14 | 20 additional members appointed by the Governor with the | ||||||
| 15 | advice and consent of the Senate. The membership may include, | ||||||
| 16 | but is not limited to, persons who are active in and | ||||||
| 17 | knowledgeable about the areas of law enforcement, the criminal | ||||||
| 18 | and civil justice systems, education, human rights, business | ||||||
| 19 | and industry, arts and culture, social services, and religion. | ||||||
| 20 | Terms of the members shall be staggered so that 10 of the | ||||||
| 21 | initial members shall serve until March 1, 2009, 10 of the | ||||||
| 22 | initial members and the initial chairperson shall serve until | ||||||
| 23 | March 1, 2011, and thereafter each member shall serve for a | ||||||
| 24 | term of 4 years. Members shall serve until their successors | ||||||
| |||||||
| |||||||
| 1 | are appointed and qualified. Any vacancy in the membership of | ||||||
| 2 | the Council shall be filled by the Governor with the advice and | ||||||
| 3 | consent of the Senate for the unexpired term. Members shall | ||||||
| 4 | serve without compensation, but may be reimbursed for | ||||||
| 5 | expenses. | ||||||
| 6 | (b) The Commission shall be provided assistance and | ||||||
| 7 | necessary staff support services by the agencies of State | ||||||
| 8 | government involved in the issues to be addressed by it. | ||||||
| 9 | (Source: P.A. 95-425, eff. 8-24-07.)
| ||||||
| 10 | Section 65. The Blue-Ribbon Commission on Transportation | ||||||
| 11 | Infrastructure Funding and Policy Act is amended by changing | ||||||
| 12 | Section 10 as follows:
| ||||||
| 13 | (20 ILCS 4116/10) | ||||||
| 14 | (Section scheduled to be repealed on August 1, 2025) | ||||||
| 15 | Sec. 10. Commission created. | ||||||
| 16 | (a) The Blue-Ribbon Commission on Transportation | ||||||
| 17 | Infrastructure Funding and Policy is created within the | ||||||
| 18 | Department of Transportation consisting of members appointed | ||||||
| 19 | as follows: | ||||||
| 20 | (1) Four members of the House of Representatives, with | ||||||
| 21 | 2 to be appointed by the Speaker of the House of | ||||||
| 22 | Representatives and 2 to be appointed by the Minority | ||||||
| 23 | Leader of the House of Representatives. | ||||||
| 24 | (2) Four members of the Senate, with 2 to be appointed | ||||||
| |||||||
| |||||||
| 1 | by the President of the Senate and 2 to be appointed by the | ||||||
| 2 | Minority Leader of the Senate. | ||||||
| 3 | (3) Eight members appointed by the Governor with the | ||||||
| 4 | advice and consent of the Senate. | ||||||
| 5 | (4) The chair of the Commission to be appointed by the | ||||||
| 6 | Governor from among his 8 appointments. | ||||||
| 7 | (b) Members shall have expertise, knowledge, or experience | ||||||
| 8 | in transportation infrastructure development, construction, | ||||||
| 9 | workforce, or policy. Members shall also represent a diverse | ||||||
| 10 | set of sectors, including the labor, engineering, | ||||||
| 11 | construction, transit, active transportation, rail, air, or | ||||||
| 12 | other sectors, and shall include participants of the | ||||||
| 13 | Disadvantaged Business Enterprise Program. No more than 2 | ||||||
| 14 | appointees shall be members of the same sector. | ||||||
| 15 | (c) Members shall represent geographically diverse regions | ||||||
| 16 | of the State. | ||||||
| 17 | (d) Members shall be appointed by June 30, 2023. | ||||||
| 18 | (Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23; | ||||||
| 19 | reenacted by P.A. 103-461, eff. 8-4-23.)
| ||||||
| 20 | Section 70. The Illinois Pension Code is amended by | ||||||
| 21 | changing Sections 14-134, 15-159, 16-164, 22A-109, and 22B-115 | ||||||
| 22 | as follows:
| ||||||
| 23 | (40 ILCS 5/14-134) (from Ch. 108 1/2, par. 14-134) | ||||||
| 24 | Sec. 14-134. Board created. The retirement system created | ||||||
| |||||||
| |||||||
| 1 | by this Article shall be a trust, separate and distinct from | ||||||
| 2 | all other entities. The responsibility for the operation of | ||||||
| 3 | the system and for making effective this Article is vested in a | ||||||
| 4 | board of trustees. | ||||||
| 5 | The board shall consist of 7 trustees, as follows: | ||||||
| 6 | (a) the Director of the Governor's Office of Management | ||||||
| 7 | and Budget; (b) the Comptroller; (c) one trustee, not a State | ||||||
| 8 | employee, who shall be Chairman, to be appointed by the | ||||||
| 9 | Governor for a 5 year term; (d) two members of the system, one | ||||||
| 10 | of whom shall be an annuitant age 60 or over, having at least 8 | ||||||
| 11 | years of creditable service, to be appointed by the Governor | ||||||
| 12 | for terms of 5 years; (e) one member of the system having at | ||||||
| 13 | least 8 years of creditable service, to be elected from the | ||||||
| 14 | contributing membership of the system by the contributing | ||||||
| 15 | members as provided in Section 14-134.1; (f) one annuitant of | ||||||
| 16 | the system who has been an annuitant for at least one full | ||||||
| 17 | year, to be elected from and by the annuitants of the system, | ||||||
| 18 | as provided in Section 14-134.1. The Director of the | ||||||
| 19 | Governor's Office of Management and Budget and the Comptroller | ||||||
| 20 | shall be ex-officio members and shall serve as trustees during | ||||||
| 21 | their respective terms of office, except that each of them may | ||||||
| 22 | designate another officer or employee from the same agency to | ||||||
| 23 | serve in his or her place. However, no ex-officio member may | ||||||
| 24 | designate a different proxy within one year after designating | ||||||
| 25 | a proxy unless the person last so designated has become | ||||||
| 26 | ineligible to serve in that capacity. Except for the elected | ||||||
| |||||||
| |||||||
| 1 | trustees, any vacancy in the office of trustee shall be filled | ||||||
| 2 | in the same manner as the office was filled previously. | ||||||
| 3 | A trustee shall serve until a successor qualifies, except | ||||||
| 4 | that a trustee who is a member of the system shall be | ||||||
| 5 | disqualified as a trustee immediately upon terminating service | ||||||
| 6 | with the State. | ||||||
| 7 | Notwithstanding any provision of this Section to the | ||||||
| 8 | contrary, the term of office of each trustee of the board | ||||||
| 9 | appointed by the Governor who is sitting on the board on the | ||||||
| 10 | effective date of this amendatory Act of the 96th General | ||||||
| 11 | Assembly is terminated on that effective date. | ||||||
| 12 | Beginning on the 90th day after the effective date of this | ||||||
| 13 | amendatory Act of the 96th General Assembly, the board shall | ||||||
| 14 | consist of 13 trustees as follows: | ||||||
| 15 | (1) the Comptroller, who shall be the Chairperson; | ||||||
| 16 | (2) six persons appointed by the Governor with the | ||||||
| 17 | advice and consent of the Senate who may not be members of | ||||||
| 18 | the system or hold an elective State office and who shall | ||||||
| 19 | serve for a term of 5 years, except that the terms of the | ||||||
| 20 | initial appointees under this amendatory Act of the 96th | ||||||
| 21 | General Assembly shall be as follows: 3 for a term of 3 | ||||||
| 22 | years and 3 for a term of 5 years; | ||||||
| 23 | (3) four active participants of the system having at | ||||||
| 24 | least 8 years of creditable service, to be elected from | ||||||
| 25 | the contributing members of the system by the contribution | ||||||
| 26 | members as provided in Section 14-134.1; and | ||||||
| |||||||
| |||||||
| 1 | (4) two annuitants of the system who have been | ||||||
| 2 | annuitants for at least one full year, to be elected from | ||||||
| 3 | and by the annuitants of the system, as provided in | ||||||
| 4 | Section 14-134.1. | ||||||
| 5 | For the purposes of this Section, the Governor may make a | ||||||
| 6 | nomination and the Senate may confirm the nominee in advance | ||||||
| 7 | of the commencement of the nominee's term of office. The | ||||||
| 8 | Governor shall make nominations for appointment to the board | ||||||
| 9 | under this Section within 60 days after the effective date of | ||||||
| 10 | this amendatory Act of the 96th General Assembly. A trustee | ||||||
| 11 | sitting on the board on the effective date of this amendatory | ||||||
| 12 | Act of the 96th General Assembly may not hold over in office | ||||||
| 13 | for more than 90 days after the effective date of this | ||||||
| 14 | amendatory Act of the 96th General Assembly. Nothing in this | ||||||
| 15 | Section shall prevent the Governor from making a temporary | ||||||
| 16 | appointment or nominating a trustee holding office on the day | ||||||
| 17 | before the effective date of this amendatory Act of the 96th | ||||||
| 18 | General Assembly. | ||||||
| 19 | Each trustee is entitled to one vote on the board, and 4 | ||||||
| 20 | trustees shall constitute a quorum for the transaction of | ||||||
| 21 | business. The affirmative votes of a majority of the trustees | ||||||
| 22 | present, but at least 3 trustees, shall be necessary for | ||||||
| 23 | action by the board at any meeting. On the 90th day after the | ||||||
| 24 | effective date of this amendatory Act of the 96th General | ||||||
| 25 | Assembly, 7 trustees shall constitute a quorum for the | ||||||
| 26 | transaction of business and the affirmative vote of a majority | ||||||
| |||||||
| |||||||
| 1 | of the trustees present, but at least 7 trustees, shall be | ||||||
| 2 | necessary for action by the board at any meeting. The board's | ||||||
| 3 | action of July 22, 1986, by which it amended the bylaws of the | ||||||
| 4 | system to increase the number of affirmative votes required | ||||||
| 5 | for board action from 3 to 4 (in response to Public Act | ||||||
| 6 | 84-1028, which increased the number of trustees from 5 to 7), | ||||||
| 7 | and the board's rejection, between that date and the effective | ||||||
| 8 | date of this amendatory Act of 1993, of proposed actions not | ||||||
| 9 | receiving at least 4 affirmative votes, are hereby validated. | ||||||
| 10 | The trustees shall serve without compensation, but shall | ||||||
| 11 | be reimbursed from the funds of the system for all necessary | ||||||
| 12 | expenses incurred through service on the board. | ||||||
| 13 | Each trustee shall take an oath of office that he or she | ||||||
| 14 | will diligently and honestly administer the affairs of the | ||||||
| 15 | system, and will not knowingly violate or willfully permit the | ||||||
| 16 | violation of any of the provisions of law applicable to the | ||||||
| 17 | system. The oath shall be subscribed to by the trustee making | ||||||
| 18 | it, certified by the officer before whom it is taken, and filed | ||||||
| 19 | with the Secretary of State. A trustee shall qualify for | ||||||
| 20 | membership on the board when the oath has been approved by the | ||||||
| 21 | board. | ||||||
| 22 | (Source: P.A. 96-6, eff. 4-3-09.)
