|     | 
| |  |  | 10200HB1563sam001 | - 2 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
 | 
| 2 |  |  Sec. 7.01. 
The Council shall consist of 31 voting members,  | 
| 3 |  | including: two Senators
appointed by the President of the  | 
| 4 |  | Senate; two Senators appointed by the
Senate Minority Leader;  | 
| 5 |  | two Representatives appointed by the Speaker of the
House of  | 
| 6 |  | Representatives; two Representatives appointed by the House
 | 
| 7 |  | Minority Leader; and twenty three citizen members, at least  | 
| 8 |  | sixteen of whom
shall be senior citizens or have actual  | 
| 9 |  | experience in providing services to senior citizens. Of the  | 
| 10 |  | citizen members, at least 7 shall represent underrepresented  | 
| 11 |  | communities as follows: 
 | 
| 12 |  |   (1) one member who is a lesbian, gay, bisexual, or  | 
| 13 |  | queer individual;  | 
| 14 |  |   (2) one member who is a transgender or  | 
| 15 |  | gender-expansive individual;  | 
| 16 |  |   (3) one member who is a person living with HIV;  | 
| 17 |  |   (4) one member who is an African-American or Black  | 
| 18 |  | individual;  | 
| 19 |  |   (5) one member who is a Hispanic or Latino individual;  | 
| 20 |  |   (6) one member who is an Asian-American or Pacific  | 
| 21 |  | Islander individual; and  | 
| 22 |  |   (7) one member who is an ethnically diverse  | 
| 23 |  | individual.  | 
| 24 |  | (Source: P.A. 102-885, eff. 5-16-22.)
 | 
| 25 |  |  Section 30. The Department of Central Management Services  | 
|     | 
| |  |  | 10200HB1563sam001 | - 3 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Law of the
Civil Administrative Code of Illinois is amended by  | 
| 2 |  | changing Sections 405-122 and 405-413 as follows: | 
| 3 |  |  (20 ILCS 405/405-122) | 
| 4 |  |  Sec. 405-122. Employees with a disability. The Department,  | 
| 5 |  | in cooperation with the Department of Human Services, the  | 
| 6 |  | Department of Employment Security, and other agencies of State  | 
| 7 |  | government shall develop and implement programs to increase  | 
| 8 |  | the number of qualified employees with disabilities working in  | 
| 9 |  | the State. The programs shall include provisions to increase  | 
| 10 |  | the number of people with a disability hired for positions  | 
| 11 |  | with specific job titles for which they have been assessed and  | 
| 12 |  | met the qualifications awarded a passing grade. The Department  | 
| 13 |  | shall conduct an annual presentation regarding the programs  | 
| 14 |  | created under this Section, and each State agency shall  | 
| 15 |  | designate one or more persons with hiring responsibilities to  | 
| 16 |  | attend the presentation. The Department and the Department of  | 
| 17 |  | Human Services must submit a report, annually, to the Governor  | 
| 18 |  | and the General Assembly concerning their actions under this  | 
| 19 |  | Section.
 | 
| 20 |  | (Source: P.A. 101-540, eff. 8-23-19.) | 
| 21 |  |  (20 ILCS 405/405-413) | 
| 22 |  |  Sec. 405-413. Geographic consolidation of State employment  | 
| 23 |  | positions. | 
| 24 |  |  (a) Notwithstanding any other law to the contrary, it is  | 
|     | 
| |  |  | 10200HB1563sam001 | - 4 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | recognized that the Director of Central Management Services,  | 
| 2 |  | working in consultation with the Director of any affected  | 
| 3 |  | State agency, shall direct the relocation to Sangamon County  | 
| 4 |  | is the preferred location of all State employment positions  | 
| 5 |  | under the Personnel Code that are not required by their nature  | 
| 6 |  | or function to be located in a specific geographic area. | 
| 7 |  |  (b) (Blank). Notwithstanding any other law to the  | 
| 8 |  | contrary, the Director of Central Management Services, working  | 
| 9 |  | in consultation with the Director of any affected State  | 
| 10 |  | agency, shall direct all new State employment positions which  | 
| 11 |  | may be created under the Personnel Code, and which are not  | 
| 12 |  | required by their nature or function to be located in a  | 
| 13 |  | specific geographic area, to be located in Sangamon County. | 
| 14 |  |  (c) The Director shall determine a geographic location for  | 
| 15 |  | each State employment position taking into consideration a  | 
| 16 |  | variety of factors, including, but not limited to, and, if it  | 
| 17 |  | is other than Sangamon County, the reason for it to be in that  | 
| 18 |  | geographic location. In determining whether to locate or  | 
| 19 |  | relocate a State employment position to Sangamon County, the  | 
| 20 |  | Director shall consult the Director of any affected State  | 
| 21 |  | agency as to whether the nature or function of a position,  | 
| 22 |  | whether the position is well-suited for telework or a similar  | 
| 23 |  | arrangement, where a diverse and equitable applicant pool  | 
| 24 |  | exists, the preference for State employment positions to be  | 
| 25 |  | located in Sangamon County, and other similar factors that  | 
| 26 |  | should determine the geographic location of a State employment  | 
|     | 
| |  |  | 10200HB1563sam001 | - 5 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | position. requires it to be located in a specific geographic  | 
| 2 |  | area of the State. If no such geographic necessity exists,  | 
| 3 |  | that position shall be located or relocated to Sangamon  | 
| 4 |  | County. | 
| 5 |  |  (d) The rights of employees and the State and its agencies  | 
| 6 |  | under the Personnel Code and applicable collective bargaining  | 
| 7 |  | agreements with respect to the relocation of current State  | 
| 8 |  | employee position holders shall not be affected by the  | 
| 9 |  | provisions of this Section. The provisions of this Section  | 
| 10 |  | regarding location or relocation of a position to Sangamon  | 
| 11 |  | County shall apply only to State employment positions that  | 
| 12 |  | become vacant or are created on or after the effective date of  | 
| 13 |  | this amendatory Act of the 100th General Assembly.  | 
| 14 |  |  (e) The provisions of this Section do not apply to: (1) any  | 
| 15 |  | office of the legislative or judicial branch; (2) Statewide  | 
| 16 |  | offices under the jurisdiction of any executive branch  | 
| 17 |  | constitutional officer other than the Governor; or (3) persons  | 
| 18 |  | employed directly by the Office of the Governor. This Section  | 
| 19 |  | does apply to departments and agencies of State government  | 
| 20 |  | under the jurisdiction of the Governor other than persons  | 
| 21 |  | employed directly by the Office of the Governor. 
 | 
| 22 |  | (Source: P.A. 100-742, eff. 8-9-18.) | 
| 23 |  |  Section 35. The Personnel Code is amended by changing  | 
| 24 |  | Sections 4b, 4c, 4d, 8, 8b, 8b.1, 8b.3, 8b.4, 8b.5, 8b.6, 8b.7,  | 
| 25 |  | 8b.8, 8b.9, 8b.10, 8b.14, 8b.17, 8b.18, 8b.19, 9, 10, 12f, 13,  | 
|     | 
| |  |  | 10200HB1563sam001 | - 6 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | 14, 17a, and 17b as follows:
 | 
| 2 |  |  (20 ILCS 415/4b) (from Ch. 127, par. 63b104b)
 | 
| 3 |  |  Sec. 4b. Extension of jurisdiction. Any or all of the  | 
| 4 |  | three forms of jurisdiction of the Department may be
extended  | 
| 5 |  | to the positions not initially covered by this Act under a
 | 
| 6 |  | department, board, commission, institution, or other  | 
| 7 |  | independent agency in
the executive, legislative, or judicial  | 
| 8 |  | branch of State government, or to a
major administrative  | 
| 9 |  | division, service, or office thereof by the following
process:
 | 
| 10 |  |  (1) The officer or officers legally charged with control  | 
| 11 |  | over the
appointments to positions in a department, board,  | 
| 12 |  | commission, institution,
or other independent agency in the  | 
| 13 |  | executive, legislative, or judicial
branch of State  | 
| 14 |  | government, or to a major administrative division, service,
or  | 
| 15 |  | office thereof, may request in writing to the Governor the  | 
| 16 |  | extension of
any or all of the three forms of jurisdiction of  | 
| 17 |  | the Department to such
named group of positions.
 | 
| 18 |  |  (2) The Governor, if he concurs with the request, may  | 
| 19 |  | forward the
request to the Director of Central Management  | 
| 20 |  | Services.
 | 
| 21 |  |  (3) The Director shall survey the practicability of the  | 
| 22 |  | requested
extension of the jurisdiction or jurisdictions of  | 
| 23 |  | the Department, approve
or disapprove same, and notify the  | 
| 24 |  | Civil Service Commission of his
decision. If he should approve  | 
| 25 |  | the request he shall provide notice of submit rules to
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 7 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | accomplish such extension to the Civil Service Commission.
 | 
| 2 |  |  (4) Such an extension of jurisdiction of the Department of  | 
| 3 |  | Central Management
Services may
be terminated by the same  | 
| 4 |  | process of amendment to the rules at any time
after four years  | 
| 5 |  | from its original effective date with notice to the Civil  | 
| 6 |  | Service Commission.
 | 
| 7 |  |  (5) Employees in positions to which jurisdiction B is  | 
| 8 |  | extended pursuant
to this section shall be continued in their  | 
| 9 |  | respective positions provided
that they are deemed qualified  | 
| 10 |  | pass a qualifying examination prescribed by the Director  | 
| 11 |  | within 6
months after such jurisdiction is extended to such  | 
| 12 |  | positions, and provided
they satisfactorily complete their  | 
| 13 |  | respective probationary periods. Such
qualifying examinations  | 
| 14 |  | shall be of the same kind as those required for
entrance  | 
| 15 |  | examinations for comparable positions. Appointments of such
 | 
| 16 |  | employees shall be without regard to eligible lists and  | 
| 17 |  | without regard to
the provisions of this Code requiring the  | 
| 18 |  | appointment of the person
standing among the three highest on  | 
| 19 |  | the appropriate eligible list to fill a
vacancy or from the  | 
| 20 |  | highest category ranking group if the list is by
rankings  | 
| 21 |  | instead of numerical ratings. Nothing herein shall preclude  | 
| 22 |  | the
reclassification or reallocation as provided by this Act  | 
| 23 |  | of any position
held by any such incumbent. The Department  | 
| 24 |  | shall maintain records of all extensions of jurisdiction  | 
| 25 |  | pursuant to this Section. 
 | 
| 26 |  | (Source: P.A. 82-789.)
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 8 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | 
| 2 |  |  Sec. 4c. General exemptions.  The following positions in  | 
| 3 |  | State
service shall be exempt from jurisdictions A, B, and C,  | 
| 4 |  | unless the
jurisdictions shall be extended as provided in this  | 
| 5 |  | Act:
 | 
| 6 |  |   (1) All officers elected by the people.
 | 
| 7 |  |   (2) All positions under the Lieutenant Governor,  | 
| 8 |  | Secretary of State,
State Treasurer, State Comptroller,  | 
| 9 |  | State Board of Education, Clerk of
the Supreme Court,
 | 
| 10 |  | Attorney General, and State Board of Elections.
 | 
| 11 |  |   (3) Judges, and officers and employees of the courts,  | 
| 12 |  | and notaries
public.
 | 
| 13 |  |   (4) All officers and employees of the Illinois General  | 
| 14 |  | Assembly, all
employees of legislative commissions, all  | 
| 15 |  | officers and employees of the
Illinois Legislative  | 
| 16 |  | Reference Bureau and the Legislative Printing Unit.
 | 
| 17 |  |   (5) All positions in the Illinois National Guard and  | 
| 18 |  | Illinois State
Guard, paid from federal funds or positions
 | 
| 19 |  | in the State Military Service filled by enlistment and  | 
| 20 |  | paid from State
funds.
 | 
| 21 |  |   (6) All employees of the Governor at the executive  | 
| 22 |  | mansion and on
his immediate personal staff.
 | 
| 23 |  |   (7) Directors of Departments, the Adjutant General,  | 
| 24 |  | the Assistant
Adjutant General, the Director of the  | 
| 25 |  | Illinois Emergency
Management Agency, members of boards  | 
|     | 
| |  |  | 10200HB1563sam001 | - 9 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | and commissions, and all other
positions appointed by the  | 
| 2 |  | Governor by and with the consent of the
Senate.
 | 
| 3 |  |   (8) The presidents, other principal administrative  | 
| 4 |  | officers, and
teaching, research and extension faculties  | 
| 5 |  | of
Chicago State University, Eastern Illinois University,  | 
| 6 |  | Governors State
University, Illinois State University,  | 
| 7 |  | Northeastern Illinois University,
Northern Illinois  | 
| 8 |  | University, Western Illinois University, the Illinois
 | 
| 9 |  | Community College Board, Southern Illinois
University,  | 
| 10 |  | Illinois Board of Higher Education, University of
 | 
| 11 |  | Illinois, State Universities Civil Service System,  | 
| 12 |  | University Retirement
System of Illinois, and the  | 
| 13 |  | administrative officers and scientific and
technical staff  | 
| 14 |  | of the Illinois State Museum.
 | 
| 15 |  |   (9) All other employees except the presidents, other  | 
| 16 |  | principal
administrative officers, and teaching, research  | 
| 17 |  | and extension faculties
of the universities under the  | 
| 18 |  | jurisdiction of the Board of Regents and
the colleges and  | 
| 19 |  | universities under the jurisdiction of the Board of
 | 
| 20 |  | Governors of State Colleges and Universities, Illinois  | 
| 21 |  | Community College
Board, Southern Illinois University,  | 
| 22 |  | Illinois Board of Higher Education,
Board of Governors of  | 
| 23 |  | State Colleges and Universities, the Board of
Regents,  | 
| 24 |  | University of Illinois, State Universities Civil Service
 | 
| 25 |  | System, University Retirement System of Illinois, so long  | 
| 26 |  | as these are
subject to the provisions of the State  | 
|     | 
| |  |  | 10200HB1563sam001 | - 10 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Universities Civil Service Act.
 | 
| 2 |  |   (10) The Illinois State Police so long as they are  | 
| 3 |  | subject to the merit
provisions of the Illinois State  | 
| 4 |  | Police Act.