| ||||||
| 23 | (40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159) | ||||||
| 24 | Sec. 15-159. Board created. | ||||||
| 25 | (a) A board of trustees constituted as provided in this | ||||||
| |||||||
| |||||||
| 1 | Section shall administer this System. The board shall be known | ||||||
| 2 | as the Board of Trustees of the State Universities Retirement | ||||||
| 3 | System. | ||||||
| 4 | (b) (Blank). | ||||||
| 5 | (c) (Blank). | ||||||
| 6 | (d) Beginning on the 90th day after April 3, 2009 (the | ||||||
| 7 | effective date of Public Act 96-6), the Board of Trustees | ||||||
| 8 | shall be constituted as follows: | ||||||
| 9 | (1) The Chairperson of the Board of Higher Education. | ||||||
| 10 | (2) Four trustees appointed by the Governor with the | ||||||
| 11 | advice and consent of the Senate who may not be members of | ||||||
| 12 | the system or hold an elective State office and who shall | ||||||
| 13 | serve for a term of 6 years, except that the terms of the | ||||||
| 14 | initial appointees under this subsection (d) shall be as | ||||||
| 15 | follows: 2 for a term of 3 years and 2 for a term of 6 | ||||||
| 16 | years. The term of an appointed trustee shall terminate | ||||||
| 17 | immediately upon becoming a member of the system or being | ||||||
| 18 | sworn into an elective State office, and the position | ||||||
| 19 | shall be considered to be vacant and shall be filled | ||||||
| 20 | pursuant to subsection (f) of this Section. | ||||||
| 21 | (3) Four participating employees of the system to be | ||||||
| 22 | elected from the contributing membership of the system by | ||||||
| 23 | the contributing members, no more than 2 of which may be | ||||||
| 24 | from any of the University of Illinois campuses, who shall | ||||||
| 25 | serve for a term of 6 years, except that the terms of the | ||||||
| 26 | initial electees shall be as follows: 2 for a term of 3 | ||||||
| |||||||
| |||||||
| 1 | years and 2 for a term of 6 years. | ||||||
| 2 | (4) Two annuitants of the system who have been | ||||||
| 3 | annuitants for at least one full year, to be elected from | ||||||
| 4 | and by the annuitants of the system, no more than one of | ||||||
| 5 | which may be from any of the University of Illinois | ||||||
| 6 | campuses, who shall serve for a term of 6 years, except | ||||||
| 7 | that the terms of the initial electees shall be as | ||||||
| 8 | follows: one for a term of 3 years and one for a term of 6 | ||||||
| 9 | years. | ||||||
| 10 | The chairperson of the Board shall be appointed by the | ||||||
| 11 | Governor from among the trustees. | ||||||
| 12 | For the purposes of this Section, the Governor may make a | ||||||
| 13 | nomination and the Senate may confirm the nominee in advance | ||||||
| 14 | of the commencement of the nominee's term of office. | ||||||
| 15 | (e) The 6 elected trustees shall be elected within 90 days | ||||||
| 16 | after April 3, 2009 (the effective date of Public Act 96-6) for | ||||||
| 17 | a term beginning on the 90th day after that effective date. | ||||||
| 18 | Trustees shall be elected thereafter as terms expire for a | ||||||
| 19 | 6-year term beginning July 15 next following their election, | ||||||
| 20 | and such election shall be held on May 1, or on May 2 when May | ||||||
| 21 | 1 falls on a Sunday. The board may establish rules for the | ||||||
| 22 | election of trustees to implement the provisions of Public Act | ||||||
| 23 | 96-6 and for future elections. Candidates for the | ||||||
| 24 | participating trustee shall be nominated by petitions in | ||||||
| 25 | writing, signed by not less than 400 participants with their | ||||||
| 26 | addresses shown opposite their names. Candidates for the | ||||||
| |||||||
| |||||||
| 1 | annuitant trustee shall be nominated by petitions in writing, | ||||||
| 2 | signed by not less than 100 annuitants with their addresses | ||||||
| 3 | shown opposite their names. If there is more than one | ||||||
| 4 | qualified nominee for each elected trustee, then the board | ||||||
| 5 | shall conduct a secret ballot election by mail for that | ||||||
| 6 | trustee, in accordance with rules as established by the board. | ||||||
| 7 | If there is only one qualified person nominated by petition | ||||||
| 8 | for each elected trustee, then the election as required by | ||||||
| 9 | this Section shall not be conducted for that trustee and the | ||||||
| 10 | board shall declare such nominee duly elected. A vacancy | ||||||
| 11 | occurring in the elective membership of the board shall be | ||||||
| 12 | filled for the unexpired term by the elected trustees serving | ||||||
| 13 | on the board for the remainder of the term. Nothing in this | ||||||
| 14 | subsection shall preclude the adoption of rules providing for | ||||||
| 15 | internet or phone balloting in addition, or as an alternative, | ||||||
| 16 | to election by mail. | ||||||
| 17 | (f) A vacancy in the appointed membership on the board of | ||||||
| 18 | trustees caused by resignation, death, expiration of term of | ||||||
| 19 | office, or other reason shall be filled by a qualified person | ||||||
| 20 | appointed by the Governor for the remainder of the unexpired | ||||||
| 21 | term. | ||||||
| 22 | (g) Trustees shall continue in office until their | ||||||
| 23 | respective successors are appointed and have qualified, except | ||||||
| 24 | that a trustee elected to one of the participating employee | ||||||
| 25 | positions after the effective date of this amendatory Act of | ||||||
| 26 | the 102nd General Assembly shall be disqualified immediately | ||||||
| |||||||
| |||||||
| 1 | upon the termination of his or her status as a participating | ||||||
| 2 | employee and a trustee elected to one of the annuitant | ||||||
| 3 | positions after the effective date of this amendatory Act of | ||||||
| 4 | the 102nd General Assembly shall be disqualified immediately | ||||||
| 5 | upon the termination of his or her status as an annuitant | ||||||
| 6 | receiving a retirement annuity. | ||||||
| 7 | An elected trustee who is incumbent on the effective date | ||||||
| 8 | of this amendatory Act of the 102nd General Assembly whose | ||||||
| 9 | status as a participating employee or annuitant has terminated | ||||||
| 10 | after having been elected shall continue to serve in the | ||||||
| 11 | participating employee or annuitant position to which he or | ||||||
| 12 | she was elected for the remainder of the term. | ||||||
| 13 | (h) Each trustee must take an oath of office before a | ||||||
| 14 | notary public of this State and shall qualify as a trustee upon | ||||||
| 15 | the presentation to the board of a certified copy of the oath. | ||||||
| 16 | The oath must state that the person will diligently and | ||||||
| 17 | honestly administer the affairs of the retirement system, and | ||||||
| 18 | will not knowingly violate or willfully permit to be violated | ||||||
| 19 | any provisions of this Article. | ||||||
| 20 | Each trustee shall serve without compensation but shall be | ||||||
| 21 | reimbursed for expenses necessarily incurred in attending | ||||||
| 22 | board meetings and carrying out his or her duties as a trustee | ||||||
| 23 | or officer of the system. | ||||||
| 24 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
| ||||||
| 25 | (40 ILCS 5/16-164) (from Ch. 108 1/2, par. 16-164) | ||||||
| |||||||
| |||||||
| 1 | Sec. 16-164. Board; appointed members; vacancies. Terms of | ||||||
| 2 | office for the appointed members shall begin on July 15 of an | ||||||
| 3 | even-numbered year, except that the terms of office for | ||||||
| 4 | members appointed pursuant to this amendatory Act of the 96th | ||||||
| 5 | General Assembly shall begin upon being confirmed by the | ||||||
| 6 | Senate. The Governor shall appoint 3 members as trustees with | ||||||
| 7 | the advice and consent of the Senate in each even-numbered | ||||||
| 8 | year who shall hold office for a term of 4 years, except that, | ||||||
| 9 | of the members appointed pursuant to this amendatory Act of | ||||||
| 10 | the 96th General Assembly, 3 members shall be appointed for a | ||||||
| 11 | term ending July 14, 2012 and 3 members shall be appointed for | ||||||
| 12 | a term ending July 14, 2014. The Governor shall appoint the | ||||||
| 13 | additional member authorized under this amendatory Act of the | ||||||
| 14 | 101st General Assembly with the advice and consent of the | ||||||
| 15 | Senate for a term beginning on July 15, 2020 and ending July | ||||||
| 16 | 14, 2022, and successors shall hold office for a term of 4 | ||||||
| 17 | years. Each such appointee shall reside in and be a taxpayer in | ||||||
| 18 | the territory covered by this system, shall be interested in | ||||||
| 19 | public school welfare, and experienced and competent in | ||||||
| 20 | financial and business management. A vacancy in the term of an | ||||||
| 21 | appointed trustee shall be filled for the unexpired term by | ||||||
| 22 | appointment of the Governor. | ||||||
| 23 | Notwithstanding any provision of this Section to the | ||||||
| 24 | contrary, the term of office of each member of the Board | ||||||
| 25 | appointed by the Governor who is sitting on the Board on the | ||||||
| 26 | effective date of this amendatory Act of the 96th General | ||||||
| |||||||
| |||||||
| 1 | Assembly is terminated on that effective date. A trustee | ||||||
| 2 | sitting on the Board on the effective date of this amendatory | ||||||
| 3 | Act of the 96th General Assembly may not hold over in office | ||||||
| 4 | for more than 60 days after the effective date of this | ||||||
| 5 | amendatory Act of the 96th General Assembly. Nothing in this | ||||||
| 6 | Section shall prevent the Governor from making a temporary | ||||||
| 7 | appointment or nominating a trustee holding office on the day | ||||||
| 8 | before the effective date of this amendatory Act of the 96th | ||||||
| 9 | General Assembly. | ||||||
| 10 | (Source: P.A. 101-610, eff. 1-1-20.)
| ||||||
| 11 | (40 ILCS 5/22A-109) (from Ch. 108 1/2, par. 22A-109) | ||||||
| 12 | Sec. 22A-109. Membership of board. The board shall consist | ||||||
| 13 | of the following members: | ||||||
| 14 | (1) Five trustees appointed by the Governor with the | ||||||
| 15 | advice and consent of the Senate who may not hold an | ||||||
| 16 | elective State office. | ||||||
| 17 | (2) The Treasurer. | ||||||
| 18 | (3) The Comptroller, who shall represent the State | ||||||
| 19 | Employees' Retirement System of Illinois. | ||||||
| 20 | (4) The Chairperson of the General Assembly Retirement | ||||||
| 21 | System. | ||||||
| 22 | (5) The Chairperson of the Judges Retirement System of | ||||||
| 23 | Illinois. | ||||||
| 24 | The appointive members shall serve for terms of 4 years except | ||||||
| 25 | that the terms of office of the original appointive members | ||||||
| |||||||
| |||||||
| 1 | pursuant to this amendatory Act of the 96th General Assembly | ||||||
| 2 | shall be as follows: One member for a term of 1 year; 1 member | ||||||
| 3 | for a term of 2 years; 1 member for a term of 3 years; and 2 | ||||||
| 4 | members for a term of 4 years. Vacancies among the appointive | ||||||
| 5 | members shall be filled for unexpired terms by appointment in | ||||||
| 6 | like manner as for original appointments, and appointive | ||||||
| 7 | members shall continue in office until their successors have | ||||||
| 8 | been appointed and have qualified. | ||||||
| 9 | Notwithstanding any provision of this Section to the | ||||||
| 10 | contrary, the term of office of each trustee of the Board | ||||||
| 11 | appointed by the Governor who is sitting on the Board on the | ||||||
| 12 | effective date of this amendatory Act of the 96th General | ||||||
| 13 | Assembly is terminated on that effective date. A trustee | ||||||
| 14 | sitting on the board on the effective date of this amendatory | ||||||
| 15 | Act of the 96th General Assembly may not hold over in office | ||||||
| 16 | for more than 60 days after the effective date of this | ||||||
| 17 | amendatory Act of the 96th General Assembly. Nothing in this | ||||||
| 18 | Section shall prevent the Governor from making a temporary | ||||||
| 19 | appointment or nominating a trustee holding office on the day | ||||||
| 20 | before the effective date of this amendatory Act of the 96th | ||||||
| 21 | General Assembly. | ||||||
| 22 | Each person appointed to membership shall qualify by | ||||||
| 23 | taking an oath of office before the Secretary of State stating | ||||||
| 24 | that he will diligently and honestly administer the affairs of | ||||||
| 25 | the board and will not violate or knowingly permit the | ||||||
| 26 | violation of any provisions of this Article. | ||||||
| |||||||
| |||||||
| 1 | Members of the board shall receive no salary for service | ||||||
| 2 | on the board but shall be reimbursed for travel expenses | ||||||
| 3 | incurred while on business for the board according to the | ||||||
| 4 | standards in effect for members of the Commission on | ||||||
| 5 | Government Forecasting and Accountability. | ||||||
| 6 | A majority of the members of the board shall constitute a | ||||||
| 7 | quorum. The board shall elect from its membership, biennially, | ||||||
| 8 | a Chairman, Vice Chairman and a Recording Secretary. These | ||||||
| 9 | officers, together with one other member elected by the board, | ||||||
| 10 | shall constitute the executive committee. During the interim | ||||||
| 11 | between regular meetings of the board, the executive committee | ||||||
| 12 | shall have authority to conduct all business of the board and | ||||||
| 13 | shall report such business conducted at the next following | ||||||
| 14 | meeting of the board for ratification. | ||||||
| 15 | No member of the board shall have any interest in any | ||||||
| 16 | brokerage fee, commission or other profit or gain arising out | ||||||
| 17 | of any investment made by the board. This paragraph does not | ||||||
| 18 | preclude ownership by any member of any minority interest in | ||||||
| 19 | any common stock or any corporate obligation in which | ||||||
| 20 | investment is made by the board. | ||||||
| 21 | The board shall contract for a blanket fidelity bond in | ||||||
| 22 | the penal sum of not less than $1,000,000.00 to cover members | ||||||
| 23 | of the board, the director and all other employees of the board | ||||||
| 24 | conditioned for the faithful performance of the duties of | ||||||
| 25 | their respective offices, the premium on which shall be paid | ||||||
| 26 | by the board. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-708, eff. 7-29-16; 100-1148, eff. 12-10-18.)
| ||||||
| 2 | (40 ILCS 5/22B-115) | ||||||
| 3 | Sec. 22B-115. Board of Trustees of the Fund. | ||||||
| 4 | (a) No later than one month after the effective date of | ||||||
| 5 | this amendatory Act of the 101st General Assembly or as soon | ||||||
| 6 | thereafter as may be practicable, the Governor shall appoint, | ||||||
| 7 | by and with the advice and consent of the Senate, a transition | ||||||
| 8 | board of trustees consisting of 9 members as follows: | ||||||
| 9 | (1) three members representing municipalities who are | ||||||
| 10 | mayors, presidents, chief executive officers, chief | ||||||
| 11 | financial officers, or other officers, executives, or | ||||||
| 12 | department heads of municipalities and appointed from | ||||||
| 13 | among candidates recommended by the Illinois Municipal | ||||||
| 14 | League; | ||||||
| 15 | (2) three members representing participants and who | ||||||
| 16 | are participants, 2 of whom shall be appointed from among | ||||||
| 17 | candidates recommended by a statewide fraternal | ||||||
| 18 | organization representing more than 20,000 active and | ||||||
| 19 | retired police officers in the State of Illinois, and one | ||||||
| 20 | of whom shall be appointed from among candidates | ||||||
| 21 | recommended by a benevolent association representing sworn | ||||||
| 22 | police officers in the State of Illinois; | ||||||
| 23 | (3) two members representing beneficiaries and who are | ||||||
| 24 | beneficiaries, one of whom shall be appointed from among | ||||||
| 25 | candidates recommended by a statewide fraternal | ||||||
| |||||||
| |||||||
| 1 | organization representing more than 20,000 active and | ||||||
| 2 | retired police officers in the State of Illinois, and one | ||||||
| 3 | of whom shall be appointed from among candidates | ||||||
| 4 | recommended by a benevolent association representing sworn | ||||||
| 5 | police officers in the State of Illinois; and | ||||||
| 6 | (4) one member who is a representative of the Illinois | ||||||
| 7 | Municipal League. | ||||||
| 8 | The transition board members shall serve until the initial | ||||||
| 9 | permanent board members are elected and qualified. | ||||||
| 10 | The transition board of trustees shall select the | ||||||
| 11 | chairperson of the transition board of trustees from among the | ||||||
| 12 | trustees for the duration of the transition board's tenure. | ||||||
| 13 | (b) The permanent board of trustees shall consist of 9 | ||||||
| 14 | members as follows: | ||||||
| 15 | (1) Three members who are mayors, presidents, chief | ||||||
| 16 | executive officers, chief financial officers, or other | ||||||
| 17 | officers, executives, or department heads of | ||||||
| 18 | municipalities that have participating pension funds and | ||||||
| 19 | are elected by the mayors and presidents of municipalities | ||||||
| 20 | that have participating pension funds. | ||||||
| 21 | (2) Three members who are participants of | ||||||
| 22 | participating pension funds and are elected by the | ||||||
| 23 | participants of participating pension funds. | ||||||
| 24 | (3) Two members who are beneficiaries of participating | ||||||
| 25 | pension funds and are elected by the beneficiaries of | ||||||
| 26 | participating pension funds. | ||||||
| |||||||
| |||||||
| 1 | (4) One member recommended by the Illinois Municipal | ||||||
| 2 | League who shall be appointed by the Governor with the | ||||||
| 3 | advice and consent of the Senate. | ||||||
| 4 | The permanent board of trustees shall select the | ||||||
| 5 | chairperson of the permanent board of trustees from among the | ||||||
| 6 | trustees for a term of 2 years. The holder of the office of | ||||||
| 7 | chairperson shall alternate between a person elected or | ||||||
| 8 | appointed under item (1) or (4) of this subsection (b) and a | ||||||
| 9 | person elected under item (2) or (3) of this subsection (b). | ||||||
| 10 | (c) Each trustee shall qualify by taking an oath of office | ||||||
| 11 | before the Secretary of State or the legal counsel of the fund | ||||||
| 12 | stating that he or she will diligently and honestly administer | ||||||
| 13 | the affairs of the board and will not violate or knowingly | ||||||
| 14 | permit the violation of any provision of this Article. | ||||||
| 15 | (d) Trustees shall receive no salary for service on the | ||||||
| 16 | board but shall be reimbursed for travel expenses incurred | ||||||
| 17 | while on business for the board according to Article 1 of this | ||||||
| 18 | Code and rules adopted by the board. | ||||||
| 19 | A municipality employing a police officer who is an | ||||||
| 20 | elected or appointed trustee of the board must allow | ||||||
| 21 | reasonable time off with compensation for the police officer | ||||||
| 22 | to conduct official business related to his or her position on | ||||||
| 23 | the board, including time for travel. The board shall notify | ||||||
| 24 | the municipality in advance of the dates, times, and locations | ||||||
| 25 | of this official business. The Fund shall timely reimburse the | ||||||
| 26 | municipality for the reasonable costs incurred that are due to | ||||||
| |||||||
| |||||||
| 1 | the police officer's absence. | ||||||
| 2 | (e) No trustee shall have any interest in any brokerage | ||||||
| 3 | fee, commission, or other profit or gain arising out of any | ||||||
| 4 | investment directed by the board. This subsection does not | ||||||
| 5 | preclude ownership by any member of any minority interest in | ||||||
| 6 | any common stock or any corporate obligation in which an | ||||||
| 7 | investment is directed by the board. | ||||||
| 8 | (f) Notwithstanding any provision or interpretation of law | ||||||
| 9 | to the contrary, any member of the transition board may also be | ||||||
| 10 | elected or appointed as a member of the permanent board. | ||||||
| 11 | Notwithstanding any provision or interpretation of law to | ||||||
| 12 | the contrary, any trustee of a fund established under Article | ||||||
| 13 | 3 of this Code may also be appointed as a member of the | ||||||
| 14 | transition board or elected or appointed as a member of the | ||||||
| 15 | permanent board. | ||||||
| 16 | The restriction in Section 3.1 of the Lobbyist | ||||||
| 17 | Registration Act shall not apply to a member of the transition | ||||||
| 18 | board appointed pursuant to item (4) of subsection (a) or to a | ||||||
| 19 | member of the permanent board appointed pursuant to item (4) | ||||||
| 20 | of subsection (b). | ||||||
| 21 | (Source: P.A. 103-506, eff. 8-4-23.)