Employees of the Illinois State Police Merit  | 
| 5 |  | Board are subject to the provisions of this Code.
 | 
| 6 |  |   (11) (Blank).
 | 
| 7 |  |   (12) The technical and engineering staffs of the  | 
| 8 |  | Department of
Transportation, the Division Department of  | 
| 9 |  | Nuclear Safety at the Illinois Emergency Management  | 
| 10 |  | Agency, the Pollution Control
Board, and the Illinois  | 
| 11 |  | Commerce Commission, and the technical and engineering
 | 
| 12 |  | staff providing architectural and engineering services in  | 
| 13 |  | the Department of
Central Management Services.
 | 
| 14 |  |   (13) All employees of the Illinois State Toll Highway  | 
| 15 |  | Authority.
 | 
| 16 |  |   (14) The Secretary of the Illinois Workers'  | 
| 17 |  | Compensation Commission.
 | 
| 18 |  |   (15) All persons who are appointed or employed by the  | 
| 19 |  | Director of
Insurance under authority of Section 202 of  | 
| 20 |  | the Illinois Insurance Code
to assist the Director of  | 
| 21 |  | Insurance in discharging his responsibilities
relating to  | 
| 22 |  | the rehabilitation, liquidation, conservation, and
 | 
| 23 |  | dissolution of companies that are subject to the  | 
| 24 |  | jurisdiction of the
Illinois Insurance Code.
 | 
| 25 |  |   (16) All employees of the St. Louis Metropolitan Area  | 
| 26 |  | Airport
Authority.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 11 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (17) All investment officers employed by the Illinois  | 
| 2 |  | State Board of
Investment.
 | 
| 3 |  |   (18) Employees of the Illinois Young Adult  | 
| 4 |  | Conservation Corps program,
administered by the Illinois  | 
| 5 |  | Department of Natural Resources, authorized
grantee under  | 
| 6 |  | Title VIII of the Comprehensive
Employment and Training  | 
| 7 |  | Act of 1973, 29 U.S.C. 993.
 | 
| 8 |  |   (19) Seasonal employees of the Department of  | 
| 9 |  | Agriculture for the
operation of the Illinois State Fair  | 
| 10 |  | and the DuQuoin State Fair, no one
person receiving more  | 
| 11 |  | than 29 days of such employment in any calendar year.
 | 
| 12 |  |   (20) All "temporary" employees hired under the  | 
| 13 |  | Department of Natural
Resources' Illinois Conservation  | 
| 14 |  | Service, a youth
employment program that hires young  | 
| 15 |  | people to work in State parks for a period
of one year or  | 
| 16 |  | less.
 | 
| 17 |  |   (21) All hearing officers of the Human Rights  | 
| 18 |  | Commission.
 | 
| 19 |  |   (22) All employees of the Illinois Mathematics and  | 
| 20 |  | Science Academy.
 | 
| 21 |  |   (23) All employees of the Kankakee River Valley Area
 | 
| 22 |  | Airport Authority.
 | 
| 23 |  |   (24) The commissioners and employees of the Executive  | 
| 24 |  | Ethics
Commission.
 | 
| 25 |  |   (25) The Executive Inspectors General, including  | 
| 26 |  | special Executive
Inspectors General, and employees of  | 
|     | 
| |  |  | 10200HB1563sam001 | - 12 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | each Office of an
Executive Inspector General.
 | 
| 2 |  |   (26) The commissioners and employees of the  | 
| 3 |  | Legislative Ethics
Commission.
 | 
| 4 |  |   (27) The Legislative Inspector General, including  | 
| 5 |  | special Legislative
Inspectors General, and employees of  | 
| 6 |  | the Office of
the Legislative Inspector General.
 | 
| 7 |  |   (28) The Auditor General's Inspector General and  | 
| 8 |  | employees of the Office
of the Auditor General's Inspector  | 
| 9 |  | General.
 | 
| 10 |  |   (29) All employees of the Illinois Power Agency.  | 
| 11 |  |   (30) Employees having demonstrable, defined advanced  | 
| 12 |  | skills in accounting, financial reporting, or technical  | 
| 13 |  | expertise who are employed within executive branch  | 
| 14 |  | agencies and whose duties are directly related to the  | 
| 15 |  | submission to the Office of the Comptroller of financial  | 
| 16 |  | information for the publication of the annual  | 
| 17 |  | comprehensive financial report.  | 
| 18 |  |   (31) All employees of the Illinois Sentencing Policy  | 
| 19 |  | Advisory Council.  | 
| 20 |  | (Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;  | 
| 21 |  | 102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff.  | 
| 22 |  | 5-13-22.)
 | 
| 23 |  |  (20 ILCS 415/4d) (from Ch. 127, par. 63b104d)
 | 
| 24 |  |  Sec. 4d. Partial exemptions. The following positions in  | 
| 25 |  | State service are
exempt from jurisdictions A, B, and C to the  | 
|     | 
| |  |  | 10200HB1563sam001 | - 13 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | extent stated for each, unless
those jurisdictions are  | 
| 2 |  | extended as provided in this Act:
 | 
| 3 |  |   (1) In each department, board or commission that now  | 
| 4 |  | maintains or may
hereafter maintain a major administrative  | 
| 5 |  | division, service or office in
both Sangamon County and  | 
| 6 |  | Cook County, 2 private secretaries for the
director or  | 
| 7 |  | chairman thereof, one located in the Cook County office  | 
| 8 |  | and the
other located in the Sangamon County office, shall  | 
| 9 |  | be exempt from
jurisdiction B; in all other departments,  | 
| 10 |  | boards and commissions one
private secretary for the  | 
| 11 |  | director or chairman thereof shall be exempt from
 | 
| 12 |  | jurisdiction B. In all departments, boards and commissions  | 
| 13 |  | one confidential
assistant for the director or chairman  | 
| 14 |  | thereof shall be exempt from
jurisdiction B. This  | 
| 15 |  | paragraph is subject to such modifications or waiver
of  | 
| 16 |  | the exemptions as may be necessary to assure the  | 
| 17 |  | continuity of federal
contributions in those agencies  | 
| 18 |  | supported in whole or in part by federal
funds.
 | 
| 19 |  |   (2) The resident administrative head of each State  | 
| 20 |  | charitable, penal and
correctional institution, the  | 
| 21 |  | chaplains thereof, and all member, patient
and inmate  | 
| 22 |  | employees are exempt from jurisdiction B.
 | 
| 23 |  |   (3) The Civil Service Commission, upon written  | 
| 24 |  | recommendation of the
Director of Central Management  | 
| 25 |  | Services, shall exempt
from jurisdiction B other positions
 | 
| 26 |  | which, in the judgment of the Commission, involve either  | 
|     | 
| |  |  | 10200HB1563sam001 | - 14 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | principal
administrative responsibility for the  | 
| 2 |  | determination of policy or principal
administrative  | 
| 3 |  | responsibility for the way in which policies are carried
 | 
| 4 |  | out, except positions in agencies which receive federal  | 
| 5 |  | funds if such
exemption is inconsistent with federal  | 
| 6 |  | requirements, and except positions
in agencies supported  | 
| 7 |  | in whole by federal funds.
 | 
| 8 |  |   (4) All individuals in positions paid in accordance  | 
| 9 |  | with prevailing wage laws, as well as beauticians and  | 
| 10 |  | teachers of beauty culture and teachers of
barbering, and  | 
| 11 |  | all positions heretofore paid under Section 1.22 of "An  | 
| 12 |  | Act
to standardize position titles and salary rates",  | 
| 13 |  | approved June 30, 1943,
as amended, shall be exempt from  | 
| 14 |  | jurisdiction B.
 | 
| 15 |  |   (5) Licensed attorneys in positions as legal or  | 
| 16 |  | technical advisors; positions in the Department of Natural  | 
| 17 |  | Resources requiring incumbents
to be either a registered  | 
| 18 |  | professional engineer or to hold a bachelor's degree
in  | 
| 19 |  | engineering from a recognized college or university;
 | 
| 20 |  | licensed physicians in positions of medical administrator  | 
| 21 |  | or physician or
physician specialist (including  | 
| 22 |  | psychiatrists); all positions within the Department of  | 
| 23 |  | Juvenile Justice requiring licensure by the State Board of  | 
| 24 |  | Education under Article 21B of the School Code; all  | 
| 25 |  | positions within the Illinois School for the Deaf and the  | 
| 26 |  | Illinois School for the Visually Impaired requiring  | 
|     | 
| |  |  | 10200HB1563sam001 | - 15 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | licensure by the State Board of Education under Article  | 
| 2 |  | 21B of the School Code and all rehabilitation/mobility  | 
| 3 |  | instructors and rehabilitation/mobility instructor  | 
| 4 |  | trainees at the Illinois School for the Visually Impaired;  | 
| 5 |  | and registered nurses (except
those registered nurses  | 
| 6 |  | employed by the Department of Public Health); except
those  | 
| 7 |  | in positions in agencies which receive federal funds if  | 
| 8 |  | such
exemption is inconsistent with federal requirements  | 
| 9 |  | and except those in
positions in agencies supported in  | 
| 10 |  | whole by federal funds, are exempt from
jurisdiction B  | 
| 11 |  | only to the extent that the requirements of Section 8b.1,
 | 
| 12 |  | 8b.3 and 8b.5 of this Code need not be met.
 | 
| 13 |  |   (6) All positions established outside the geographical  | 
| 14 |  | limits of the
State of Illinois to which appointments of  | 
| 15 |  | other than Illinois citizens may
be made are exempt from  | 
| 16 |  | jurisdiction B.
 | 
| 17 |  |   (7) Staff attorneys reporting directly to individual  | 
| 18 |  | Commissioners of
the Illinois Workers' Compensation
 | 
| 19 |  | Commission are exempt from jurisdiction B.
 | 
| 20 |  |   (8) (Blank). Twenty-one senior public service  | 
| 21 |  | administrator positions within the Department of  | 
| 22 |  | Healthcare and Family Services, as set forth in this  | 
| 23 |  | paragraph (8), requiring the specific knowledge of  | 
| 24 |  | healthcare administration, healthcare finance, healthcare  | 
| 25 |  | data analytics, or information technology described are  | 
| 26 |  | exempt from jurisdiction B only to the extent that the  | 
|     | 
| |  |  | 10200HB1563sam001 | - 16 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | requirements of Sections 8b.1, 8b.3, and 8b.5 of this Code  | 
| 2 |  | need not be met. The General Assembly finds that these  | 
| 3 |  | positions are all senior policy makers and have  | 
| 4 |  | spokesperson authority for the Director of the Department  | 
| 5 |  | of Healthcare and Family Services. When filling positions  | 
| 6 |  | so designated, the Director of Healthcare and Family  | 
| 7 |  | Services shall cause a position description to be  | 
| 8 |  | published which allots points to various qualifications  | 
| 9 |  | desired. After scoring qualified applications, the  | 
| 10 |  | Director shall add Veteran's Preference points as  | 
| 11 |  | enumerated in Section 8b.7 of this Code. The following are  | 
| 12 |  | the minimum qualifications for the senior public service  | 
| 13 |  | administrator positions provided for in this paragraph  | 
| 14 |  | (8): | 
| 15 |  |    (A) HEALTHCARE ADMINISTRATION. | 
| 16 |  |     Medical Director: Licensed Medical Doctor in  | 
| 17 |  | good standing; experience in healthcare payment  | 
| 18 |  | systems, pay for performance initiatives, medical  | 
| 19 |  | necessity criteria or federal or State quality  | 
| 20 |  | improvement programs; preferred experience serving  | 
| 21 |  | Medicaid patients or experience in population  | 
| 22 |  | health programs with a large provider, health  | 
| 23 |  | insurer, government agency, or research  | 
| 24 |  | institution. | 
| 25 |  |     Chief, Bureau of Quality Management: Advanced  | 
| 26 |  | degree in health policy or health professional  | 
|     | 
| |  |  | 10200HB1563sam001 | - 17 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | field preferred; at least 3 years experience in  | 
| 2 |  | implementing or managing healthcare quality  | 
| 3 |  | improvement initiatives in a clinical setting. | 
| 4 |  |     Quality Management Bureau: Manager, Care  | 
| 5 |  | Coordination/Managed Care Quality: Clinical degree  | 
| 6 |  | or advanced degree in relevant field required;  | 
| 7 |  | experience in the field of managed care quality  | 
| 8 |  | improvement, with knowledge of HEDIS measurements,  | 
| 9 |  | coding, and related data definitions. | 
| 10 |  |     Quality Management Bureau: Manager, Primary  | 
| 11 |  | Care Provider Quality and Practice Development:  | 
| 12 |  | Clinical degree or advanced degree in relevant  | 
| 13 |  | field required; experience in practice  | 
| 14 |  | administration in the primary care setting with a  | 
| 15 |  | provider or a provider association or an  | 
| 16 |  | accrediting body; knowledge of practice standards  | 
| 17 |  | for medical homes and best evidence based  | 
| 18 |  | standards of care for primary care. | 
| 19 |  |     Director of Care Coordination Contracts and  | 
| 20 |  | Compliance: Bachelor's degree required; multi-year  | 
| 21 |  | experience in negotiating managed care contracts,  | 
| 22 |  | preferably on behalf of a payer; experience with  | 
| 23 |  | health care contract compliance. | 
| 24 |  |     Manager, Long Term Care Policy: Bachelor's  | 
| 25 |  | degree required; social work, gerontology, or  | 
| 26 |  | social service degree preferred; knowledge of  | 
|     | 
| |  |  | 10200HB1563sam001 | - 18 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Olmstead and other relevant court decisions  | 
| 2 |  | required; experience working with diverse long  | 
| 3 |  | term care populations and service systems, federal  | 
| 4 |  | initiatives to create long term care community  | 
| 5 |  | options, and home and community-based waiver  | 
| 6 |  | services required. The General Assembly finds that  | 
| 7 |  | this position is necessary for the timely and  | 
| 8 |  | effective implementation of this amendatory Act of  | 
| 9 |  | the 97th General Assembly.  | 
| 10 |  |     Manager, Behavioral Health Programs: Clinical  | 
| 11 |  | license or advanced degree required, preferably in  | 
| 12 |  | psychology, social work, or relevant field;  | 
| 13 |  | knowledge of medical necessity criteria and  | 
| 14 |  | governmental policies and regulations governing  | 
| 15 |  | the provision of mental health services to  | 
| 16 |  | Medicaid populations, including children and  | 
| 17 |  | adults, in community and institutional settings of  | 
| 18 |  | care. The General Assembly finds that this  | 
| 19 |  | position is necessary for the timely and effective  | 
| 20 |  | implementation of this amendatory Act of the 97th  | 
| 21 |  | General Assembly.  | 
| 22 |  |     Manager, Office of Accountable Care Entity  | 
| 23 |  | Development: Bachelor's degree required, clinical  | 
| 24 |  | degree or advanced degree in relevant field  | 
| 25 |  | preferred; experience in developing integrated  | 
| 26 |  | delivery systems, including knowledge of health  | 
|     | 
| |  |  | 10200HB1563sam001 | - 19 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | homes and evidence-based standards of care  | 
| 2 |  | delivery; multi-year experience in health care or  | 
| 3 |  | public health management; knowledge of federal ACO  | 
| 4 |  | or other similar delivery system requirements and  | 
| 5 |  | strategies for improving health care delivery. | 
| 6 |  |     Manager of Federal Regulatory Compliance:  | 
| 7 |  | Bachelor's degree required, advanced degree  | 
| 8 |  | preferred, in healthcare management or relevant  | 
| 9 |  | field; experience in healthcare administration or  | 
| 10 |  | Medicaid State Plan amendments preferred;  | 
| 11 |  | experience interpreting federal rules; experience  | 
| 12 |  | with either federal health care agency or with a  | 
| 13 |  | State agency in working with federal regulations. | 
| 14 |  |     Manager, Office of Medical Project Management:  | 
| 15 |  | Bachelor's degree required, project management  | 
| 16 |  | certification preferred; multi-year experience in  | 
| 17 |  | project management and developing business analyst  | 
| 18 |  | skills; leadership skills to manage multiple and  | 
| 19 |  | complex projects.  | 
| 20 |  |     Manager of Medicare/Medicaid Coordination:  | 
| 21 |  | Bachelor's degree required, knowledge and  | 
| 22 |  | experience with Medicare Advantage rules and  | 
| 23 |  | regulations, knowledge of Medicaid laws and  | 
| 24 |  | policies; experience with contract drafting  | 
| 25 |  | preferred. | 
| 26 |  |     Chief, Bureau of Eligibility Integrity:  | 
|     | 
| |  |  | 10200HB1563sam001 | - 20 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Bachelor's degree required, advanced degree in  | 
| 2 |  | public administration or business administration  | 
| 3 |  | preferred; experience equivalent to 4 years of  | 
| 4 |  | administration in a public or business  | 
| 5 |  | organization required; experience with managing  | 
| 6 |  | contract compliance required; knowledge of  | 
| 7 |  | Medicaid eligibility laws and policy preferred;  | 
| 8 |  | supervisory experience preferred. The General  | 