| ||||||
| 22 | Section 75. The Mid-Illinois Medical District Act is | ||||||
| 23 | amended by changing Section 10 as follows:
| ||||||
| 24 | (70 ILCS 925/10) | ||||||
| |||||||
| |||||||
| 1 | Sec. 10. Mid-Illinois Medical District Commission. | ||||||
| 2 | (a) There is created a body politic and corporate under | ||||||
| 3 | the corporate name of the Mid-Illinois Medical District | ||||||
| 4 | Commission whose general purpose, in addition to and not in | ||||||
| 5 | limitation of those purposes and powers set forth in this Act, | ||||||
| 6 | is to: | ||||||
| 7 | (1) maintain the proper surroundings for a medical | ||||||
| 8 | center and a related technology center in order to | ||||||
| 9 | attract, stabilize, and retain within the District | ||||||
| 10 | hospitals, clinics, research facilities, educational | ||||||
| 11 | facilities, or other facilities permitted under this Act; | ||||||
| 12 | (2) provide for the orderly creation, maintenance, | ||||||
| 13 | development, and expansion of (i) health care facilities | ||||||
| 14 | and other ancillary or related facilities that the | ||||||
| 15 | Commission may from time to time determine are established | ||||||
| 16 | and operated (A) for any aspect of the carrying out of the | ||||||
| 17 | Commission's purposes as set forth in this Act, (B) for | ||||||
| 18 | the study, diagnosis, and treatment of human ailments and | ||||||
| 19 | injuries, whether physical or mental, or (C) to promote | ||||||
| 20 | medical, surgical, and scientific research and knowledge | ||||||
| 21 | as permitted under this Act; and (ii) medical research and | ||||||
| 22 | high technology parks, together with the necessary lands, | ||||||
| 23 | buildings, facilities, equipment, and personal property | ||||||
| 24 | for those parks; and | ||||||
| 25 | (3) convene dialogue among leaders in the public and | ||||||
| 26 | the private sectors on topics and issues associated with | ||||||
| |||||||
| |||||||
| 1 | training in the delivery of health care services in the | ||||||
| 2 | District's program area. | ||||||
| 3 | (b) The Commission has perpetual succession and the power | ||||||
| 4 | to contract and be contracted with, to sue and be sued except | ||||||
| 5 | in actions sounding in tort, to plead and be impleaded, to have | ||||||
| 6 | and use a common seal, and to alter the same at pleasure. All | ||||||
| 7 | actions sounding in tort against the Commission shall be | ||||||
| 8 | prosecuted in the Court of Claims. The principal office of the | ||||||
| 9 | Commission shall be in the City of Springfield. | ||||||
| 10 | (c) The Commission shall consist of the following members: | ||||||
| 11 | 4 members appointed by the Governor, with the advice and | ||||||
| 12 | consent of the Senate; 4 members appointed by the Mayor of | ||||||
| 13 | Springfield, with the advice and consent of the Springfield | ||||||
| 14 | city council; and one member appointed by the Chairperson of | ||||||
| 15 | the County Board of Sangamon County. The initial members of | ||||||
| 16 | the Commission appointed by the Governor shall be appointed | ||||||
| 17 | for terms ending, respectively on the second, third, fourth, | ||||||
| 18 | and fifth anniversaries of their appointments. The initial | ||||||
| 19 | members appointed by the Mayor of Springfield shall be | ||||||
| 20 | appointed 2 each for terms ending, respectively, on the second | ||||||
| 21 | and third anniversaries of their appointments. The initial | ||||||
| 22 | member appointed by the Chairperson of the County Board of | ||||||
| 23 | Sangamon County shall be appointed for a term ending on the | ||||||
| 24 | fourth anniversary of the appointment. Thereafter, all the | ||||||
| 25 | members shall be appointed to hold office for a term of 5 years | ||||||
| 26 | and until their successors are appointed as provided in this | ||||||
| |||||||
| |||||||
| 1 | Act. | ||||||
| 2 | Within 60 days after the effective date of this amendatory | ||||||
| 3 | Act of the 95th General Assembly, the Governor shall appoint 2 | ||||||
| 4 | additional members to the Commission. One member shall serve | ||||||
| 5 | for a term of 4 years and one member shall serve for a term of | ||||||
| 6 | 5 years. Their successors shall be appointed for 5-year terms. | ||||||
| 7 | Those additional members and their successors shall be limited | ||||||
| 8 | to residents of the following counties in Illinois: Cass, | ||||||
| 9 | Christian, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, | ||||||
| 10 | or Scott. | ||||||
| 11 | (d) Any vacancy in the membership of the Commission | ||||||
| 12 | occurring by reason of the death, resignation, | ||||||
| 13 | disqualification, removal, or inability or refusal to act of | ||||||
| 14 | any of the members of the Commission shall be filled by the | ||||||
| 15 | authority that had appointed the particular member, and for | ||||||
| 16 | the unexpired term of office of that particular member. A | ||||||
| 17 | vacancy caused by the expiration of the period for which the | ||||||
| 18 | member was appointed shall be filled by a new appointment for a | ||||||
| 19 | term of 5 years from the date of the expiration of the prior | ||||||
| 20 | 5-year term notwithstanding when the appointment is actually | ||||||
| 21 | made. The Commission shall obtain, under the provisions of the | ||||||
| 22 | Personnel Code, such personnel as to the Commission shall deem | ||||||
| 23 | advisable to carry out the purposes of this Act and the work of | ||||||
| 24 | the Commission. | ||||||
| 25 | (e) The Commission shall hold regular meetings annually | ||||||
| 26 | for the election of a President, Vice-President, Secretary, | ||||||
| |||||||
| |||||||
| 1 | and Treasurer, for the adoption of a budget, and for such other | ||||||
| 2 | business as may properly come before it. The Commission shall | ||||||
| 3 | elect as the President a member of the Commission appointed by | ||||||
| 4 | the Mayor of Springfield and as the Vice-President a member of | ||||||
| 5 | the Commission appointed by the Governor. The Commission shall | ||||||
| 6 | establish the duties and responsibilities of its officers by | ||||||
| 7 | rule. The President or any 4 members of the Commission may call | ||||||
| 8 | special meetings of the Commission. Each Commissioner shall | ||||||
| 9 | take an oath of office for the faithful performance of his or | ||||||
| 10 | her duties. The Commission may not transact business at a | ||||||
| 11 | meeting of the Commission unless there is present at the | ||||||
| 12 | meeting a quorum consisting of at least 6 Commissioners. | ||||||
| 13 | Meetings may be held by telephone conference or other | ||||||
| 14 | communications equipment by means of which all persons | ||||||
| 15 | participating in the meeting can communicate with each other. | ||||||
| 16 | (f) The Commission shall submit to the General Assembly, | ||||||
| 17 | not later than March 1 of each odd-numbered year, a detailed | ||||||
| 18 | report covering its operations for the 2 preceding calendar | ||||||
| 19 | years and a statement of its program for the next 2 years. | ||||||
| 20 | The requirement for reporting to the General Assembly | ||||||
| 21 | shall be satisfied by filing copies of the report as required | ||||||
| 22 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
| 23 | by filing such additional copies with the State Government | ||||||
| 24 | Report Distribution Center for the General Assembly as is | ||||||
| 25 | required under paragraph (t) of Section 7 of the State Library | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (g) The Auditor General shall conduct audits of the | ||||||
| 2 | Commission in the same manner as the Auditor General conducts | ||||||
| 3 | audits of State agencies under the Illinois State Auditing | ||||||
| 4 | Act. | ||||||
| 5 | (h) Neither the Commission nor the District have any power | ||||||
| 6 | to tax. | ||||||
| 7 | (i) The Commission is a public body and subject to the Open | ||||||
| 8 | Meetings Act and the Freedom of Information Act. | ||||||
| 9 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
| 10 | Section 80. The Higher Education Student Assistance Act is | ||||||
| 11 | amended by changing Section 15 as follows:
| ||||||
| 12 | (110 ILCS 947/15) | ||||||
| 13 | Sec. 15. Illinois Student Assistance Commission. | ||||||
| 14 | (a) There is established the Illinois Student Assistance | ||||||
| 15 | Commission, consisting of 10 persons to be appointed by the | ||||||
| 16 | Governor with the advice and consent of the Senate. The | ||||||
| 17 | membership of the Commission shall consist of one | ||||||
| 18 | representative of the institutions of higher learning operated | ||||||
| 19 | by the State; one representative of the private institutions | ||||||
| 20 | of higher learning located in the State; one representative of | ||||||
| 21 | the public community colleges located in the State; one | ||||||
| 22 | representative of the public high schools located in the | ||||||
| 23 | State; 5 citizens of the State chosen for their knowledge of | ||||||
| 24 | and interest in higher education, but not employed by, | ||||||
| |||||||
| |||||||
| 1 | professionally affiliated with, or members of the governing | ||||||
| 2 | boards of any institution of higher learning located in the | ||||||
| 3 | State, and one student member selected from nominations | ||||||
| 4 | submitted to the Governor by multi-campus student | ||||||
| 5 | organizations, including but not limited to, the recognized | ||||||
| 6 | advisory committee of students of the Illinois Community | ||||||
| 7 | College Board, the recognized advisory committee of students | ||||||
| 8 | of the Board of Higher Education, and the recognized advisory | ||||||
| 9 | committee of students of the Federation of Independent | ||||||
| 10 | Illinois Colleges and Universities. The Governor shall | ||||||
| 11 | designate one member, other than the student member, as | ||||||
| 12 | chairman. Each member of the Commission, including the student | ||||||
| 13 | member, shall serve without compensation, but shall be | ||||||
| 14 | reimbursed for expenses necessarily incurred in performing the | ||||||
| 15 | member's duties under this Act. Subject to a requirement that | ||||||
| 16 | Commission members in office on the effective date of this | ||||||
| 17 | amendatory Act of 1995 may serve the full term to which they | ||||||
| 18 | were appointed, the appointment of Commission members to terms | ||||||
| 19 | that commence on or after that effective date shall be made in | ||||||
| 20 | a manner that gives effect at the earliest possible time to the | ||||||
| 21 | change that is required by this amendatory Act in the | ||||||
| 22 | representative composition of the Commission's membership. | ||||||
| 23 | (b) The term of office of each member, other than the | ||||||
| 24 | student member, is 6 years from July 1 of the year of | ||||||
| 25 | appointment, and until the member's successor is appointed and | ||||||
| 26 | qualified. If a member's tenure of office, other than that of | ||||||
| |||||||
| |||||||
| 1 | the student member, is terminated for any reason before the | ||||||
| 2 | member's term has expired, the Governor shall fill the vacancy | ||||||
| 3 | by the appointment of a person who has the same representative | ||||||
| 4 | status as the person whose term has been so terminated, and the | ||||||
| 5 | new appointee shall hold office only for the remainder of that | ||||||
| 6 | term and until a successor is appointed and qualified. The | ||||||
| 7 | term of the student member shall be for 2 years from July 1 of | ||||||
| 8 | each odd-numbered year and until a successor is appointed and | ||||||
| 9 | qualified. If the tenure of the student member is terminated | ||||||
| 10 | for any reason, the vacancy shall be filled in the same manner | ||||||
| 11 | as heretofore provided for a regular term of office | ||||||
| 12 | appointment of the student member. The new student appointee | ||||||
| 13 | shall hold office for the remainder of that term and until a | ||||||
| 14 | successor is appointed and qualified. A student appointee's | ||||||
| 15 | status on the Commission may not be considered in determining | ||||||
| 16 | the student appointee's eligibility for programs administered | ||||||
| 17 | by the Commission. | ||||||
| 18 | (c) In accordance with the provisions of the State | ||||||
| 19 | Universities Civil Service Act, the Commission shall employ a | ||||||
| 20 | professionally qualified person as the Executive Director of | ||||||
| 21 | the Commission, and such other employees as may be necessary | ||||||
| 22 | to effectuate the purposes of this Act. | ||||||
| 23 | (d) The Commission shall meet at least once in each fiscal | ||||||
| 24 | year, and may meet at other times which the Chairman may | ||||||
| 25 | designate by giving at least 10 days' written notice to each | ||||||
| 26 | member. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 102-23, eff. 6-25-21.)
| ||||||
| 2 | Section 85. The Medical Practice Act of 1987 is amended by | ||||||
| 3 | changing Section 7.1 as follows:
| ||||||
| 4 | (225 ILCS 60/7.1) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 6 | Sec. 7.1. Medical Board. | ||||||
| 7 | (A) There is hereby created the Illinois State Medical | ||||||
| 8 | Board. The Medical Board shall consist of 17 members, to be | ||||||
| 9 | appointed by the Governor by and with the advice and consent of | ||||||
| 10 | the Senate. All members shall be residents of the State, not | ||||||
| 11 | more than 8 of whom shall be members of the same political | ||||||
| 12 | party. All members shall be voting members. Eight members | ||||||
| 13 | shall be physicians licensed to practice medicine in all of | ||||||
| 14 | its branches in Illinois possessing the degree of doctor of | ||||||
| 15 | medicine. Two members shall be physicians licensed to practice | ||||||
| 16 | medicine in all its branches in Illinois possessing the degree | ||||||
| 17 | of doctor of osteopathy or osteopathic medicine. Two of the | ||||||
| 18 | physician members shall be physicians who collaborate with | ||||||
| 19 | physician assistants. Two members shall be chiropractic | ||||||
| 20 | physicians licensed to practice in Illinois and possessing the | ||||||
| 21 | degree of doctor of chiropractic. Two members shall be | ||||||
| 22 | physician assistants licensed to practice in Illinois. Three | ||||||
| 23 | members shall be members of the public, who shall not be | ||||||
| 24 | engaged in any way, directly or indirectly, as providers of | ||||||
| |||||||
| |||||||
| 1 | health care. | ||||||
| 2 | (B) Members of the Medical Board shall be appointed for | ||||||
| 3 | terms of 4 years. Upon the expiration of the term of any | ||||||
| 4 | member, their successor shall be appointed for a term of 4 | ||||||
| 5 | years by the Governor by and with the advice and consent of the | ||||||
| 6 | Senate. The Governor shall fill any vacancy for the remainder | ||||||
| 7 | of the unexpired term with the advice and consent of the | ||||||
| 8 | Senate. Upon recommendation of the Medical Board, any member | ||||||
| 9 | of the Medical Board may be removed by the Governor for | ||||||
| 10 | misfeasance, malfeasance, or willful neglect of duty, after | ||||||
| 11 | notice, and a public hearing, unless such notice and hearing | ||||||
| 12 | shall be expressly waived in writing. Each member shall serve | ||||||
| 13 | on the Medical Board until their successor is appointed and | ||||||
| 14 | qualified. No member of the Medical Board shall serve more | ||||||
| 15 | than 2 consecutive 4-year terms. | ||||||
| 16 | In making appointments the Governor shall attempt to | ||||||
| 17 | ensure that the various social and geographic regions of the | ||||||
| 18 | State of Illinois are properly represented. | ||||||
| 19 | In making the designation of persons to act for the | ||||||
| 20 | several professions represented on the Medical Board, the | ||||||
| 21 | Governor shall give due consideration to recommendations by | ||||||
| 22 | members of the respective professions and by organizations | ||||||
| 23 | therein. | ||||||
| 24 | (C) The Medical Board shall annually elect one of its | ||||||
| 25 | voting members as chairperson and one as vice chairperson. No | ||||||
| 26 | officer shall be elected more than twice in succession to the | ||||||
| |||||||
| |||||||
| 1 | same office. Each officer shall serve until their successor | ||||||
| 2 | has been elected and qualified. | ||||||
| 3 | (D) A majority of the Medical Board members currently | ||||||
| 4 | appointed shall constitute a quorum. A vacancy in the | ||||||
| 5 | membership of the Medical Board shall not impair the right of a | ||||||
| 6 | quorum to exercise all the rights and perform all the duties of | ||||||
| 7 | the Medical Board. Any action taken by the Medical Board under | ||||||
| 8 | this Act may be authorized by resolution at any regular or | ||||||
| 9 | special meeting and each such resolution shall take effect | ||||||
| 10 | immediately. The Medical Board shall meet at least quarterly. | ||||||
| 11 | (E) Each member shall be paid their necessary expenses | ||||||
| 12 | while engaged in the performance of their duties. | ||||||
| 13 | (F) The Secretary shall select a Chief Medical Coordinator | ||||||
| 14 | and not less than 2 Deputy Medical Coordinators who shall not | ||||||
| 15 | be members of the Medical Board. Each medical coordinator | ||||||
| 16 | shall be a physician licensed to practice medicine in all of | ||||||
| 17 | its branches, and the Secretary shall set their rates of | ||||||
| 18 | compensation. The Secretary shall assign at least one medical | ||||||
| 19 | coordinator to a region composed of Cook County and such other | ||||||
| 20 | counties as the Secretary may deem appropriate, and such | ||||||
| 21 | medical coordinator or coordinators shall locate their office | ||||||
| 22 | in Chicago. The Secretary shall assign at least one medical | ||||||
| 23 | coordinator to a region composed of the balance of counties in | ||||||
| 24 | the State, and such medical coordinator or coordinators shall | ||||||
| 25 | locate their office in Springfield. The Chief Medical | ||||||
| 26 | Coordinator shall be the chief enforcement officer of this | ||||||
| |||||||
| |||||||
| 1 | Act. None of the functions, powers, or duties of the | ||||||
| 2 | Department with respect to policies regarding enforcement or | ||||||
| 3 | discipline under this Act, including the adoption of such | ||||||
| 4 | rules as may be necessary for the administration of this Act, | ||||||
| 5 | shall be exercised by the Department except upon review of the | ||||||
| 6 | Medical Board. | ||||||
| 7 | (G) The Secretary shall employ, in conformity with the | ||||||
| 8 | Personnel Code, investigators who are college graduates with | ||||||
| 9 | at least 2 years of investigative experience or one year of | ||||||
| 10 | advanced medical education. Upon the written request of the | ||||||
| 11 | Medical Board, the Secretary shall employ, in conformity with | ||||||
| 12 | the Personnel Code, such other professional, technical, | ||||||
| 13 | investigative, and clerical help, either on a full or | ||||||
| 14 | part-time basis as the Medical Board deems necessary for the | ||||||
| 15 | proper performance of its duties. | ||||||
| 16 | (H) Upon the specific request of the Medical Board, signed | ||||||
| 17 | by either the chairperson, vice chairperson, or a medical | ||||||
| 18 | coordinator of the Medical Board, the Department of Human | ||||||
| 19 | Services, the Department of Healthcare and Family Services, | ||||||
| 20 | the Department of State Police, or any other law enforcement | ||||||
| 21 | agency located in this State shall make available any and all | ||||||
| 22 | information that they have in their possession regarding a | ||||||
| 23 | particular case then under investigation by the Medical Board. | ||||||
| 24 | (I) Members of the Medical Board shall be immune from suit | ||||||
| 25 | in any action based upon any disciplinary proceedings or other | ||||||
| 26 | acts performed in good faith as members of the Medical Board. | ||||||
| |||||||
| |||||||
| 1 | (J) The Medical Board may compile and establish a | ||||||
| 2 | statewide roster of physicians and other medical | ||||||
| 3 | professionals, including the several medical specialties, of | ||||||
| 4 | such physicians and medical professionals, who have agreed to | ||||||
| 5 | serve from time to time as advisors to the medical | ||||||
| 6 | coordinators. Such advisors shall assist the medical | ||||||
| 7 | coordinators or the Medical Board in their investigations and | ||||||
| 8 | participation in complaints against physicians. Such advisors | ||||||
| 9 | shall serve under contract and shall be reimbursed at a | ||||||
| 10 | reasonable rate for the services provided, plus reasonable | ||||||
| 11 | expenses incurred. While serving in this capacity, the | ||||||
| 12 | advisor, for any act undertaken in good faith and in the | ||||||
| 13 | conduct of his or her duties under this Section, shall be | ||||||
| 14 | immune from civil suit. | ||||||
| 15 | (Source: P.A. 102-20, eff. 1-1-22.)