| 9 |  | Assembly finds that this position is necessary for  | 
| 10 |  | the timely and effective implementation of this  | 
| 11 |  | amendatory Act of the 97th General Assembly.  | 
| 12 |  |    (B) HEALTHCARE FINANCE. | 
| 13 |  |     Director of Care Coordination Rate and  | 
| 14 |  | Finance: MBA, CPA, or Actuarial degree required;  | 
| 15 |  | experience in managed care rate setting,  | 
| 16 |  | including, but not limited to, baseline costs and  | 
| 17 |  | growth trends; knowledge and experience with  | 
| 18 |  | Medical Loss Ratio standards and measurements. | 
| 19 |  |     Director of Encounter Data Program: Bachelor's  | 
| 20 |  | degree required, advanced degree preferred,  | 
| 21 |  | preferably in health care, business, or  | 
| 22 |  | information systems; at least 2 years healthcare  | 
| 23 |  | or other similar data reporting experience,  | 
| 24 |  | including, but not limited to, data definitions,  | 
| 25 |  | submission, and editing; background in HIPAA  | 
| 26 |  | transactions relevant to encounter data  | 
|     | 
| |  |  | 10200HB1563sam001 | - 21 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | submission; experience with large provider, health  | 
| 2 |  | insurer, government agency, or research  | 
| 3 |  | institution or other knowledge of healthcare  | 
| 4 |  | claims systems. | 
| 5 |  |     Manager of Medical Finance, Division of  | 
| 6 |  | Finance: Requires relevant advanced degree or  | 
| 7 |  | certification in relevant field, such as Certified  | 
| 8 |  | Public Accountant; coursework in business or  | 
| 9 |  | public administration, accounting, finance, data  | 
| 10 |  | analysis, or statistics preferred; experience in  | 
| 11 |  | control systems and GAAP; financial management  | 
| 12 |  | experience in a healthcare or government entity  | 
| 13 |  | utilizing Medicaid funding. | 
| 14 |  |    (C) HEALTHCARE DATA ANALYTICS. | 
| 15 |  |     Data Quality Assurance Manager: Bachelor's  | 
| 16 |  | degree required, advanced degree preferred,  | 
| 17 |  | preferably in business, information systems, or  | 
| 18 |  | epidemiology; at least 3 years of extensive  | 
| 19 |  | healthcare data reporting experience with a large  | 
| 20 |  | provider, health insurer, government agency, or  | 
| 21 |  | research institution; previous data quality  | 
| 22 |  | assurance role or formal data quality assurance  | 
| 23 |  | training. | 
| 24 |  |     Data Analytics Unit Manager: Bachelor's degree  | 
| 25 |  | required, advanced degree preferred, in  | 
| 26 |  | information systems, applied mathematics, or  | 
|     | 
| |  |  | 10200HB1563sam001 | - 22 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | another field with a strong analytics component;  | 
| 2 |  | extensive healthcare data reporting experience  | 
| 3 |  | with a large provider, health insurer, government  | 
| 4 |  | agency, or research institution; experience as a  | 
| 5 |  | business analyst interfacing between business and  | 
| 6 |  | information technology departments; in-depth  | 
| 7 |  | knowledge of health insurance coding and evolving  | 
| 8 |  | healthcare quality metrics; working knowledge of  | 
| 9 |  | SQL and/or SAS. | 
| 10 |  |     Data Analytics Platform Manager: Bachelor's  | 
| 11 |  | degree required, advanced degree preferred,  | 
| 12 |  | preferably in business or information systems;  | 
| 13 |  | extensive healthcare data reporting experience  | 
| 14 |  | with a large provider, health insurer, government  | 
| 15 |  | agency, or research institution; previous  | 
| 16 |  | experience working on a health insurance data  | 
| 17 |  | analytics platform; experience managing contracts  | 
| 18 |  | and vendors preferred. | 
| 19 |  |    (D) HEALTHCARE INFORMATION TECHNOLOGY. | 
| 20 |  |     Manager of MMIS Claims Unit: Bachelor's degree  | 
| 21 |  | required, with preferred coursework in business,  | 
| 22 |  | public administration, information systems;  | 
| 23 |  | experience equivalent to 4 years of administration  | 
| 24 |  | in a public or business organization; working  | 
| 25 |  | knowledge with design and implementation of  | 
| 26 |  | technical solutions to medical claims payment  | 
|     | 
| |  |  | 10200HB1563sam001 | - 23 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | systems; extensive technical writing experience,  | 
| 2 |  | including, but not limited to, the development of  | 
| 3 |  | RFPs, APDs, feasibility studies, and related  | 
| 4 |  | documents; thorough knowledge of IT system design,  | 
| 5 |  | commercial off the shelf software packages and  | 
| 6 |  | hardware components. | 
| 7 |  |     Assistant Bureau Chief, Office of Information  | 
| 8 |  | Systems: Bachelor's degree required, with  | 
| 9 |  | preferred coursework in business, public  | 
| 10 |  | administration, information systems; experience  | 
| 11 |  | equivalent to 5 years of administration in a  | 
| 12 |  | public or private business organization; extensive  | 
| 13 |  | technical writing experience, including, but not  | 
| 14 |  | limited to, the development of RFPs, APDs,  | 
| 15 |  | feasibility studies and related documents;  | 
| 16 |  | extensive healthcare technology experience with a  | 
| 17 |  | large provider, health insurer, government agency,  | 
| 18 |  | or research institution; experience as a business  | 
| 19 |  | analyst interfacing between business and  | 
| 20 |  | information technology departments; thorough  | 
| 21 |  | knowledge of IT system design, commercial off the  | 
| 22 |  | shelf software packages and hardware components. | 
| 23 |  |     Technical System Architect: Bachelor's degree  | 
| 24 |  | required, with preferred coursework in computer  | 
| 25 |  | science or information technology; prior  | 
| 26 |  | experience equivalent to 5 years of computer  | 
|     | 
| |  |  | 10200HB1563sam001 | - 24 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | science or IT administration in a public or  | 
| 2 |  | business organization; extensive healthcare  | 
| 3 |  | technology experience with a large provider,  | 
| 4 |  | health insurer, government agency, or research  | 
| 5 |  | institution; experience as a business analyst  | 
| 6 |  | interfacing between business and information  | 
| 7 |  | technology departments. | 
| 8 |  |  The provisions of this paragraph (8), other than this  | 
| 9 |  | sentence, are inoperative after January 1, 2014.  | 
| 10 |  | (Source: P.A. 99-45, eff. 7-15-15; 100-258, eff. 8-22-17;  | 
| 11 |  | 100-771, eff. 8-10-18.)
 | 
| 12 |  |  (20 ILCS 415/8) (from Ch. 127, par. 63b108)
 | 
| 13 |  |  Sec. 8. Rules. The Department Director of Central  | 
| 14 |  | Management Services shall adopt prepare
and submit to the  | 
| 15 |  | Civil Service Commission proposed rules for all positions
and  | 
| 16 |  | employees subject to this Act. Such rules may provide for such
 | 
| 17 |  | exemptions or modifications as may be necessary to assure the  | 
| 18 |  | continuity of
federal contributions in those agencies  | 
| 19 |  | supported in whole or in part by
federal funds. Such rules  | 
| 20 |  | shall provide for the implementation of
recruitment  | 
| 21 |  | requirements necessary to fulfill any agency's special needs,
 | 
| 22 |  | such as linguistic abilities or cultural knowledge, to better  | 
| 23 |  | serve the
residents of Illinois or to comply with federal or  | 
| 24 |  | other State
requirements. Upon compliance with the  | 
| 25 |  | requirements under The Illinois
Administrative Procedure Act  | 
|     | 
| |  |  | 10200HB1563sam001 | - 25 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | and filing with the Secretary of State such
rules or any part  | 
| 2 |  | thereof shall have the force and effect of law.
 | 
| 3 |  |  The rules and amendments thereto shall provide: | 
| 4 |  | (Source: P.A. 86-1004.)
 | 
| 5 |  |  (20 ILCS 415/8b) (from Ch. 127, par. 63b108b)
 | 
| 6 |  |  Sec. 8b. Jurisdiction B - Merit and fitness.  | 
| 7 |  |  (a) For positions in the State service subject to the  | 
| 8 |  | jurisdiction of the
Department of Central Management Services  | 
| 9 |  | with respect to selection
and tenure on the basis of merit and  | 
| 10 |  | fitness, those matters specified
in this Section and Sections  | 
| 11 |  | 8b.1 through 8b.17.
 | 
| 12 |  |  (b) Application, testing and hiring procedures for all  | 
| 13 |  | State
employment vacancies for positions not exempt under
 | 
| 14 |  | Section 4c shall be reduced to writing and made available to  | 
| 15 |  | the public via the Department's website or equivalent. All  | 
| 16 |  | vacant positions subject to Jurisdiction B shall be posted at  | 
| 17 |  | the State's hiring website and shall be filled according to  | 
| 18 |  | the Department's written procedures. The written procedures  | 
| 19 |  | shall be
provided to each State agency and university for  | 
| 20 |  | posting and public
inspection at each agency's office and each  | 
| 21 |  | university's placement office.
The Director shall also  | 
| 22 |  | annually prepare and distribute a listing of entry
level  | 
| 23 |  | non-professional and professional positions that are most  | 
| 24 |  | utilized by
State agencies under the jurisdiction of the  | 
| 25 |  | Governor. The position
listings shall identify the entry level  | 
|     | 
| |  |  | 10200HB1563sam001 | - 26 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | positions, localities of usage,
description of position duties  | 
| 2 |  | and responsibilities, salary ranges,
eligibility requirements  | 
| 3 |  | and test scheduling instructions. The position
listings shall  | 
| 4 |  | further identify special linguistic skills that may be
 | 
| 5 |  | required for any of the positions.
 | 
| 6 |  | (Source: P.A. 86-1004.)
 | 
| 7 |  |  (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
 | 
| 8 |  |  Sec. 8b.1. For assessment open competitive
examinations to  | 
| 9 |  | test the relative fitness of
applicants for the respective  | 
| 10 |  | positions. Assessment shall be designed to objectively  | 
| 11 |  | eliminate those who are not qualified for the position into  | 
| 12 |  | which they are applying, whether for entrance into State  | 
| 13 |  | service or for promotion within the service, and Tests shall  | 
| 14 |  | be designed to eliminate those who are not qualified for
 | 
| 15 |  | entrance into or promotion within the service, and to discover  | 
| 16 |  | the relative
fitness of those who are qualified. The Director  | 
| 17 |  | may use any one of or any
combination of the following  | 
| 18 |  | examination methods or equivalent, which in his judgment best
 | 
| 19 |  | serves this end: investigation of education; investigation of  | 
| 20 |  | experience;
test of cultural knowledge; test of capacity; test  | 
| 21 |  | of knowledge; test of
manual skill; test of linguistic  | 
| 22 |  | ability; test of character; test of
physical fitness; test of  | 
| 23 |  | psychological fitness. No person with a record of
misdemeanor  | 
| 24 |  | convictions except those under Sections 11-1.50, 11-6, 11-7,  | 
| 25 |  | 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,  | 
|     | 
| |  |  | 10200HB1563sam001 | - 27 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3,  | 
| 2 |  | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,  | 
| 3 |  | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and  | 
| 4 |  | paragraphs (1), (6), and (8) of subsection (a)
of Section 24-1  | 
| 5 |  | of the Criminal Code of 1961 or the Criminal Code of 2012, or
 | 
| 6 |  | arrested for any cause but not convicted thereon shall be  | 
| 7 |  | disqualified from
taking such examinations or subsequent  | 
| 8 |  | appointment, unless the person is
attempting to qualify for a  | 
| 9 |  | position which would give him the powers of a
peace officer, in  | 
| 10 |  | which case the person's conviction or arrest record may
be  | 
| 11 |  | considered as a factor in determining the person's fitness for  | 
| 12 |  | the
position. The eligibility conditions specified for the  | 
| 13 |  | position of
Assistant Director of Healthcare and Family  | 
| 14 |  | Services in the Department of Healthcare and Family Services  | 
| 15 |  | in Section
5-230 of the Departments of State Government Law of  | 
| 16 |  | the Civil Administrative Code of Illinois shall be applied to  | 
| 17 |  | that position in addition to other
standards, tests or  | 
| 18 |  | criteria established by the Director. All examinations
shall  | 
| 19 |  | be announced publicly at least 2 weeks in advance of the date  | 
| 20 |  | of the
examinations and may be advertised through the press,  | 
| 21 |  | radio and other
media. The Director may, however, in his  | 
| 22 |  | discretion, continue to receive
applications and examine  | 
| 23 |  | candidates long enough to assure a sufficient
number of  | 
| 24 |  | eligibles to meet the needs of the service and may add the  | 
| 25 |  | names
of successful candidates to existing eligible lists in  | 
| 26 |  | accordance with
their respective ratings.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 28 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  The Director may, in his discretion, accept the results of  | 
| 2 |  | competitive
examinations conducted by any merit system  | 
| 3 |  | established by federal law or by
the law of any state, and may  | 
| 4 |  | compile eligible lists therefrom or may add
the names of  | 
| 5 |  | successful candidates in examinations conducted by those merit
 | 
| 6 |  | systems to existing eligible lists in accordance with their  | 
| 7 |  | respective
ratings. No person who is a non-resident of the  | 
| 8 |  | State of Illinois may be
appointed from those eligible lists,  | 
| 9 |  | however, unless the requirement that
applicants be residents  | 
| 10 |  | of the State of Illinois is waived by the Director
of Central  | 
| 11 |  | Management Services and unless there are less than 3 Illinois
 | 
| 12 |  | residents available
for appointment from the appropriate  | 
| 13 |  | eligible list. The results of the
examinations conducted by  | 
| 14 |  | other merit systems may not be used unless they
are comparable  | 
| 15 |  | in difficulty and comprehensiveness to examinations
conducted  | 
| 16 |  | by the Department of Central Management Services
for similar  | 
| 17 |  | positions. Special
linguistic options may also be established  | 
| 18 |  | where deemed appropriate.
 | 
| 19 |  |  When an agency requests an open competitive eligible list  | 
| 20 |  | from the Department, the Director shall also provide to the  | 
| 21 |  | agency a Successful Disability Opportunities Program eligible  | 
| 22 |  | candidate list.  | 
| 23 |  | (Source: P.A. 101-192, eff. 1-1-20; 102-813, eff. 5-13-22.)
 | 
| 24 |  |  (20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3)
 | 
| 25 |  |  Sec. 8b.3. 
For the establishment of qualification  | 
|     | 
| |  |  | 10200HB1563sam001 | - 29 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | assessments of applicants to determine those candidates who  | 
| 2 |  | are eligible lists for appointment and
promotion and , upon  | 
| 3 |  | which lists shall be placed the names of successful
candidates  | 
| 4 |  | in order of their relative excellence in respective
 | 
| 5 |  | examinations. The Director may substitute rankings such as  | 
| 6 |  | superior,
excellent, well-qualified and qualified for  | 
| 7 |  | numerical ratings and establish qualification assessments or  | 
| 8 |  | assessment equivalents
eligible lists accordingly. The  | 
| 9 |  | Department may adopt rules regarding the assessment of  | 
| 10 |  | applicants and the appointment of qualified candidates. Such  | 
| 11 |  | rules may provide for lists by area or
location, by department  | 
| 12 |  | or other agency, for removal of those not available
for or  | 
| 13 |  | refusing employment, for minimum and maximum duration of such  | 
| 14 |  | lists,
and for such other provisions as may be necessary to  | 
| 15 |  | provide rapid and
satisfactory service to the operating  | 
| 16 |  | agencies. The Director may approve
the written request of an  | 
| 17 |  | agency or applicant to extend the eligibility of
a qualified  | 
| 18 |  | eligible candidate when the extension is necessary to assist  | 
| 19 |  | in
achieving affirmative action goals in employment. The  | 
| 20 |  | extended period of
eligibility shall not exceed the duration  | 
| 21 |  | of the original period of
eligibility and shall not be  | 
| 22 |  | renewed. The rules may authorize removal of
eligibles from  | 
| 23 |  | lists if those eligibles fail to furnish evidence
of  | 
| 24 |  | availability upon forms sent to them by the Director.
 | 
| 25 |  | (Source: P.A. 87-545.)
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 30 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  (20 ILCS 415/8b.4) (from Ch. 127, par. 63b108b.4)
 | 
| 2 |  |  Sec. 8b.4. 