| ||||||
| 16 | Section 90. The Illinois Affordable Housing Act is amended | ||||||
| 17 | by changing Section 6 as follows:
| ||||||
| 18 | (310 ILCS 65/6) (from Ch. 67 1/2, par. 1256) | ||||||
| 19 | Sec. 6. Advisory Commission. | ||||||
| 20 | (a) There is hereby created the Illinois Affordable | ||||||
| 21 | Housing Advisory Commission. The Commission shall consist of | ||||||
| 22 | 15 members. Three of the Commissioners shall be the Directors | ||||||
| 23 | of the Illinois Housing Development Authority, the Illinois | ||||||
| 24 | Finance Authority and the Department of Commerce and Economic | ||||||
| |||||||
| |||||||
| 1 | Opportunity or their representatives. One of the Commissioners | ||||||
| 2 | shall be the Commissioner of the Chicago Department of Housing | ||||||
| 3 | or its representative. The remaining 11 members shall be | ||||||
| 4 | appointed by the Governor, with the advice and consent of the | ||||||
| 5 | Senate, and not more than 4 of these Commission members shall | ||||||
| 6 | reside in any one county in the State. At least one Commission | ||||||
| 7 | member shall be an administrator of a public housing authority | ||||||
| 8 | from other than a municipality having a population in excess | ||||||
| 9 | of 2,000,000; at least 2 Commission members shall be | ||||||
| 10 | representatives of special needs populations as described in | ||||||
| 11 | subsection (e) of Section 8; at least 4 Commission members | ||||||
| 12 | shall be representatives of community-based organizations | ||||||
| 13 | engaged in the development or operation of housing for | ||||||
| 14 | low-income and very low-income households; and at least 4 | ||||||
| 15 | Commission members shall be representatives of advocacy | ||||||
| 16 | organizations, one of which shall represent a tenants' | ||||||
| 17 | advocacy organization. The Governor shall consider nominations | ||||||
| 18 | made by advocacy organizations and community-based | ||||||
| 19 | organizations. | ||||||
| 20 | (b) Members appointed to the Commission shall serve a term | ||||||
| 21 | of 3 years; however, 3 members first appointed under this Act | ||||||
| 22 | shall serve an initial term of one year, and 4 members first | ||||||
| 23 | appointed under this Act shall serve a term of 2 years. | ||||||
| 24 | Individual terms of office shall be chosen by lot at the | ||||||
| 25 | initial meeting of the Commission. The Governor shall appoint | ||||||
| 26 | the Chairman of the Commission, and the Commission members | ||||||
| |||||||
| |||||||
| 1 | shall elect a Vice Chairman. | ||||||
| 2 | (c) Members of the Commission shall not be entitled to | ||||||
| 3 | compensation, but shall receive reimbursement for actual and | ||||||
| 4 | reasonable expenses incurred in the performance of their | ||||||
| 5 | duties. | ||||||
| 6 | (d) Eight members of the Commission shall constitute a | ||||||
| 7 | quorum for the transaction of business. | ||||||
| 8 | (e) The Commission shall meet at least quarterly and its | ||||||
| 9 | duties and responsibilities are: | ||||||
| 10 | (1) the study and review of the availability of | ||||||
| 11 | affordable housing for low-income and very low-income | ||||||
| 12 | households in the State of Illinois and the development of | ||||||
| 13 | a plan which addresses the need for additional affordable | ||||||
| 14 | housing; | ||||||
| 15 | (2) encouraging collaboration between federal and | ||||||
| 16 | State agencies, local government and the private sector in | ||||||
| 17 | the planning, development and operation of affordable | ||||||
| 18 | housing for low-income and very low-income households; | ||||||
| 19 | (3) studying, evaluating and soliciting new and | ||||||
| 20 | expanded sources of funding for affordable housing; | ||||||
| 21 | (4) developing, proposing, reviewing, and commenting | ||||||
| 22 | on priorities, policies and procedures for uses and | ||||||
| 23 | expenditures of Trust Fund monies, including policies | ||||||
| 24 | which assure equitable distribution of funds statewide; | ||||||
| 25 | (5) making recommendations to the Program | ||||||
| 26 | Administrator concerning proposed expenditures from the | ||||||
| |||||||
| |||||||
| 1 | Trust Fund; | ||||||
| 2 | (6) making recommendations to the Program | ||||||
| 3 | Administrator concerning the developments proposed to be | ||||||
| 4 | financed with the proceeds of Affordable Housing Program | ||||||
| 5 | Trust Fund Bonds or Notes; | ||||||
| 6 | (7) reviewing and commenting on the development of | ||||||
| 7 | priorities, policies and procedures for the administration | ||||||
| 8 | of the Program; | ||||||
| 9 | (8) monitoring and evaluating all allocations of funds | ||||||
| 10 | under this Program; and | ||||||
| 11 | (9) making recommendations to the General Assembly for | ||||||
| 12 | further legislation that may be necessary in the area of | ||||||
| 13 | affordable housing. | ||||||
| 14 | (Source: P.A. 93-205, eff. 1-1-04; 94-793, eff. 5-19-06.)
| ||||||
| 15 | Section 95. The Illinois Torture Inquiry and Relief | ||||||
| 16 | Commission Act is amended by changing Section 20 as follows:
| ||||||
| 17 | (775 ILCS 40/20) | ||||||
| 18 | Sec. 20. Membership; chair; meetings; quorum. | ||||||
| 19 | (a) The Commission shall consist of 8 voting members as | ||||||
| 20 | follows: | ||||||
| 21 | (1) One shall be a retired Circuit Court Judge. | ||||||
| 22 | (2) One shall be a former prosecuting attorney. | ||||||
| 23 | (3) One shall be a law school professor. | ||||||
| 24 | (4) One shall be engaged in the practice of criminal | ||||||
| |||||||
| |||||||
| 1 | defense law. | ||||||
| 2 | (5) Three shall be members of the public who are not | ||||||
| 3 | attorneys and who are not officers or employees of the | ||||||
| 4 | Judicial branch. | ||||||
| 5 | (6) One shall be a former public defender. | ||||||
| 6 | The members of the Commission shall be appointed by the | ||||||
| 7 | Governor, with the advice and consent of the Senate. Members | ||||||
| 8 | may be re-appointed for additional terms, as provided for | ||||||
| 9 | under Section 25. | ||||||
| 10 | (a-1) The Governor shall also appoint alternate Commission | ||||||
| 11 | members for the Commission members he or she has appointed to | ||||||
| 12 | serve in the event of scheduling conflicts, conflicts of | ||||||
| 13 | interest, disability, or other disqualification arising in a | ||||||
| 14 | particular case. Where an alternate member is called upon to | ||||||
| 15 | serve in a particular place, the alternate member shall vote | ||||||
| 16 | in the place of, and otherwise exercise the same powers as, the | ||||||
| 17 | member which he or she is replacing. The alternate member | ||||||
| 18 | shall have the same qualifications for appointment as the | ||||||
| 19 | original member. In making the appointments, the Governor | ||||||
| 20 | shall make a good faith effort to appoint members with | ||||||
| 21 | different perspectives of the justice system. The Governor | ||||||
| 22 | shall also consider geographical location, gender, and racial | ||||||
| 23 | diversity in making the appointments. | ||||||
| 24 | (b) The retired judge who is appointed as a member under | ||||||
| 25 | subsection (a) shall serve as Chair of the Commission. The | ||||||
| 26 | Commission shall have its initial meeting no later than one | ||||||
| |||||||
| |||||||
| 1 | month after the appointment of a quorum of members of the | ||||||
| 2 | Commission, at the call of the Chair. The Commission shall | ||||||
| 3 | meet a minimum of once every 6 months and may also meet more | ||||||
| 4 | often at the call of the Chair. The Commission shall meet at | ||||||
| 5 | such time and place as designated by the Chair, in accordance | ||||||
| 6 | with the provisions of the Open Meetings Act. Notice of the | ||||||
| 7 | meetings shall be given at such time and manner as provided by | ||||||
| 8 | the rules of the Commission, in accordance with the provisions | ||||||
| 9 | of the Open Meetings Act. A majority of the voting members | ||||||
| 10 | shall constitute a quorum. All Commission votes shall be by | ||||||
| 11 | majority vote of the voting members appointed. | ||||||
| 12 | (Source: P.A. 96-223, eff. 8-10-09.)