For the rejection of candidates or eligibles  | 
| 3 |  | who fail to comply
with reasonable previously specified job  | 
| 4 |  | requirements of the Director in
regard to
training and  | 
| 5 |  | experience; who have been guilty of infamous or disgraceful
 | 
| 6 |  | conduct; or who have attempted any deception or fraud in
 | 
| 7 |  | connection with the hiring process an examination. The  | 
| 8 |  | Department may adopt rules and implement procedures regarding  | 
| 9 |  | candidate rejection. Those candidates who are alleged to have  | 
| 10 |  | attempted deception or fraud in connection with an examination  | 
| 11 |  | shall be afforded the opportunity to appeal and provide  | 
| 12 |  | information to support their appeal which shall be considered  | 
| 13 |  | when determining their eligibility as a candidate for  | 
| 14 |  | employment. 
 | 
| 15 |  | (Source: P.A. 102-617, eff. 1-1-22.)
 | 
| 16 |  |  (20 ILCS 415/8b.5) (from Ch. 127, par. 63b108b.5)
 | 
| 17 |  |  Sec. 8b.5. 
For the appointment of eligible candidates in  | 
| 18 |  | rank order the person standing among the 3 highest
on the  | 
| 19 |  | appropriate eligible list to fill a vacancy, or from the  | 
| 20 |  | highest
ranking group if the list is by rankings instead of  | 
| 21 |  | numerical ratings,
except as otherwise provided in Sections 4b  | 
| 22 |  | and 17a of this Act.
 | 
| 23 |  |  The Director may approve the appointment of a lower  | 
| 24 |  | ranking candidate when higher ranking candidates have been  | 
| 25 |  | exhausted or duly bypassed person from the next
lower ranking  | 
|     | 
| |  |  | 10200HB1563sam001 | - 31 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | group when the highest ranking group contains less than 3  | 
| 2 |  | eligibles.
 | 
| 3 |  | (Source: P.A. 86-12.)
 | 
| 4 |  |  (20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
 | 
| 5 |  |  Sec. 8b.6. For a period of probation not to exceed one year  | 
| 6 |  | before
appointment or promotion is complete, and during which  | 
| 7 |  | period a probationer
may with the consent of the Director of  | 
| 8 |  | Central Management Services, be separated,
discharged, or  | 
| 9 |  | reduced
in class or rank, or replaced on the eligible list.
For  | 
| 10 |  | a person appointed to a term appointment under Section 8b.18  | 
| 11 |  | or 8b.19,
the period of probation shall not be less than 6  | 
| 12 |  | months.
 | 
| 13 |  | (Source: P.A. 93-615, eff. 11-19-03.)
 | 
| 14 |  |  (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
 | 
| 15 |  |  Sec. 8b.7. Veteran preference. For the granting of  | 
| 16 |  | appropriate
preference in entrance examinations to qualified  | 
| 17 |  | veterans, persons who have been members
of the armed forces of  | 
| 18 |  | the United States or to qualified persons who, while
citizens  | 
| 19 |  | of the United States, were members of the armed forces of  | 
| 20 |  | allies of
the United States in time of hostilities with a  | 
| 21 |  | foreign country, and to certain
other persons as set forth in  | 
| 22 |  | this Section.
 | 
| 23 |  |  (a) As used in this Section:
 | 
| 24 |  |   (1) "Time of hostilities with a foreign country" means  | 
|     | 
| |  |  | 10200HB1563sam001 | - 32 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | any period of
time in the past, present, or future during  | 
| 2 |  | which a declaration of war by
the United States Congress  | 
| 3 |  | has been or is in effect or during which an
emergency  | 
| 4 |  | condition has been or is in effect that is recognized by  | 
| 5 |  | the
issuance of a Presidential proclamation or a  | 
| 6 |  | Presidential executive order
and in which the armed forces  | 
| 7 |  | expeditionary medal or other campaign service
medals are  | 
| 8 |  | awarded according to Presidential executive order.
 | 
| 9 |  |   (2) "Armed forces of the United States" means the  | 
| 10 |  | United States Army,
Navy, Air Force, Marine Corps, and  | 
| 11 |  | Coast Guard. Service in the Merchant
Marine that  | 
| 12 |  | constitutes active duty under Section 401 of federal  | 
| 13 |  | Public Law
95-202 shall also be considered service in the  | 
| 14 |  | Armed Forces of the United
States for purposes of this  | 
| 15 |  | Section. 
 | 
| 16 |  |   (3) "Veteran" means a member of the armed forces of  | 
| 17 |  | the United States, the Illinois National Guard, or a  | 
| 18 |  | reserve component of the armed forces of the United  | 
| 19 |  | States.  | 
| 20 |  |  (b) The preference granted under this Section shall be in  | 
| 21 |  | the form of points, or the equivalent,
added to the applicable  | 
| 22 |  | scores final grades of the persons if they otherwise qualify  | 
| 23 |  | and are
entitled to be considered for appointment appear on  | 
| 24 |  | the list of those eligible for appointments.
 | 
| 25 |  |  (c) A veteran is qualified for a preference of 10 points if  | 
| 26 |  | the veteran
currently holds proof of a service connected  | 
|     | 
| |  |  | 10200HB1563sam001 | - 33 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | disability from the United
States Department of Veterans  | 
| 2 |  | Affairs or an allied country or if the
veteran is a recipient  | 
| 3 |  | of the Purple Heart.
 | 
| 4 |  |  (d) A veteran who has served during a time of hostilities  | 
| 5 |  | with a foreign
country is qualified for a preference of 5  | 
| 6 |  | points if the veteran served
under one or more of the following  | 
| 7 |  | conditions:
 | 
| 8 |  |   (1) The veteran served a total of at least 6 months, or
 | 
| 9 |  |   (2) The veteran served for the duration of hostilities  | 
| 10 |  | regardless of
the length of engagement, or
 | 
| 11 |  |   (3) The veteran was discharged on the basis of  | 
| 12 |  | hardship, or
 | 
| 13 |  |   (4) The veteran was released from active duty because  | 
| 14 |  | of a service connected disability and was discharged under  | 
| 15 |  | honorable conditions.
 | 
| 16 |  |  (e) A person not eligible for a preference under  | 
| 17 |  | subsection (c) or (d)
is qualified for a preference of 3 points  | 
| 18 |  | if the person has served in the
armed forces of the United  | 
| 19 |  | States, the Illinois National Guard, or any
reserve component  | 
| 20 |  | of the armed forces of the United States if the person:
(1)  | 
| 21 |  | served for at least 6 months and has been discharged under  | 
| 22 |  | honorable
conditions; (2) has been discharged on the ground of  | 
| 23 |  | hardship; (3) was
released from active duty because of a  | 
| 24 |  | service connected disability; or (4) served a minimum of 4  | 
| 25 |  | years in the Illinois National Guard or reserve component of  | 
| 26 |  | the armed forces of the United States regardless of whether or  | 
|     | 
| |  |  | 10200HB1563sam001 | - 34 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | not the person was mobilized to active duty. An
active member  | 
| 2 |  | of the National Guard or a reserve component of the armed
 | 
| 3 |  | forces of the United States is eligible for the preference if  | 
| 4 |  | the member
meets the service requirements of this subsection  | 
| 5 |  | (e).
 | 
| 6 |  |  (f) The augmented ratings shall be used when determining  | 
| 7 |  | the rank order of persons to be appointed entitled to a  | 
| 8 |  | preference on eligible lists
shall be determined on the basis  | 
| 9 |  | of their augmented ratings. When the
Director establishes  | 
| 10 |  | eligible lists on the basis of category ratings such as
 | 
| 11 |  | "superior", "excellent", "well-qualified", and "qualified",  | 
| 12 |  | the veteran
eligibles in each such category shall be preferred  | 
| 13 |  | for appointment before the
non-veteran eligibles in the same  | 
| 14 |  | category.
 | 
| 15 |  |  (g) Employees in positions covered by jurisdiction B who,  | 
| 16 |  | while in good
standing, leave to engage in military service  | 
| 17 |  | during a period of hostility,
shall be given credit for  | 
| 18 |  | seniority purposes for time served in the armed
forces.
 | 
| 19 |  |  (h) A surviving unremarried spouse of a veteran who  | 
| 20 |  | suffered a service
connected death or the spouse of a veteran  | 
| 21 |  | who suffered a service connected
disability that prevents the  | 
| 22 |  | veteran from qualifying for civil service
employment shall be  | 
| 23 |  | entitled to the same preference to which the veteran
would  | 
| 24 |  | have been entitled under this Section.
 | 
| 25 |  |  (i) A preference shall also be given to the following  | 
| 26 |  | individuals: 10
points for one parent of an unmarried veteran  | 
|     | 
| |  |  | 10200HB1563sam001 | - 35 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | who suffered a service
connected death or a service connected  | 
| 2 |  | disability that prevents the veteran
from qualifying for civil  | 
| 3 |  | service employment. The first parent to receive a
civil  | 
| 4 |  | service appointment shall be the parent entitled to the  | 
| 5 |  | preference.
 | 
| 6 |  |  (j) The Department of Central Management Services shall  | 
| 7 |  | adopt rules and
implement procedures to verify that any person  | 
| 8 |  | seeking a preference under this
Section is entitled to the  | 
| 9 |  | preference. A person seeking a preference under
this Section  | 
| 10 |  | shall provide documentation or execute any consents or other
 | 
| 11 |  | documents required by the Department of Central Management  | 
| 12 |  | Services or any
other State department or agency to enable the  | 
| 13 |  | department or agency to verify
that the person is entitled to  | 
| 14 |  | the preference.
 | 
| 15 |  |  (k) If an applicant claims to be a veteran, the Department  | 
| 16 |  | of Central
Management Services must verify that status before  | 
| 17 |  | granting a veteran
preference by requiring a certified copy of  | 
| 18 |  | the applicant's most recent
DD214 (Certificate of Release or  | 
| 19 |  | Discharge from Active Duty), NGB-22 (Proof of National Guard  | 
| 20 |  | Service), or other evidence
of the applicant's most recent  | 
| 21 |  | honorable discharge from the Armed Forces of the
United States  | 
| 22 |  | that is determined to be acceptable by the Department of  | 
| 23 |  | Central
Management Services.
 | 
| 24 |  | (Source: P.A. 100-496, eff. 9-8-17.)
 | 
| 25 |  |  (20 ILCS 415/8b.8) (from Ch. 127, par. 63b108b.8)
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 36 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  Sec. 8b.8. 
For emergency appointments to any positions in  | 
| 2 |  | the State service
for a period not to exceed 90 60 days, to  | 
| 3 |  | meet emergency situations. Emergency
appointments may be made  | 
| 4 |  | without regard to competitive selection eligible lists but may  | 
| 5 |  | not be
renewed. Notice of such appointments and terminations  | 
| 6 |  | shall be reported
simultaneously to the Director of Central  | 
| 7 |  | Management Services.
 | 
| 8 |  | (Source: P.A. 82-789.)
 | 
| 9 |  |  (20 ILCS 415/8b.9) (from Ch. 127, par. 63b108b.9)
 | 
| 10 |  |  Sec. 8b.9. 
For temporary appointments to any positions in  | 
| 11 |  | the State service
which are determined to be temporary or  | 
| 12 |  | seasonal in nature by the Director
of Central Management  | 
| 13 |  | Services. Temporary appointments
may be made for not more than  | 
| 14 |  | 6 months
and may be taken from eligible lists to the extent  | 
| 15 |  | determined to be
practicable. No position in the State service  | 
| 16 |  | may be filled by temporary
appointment for more than 6 months  | 
| 17 |  | out of any 12 month period.
 | 
| 18 |  | (Source: P.A. 82-789.)
 | 
| 19 |  |  (20 ILCS 415/8b.10) (from Ch. 127, par. 63b108b.10)
 | 
| 20 |  |  Sec. 8b.10. 
For provisional appointment to a position  | 
| 21 |  | without competitive
qualification assessment examination when  | 
| 22 |  | there is no appropriate eligible list available. No
position  | 
| 23 |  | within jurisdiction B may be filled by provisional appointment  | 
| 24 |  | for
longer than 6 months out of any 12 month period.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 37 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | (Source: P.A. 76-628.)
 | 
| 2 |  |  (20 ILCS 415/8b.14) (from Ch. 127, par. 63b108b.14)
 | 
| 3 |  |  Sec. 8b.14. 
For the promotion of staff development and  | 
| 4 |  | utilization by means
of records of performance of all  | 
| 5 |  | employees in the State service. The
performance records may be  | 
| 6 |  | considered in determining salary increases,
provided in the  | 
| 7 |  | pay plan, and as a factor in promotion tests, or promotions.  | 
| 8 |  | The
performance records shall be considered as a factor in  | 
| 9 |  | determining salary
decreases, the order of layoffs because of  | 
| 10 |  | lack of funds or work,
reinstatement, demotions, discharges  | 
| 11 |  | and geographical transfers.
 | 
| 12 |  | (Source: Laws 1968, p. 472.)
 | 
| 13 |  |  (20 ILCS 415/8b.17) (from Ch. 127, par. 63b108b.17)
 | 
| 14 |  |  Sec. 8b.17. 
For trainee programs, and for the appointment  | 
| 15 |  | of persons to
positions in trainee programs, hereinafter  | 
| 16 |  | called "trainee appointments".
Trainee appointments may be  | 
| 17 |  | made with or without examination,
with consideration of the  | 
| 18 |  | needs of Illinois residents,
but may not
be made to positions  | 
| 19 |  | in any class that is not in a trainee program approved
by the  | 
| 20 |  | Director of Central
Management Services.
Trainee programs will  | 
| 21 |  | be developed with consideration of the need for
employees with  | 
| 22 |  | linguistic abilities or cultural knowledge. The Director
shall  | 
| 23 |  | work with the Department of Human Services and the
Department  | 
| 24 |  | of
Employment Security in trainee position placements for  | 
|     | 
| |  |  | 10200HB1563sam001 | - 38 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | those persons who
receive benefits from those Departments.
 | 
| 2 |  | Persons who receive trainee appointments do not
acquire any  | 
| 3 |  | rights under jurisdiction B of the Personnel Code by
virtue of  | 
| 4 |  | their appointments.
 | 
| 5 |  | (Source: P.A. 89-507, eff. 7-1-97.)
 | 
| 6 |  |  (20 ILCS 415/8b.18) (from Ch. 127, par. 63b108b.18)
 | 
| 7 |  |  Sec. 8b.18. Probationary separation Term Appointments. For  | 
| 8 |  | the separation of employees who fail to successfully complete  | 
| 9 |  | the probationary period with the prior approval of the  | 
| 10 |  | Director of Central Management Services. Unless otherwise  | 
| 11 |  | required by rule or the employee is a member of a collective  | 
| 12 |  | bargaining unit, the Director of Central Management Services  | 
| 13 |  | may approve a probationary separation when an employee fails  | 
| 14 |  | to satisfactorily complete the probationary period. (a)  | 
| 15 |  | Appointees for all positions not
subject to paragraphs (1),  | 
| 16 |  | (2), (3) and (6) of Section 4d in or above merit
compensation  | 
| 17 |  | grade 12 or its equivalent shall be appointed for a term of 4
 | 
| 18 |  | years. During the term of such appointments, Jurisdictions A,  | 
| 19 |  | B and C
shall apply to such positions. When a term expires, the  | 
| 20 |  | Director or
Chairman of the Department, Board or Commission in  | 
| 21 |  | which the position is
located, shall terminate the incumbent  | 
| 22 |  | or renew the term for another 4 year
term. Failure to renew the  | 
| 23 |  | term is not grievable or appealable to the
Civil Service  | 
| 24 |  | Commission.
 | 
| 25 |  |  For the purpose of implementing the above Section, the  | 
|     | 
| |  |  | 10200HB1563sam001 | - 39 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Director of Central
Management Services shall supply each such  | 
| 2 |  | Director or Chairman
with a list of employees selected  | 
| 3 |  | randomly by social security numbers in
his particular  | 
| 4 |  | Department, Board or Commission who are in salary
grades  | 
| 5 |  | subject to this Section on February 1, 1980. Such list shall  | 
| 6 |  | include
25% of all such employees in the Department, Board or  | 
| 7 |  | Commission. Those
employees shall only continue in State  | 
| 8 |  | employment in those positions if
an appointment is made  | 
| 9 |  | pursuant to this Section by the Director or Chairman
of that  | 
| 10 |  | Department, Board or Commission.