| ||||||
| 13 | Section 100. The Illinois Clean Energy Jobs and Justice | ||||||
| 14 | Fund Act is amended by changing Section 20-20 as follows:
| ||||||
| 15 | (805 ILCS 155/20-20) | ||||||
| 16 | (Section scheduled to be repealed on September 15, 2045) | ||||||
| 17 | Sec. 20-20. Board of Directors. | ||||||
| 18 | (a) The Fund shall be managed by, and its powers, | ||||||
| 19 | functions, and duties shall be exercised through, a Board to | ||||||
| 20 | be composed of 11 members. The initial members of the Board | ||||||
| 21 | shall be appointed by the Governor with the advice and consent | ||||||
| 22 | of the Senate within 60 days after the effective date of this | ||||||
| 23 | Act. Members of the Board shall be broadly representative of | ||||||
| 24 | the communities that the Fund is designed to serve. Of such | ||||||
| |||||||
| |||||||
| 1 | members: | ||||||
| 2 | (1) at least one member shall be selected from each of | ||||||
| 3 | the following geographic regions in the State: northeast, | ||||||
| 4 | northwest, central, and southern; | ||||||
| 5 | (2) at least 2 members shall have experience in | ||||||
| 6 | providing energy-related services to low-income, | ||||||
| 7 | environmental justice, or BIPOC communities; | ||||||
| 8 | (3) at least one member shall own or be employed by an | ||||||
| 9 | MBE or BIPOC-owned business focused on the deployment of | ||||||
| 10 | clean energy; | ||||||
| 11 | (4) at least one member shall be a policy or | ||||||
| 12 | implementation expert in serving low-income, environmental | ||||||
| 13 | justice or BIPOC communities or individuals, including | ||||||
| 14 | environmental justice communities, BIPOC communities, | ||||||
| 15 | formerly convicted persons, persons who are or were in the | ||||||
| 16 | child welfare system, displaced energy workers, gender | ||||||
| 17 | nonconforming and transgender individuals, or youth; and | ||||||
| 18 | (5) at least one member shall be from a | ||||||
| 19 | community-based organization with a specific mission to | ||||||
| 20 | support racially and socioeconomically diverse | ||||||
| 21 | environmental justice communities. | ||||||
| 22 | (a-5) The terms of the initial members of the Board shall | ||||||
| 23 | be as follows: | ||||||
| 24 | (1) 5 members appointed and confirmed shall have | ||||||
| 25 | initial 5-year terms; | ||||||
| 26 | (2) 3 members appointed and confirmed shall have | ||||||
| |||||||
| |||||||
| 1 | initial 4-year terms; and | ||||||
| 2 | (3) 3 members appointed and confirmed shall have | ||||||
| 3 | initial 3-year terms. | ||||||
| 4 | (b) Subsequent composition and terms. | ||||||
| 5 | (1) Except for the selection of the initial members of | ||||||
| 6 | the Board for their initial terms under paragraph (1) of | ||||||
| 7 | subsection (a) of this Section, the members of the Board | ||||||
| 8 | shall be elected by the members of the Board. | ||||||
| 9 | (2) A member of the Board shall be disqualified from | ||||||
| 10 | voting for any position on the Board for which such member | ||||||
| 11 | is a candidate. | ||||||
| 12 | (3) All members elected pursuant to paragraph (2) of | ||||||
| 13 | subsection (a) of this Section shall have a term of 5 | ||||||
| 14 | years. | ||||||
| 15 | (c) The members of the Board shall be broadly | ||||||
| 16 | representative of the communities that the Fund is designed to | ||||||
| 17 | serve and shall collectively have expertise in environmental | ||||||
| 18 | justice, energy efficiency, distributed renewable energy, | ||||||
| 19 | workforce development, finance and investments, clean | ||||||
| 20 | transportation, and climate resilience. Of such members: | ||||||
| 21 | (1) not fewer than 2 shall be selected from each of the | ||||||
| 22 | following geographic regions in the State: northeast, | ||||||
| 23 | northwest, central, and southern; | ||||||
| 24 | (2) not fewer than 2 shall be from an MBE or | ||||||
| 25 | BIPOC-owned business focused on the deployment of clean | ||||||
| 26 | energy; | ||||||
| |||||||
| |||||||
| 1 | (3) not fewer than 2 shall be from a community-based | ||||||
| 2 | organization with a specific mission to support racially | ||||||
| 3 | and socioeconomically diverse environmental justice | ||||||
| 4 | communities; and | ||||||
| 5 | (4) not fewer than 2 shall be from an organization | ||||||
| 6 | specializing in providing energy-related services to | ||||||
| 7 | low-income, environmental justice, or BIPOC communities. | ||||||
| 8 | (5) Members of the Board can fulfill multiple | ||||||
| 9 | criteria, such as representing the southern region and an | ||||||
| 10 | MBE or BIPOC-owned business focused on the deployment of | ||||||
| 11 | clean energy. | ||||||
| 12 | (d) No officer or employee of the State or any other level | ||||||
| 13 | of government may be appointed or elected as a member of the | ||||||
| 14 | Board. | ||||||
| 15 | (e) Seven members of the Board shall constitute a quorum. | ||||||
| 16 | (f) The Board shall adopt, and may amend, such bylaws as | ||||||
| 17 | are necessary for the proper management and functioning of the | ||||||
| 18 | Fund. Such bylaws shall include designation of officers of the | ||||||
| 19 | Fund and the duties of such officers. | ||||||
| 20 | (g) No person who is an employee in any managerial or | ||||||
| 21 | supervisory capacity, director, officer or agent or who is a | ||||||
| 22 | member of the immediate family of any such employee, director, | ||||||
| 23 | officer, or agent of any public utility is eligible to be a | ||||||
| 24 | director. No director may hold any elective position, be a | ||||||
| 25 | candidate for any elective position, be a State public | ||||||
| 26 | official, be employed by the Illinois Commerce Commission, or | ||||||
| |||||||
| |||||||
| 1 | be employed in a governmental position exempt from the | ||||||
| 2 | Illinois Personnel Code. | ||||||
| 3 | (h) No director, nor member of his or her immediate family | ||||||
| 4 | shall, either directly or indirectly, be employed for | ||||||
| 5 | compensation as a staff member or consultant of the Fund. | ||||||
| 6 | (i) The Board shall hold regular meetings at least once | ||||||
| 7 | every 3 months on such dates and at such places as it may | ||||||
| 8 | determine. Meetings may be held by teleconference or | ||||||
| 9 | videoconference. Special meetings may be called by the | ||||||
| 10 | president or by a majority of the directors upon at least 7 | ||||||
| 11 | days' advance written notice. The act of the majority of the | ||||||
| 12 | directors, present at a meeting at which a quorum is present, | ||||||
| 13 | shall be the act of the Board of Directors unless the act of a | ||||||
| 14 | greater number is required by this Act or bylaws. A summary of | ||||||
| 15 | the minutes of every Board meeting shall be made available to | ||||||
| 16 | each public library in the State upon request and to | ||||||
| 17 | individuals upon request. Board of Directors meeting minutes | ||||||
| 18 | shall be posted on the Fund's website within 14 days after | ||||||
| 19 | Board approval of the minutes. | ||||||
| 20 | (j) A director may not receive any compensation for his or | ||||||
| 21 | her services but shall be reimbursed for necessary expenses, | ||||||
| 22 | including travel expenses incurred in the discharge of duties. | ||||||
| 23 | The Board shall establish standard allowances for mileage, | ||||||
| 24 | room and meals and the purposes for which such allowances may | ||||||
| 25 | be made and shall determine the reasonableness and necessity | ||||||
| 26 | for such reimbursements. | ||||||
| |||||||
| |||||||
| 1 | (k) In the event of a vacancy on the Board, the Board of | ||||||
| 2 | Directors shall appoint a temporary member, consistent with | ||||||
| 3 | the requirements of the Board composition, to serve the | ||||||
| 4 | remainder of the term for the vacant seat. | ||||||
| 5 | (l) The Board shall adopt rules for its own management and | ||||||
| 6 | government, including bylaws and a conflict of interest | ||||||
| 7 | policy. | ||||||
| 8 | (m) The Board of Directors of the Fund shall adopt written | ||||||
| 9 | procedures for: | ||||||
| 10 | (1) adopting an annual budget and plan of operations, | ||||||
| 11 | including a requirement of Board approval before the | ||||||
| 12 | budget or plan may take effect; | ||||||
| 13 | (2) hiring, dismissing, promoting, and compensating | ||||||
| 14 | employees of the Fund, including an affirmative action | ||||||
| 15 | policy and a requirement of Board approval before a | ||||||
| 16 | position may be created or a vacancy filled; | ||||||
| 17 | (3) acquiring real and personal property and personal | ||||||
| 18 | services, including a requirement of Board approval for | ||||||
| 19 | any non-budgeted expenditure in excess of $5,000; | ||||||
| 20 | (4) contracting for financial, legal, bond | ||||||
| 21 | underwriting and other professional services, including | ||||||
| 22 | requirements that the Fund (i) solicit proposals at least | ||||||
| 23 | once every 3 years for each such service that it uses, and | ||||||
| 24 | (ii) ensure equitable contracting with diverse suppliers; | ||||||
| 25 | (5) issuing and retiring bonds, bond anticipation | ||||||
| 26 | notes, and other obligations of the Fund; and | ||||||
| |||||||
| |||||||
| 1 | (6) awarding loans, grants and other financial | ||||||
| 2 | assistance, including (i) eligibility criteria, the | ||||||
| 3 | application process and the role played by the Fund's | ||||||
| 4 | staff and Board of Directors, and (ii) ensuring racial | ||||||
| 5 | equity in the awarding of loans, grants, and other | ||||||
| 6 | financial assistance. | ||||||
| 7 | (n) The Board shall develop a robust set of metrics to | ||||||
| 8 | measure the degree to which the program is meeting the | ||||||
| 9 | purposes set forth in Section 20-5 of this Act, and especially | ||||||
| 10 | measuring adherence to the racial equity purposes set forth | ||||||
| 11 | there, and a reporting format and schedule to be adhered to by | ||||||
| 12 | the Fund officers and staff. These metrics and reports shall | ||||||
| 13 | be posted quarterly on the Fund's website. | ||||||
| 14 | (o) The Board of Directors has the responsibility to make | ||||||
| 15 | program adjustments necessary to ensure that the Clean Energy | ||||||
| 16 | Jobs and Justice Fund is meeting the purposes set forth in this | ||||||
| 17 | Act. Fund officers and staff and the Board of Directors are | ||||||
| 18 | responsible for ensuring capital providers and Fund officers | ||||||
| 19 | and staff, partners, and financial institutions are held to | ||||||
| 20 | state and federal standards for ethics and predatory lending | ||||||
| 21 | practices and shall immediately remove any offending products | ||||||
| 22 | and sponsoring organizations from Fund participation. | ||||||
| 23 | (p) The Board shall issue annually a report reviewing the | ||||||
| 24 | activities of the Fund in detail and shall provide a copy of | ||||||
| 25 | such report to the joint standing committees of the General | ||||||
| 26 | Assembly having cognizance of matters relating to energy and | ||||||
| |||||||
| |||||||
| 1 | commerce. The report shall be published on the Fund's website | ||||||
| 2 | within 3 days after its submission to the General Assembly. | ||||||
| 3 | (Source: P.A. 102-662, eff. 9-15-21.)