 | 
| 11 |  |  The same process shall occur on February 1, 1981, 1982 and  | 
| 12 |  | 1983 with an
additional 25% of the employees subject to this  | 
| 13 |  | Section who are employed
on January 1, 1980 being submitted by  | 
| 14 |  | the Director of Central Management
Services for appointment  | 
| 15 |  | each year.
 | 
| 16 |  |  New appointments to such positions after January 1, 1980  | 
| 17 |  | shall be appointed
pursuant to this Section.
 | 
| 18 |  |  The Director of Central Management Services may exempt  | 
| 19 |  | specific positions
in agencies receiving federal funds from  | 
| 20 |  | the operation of this Section if
he finds and reports to the  | 
| 21 |  | Speaker of the House and the President of the
Senate, after  | 
| 22 |  | good faith negotiations, that such exemption is necessary to
 | 
| 23 |  | maintain the availability of federal funds.
 | 
| 24 |  |  All positions, the duties and responsibilities of which  | 
| 25 |  | are wholly
professional but do not include policy-making or  | 
| 26 |  | major administrative
responsibilities and those positions  | 
|     | 
| |  |  | 10200HB1563sam001 | - 40 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | which have either salaries at
negotiated rates or salaries at  | 
| 2 |  | prevailing rates shall be exempt from the
provisions of this  | 
| 3 |  | Section.
 | 
| 4 |  |  (b) Beginning January 1, 1985 and thereafter, any  | 
| 5 |  | incumbent holding
probationary or certified status in a  | 
| 6 |  | position in or above merit
compensation grade 12 or its  | 
| 7 |  | equivalent and subject to paragraph (1), (2),
(3) or (6) of  | 
| 8 |  | Section 4d shall be subject to review and appointment for a
 | 
| 9 |  | term of 4 years unless such incumbent has received an  | 
| 10 |  | appointment or
renewal under paragraph (a) of this Section.  | 
| 11 |  | During the term of such
appointment, Jurisdiction A, B and C  | 
| 12 |  | shall apply to such incumbent. When a
term expires, the  | 
| 13 |  | Director or Chairman of the Department, Board or
Commission in  | 
| 14 |  | which the position is located, shall terminate the incumbent
 | 
| 15 |  | or renew the term for another 4 year term. Failure to renew the  | 
| 16 |  | term is not
grievable or appealable to the Civil Service  | 
| 17 |  | Commission.
 | 
| 18 |  | (Source: P.A. 83-1362; 83-1369; 83-1528.)
 | 
| 19 |  |  (20 ILCS 415/8b.19) (from Ch. 127, par. 63b108b.19)
 | 
| 20 |  |  Sec. 8b.19. Term appointments.  | 
| 21 |  |  (a) Appointees and renewal appointees
for all positions  | 
| 22 |  | not subject to paragraphs (1), (2), (3) and (6) of
Section 4d  | 
| 23 |  | in or above merit compensation grade 12 or its equivalent  | 
| 24 |  | shall
be appointed for a term of 4 years beginning on the  | 
| 25 |  | effective date of the
appointment or renewal. During the term  | 
|     | 
| |  |  | 10200HB1563sam001 | - 41 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | of such appointments,
Jurisdictions A, B and C shall apply to  | 
| 2 |  | such positions. When a term
expires, the Director or Chairman  | 
| 3 |  | of the Department, Board or Commission in
which the position  | 
| 4 |  | is located shall terminate the incumbent or renew the
term for  | 
| 5 |  | another 4 year term. Failure to renew the term is not grievable
 | 
| 6 |  | or appealable to the Civil Service Commission.
 | 
| 7 |  |  New appointments to such positions after the effective  | 
| 8 |  | date of this
amendatory Act of 1988 shall be appointed  | 
| 9 |  | pursuant to this Section.
 | 
| 10 |  |  The Director of Central Management Services may exempt  | 
| 11 |  | specific positions
in agencies receiving federal funds from  | 
| 12 |  | the operation of this Section if
he or she finds and reports to  | 
| 13 |  | the Speaker of the House and the President
of the Senate, after  | 
| 14 |  | good faith negotiations, that the exemption is
necessary to  | 
| 15 |  | maintain the availability of federal funds.
 | 
| 16 |  |  All positions, the duties and responsibilities of which  | 
| 17 |  | are wholly
professional but do not include policy making or  | 
| 18 |  | major administrative
responsibilities, and those positions  | 
| 19 |  | which have either salaries at
negotiated rates or salaries at  | 
| 20 |  | prevailing rates shall be exempt from the
provisions of this  | 
| 21 |  | Section.
 | 
| 22 |  |  (b) Any incumbent who has received an appointment or  | 
| 23 |  | renewal either
before the effective date of this amendatory  | 
| 24 |  | Act of 1988 or under paragraph
(a) of this Section and who is  | 
| 25 |  | holding probationary or certified status in
a position in or  | 
| 26 |  | above merit compensation grade 12 or its equivalent and
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 42 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | subject to paragraph (1), (2), (3) or (6) of Section 4d shall  | 
| 2 |  | be subject to
review and appointment when the term expires.  | 
| 3 |  | During the term of such
appointment, Jurisdictions A, B and C  | 
| 4 |  | shall apply to such incumbent. When
a term expires, the  | 
| 5 |  | Director or Chairman of the Department, Board or
Commission in  | 
| 6 |  | which the position is located shall terminate the incumbent
or  | 
| 7 |  | renew the term for another 4 year term. Failure to renew the  | 
| 8 |  | term is
not grievable or appealable to the Civil Service  | 
| 9 |  | Commission.
 | 
| 10 |  |  (c) The term of any person appointed to or renewed in a  | 
| 11 |  | term position
before the effective date of this amendatory Act  | 
| 12 |  | of 1988 shall expire 4
years after the effective date of the  | 
| 13 |  | appointment or renewal. However, appointment to a different  | 
| 14 |  | position, also subject to the 4-year term, shall restart the  | 
| 15 |  | 4-year term appointment period. 
 | 
| 16 |  |  (d) All appointments to and renewals in term positions  | 
| 17 |  | made before the
effective date of this amendatory Act of 1988  | 
| 18 |  | are ratified and confirmed.
 | 
| 19 |  | (Source: P.A. 85-1152.)
 | 
| 20 |  |  (20 ILCS 415/9) (from Ch. 127, par. 63b109)
 | 
| 21 |  |  Sec. 9. Director, powers and duties. The Director, as  | 
| 22 |  | executive
head of the Department, shall direct and supervise  | 
| 23 |  | all its
administrative and technical activities. In addition  | 
| 24 |  | to the duties
imposed upon him elsewhere in this law, it shall  | 
| 25 |  | be his duty:
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 43 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (1) To apply and carry out this law and the rules  | 
| 2 |  | adopted
thereunder.
 | 
| 3 |  |   (2) To attend meetings of the Commission.
 | 
| 4 |  |   (3) To establish and maintain a roster of all  | 
| 5 |  | employees subject to
this Act, in which there shall be set  | 
| 6 |  | forth, as to each employee, the
class, title, pay, status,  | 
| 7 |  | and other pertinent data.
 | 
| 8 |  |   (4) To appoint, subject to the provisions of this Act,  | 
| 9 |  | such
employees of the Department and such experts and  | 
| 10 |  | special assistants as
may be necessary to carry out  | 
| 11 |  | effectively this law.
 | 
| 12 |  |   (5) Subject to such exemptions or modifications as may  | 
| 13 |  | be necessary
to assure the continuity of federal  | 
| 14 |  | contributions in those agencies
supported in whole or in  | 
| 15 |  | part by federal funds, to make appointments to
vacancies;  | 
| 16 |  | to approve all written charges seeking discharge,  | 
| 17 |  | demotion,
or other disciplinary measures provided in this  | 
| 18 |  | Act and to approve
transfers of employees from one  | 
| 19 |  | geographical area to another in the
State, in offices,  | 
| 20 |  | positions or places of employment covered by this
Act,  | 
| 21 |  | after consultation with the operating unit.
 | 
| 22 |  |   (6) To formulate and administer service wide policies  | 
| 23 |  | and programs
for the improvement of employee  | 
| 24 |  | effectiveness, including training,
safety, health,  | 
| 25 |  | incentive recognition, counseling, welfare and employee
 | 
| 26 |  | relations. The Department shall formulate and administer  | 
|     | 
| |  |  | 10200HB1563sam001 | - 44 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | recruitment
plans and testing of potential employees for  | 
| 2 |  | agencies having direct
contact with significant numbers of  | 
| 3 |  | non-English speaking or otherwise
culturally distinct  | 
| 4 |  | persons. The Department shall require each State agency
to  | 
| 5 |  | annually assess the need for employees with appropriate  | 
| 6 |  | bilingual
capabilities to serve the significant numbers of  | 
| 7 |  | non-English speaking or
culturally distinct persons. The  | 
| 8 |  | Department shall develop a uniform
procedure for assessing  | 
| 9 |  | an agency's need for employees with appropriate
bilingual  | 
| 10 |  | capabilities. Agencies shall establish occupational titles  | 
| 11 |  | or
designate positions as "bilingual option" for persons  | 
| 12 |  | having sufficient
linguistic ability or cultural knowledge  | 
| 13 |  | to be able to render effective
service to such persons.  | 
| 14 |  | The Department shall ensure that any such option
is  | 
| 15 |  | exercised according to the agency's needs assessment and  | 
| 16 |  | the
requirements of this Code. The Department shall make  | 
| 17 |  | annual reports of the
needs assessment of each agency and  | 
| 18 |  | the number of positions calling for
non-English linguistic  | 
| 19 |  | ability to whom vacancy postings were sent, and the
number  | 
| 20 |  | filled by each agency. Such policies and programs shall be  | 
| 21 |  | subject
to approval by the Governor, provided that for  | 
| 22 |  | needs that require a certain linguistic ability that: (i)  | 
| 23 |  | have not been met for a posted position for a period of at  | 
| 24 |  | least one year; or (ii) arise when an individual's health  | 
| 25 |  | or safety would be placed in immediate risk, the  | 
| 26 |  | Department shall accept certifications of linguistic  | 
|     | 
| |  |  | 10200HB1563sam001 | - 45 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | competence from pre-approved third parties. To facilitate  | 
| 2 |  | expanding the scope of sources to demonstrate linguistic  | 
| 3 |  | competence, the Department shall issue standards for  | 
| 4 |  | demonstrating linguistic competence. No later than January  | 
| 5 |  | 2024, the Department shall authorize at least one if not  | 
| 6 |  | more community colleges in the regions involving the  | 
| 7 |  | counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,  | 
| 8 |  | Will, Sangamon, and 5 other geographically distributed  | 
| 9 |  | counties within the State to pre-test and certify  | 
| 10 |  | linguistic ability, and such certifications by candidates  | 
| 11 |  | shall be presumed to satisfy the linguistic ability  | 
| 12 |  | requirements for the job position. Such policies, program  | 
| 13 |  | reports and needs
assessment reports, as well as  | 
| 14 |  | linguistic certification standards, shall be filed with  | 
| 15 |  | the General Assembly
by January 1 of each year and shall be  | 
| 16 |  | available to the public.
 | 
| 17 |  |   The Department shall include within the report  | 
| 18 |  | required above
the number of persons receiving the  | 
| 19 |  | bilingual pay supplement established by
Section 8a.2 of  | 
| 20 |  | this Code. The report shall provide the number of persons
 | 
| 21 |  | receiving the bilingual pay supplement for languages other  | 
| 22 |  | than English and for
signing. The report shall also  | 
| 23 |  | indicate the number of persons, by the
categories of  | 
| 24 |  | Hispanic and non-Hispanic, who are receiving the bilingual  | 
| 25 |  | pay
supplement for language skills other than signing, in  | 
| 26 |  | a language other than
English.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 46 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (7) To conduct negotiations affecting pay, hours of  | 
| 2 |  | work, or other
working conditions of employees subject to  | 
| 3 |  | this Act.
 | 
| 4 |  |   (8) To make continuing studies to improve the  | 
| 5 |  | efficiency of State
services to the residents of Illinois,  | 
| 6 |  | including but not limited to those
who are non-English  | 
| 7 |  | speaking or culturally distinct, and to report his
 | 
| 8 |  | findings and recommendations to the Commission and the  | 
| 9 |  | Governor.
 | 
| 10 |  |   (9) To investigate from time to time the operation and  | 
| 11 |  | effect of
this law and the rules made thereunder and to  | 
| 12 |  | report his findings and
recommendations to the Commission  | 
| 13 |  | and to the
Governor.
 | 
| 14 |  |   (10) To make an annual report regarding the work of  | 
| 15 |  | the Department,
and such special reports as he may  | 
| 16 |  | consider desirable, to the Commission
and to the Governor,  | 
| 17 |  | or as the Governor or Commission may request.
 | 
| 18 |  |   (11) To make continuing studies to encourage State  | 
| 19 |  | employment for persons with disabilities, including, but  | 
| 20 |  | not limited to, the Successful Disability Opportunities  | 
| 21 |  | Program. (Blank).
 | 
| 22 |  |   (12) To make available on the Department's website  | 
| 23 |  | information regarding all exempt positions in State  | 
| 24 |  | service no less frequently than quarterly. To prepare and  | 
| 25 |  | publish a semi-annual statement showing the
number of  | 
| 26 |  | employees exempt and non-exempt from merit selection in  | 
|     | 
| |  |  | 10200HB1563sam001 | - 47 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | each
department. This report shall be in addition to other  | 
| 2 |  | information on
merit selection maintained for public  | 
| 3 |  | information under existing law.
 | 
| 4 |  |   (13) To establish policies to increase the flexibility  | 
| 5 |  | of the State work force for every department or agency  | 
| 6 |  | subject to Jurisdiction C, including the use of flexible  | 
| 7 |  | time, location, workloads, and positions. To authorize in  | 
| 8 |  | every department or agency subject to
Jurisdiction C the  | 
| 9 |  | use of flexible hours positions. A flexible hours
position  | 
| 10 |  | is one that does not require an ordinary work schedule as
 | 
| 11 |  | determined by the Department and includes but is not  | 
| 12 |  | limited to: 1) a
part time job of 20 hours or more per  | 
| 13 |  | week, 2) a job which is shared by
2 employees or a  | 
| 14 |  | compressed work week consisting of an ordinary number
of  | 
| 15 |  | working hours performed on fewer than the number of days  | 
| 16 |  | ordinarily
required to perform that job. The Department  | 
| 17 |  | may define flexible time, location, workloads, and  | 
| 18 |  | positions based on a variety of relevant factors,  | 
| 19 |  | including, but not limited to, State operational needs
to  | 
| 20 |  | include other types of jobs that are defined above.
 | 
| 21 |  |   The Director and the director of each department or  | 
| 22 |  | agency shall
together establish goals for flexibility  | 
| 23 |  | flexible hours positions to be available in
every  | 
| 24 |  | department or agency.
 | 
| 25 |  |   The Department shall give technical assistance to  | 
| 26 |  | departments and
agencies in achieving their goals, and  | 
|     | 
| |  |  | 10200HB1563sam001 | - 48 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | shall report to the Governor and
the General Assembly each  | 
| 2 |  | year on the progress of each department and
agency.
 | 
| 3 |  |   When a goal of 10% of the positions in a department or  | 
| 4 |  | agency being
available on a flexible hours basis has been  | 
| 5 |  | reached, the Department
shall evaluate the effectiveness  | 
| 6 |  | and efficiency of the program and
determine whether to  | 
| 7 |  | expand the number of positions available for
flexible  | 
| 8 |  | hours to 20%.
 | 
| 9 |  |   When a goal of 20% of the positions in a department or  | 
| 10 |  | agency being
available on a flexible hours basis has been  | 
| 11 |  | reached, the Department
shall evaluate the effectiveness  | 
| 12 |  | and efficiency of the program and
determine whether to  | 
| 13 |  | expand the number of positions available for
flexible  | 
| 14 |  | hours.
 | 
| 15 |  |   Each department shall develop a plan for  | 
| 16 |  | implementation of flexible
work requirements designed to  | 
| 17 |  | reduce the need for day care of employees'
children  | 
| 18 |  | outside the home. Each department shall submit a report of  | 
| 19 |  | its
plan to the Department of Central Management Services  | 
| 20 |  | and the General
Assembly. This report shall be submitted  | 
| 21 |  | biennially by March 1, with the
first report due March 1,  | 
| 22 |  | 1993.
 | 
| 23 |  |   (14) To perform any other lawful acts which he may  | 
| 24 |  | consider
necessary or desirable to carry out the purposes  | 
| 25 |  | and provisions of this
law.
 | 
| 26 |  |  The requirement for reporting to the General Assembly  | 
|     | 
| |  |  | 10200HB1563sam001 | - 49 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | shall be satisfied
by filing copies of the report as required  | 
| 2 |  | by Section 3.1 of the General Assembly Organization Act, and
 | 
| 3 |  | filing such additional copies with the State Government Report  | 
| 4 |  | Distribution
Center for the General Assembly as is required  | 
| 5 |  | under paragraph (t) of
Section 7 of the State Library Act.
 | 
| 6 |  | (Source: P.A. 102-952, eff. 1-1-23.)
 | 
| 7 |  |  (20 ILCS 415/10) (from Ch. 127, par. 63b110)
 | 
| 8 |  |  Sec. 10. Duties and powers of the Commission. The Civil  | 
| 9 |  | Service Commission shall have duties and powers as follows:
 | 
| 10 |  |   (1) Upon written recommendations by the Director of  | 
| 11 |  | the Department
of Central Management Services to exempt  | 
| 12 |  | from jurisdiction B of this Act
positions which, in the  | 
| 13 |  | judgment of the Commission, involve either
principal  | 
| 14 |  | administrative responsibility for the determination of  | 
| 15 |  | policy or
principal administrative responsibility for the  | 
| 16 |  | way in which policies are
carried out. This authority may  | 
| 17 |  | not be exercised, however, with respect to
the position of  | 
| 18 |  | Assistant Director of Healthcare and Family Services in  | 
| 19 |  | the Department of Healthcare and Family Services.
 | 
| 20 |  |   (2) To require such special reports from the Director  | 
| 21 |  | as it may
consider desirable.
 | 
| 22 |  |   (3) (Blank). To disapprove original rules or any part  | 
| 23 |  | thereof within 90 days
and any amendment thereof within 30  | 
| 24 |  | days after the submission of such
rules to the Civil  | 
| 25 |  | Service Commission by the Director, and to disapprove
any  | 
|     | 
| |  |  | 10200HB1563sam001 | - 50 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | amendments thereto in the same manner.
 | 
| 2 |  |   (4) To approve or disapprove within 60 days from date  | 
| 3 |  | of submission
the position classification plan submitted  | 
| 4 |  | by the Director as provided
in the rules, and any  | 
| 5 |  | revisions thereof within 30 days from the date of
 | 
| 6 |  | submission.
 | 
| 7 |  |   (5) To hear appeals of employees who do not accept the  | 
| 8 |  | allocation of
their positions under the position  | 
| 9 |  | classification plan.
 | 
| 10 |  |   (6) To hear and determine written charges filed  | 
| 11 |  | seeking the
discharge, demotion of employees and  | 
| 12 |  | suspension totaling more than
thirty days in any 12-month  | 
| 13 |  | period, as provided in Section 11 hereof,
and appeals from  | 
| 14 |  | transfers from one geographical area in the State to
 | 
| 15 |  | another, and in connection therewith to administer oaths,  | 
| 16 |  | subpoena
witnesses, and compel the production of books and  | 
| 17 |  | papers.
 | 
| 18 |  |   (7) The fees of subpoenaed witnesses under this Act  | 
| 19 |  | for attendance and
travel shall be the same as fees of  | 
| 20 |  | witnesses before the circuit courts
of the State, such  | 
| 21 |  | fees to be paid when the witness is excused from further
 | 
| 22 |  | attendance. Whenever a subpoena is issued the Commission  | 
| 23 |  | may require that
the cost of service and the fee of the  | 
| 24 |  | witness shall be borne by the party
at whose insistence  | 
| 25 |  | the witness is summoned. The Commission has the power,
at  | 
| 26 |  | its discretion, to require a deposit from such party to  | 
|     | 
| |  |  | 10200HB1563sam001 | - 51 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | cover the cost
of service and witness fees and the payment  | 
| 2 |  | of the legal witness fee and
mileage to the witness served  | 
| 3 |  | with the subpoena. A subpoena issued under
this Act shall  | 
| 4 |  | be served in the same manner as a subpoena issued out of a  | 
| 5 |  | court.
 | 
| 6 |  |   Upon the failure or refusal to obey a subpoena, a  | 
| 7 |  | petition shall be prepared
by the party serving the  | 
| 8 |  | subpoena for enforcement in the circuit court of
the  | 
| 9 |  | county in which the person to whom the subpoena was  | 
| 10 |  | directed either
resides or has his or her principal place  | 
| 11 |  | of business.
 | 
| 12 |  |   Not less than five days before the petition is filed  | 
| 13 |  | in the appropriate
court, it shall be served on the person  | 
| 14 |  | along with a notice of the time and
place the petition is  | 
| 15 |  | to be presented.
 | 
| 16 |  |   Following a hearing on the petition, the circuit court  | 
| 17 |  | shall have
jurisdiction to enforce subpoenas issued  | 
| 18 |  | pursuant to this Section.
 | 
| 19 |  |   On motion and for good cause shown the Commission may  | 
| 20 |  | quash or modify
any subpoena.
 | 
| 21 |  |   (8) To make an annual report regarding the work of the  | 
| 22 |  | Commission to
the Governor, such report to be a public  | 
| 23 |  | report.
 | 
| 24 |  |   (9) If any violation of this Act is found, the  | 
| 25 |  | Commission shall
direct compliance in writing.
 | 
| 26 |  |   (10) To appoint a full-time executive secretary and  | 
|     | 
| |  |  | 10200HB1563sam001 | - 52 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | such other
employees, experts, and special assistants as  | 
| 2 |  | may be necessary to carry
out the powers and duties of the  | 
| 3 |  | Commission under this Act and
employees, experts, and  | 
| 4 |  | special assistants so appointed by the
Commission shall be  | 
| 5 |  | subject to the provisions of jurisdictions A, B and
C of  | 
| 6 |  | this Act. These powers and duties supersede any contrary  | 
| 7 |  | provisions
herein contained.
 | 
| 8 |  |   (11) To make rules to carry out and implement their  | 
| 9 |  | powers and
duties under this Act, with authority to amend  | 
| 10 |  | such rules from time to
time.
 | 
| 11 |  |   (12) To hear or conduct investigations as it deems  | 
| 12 |  | necessary of appeals
of layoff filed by employees  | 
| 13 |  | appointed under Jurisdiction B after examination
provided  | 
| 14 |  | that such appeals are filed within 15 calendar days  | 
| 15 |  | following the
effective date of such layoff and are made  | 
| 16 |  | on the basis that the provisions
of the Personnel Code or  | 
| 17 |  | of the Rules of the Department of Central Management
 | 
| 18 |  | Services relating to layoff have been violated or have not
 | 
| 19 |  | been complied with.
 | 
| 20 |  |   All hearings shall be public. A decision shall be  | 
| 21 |  | rendered within 60 days
after receipt of the transcript of  | 
| 22 |  | the proceedings. The Commission shall
order the  | 
| 23 |  | reinstatement of the employee if it is proven that the  | 
| 24 |  | provisions
of the Personnel Code or of the rules of the  | 
| 25 |  | Department of Central Management
Services relating to  | 
| 26 |  | layoff have been violated or have not been
complied with.  | 
|     | 
| |  |  | 10200HB1563sam001 | - 53 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | In connection therewith the Commission may administer  | 
| 2 |  | oaths,
subpoena witnesses, and compel the production of  | 
| 3 |  | books and papers.
 | 
| 4 |  |   (13) Whenever the Civil Service Commission is
 | 
| 5 |  | authorized or required by law to consider some aspect of  | 
| 6 |  | criminal history
record information for the purpose of  | 
| 7 |  | carrying out its statutory powers and
responsibilities,  | 
| 8 |  | then, upon request and payment of fees in conformance
with  | 
| 9 |  | the requirements of Section 2605-400 of the Illinois State  | 
| 10 |  | Police Law, the Illinois State Police is
authorized to  | 
| 11 |  | furnish, pursuant to positive identification, such
 | 
| 12 |  | information contained in State files as is necessary to  | 
| 13 |  | fulfill the request.
 | 
| 14 |  | (Source: P.A. 102-538, eff. 8-20-21.)
 | 
| 15 |  |  (20 ILCS 415/12f) | 
| 16 |  |  Sec. 12f. Merit compensation/salary grade employees;  | 
| 17 |  | layoffs. | 
| 18 |  |  (a) Each State agency shall make every attempt to minimize  | 
| 19 |  | the number of its employees that are laid off. In an effort to  | 
| 20 |  | minimize layoffs, each merit compensation/salary grade  | 
| 21 |  | employee who is subject to layoff shall be offered any vacant  | 
| 22 |  | positions for the same title held by that employee within the  | 
| 23 |  | same agency and county from which the employee is subject to  | 
| 24 |  | layoff and within 2 additional alternate counties designated  | 
| 25 |  | by the employee (or 3 additional counties if the employee's  | 
|     | 
| |  |  | 10200HB1563sam001 | - 54 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | facility or office is closing), excluding titles that are  | 
| 2 |  | subject to collective bargaining. If no such vacancies exist,  | 
| 3 |  | then the employee shall be eligible for reemployment for a  | 
| 4 |  | period of 3 years, commencing with the date of layoff. The  | 
| 5 |  | Department may adopt rules and implement procedures for  | 
| 6 |  | reemployment placed on the agency's reemployment list for (i)  | 
| 7 |  | the title from which the employee was laid off and (ii) any  | 
| 8 |  | other titles or successor titles previously held by that  | 
| 9 |  | employee in which the employee held certified status within  | 
| 10 |  | the county from which the employee was laid off and within 2  | 
| 11 |  | additional alternate counties designated by the employee (or 3  | 
| 12 |  | additional counties if the employee's facility or office is  | 
| 13 |  | closing), excluding titles that are subject to collective  | 
| 14 |  | bargaining. Laid-off employees shall remain on a reemployment  | 
| 15 |  | list for 3 years, commencing with the date of layoff. | 
| 16 |  |  (b) Merit compensation/salary grade employees who are laid  | 
| 17 |  | off shall be extended the same medical and dental insurance  | 
| 18 |  | benefits to which employees laid off from positions subject to  | 
| 19 |  | collective bargaining are entitled and on the same terms. | 
| 20 |  |  (c) Employees laid off from merit compensation/salary  | 
| 21 |  | grade positions may apply to be qualified for any titles  | 
| 22 |  | subject to collective bargaining. | 
| 23 |  |  (d) Merit compensation/salary grade employees subject to  | 
| 24 |  | layoff shall be given 30 days' notice of the layoff.  | 
| 25 |  | Information about all A list of all current vacancies of all  | 
| 26 |  | titles within the agency shall be provided to the employee  | 
|     | 
| |  |  | 10200HB1563sam001 | - 55 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | with the notice of the layoff.
 | 
| 2 |  | (Source: P.A. 93-839, eff. 7-30-04.)
 | 
| 3 |  |  (20 ILCS 415/13) (from Ch. 127, par. 63b113)
 | 
| 4 |  |  Sec. 13. Unlawful acts prohibited. 
 | 
| 5 |  |  (1) No person shall make any false statement, certificate,  | 
| 6 |  | mark, rating,
or report with regard to any test,  | 
| 7 |  | certification, or appointment made under
any provision of this  | 
| 8 |  | law, or in any manner commit or attempt to commit any
fraud  | 
| 9 |  | preventing the impartial execution of this law and the rules.
 | 
| 10 |  |  (2) No person shall, directly or indirectly, give, render,  | 
| 11 |  | pay, offer,
solicit, or accept any money, service, or other  | 
| 12 |  | valuable consideration for
or on account of any appointment,  | 
| 13 |  | proposed appointment, promotion, or
proposed promotion to, or  | 
| 14 |  | any advantage in, a position in the State
service.
 | 
| 15 |  |  (3) No person shall defeat, deceive, or obstruct any  | 
| 16 |  | person in his right
to a qualification assessment examination,  | 
| 17 |  | eligibility, certification, or appointment under this law,
or  | 
| 18 |  | furnish to any person any special or secret information for  | 
| 19 |  | the purpose
of affecting the rights or prospects of any person  | 
| 20 |  | with respect to
employment in the State service.
 | 
| 21 |  |  (4) No person may enter into any agreement under which a  | 
| 22 |  | State
employee is offered or assured of re-employment in the  | 
| 23 |  | same department or
agency after the employee's resignation  | 
| 24 |  | from State employment for the
purpose of receiving payment for  | 
| 25 |  | accrued vacation, overtime, sick leave or
personal leave, or  | 
|     | 
| |  |  | 10200HB1563sam001 | - 56 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | for the purpose of receiving a refund of the employee's
 | 
| 2 |  | accumulated pension contributions.
 | 
| 3 |  | (Source: P.A. 87-384.)
 | 
| 4 |  |  (20 ILCS 415/14) (from Ch. 127, par. 63b114)
 | 
| 5 |  |  Sec. 14. Records of the Department of Central Management  | 
| 6 |  | Services. The records of the Department, including original  | 
| 7 |  | and promotional
eligible registers, except such records as the  | 
| 8 |  | rules may properly require
to be held confidential for reasons  | 
| 9 |  | of public policy, shall be public
records and shall be open to  | 
| 10 |  | public inspection, subject to reasonable
regulations as to the  | 
| 11 |  | time and manner of inspection which may be prescribed
by the  | 
| 12 |  | Director.
 | 
| 13 |  | (Source: P.A. 85-1152.)
 | 
| 14 |  |  (20 ILCS 415/17a) (from Ch. 127, par. 63b117a)
 | 
| 15 |  |  Sec. 17a. 
Appointment of federal
employees to State  | 
| 16 |  | positions.