| ||||||
| 4 | Section 105. The Illinois Secure Choice Savings Program | ||||||
| 5 | Act is amended by changing Section 20 as follows:
| ||||||
| 6 | (820 ILCS 80/20) | ||||||
| 7 | Sec. 20. Composition of the Board. There is created the | ||||||
| 8 | Illinois Secure Choice Savings Board. | ||||||
| 9 | (a) The Board shall consist of the following 7 members: | ||||||
| 10 | (1) the State Treasurer, or his or her designee, who | ||||||
| 11 | shall serve as chair; | ||||||
| 12 | (2) the State Comptroller, or his or her designee; | ||||||
| 13 | (3) the Director of the Governor's Office of | ||||||
| 14 | Management and Budget, or his or her designee; | ||||||
| 15 | (4) two public representatives with expertise in | ||||||
| 16 | retirement savings plan administration or investment, or | ||||||
| 17 | both, appointed by the Governor; | ||||||
| 18 | (5) a representative of participating employers, | ||||||
| 19 | appointed by the Governor; and | ||||||
| 20 | (6) a representative of enrollees, appointed by the | ||||||
| 21 | Governor. | ||||||
| 22 | (b) Members of the Board shall serve without compensation | ||||||
| 23 | but may be reimbursed for necessary travel expenses incurred | ||||||
| 24 | in connection with their Board duties from funds appropriated | ||||||
| |||||||
| |||||||
| 1 | for the purpose. | ||||||
| 2 | (c) The initial appointments for the Governor's appointees | ||||||
| 3 | shall be as follows: one public representative for 4 years; | ||||||
| 4 | one public representative for 2 years; the representative of | ||||||
| 5 | participating employers for 3 years; and the representative of | ||||||
| 6 | enrollees for 1 year. Thereafter, all of the Governor's | ||||||
| 7 | appointees shall be for terms of 4 years. | ||||||
| 8 | (d) A vacancy in the term of an appointed Board member | ||||||
| 9 | shall be filled for the balance of the unexpired term in the | ||||||
| 10 | same manner as the original appointment. | ||||||
| 11 | (e) Each appointment by the Governor shall be subject to | ||||||
| 12 | approval by the State Treasurer, who, upon approval, shall | ||||||
| 13 | certify his or her approval to the Secretary of State. Each | ||||||
| 14 | appointment by the Governor shall also be subject to the | ||||||
| 15 | advice and consent of the Senate. In case of a vacancy during a | ||||||
| 16 | recess of the Senate, the Governor shall appoint a replacement | ||||||
| 17 | member make a temporary appointment until the next meeting of | ||||||
| 18 | the Senate, at which time the Governor shall appoint some | ||||||
| 19 | person to fill the office. If the State Treasurer does not | ||||||
| 20 | approve or disapprove the appointment by the Governor within | ||||||
| 21 | 60 session days after receipt thereof, the person shall be | ||||||
| 22 | deemed to have been approved by the State Treasurer. Any | ||||||
| 23 | appointment that has not been acted upon by the Senate within | ||||||
| 24 | 60 session days after the receipt thereof shall be deemed to | ||||||
| 25 | have received the advice and consent of the Senate. | ||||||
| 26 | (f) Each Board member, prior to assuming office, shall | ||||||
| |||||||
| |||||||
| 1 | take an oath that he or she will diligently and honestly | ||||||
| 2 | administer the affairs of the Board and that he or she will not | ||||||
| 3 | knowingly violate or willingly permit to be violated any of | ||||||
| 4 | the provisions of law applicable to the Program. The oath | ||||||
| 5 | shall be certified by the officer before whom it is taken and | ||||||
| 6 | immediately filed in the office of the Secretary of State. | ||||||
| 7 | (Source: P.A. 98-1150, eff. 6-1-15.)
| ||||||
| 8 | Section 110. The Workers' Compensation Act is amended by | ||||||
| 9 | changing Sections 8.3 and 13.1 as follows:
| ||||||
| 10 | (820 ILCS 305/8.3) | ||||||
| 11 | Sec. 8.3. Workers' Compensation Medical Fee Advisory | ||||||
| 12 | Board. There is created a Workers' Compensation Medical Fee | ||||||
| 13 | Advisory Board consisting of 9 members appointed by the | ||||||
| 14 | Governor with the advice and consent of the Senate. Three | ||||||
| 15 | members of the Advisory Board shall be representatives of a | ||||||
| 16 | labor organization recognized under the National Labor | ||||||
| 17 | Relations Act or an attorney who has represented labor | ||||||
| 18 | organizations or has represented employees in workers' | ||||||
| 19 | compensation cases, 3 members shall be representative citizens | ||||||
| 20 | chosen from the employing class, and 3 members shall be | ||||||
| 21 | representative citizens chosen from the medical provider | ||||||
| 22 | class. Each member shall serve a 4-year term and shall | ||||||
| 23 | continue to serve until a successor is appointed. A vacancy on | ||||||
| 24 | the Advisory Board shall be filled by the Governor for the | ||||||
| |||||||
| |||||||
| 1 | unexpired term. | ||||||
| 2 | Members of the Advisory Board shall receive no | ||||||
| 3 | compensation for their services but shall be reimbursed for | ||||||
| 4 | expenses incurred in the performance of their duties by the | ||||||
| 5 | Commission from appropriations made to the Commission for that | ||||||
| 6 | purpose. | ||||||
| 7 | The Advisory Board shall advise the Commission on | ||||||
| 8 | establishment of fees for medical services and accessibility | ||||||
| 9 | of medical treatment. | ||||||
| 10 | (Source: P.A. 101-384, eff. 1-1-20.)
| ||||||
| 11 | (820 ILCS 305/13.1) (from Ch. 48, par. 138.13-1) | ||||||
| 12 | Sec. 13.1. (a) There is created a Workers' Compensation | ||||||
| 13 | Advisory Board hereinafter referred to as the Advisory Board. | ||||||
| 14 | After the effective date of this amendatory Act of the 94th | ||||||
| 15 | General Assembly, the Advisory Board shall consist of 12 | ||||||
| 16 | members appointed by the Governor with the advice and consent | ||||||
| 17 | of the Senate. Six members of the Advisory Board shall be | ||||||
| 18 | representative citizens chosen from a labor organization | ||||||
| 19 | recognized under the National Labor Relations Act or an | ||||||
| 20 | attorney who has represented labor organizations or has | ||||||
| 21 | represented employees in workers' compensation cases, and 6 | ||||||
| 22 | members shall be representative citizens chosen from the | ||||||
| 23 | employing class. The Chairman of the Commission shall serve as | ||||||
| 24 | the ex officio Chairman of the Advisory Board. After the | ||||||
| 25 | effective date of this amendatory Act of the 94th General | ||||||
| |||||||
| |||||||
| 1 | Assembly, each member of the Advisory Board shall serve a term | ||||||
| 2 | ending on the third Monday in January 2007 and shall continue | ||||||
| 3 | to serve until his or her successor is appointed and | ||||||
| 4 | qualified. Members of the Advisory Board shall thereafter be | ||||||
| 5 | appointed for 4 year terms from the third Monday in January of | ||||||
| 6 | the year of their appointment, and until their successors are | ||||||
| 7 | appointed and qualified. Seven members of the Advisory Board | ||||||
| 8 | shall constitute a quorum to do business, but in no case shall | ||||||
| 9 | there be less than one representative from each class. A | ||||||
| 10 | vacancy on the Advisory Board shall be filled by the Governor | ||||||
| 11 | for the unexpired term. | ||||||
| 12 | (b) Members of the Advisory Board shall receive no | ||||||
| 13 | compensation for their services but shall be reimbursed for | ||||||
| 14 | expenses incurred in the performance of their duties by the | ||||||
| 15 | Commission from appropriations made to the Commission for such | ||||||
| 16 | purpose. | ||||||
| 17 | (c) The Advisory Board shall aid the Commission in | ||||||
| 18 | formulating policies, discussing problems, setting priorities | ||||||
| 19 | of expenditures, reviewing advisory rates filed by an advisory | ||||||
| 20 | organization as defined in Section 463 of the Illinois | ||||||
| 21 | Insurance Code, and establishing short and long range | ||||||
| 22 | administrative goals. Prior to making the (1) initial set of | ||||||
| 23 | arbitrator appointments pursuant to this amendatory Act of the | ||||||
| 24 | 97th General Assembly and (2) appointment of Commissioners, | ||||||
| 25 | the Governor shall request that the Advisory Board make | ||||||
| 26 | recommendations as to candidates to consider for appointment | ||||||
| |||||||
| |||||||
| 1 | and the Advisory Board may then make such recommendations. | ||||||
| 2 | (d) The terms of all Advisory Board members serving on the | ||||||
| 3 | effective date of this amendatory Act of the 97th General | ||||||
| 4 | Assembly are terminated. The Governor shall appoint new | ||||||
| 5 | members to the Advisory Board within 30 days after the | ||||||
| 6 | effective date of the amendatory Act of the 97th General | ||||||
| 7 | Assembly, subject to the advice and consent of the Senate. | ||||||
| 8 | (Source: P.A. 101-384, eff. 1-1-20.) | ||||||