At the discretion of the Director of Central  | 
| 17 |  | Management Services,
any certified or
probationary employee of  | 
| 18 |  | any Federal office, agency or institution in the
State of  | 
| 19 |  | Illinois which is closed by the Federal Government may be
 | 
| 20 |  | appointed to a comparable position in State service, without  | 
| 21 |  | competitive selection
examination. Such persons will attain  | 
| 22 |  | certified status provided they pass a
qualifying examination  | 
| 23 |  | prescribed by the Director within 6 months after
being so  | 
| 24 |  | appointed, and provided they thereafter satisfactorily  | 
|     | 
| |  |  | 10200HB1563sam001 | - 57 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | complete
their respective probationary periods. Such  | 
| 2 |  | qualifying examinations shall
be of the same kind as those  | 
| 3 |  | required for entrance examinations for
comparable positions.  | 
| 4 |  | Appointments of such employees shall be without
regard to the  | 
| 5 |  | competitive selection process eligible lists and without  | 
| 6 |  | regard to the provisions of this Code
requiring the  | 
| 7 |  | appointment of the person standing among the three highest on
 | 
| 8 |  | the appropriate eligible list to fill a vacancy or from the  | 
| 9 |  | highest
category ranking group if the list is by rankings  | 
| 10 |  | instead of numerical
ratings. Nothing herein shall preclude  | 
| 11 |  | the reclassification or reallocation
as provided by this Act  | 
| 12 |  | of any position held by any person appointed
pursuant to this  | 
| 13 |  | Section.
 | 
| 14 |  | (Source: P.A. 82-789.)
 | 
| 15 |  |  (20 ILCS 415/17b) | 
| 16 |  |  Sec. 17b. Trainee program for persons with a disability. | 
| 17 |  |  (a) Notwithstanding any other provision of law, on and  | 
| 18 |  | after July 1, 2020, each State agency with 1,500 employees or  | 
| 19 |  | more shall, and each executive branch constitutional officer  | 
| 20 |  | may, offer at least one position per year to be filled by a  | 
| 21 |  | person with a disability, as defined by the federal Americans  | 
| 22 |  | with Disabilities Act, through an established trainee program.  | 
| 23 |  | Agencies with fewer than 1,500 employees may also elect to  | 
| 24 |  | participate in the program. The trainee position shall last  | 
| 25 |  | for a period of at least 6 months and shall require the trainee  | 
|     | 
| |  |  | 10200HB1563sam001 | - 58 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | to participate in the trainee program for at least 20 hours per  | 
| 2 |  | week. The program shall be administered by the Department of  | 
| 3 |  | Central Management Services. The Department of Central  | 
| 4 |  | Management Services shall conduct an initial assessment of  | 
| 5 |  | potential candidates, and the hiring agency or officer shall  | 
| 6 |  | conduct a final assessment interview. Upon successful  | 
| 7 |  | completion of the trainee program, the respective agency or  | 
| 8 |  | officer shall certify issue a certificate of completion of the  | 
| 9 |  | trainee program, with final approval provided by which shall  | 
| 10 |  | be sent to the Department of Central Management Services for  | 
| 11 |  | final approval. Individuals who successfully complete a  | 
| 12 |  | trainee appointment under this Section are eligible for  | 
| 13 |  | promotion to the target title without further examination. The  | 
| 14 |  | Department of Central Management Services, in cooperation with  | 
| 15 |  | the Employment and Economic Opportunity for Persons with  | 
| 16 |  | Disabilities Task Force, may shall adopt rules to implement  | 
| 17 |  | and administer the trainee program for persons with  | 
| 18 |  | disabilities, including, but not limited to, establishing  | 
| 19 |  | non-political selection criteria, implementing an assessment  | 
| 20 |  | and interview process, if necessary, that accommodates persons  | 
| 21 |  | with a disability, and linking trainee programs to targeted  | 
| 22 |  | full-time position titles.  | 
| 23 |  |  (b) The Employment and Economic Opportunity for Persons  | 
| 24 |  | with Disabilities Task Force shall prepare an annual report to  | 
| 25 |  | be submitted to the Governor and the General Assembly that  | 
| 26 |  | includes: (1) best practices for helping persons with a  | 
|     | 
| |  |  | 10200HB1563sam001 | - 59 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | disability gain employment; (2) proposed rules for adoption by  | 
| 2 |  | the Department of Central Management Services for the  | 
| 3 |  | administration and implementation of the trainee program under  | 
| 4 |  | this Section; (3) the number of agencies that participated in  | 
| 5 |  | the trainee program under this Section in the previous  | 
| 6 |  | calendar year; and (4) the number of individuals who  | 
| 7 |  | participated in the trainee program who became full-time  | 
| 8 |  | employees of the State at the conclusion of the trainee  | 
| 9 |  | program. 
 | 
| 10 |  | (Source: P.A. 101-533, eff. 8-23-19.)
 | 
| 11 |  |  (20 ILCS 415/8b.5-1 rep.)
 | 
| 12 |  |  (20 ILCS 415/8d.1 rep.)
 | 
| 13 |  |  (20 ILCS 415/12a rep.)
 | 
| 14 |  |  (20 ILCS 415/12b rep.)
 | 
| 15 |  |  (20 ILCS 415/12c rep.)
 | 
| 16 |  |  (20 ILCS 415/17 rep.)
 | 
| 17 |  |  Section 40. The Personnel Code is amended by repealing  | 
| 18 |  | Sections 8b.5-1, 8d.1, 12a, 12b, 12c, and 17. | 
| 19 |  |  Section 45. The Department of Public Health Powers and  | 
| 20 |  | Duties Law of the
Civil Administrative Code of Illinois is  | 
| 21 |  | amended by changing Section 2310-347 as follows: | 
| 22 |  |  (20 ILCS 2310/2310-347)
 | 
| 23 |  |  Sec. 2310-347. The Carolyn Adams Ticket For The Cure  | 
|     | 
| |  |  | 10200HB1563sam001 | - 60 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Board. | 
| 2 |  |  (a) The Carolyn Adams Ticket For The Cure Board is created  | 
| 3 |  | as an advisory board within the Department. Until 30 days  | 
| 4 |  | after the effective date of this amendatory Act of the 97th  | 
| 5 |  | General Assembly, the Board may consist of 10 members as  | 
| 6 |  | follows: 2 members appointed by the President of the Senate; 2  | 
| 7 |  | members appointed by the Minority Leader of the Senate; 2  | 
| 8 |  | members appointed by the Speaker of the House of  | 
| 9 |  | Representatives; 2 members appointed by the Minority Leader of  | 
| 10 |  | the House of Representatives; and 2 members appointed by the  | 
| 11 |  | Governor with the advice and consent of the Senate, one of whom  | 
| 12 |  | shall be designated as chair of the Board at the time of  | 
| 13 |  | appointment. | 
| 14 |  |  (a-5) Notwithstanding any provision of this Article to the  | 
| 15 |  | contrary, the term of office of each current Board member ends  | 
| 16 |  | 30 days after the effective date of this amendatory Act of the  | 
| 17 |  | 97th General Assembly or when his or her successor is  | 
| 18 |  | appointed and qualified, whichever occurs sooner. No later  | 
| 19 |  | than 30 days after the effective date of this amendatory Act of  | 
| 20 |  | the 97th General Assembly, the Board shall consist of 10 newly  | 
| 21 |  | appointed members. Four of the Board members shall be members  | 
| 22 |  | of the General Assembly and appointed as follows: one member  | 
| 23 |  | appointed by the President of the Senate; one member appointed  | 
| 24 |  | by the Minority Leader of the Senate; one member appointed by  | 
| 25 |  | the Speaker of the House of Representatives; and one member  | 
| 26 |  | appointed by the Minority Leader of the House of  | 
|     | 
| |  |  | 10200HB1563sam001 | - 61 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Representatives. | 
| 2 |  |  Six of the Board members shall be appointed by the  | 
| 3 |  | Director of the Department of Public Health, who shall  | 
| 4 |  | designate one of these appointed members as chair of the Board  | 
| 5 |  | at the time of his or her appointment. These 6 members  | 
| 6 |  | appointed by the Director shall reflect the population with  | 
| 7 |  | regard to ethnic, racial, and geographical composition and  | 
| 8 |  | shall include the following individuals: one breast cancer  | 
| 9 |  | survivor; one physician specializing in breast cancer or  | 
| 10 |  | related medical issues; one breast cancer researcher; one  | 
| 11 |  | representative from a breast cancer organization; one  | 
| 12 |  | individual who operates a patient navigation program at a  | 
| 13 |  | major hospital or health system; and one breast cancer  | 
| 14 |  | professional that may include, but not be limited to, a  | 
| 15 |  | genetics counselor, a social worker, a detain, an occupational  | 
| 16 |  | therapist, or a nurse. | 
| 17 |  |  A Board member whose term has expired may continue to  | 
| 18 |  | serve until a successor is appointed. A Board member who is not  | 
| 19 |  | a member of the General Assembly may serve 2 consecutive  | 
| 20 |  | 3-year terms and shall not be reappointed for 3 years after the  | 
| 21 |  | completion of those consecutive terms.  | 
| 22 |  |  (b) Board members shall serve without compensation but may  | 
| 23 |  | be reimbursed for their reasonable travel expenses incurred in  | 
| 24 |  | performing their duties from funds available for that purpose.  | 
| 25 |  | The Department shall provide staff and administrative support  | 
| 26 |  | services to the Board. | 
|     | 
| |  |  | 10200HB1563sam001 | - 62 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  (c) The Board may advise: | 
| 2 |  |   (i) the Department of Revenue in designing and  | 
| 3 |  | promoting the Carolyn Adams Ticket For The Cure special  | 
| 4 |  | instant scratch-off lottery game; | 
| 5 |  |   (ii) the Department in reviewing grant applications;  | 
| 6 |  | and | 
| 7 |  |   (iii) the Director on the final award of grants from  | 
| 8 |  | amounts appropriated from the Carolyn Adams Ticket For The  | 
| 9 |  | Cure Grant Fund, to public or private entities in Illinois  | 
| 10 |  | that reflect the population with regard to ethnic, racial,  | 
| 11 |  | and geographic geographical composition for the purpose of  | 
| 12 |  | funding breast cancer research and supportive services for  | 
| 13 |  | breast cancer survivors and those impacted by breast  | 
| 14 |  | cancer and breast cancer education. In awarding grants,  | 
| 15 |  | the Department shall consider criteria that includes, but  | 
| 16 |  | is not limited to, projects and initiatives that address  | 
| 17 |  | disparities in incidence and mortality rates of breast  | 
| 18 |  | cancer, based on data from the Illinois Cancer Registry,  | 
| 19 |  | and populations facing barriers to care in accordance with  | 
| 20 |  | Section 21.5 of the Illinois Lottery Law. | 
| 21 |  |  (c-5) The Department shall submit a report to the Governor  | 
| 22 |  | and the General Assembly by December 31 of each year. The  | 
| 23 |  | report shall provide a summary of the Carolyn Adams Ticket for  | 
| 24 |  | the Cure lottery ticket sales, grants awarded, and the  | 
| 25 |  | accomplishments of the grantees.  | 
| 26 |  |  (d) The Board is discontinued on June 30, 2027.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 63 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | (Source: P.A. 99-917, eff. 12-30-16.) | 
| 2 |  |  Section 55. The Illinois Criminal Justice Information Act  | 
| 3 |  | is amended by changing Section 4 as follows: | 
| 4 |  |  (20 ILCS 3930/4) (from Ch. 38, par. 210-4) | 
| 5 |  |  Sec. 4. Illinois Criminal Justice Information Authority;  | 
| 6 |  | creation,
membership, and meetings.  There is created an  | 
| 7 |  | Illinois Criminal Justice
Information Authority consisting of  | 
| 8 |  | 25 members. The membership of
the
Authority shall consist of:  | 
| 9 |  |   (1) the Illinois Attorney General, or the Illinois  | 
| 10 |  | Attorney General's his or her
designee;,  | 
| 11 |  |   (2) the Director of Corrections or the Director's  | 
| 12 |  | designee;,  | 
| 13 |  |   (3) the Director
of the Illinois State Police or the  | 
| 14 |  | Director's designee;,  | 
| 15 |  |   (4) the Director of Public Health or the Director's  | 
| 16 |  | designee;,  | 
| 17 |  |   (5) the Director of Children and Family Services or  | 
| 18 |  | the Director's designee;,  | 
| 19 |  |   (6) the Sheriff of Cook County or the Sheriff's  | 
| 20 |  | designee;,  | 
| 21 |  |   (7) the
State's Attorney of Cook County or the State's  | 
| 22 |  | Attorney's designee;,  | 
| 23 |  |   (8) the clerk of the circuit court of Cook
County or  | 
| 24 |  | the clerk's designee;,  | 
|     | 
| |  |  | 10200HB1563sam001 | - 64 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (9) the President of the Cook County Board of  | 
| 2 |  | Commissioners or the President's designee;,  | 
| 3 |  |   (10) the Superintendent of the Chicago Police
 | 
| 4 |  | Department or the Superintendent's designee;,  | 
| 5 |  |   (11) the Director of the Office of the State's  | 
| 6 |  | Attorneys Appellate
Prosecutor or the Director's  | 
| 7 |  | designee;,  | 
| 8 |  |   (12) the Executive Director of the Illinois Law  | 
| 9 |  | Enforcement Training
Standards Board or the Executive  | 
| 10 |  | Director's designee;,  | 
| 11 |  |   (13) the State Appellate Defender or the State  | 
| 12 |  | Appellate Defender's designee;,  | 
| 13 |  |   (14) the Public Defender of Cook County or the Public  | 
| 14 |  | Defender's designee;, and  | 
| 15 |  |   (15) the following additional
members, each of whom
 | 
| 16 |  | shall be appointed by the Governor:  | 
| 17 |  |    (A) a circuit court clerk;,  | 
| 18 |  |    (B) a sheriff;,
 | 
| 19 |  |    (C) a State's Attorney of a
county other than  | 
| 20 |  | Cook;,  | 
| 21 |  |    (D) a Public Defender of a county other than  | 
| 22 |  | Cook;,  | 
| 23 |  |    (E) a chief of police;, and  | 
| 24 |  |    (F) 6 members of the
general public. | 
| 25 |  |  Members appointed on and after the effective date of this  | 
| 26 |  | amendatory Act of the 98th General Assembly shall be confirmed  | 
|     | 
| |  |  | 10200HB1563sam001 | - 65 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | by the Senate.  | 
| 2 |  |  The Governor from time to time shall designate a Chairman  | 
| 3 |  | of the Authority
from the membership. All members of the  | 
| 4 |  | Authority appointed by the Governor
shall serve at the  | 
| 5 |  | pleasure of the Governor for a term not to exceed 4 years.
The  | 
| 6 |  | initial appointed members of the Authority shall serve from  | 
| 7 |  | January,
1983 until the third Monday in January, 1987 or until  | 
| 8 |  | their successors are
appointed. | 
| 9 |  |  The Authority shall meet at least quarterly, and all  | 
| 10 |  | meetings of the
Authority shall be called by the Chairman. | 
| 11 |  | (Source: P.A. 102-538, eff. 8-20-21.) | 
| 12 |  |  Section 60. The Blue-Ribbon Commission on Transportation  | 
| 13 |  | Infrastructure and Policy Act is amended by changing Sections  | 
| 14 |  | 10, 15, 25, and 30 as follows: | 
| 15 |  |  (20 ILCS 4116/10) | 
| 16 |  |  (Section scheduled to be repealed on February 1, 2023)
 | 
| 17 |  |  Sec. 10. Commission created. | 
| 18 |  |  (a) The Blue-Ribbon Commission on Transportation  | 
| 19 |  | Infrastructure Funding and Policy is created within the  | 
| 20 |  | Department of Transportation consisting of members appointed  | 
| 21 |  | as follows: | 
| 22 |  |   (1) Four members of the House of Representatives, with  | 
| 23 |  | 2 to be appointed by the Speaker of the House of  | 
| 24 |  | Representatives and 2 to be appointed by the Minority  | 
|     | 
| |  |  | 10200HB1563sam001 | - 66 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Leader of the House of Representatives. | 
| 2 |  |   (2) Four members of the Senate, with 2 to be appointed  | 
| 3 |  | by the President of the Senate and 2 to be appointed by the  | 
| 4 |  | Minority Leader of the Senate. | 
| 5 |  |   (3) Eight members appointed by the Governor with the  | 
| 6 |  | advice and consent of the Senate. | 
| 7 |  |   (4) The chair of the Commission to be appointed by the  | 
| 8 |  | Governor from among his 8 appointments. | 
| 9 |  |  (b) Members shall have expertise, knowledge, or experience  | 
| 10 |  | in transportation infrastructure development, construction,  | 
| 11 |  | workforce, or policy. Members shall also represent a diverse  | 
| 12 |  | set of sectors, including the labor, engineering,  | 
| 13 |  | construction, transit, active transportation, rail, air, or  | 
| 14 |  | other sectors, and shall include participants of the  | 
| 15 |  | Disadvantaged Business Enterprise Program. No more than 2  | 
| 16 |  | appointees shall be members of the same sector. | 
| 17 |  |  (c) Members shall represent geographically diverse regions  | 
| 18 |  | of the State. | 
| 19 |  |  (d) Members shall be appointed by January 31, 2023 May 31,  | 
| 20 |  | 2022.
 | 
| 21 |  | (Source: P.A. 102-988, eff. 5-27-22.) | 
| 22 |  |  (20 ILCS 4116/15) | 
| 23 |  |  (Section scheduled to be repealed on February 1, 2023)
 | 
| 24 |  |  Sec. 15. Meetings. The Commission shall hold its first  | 
| 25 |  | meeting by February 15, 2023 within 2 months from the  | 
|     | 
| |  |  | 10200HB1563sam001 | - 67 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | effective date of this Act. The Commission may conduct  | 
| 2 |  | meetings at such places and at such times as it may deem  | 
| 3 |  | necessary or convenient to enable it to exercise fully and  | 
| 4 |  | effectively its powers, perform its duties, and accomplish its  | 
| 5 |  | objectives and purposes.
 | 
| 6 |  | (Source: P.A. 102-988, eff. 5-27-22.) | 
| 7 |  |  (20 ILCS 4116/25) | 
| 8 |  |  (Section scheduled to be repealed on February 1, 2023)
 | 
| 9 |  |  Sec. 25. Report. The Commission shall direct the Illinois  | 
| 10 |  | Department of Transportation to enter into a contract with a  | 
| 11 |  | third party to assist the Commission in producing a document  | 
| 12 |  | that evaluates the topics under this Act and outline formal  | 
| 13 |  | recommendations that can be acted upon by the General  | 
| 14 |  | Assembly. The Commission shall report a summary of its  | 
| 15 |  | activities and produce a final report of the data, findings,  | 
| 16 |  | and recommendations to the General Assembly by September 15,  | 
| 17 |  | 2023 January 31, 2023. The final report shall include  | 
| 18 |  | specific, actionable recommendations for legislation and  | 
| 19 |  | organizational adjustments. The final report may include  | 
| 20 |  | recommendations for pilot programs to test alternatives. The  | 
| 21 |  | final report and recommendations shall also include any  | 
| 22 |  | minority and individual views of task force members.
 | 
| 23 |  | (Source: P.A. 102-988, eff. 5-27-22.) | 
| 24 |  |  (20 ILCS 4116/30) | 
|     | 
| |  |  | 10200HB1563sam001 | - 68 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  (Section scheduled to be repealed on February 1, 2023)
 | 
| 2 |  |  Sec. 30. Repeal. This Commission is dissolved, and this  | 
| 3 |  | Act is repealed, on September 30, 2023 February 1, 2023.
 | 
| 4 |  | (Source: P.A. 102-988, eff. 5-27-22.) | 
| 5 |  |  Section 65. The Renewable Energy Component Recycling Task  | 
| 6 |  | Force Act is amended by changing Section 10 as follows: | 
| 7 |  |  (20 ILCS 4118/10) | 
| 8 |  |  (Section scheduled to be repealed on December 31, 2025)
 | 
| 9 |  |  Sec. 10. The Renewable Energy Component Recycling Task  | 
| 10 |  | Force.
 | 
| 11 |  |  (a) The Renewable Energy Component Recycling Task Force,  | 
| 12 |  | hereinafter referred to as the REC Recycling Task Force, is  | 
| 13 |  | hereby established.
 | 
| 14 |  |  (b) The REC Recycling Task Force shall consist of the  | 
| 15 |  | following members:
 | 
| 16 |  |   (1) The Director of the Environmental Protection  | 
| 17 |  | Agency or his or her designee;
 | 
| 18 |  |   (2) The Chair of the Illinois Commerce Commission or  | 
| 19 |  | his or her designee;
 | 
| 20 |  |   (3) The Director of the Illinois Power Agency or his  | 
| 21 |  | or her designee;
 | 
| 22 |  |   (4) Four members appointed by the Governor, including  | 
| 23 |  | one representing a solid waste disposal organization, one  | 
| 24 |  | representing a renewable energy organization, and one  | 
|     | 
| |  |  | 10200HB1563sam001 | - 69 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | representing an environmental advocacy organization;
 | 
| 2 |  |   (5) Two members appointed by the President of the  | 
| 3 |  | Senate, one representing a solid waste disposal  | 
| 4 |  | organization and one representing a renewable energy  | 
| 5 |  | organization;
 | 
| 6 |  |   (6) Two members appointed by the Minority Leader of  | 
| 7 |  | the Senate, one representing a solid waste disposal  | 
| 8 |  | organization and one representing a renewable energy  | 
| 9 |  | organization;
 | 
| 10 |  |   (7) Two members appointed by the Speaker of the House  | 
| 11 |  | of Representatives, one representing a solid waste  | 
| 12 |  | disposal organization and one representing a renewable  | 
| 13 |  | energy organization; and
 | 
| 14 |  |   (8) Two members appointed by the Minority Leader of  | 
| 15 |  | the House of Representatives, one representing a solid  | 
| 16 |  | waste disposal organization and one representing a  | 
| 17 |  | renewable energy organization.
 | 
| 18 |  |  (c) The REC Recycling Task Force shall meet at the call of  | 
| 19 |  | the Chair at least quarterly to fulfill its duties under this  | 
| 20 |  | Act. At the first meeting of the REC Recycling Task Force, the  | 
| 21 |  | Task Force shall elect from among its members a Chair and such  | 
| 22 |  | other officers as it may choose.
 | 
| 23 |  |  (d) The Environmental Protection Agency shall coordinate  | 
| 24 |  | meetings for and provide other logistical assistance to the  | 
| 25 |  | REC Recycling Task Force. The Agency may, upon request by the  | 
| 26 |  | Task Force, arrange to have outside experts provide research  | 
|     | 
| |  |  | 10200HB1563sam001 | - 70 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | assistance, technical support, and assistance in the  | 
| 2 |  | preparation of reports for the REC Recycling Task Force.  | 
| 3 |  | Notwithstanding any law to the contrary, the Environmental  | 
| 4 |  | Protection Agency may use moneys from the Solid Waste  | 
| 5 |  | Management Fund to fulfill its obligations under this Section,  | 
| 6 |  | including any obligation it may have to arrange to have  | 
| 7 |  | outside experts provide support and assistance to the Task  | 
| 8 |  | Force pursuant to this subsection. | 
| 9 |  |  (e) Members of the REC Recycling Task Force shall serve  | 
| 10 |  | without compensation, but the Task Force may, within the  | 
| 11 |  | limits of any funds appropriated or otherwise made available  | 
| 12 |  | to it, reimburse its members for actual and necessary expenses  | 
| 13 |  | incurred in the discharge of their Task Force duties.
 | 
| 14 |  | (Source: P.A. 102-1025, eff. 5-27-22.) | 
| 15 |  |  Section 70. The Illinois Indian American Advisory Council  | 
| 16 |  | Act is amended by changing Section 1, 5, 10, 15, 20, and 25 as  | 
| 17 |  | follows: | 
| 18 |  |  (20 ILCS 4120/1)
 | 
| 19 |  |  Sec. 1. Short title. This Act may be cited as the Illinois  | 
| 20 |  | South Asian Indian American Advisory Council Act.
 | 
| 21 |  | (Source: P.A. 102-1058, eff. 1-1-23.) | 
| 22 |  |  (20 ILCS 4120/5)
 | 
| 23 |  |  Sec. 5. Definitions.
As used in this Act:
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 71 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  "South Asian" "Indian" means a person descended from any  | 
| 2 |  | of the countries of the South Asian subcontinent that are not  | 
| 3 |  | primarily Muslim in character, including India, Bhutan, Nepal,  | 
| 4 |  | and Sri Lanka.
 | 
| 5 |  |  "Council" means the Illinois South Asian Indian American  | 
| 6 |  | Advisory Council created by this Act.
 | 
| 7 |  | (Source: P.A. 102-1058, eff. 1-1-23.) | 
| 8 |  |  (20 ILCS 4120/10)
 | 
| 9 |  |  Sec. 10. Illinois South Asian Indian American Advisory  | 
| 10 |  | Council. There is hereby created the Illinois South Asian  | 
| 11 |  | Indian American Advisory Council. The purpose of the Council  | 
| 12 |  | is to advise the Governor and the General Assembly on policy  | 
| 13 |  | issues impacting South Asian Indian Americans and immigrants;  | 
| 14 |  | to advance the role and civic participation of South Asian  | 
| 15 |  | Indian Americans in this State; to enhance trade and  | 
| 16 |  | cooperation between South Asian Indian-majority countries and  | 
| 17 |  | this State; and, in cooperation with State agencies, boards,  | 
| 18 |  | and commissions, to build relationships with and disseminate  | 
| 19 |  | information to South Asian Indian American and immigrant  | 
| 20 |  | communities across this State.
 | 
| 21 |  | (Source: P.A. 102-1058, eff. 1-1-23.) | 
| 22 |  |  (20 ILCS 4120/15)
 | 
| 23 |  |  Sec. 15. Council members.
 | 
| 24 |  |  (a) The Council shall consist of 21 voting members. The  | 
|     | 
| |  |  | 10200HB1563sam001 | - 72 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Governor shall appoint one voting member, who shall act as the  | 
| 2 |  | chairperson of the Council and serve as the representative of  | 
| 3 |  | the Office of the Governor. The Governor, the President of the  | 
| 4 |  | Senate, the Speaker of the House of Representatives, the  | 
| 5 |  | Minority Leader of the Senate, and the Minority Leader of the  | 
| 6 |  | House of Representatives shall each appoint 4 members of the  | 
| 7 |  | public to the Council, who shall also serve as voting members. | 
| 8 |  |  (b) Appointing authorities shall ensure, to the maximum  | 
| 9 |  | extent practicable, that the Council is diverse with respect  | 
| 10 |  | to race, ethnicity, age, gender, faith, sexual orientation,  | 
| 11 |  | language, country of origin, and geography.
 | 
| 12 |  |  (c) Appointments to the Council shall be persons of  | 
| 13 |  | recognized ability and experience in one or more of the  | 
| 14 |  | following areas: higher education, business, international  | 
| 15 |  | trade, law, social services, human services, immigration,  | 
| 16 |  | refugee services, community development, or health care.
 | 
| 17 |  |  (d) Appointed members of the Council shall serve 2-year  | 
| 18 |  | terms. A member shall serve until his or her successor shall be  | 
| 19 |  | appointed. Members of the Council shall not be entitled to  | 
| 20 |  | compensation for their services as members.
 | 
| 21 |  |  (e) The following officials shall serve as ex officio,  | 
| 22 |  | nonvoting members of the Council: the Deputy Director of the  | 
| 23 |  | Office of Trade and Investment within the Department of  | 
| 24 |  | Commerce and Economic Opportunity, or his or her designee, and  | 
| 25 |  | the Chief of the Bureau of Refugee and Immigrant Services  | 
| 26 |  | within the Department of Human Services, or his or her  | 
|     | 
| |  |  | 10200HB1563sam001 | - 73 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | designee.
 | 
| 2 |  |  The following State agencies shall also each appoint a  | 
| 3 |  | liaison to serve as an ex officio, nonvoting member members of  | 
| 4 |  | the Council: the Department of Commerce and Economic  | 
| 5 |  | Opportunity, the Department of Financial and Professional  | 
| 6 |  | Regulation, the Department of Human Services, the Department  | 
| 7 |  | on Aging, the Department of Children and Family Services, the  | 
| 8 |  | Department of Healthcare and Family Services, the Department  | 
| 9 |  | of Public Health, the Department of Central Management  | 
| 10 |  | Services, the Illinois State Board of Education, the Illinois  | 
| 11 |  | Board of Higher Education, and the Illinois Community College  | 
| 12 |  | Board.
 | 
| 13 |  |  (f) The Council may establish committees that address  | 
| 14 |  | certain issues, including, but not limited to, communications,  | 
| 15 |  | economic development, and legislative affairs.
 | 
| 16 |  |  (g) (Blank). The Office of the Governor shall provide  | 
| 17 |  | administrative and technical support to the Council, including  | 
| 18 |  | a staff member to serve as ethics officer.
 | 
| 19 |  | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.) | 
| 20 |  |  (20 ILCS 4120/20)
 | 
| 21 |  |  Sec. 20. Meetings. The Council shall meet at least once  | 
| 22 |  | per each calendar quarter. In addition, the Council may hold  | 
| 23 |  | up to 2 public hearings annually to assist in the development  | 
| 24 |  | of policy recommendations to the Governor and the General  | 
| 25 |  | Assembly. All meetings of the Council shall be conducted in  | 
|     | 
| |  |  | 10200HB1563sam001 | - 74 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | accordance with the Open Meetings Act. Eleven members of the  | 
| 2 |  | Council shall constitute a quorum.
 | 
| 3 |  | (Source: P.A. 102-1058, eff. 1-1-23; revised 12-16-22.) | 
| 4 |  |  (20 ILCS 4120/25)
 | 
| 5 |  |  Sec. 25. Reports.
 | 
| 6 |  |  (a) The Council shall issue semi-annual reports on its  | 
| 7 |  | policy recommendations to the Governor and the General  | 
| 8 |  | Assembly by June 30th and December 31st of each year.
 | 
| 9 |  |  (b) The reports on policy recommendations shall focus on,  | 
| 10 |  | but are not limited to, the following: (i) policy issues  | 
| 11 |  | impacting South Asian Indian Americans and immigrants; (ii)  | 
| 12 |  | advancement of the role and civic participation of South Asian  | 
| 13 |  | Indian Americans in this State; (iii) enhancement of trade and  | 
| 14 |  | cooperation between South Asian Indian-majority countries and  | 
| 15 |  | this State; and (iv) building relationships with and  | 
| 16 |  | disseminating information to, in cooperation with State  | 
| 17 |  | agencies, boards, and commissions, South Asian Indian American  | 
| 18 |  | and immigrant communities across this State.
 | 
| 19 |  | (Source: P.A. 102-1058, eff. 1-1-23.) | 
| 20 |  |  Section 75. The Hydrogen Economy Act is amended by  | 
| 21 |  | changing Section 95 as follows: | 
| 22 |  |  (20 ILCS 4122/95) | 
| 23 |  |  (Section scheduled to be repealed on June 1, 2023)
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 75 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  Sec. 95. Repealer. This Act is repealed on June 1, 2026  | 
| 2 |  | 2023.
 | 
| 3 |  | (Source: P.A. 102-1086, eff. 6-10-22.) | 
| 4 |  |  Section 80. The Human Trafficking Task Force Act is  | 
| 5 |  | amended by changing Section 5 as follows: | 
| 6 |  |  (20 ILCS 5086/5) | 
| 7 |  |  (Section scheduled to be repealed on July 1, 2024)
 | 
| 8 |  |  Sec. 5. Human Trafficking Task Force created. | 
| 9 |  |  (a) There is created the Human Trafficking Task Force to  | 
| 10 |  | address the growing problem of human trafficking across this  | 
| 11 |  | State. The Human Trafficking Task Force shall consist of the  | 
| 12 |  | following persons: | 
| 13 |  |   (1) five three members of the House of  | 
| 14 |  | Representatives, appointed by the Speaker of the House of  | 
| 15 |  | Representatives;
 | 
| 16 |  |   (2) five three members of the House of  | 
| 17 |  | Representatives, appointed by the Minority Leader of the  | 
| 18 |  | House of Representatives;
 | 
| 19 |  |   (3) five three members of the Senate, appointed by the  | 
| 20 |  | President of the Senate; | 
| 21 |  |   (4) five three members of the Senate, appointed by the  | 
| 22 |  | Minority Leader of the Senate; | 
| 23 |  |   (5) one representative of the Cook County Human  | 
| 24 |  | Trafficking Task Force, appointed by the Governor; and | 
|     | 
| |  |  | 10200HB1563sam001 | - 76 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (6) one representative of the Central Illinois Human  | 
| 2 |  | Trafficking Task Force, appointed by the Governor.  | 
| 3 |  |  (b) The Task Force shall include the following ex officio  | 
| 4 |  | members: | 
| 5 |  |   (1) the Director of the Illinois State Police, or his  | 
| 6 |  | or her designee; | 
| 7 |  |   (2) the Director of the Department of Children and  | 
| 8 |  | Family Services, or his or her designee; | 
| 9 |  |   (3) the Secretary of the Department of Human Services,  | 
| 10 |  | or his or her designee; and | 
| 11 |  |   (4) the Director of the Department of Healthcare and  | 
| 12 |  | Family Services, or his or her designee. | 
| 13 |  |  (c) Members of the Human Trafficking Task Force shall  | 
| 14 |  | serve without compensation.
 | 
| 15 |  | (Source: P.A. 102-323, eff. 8-6-21.) | 
| 16 |  |  Section 85. The Illinois Muslim American Advisory Council  | 
| 17 |  | Act is amended by changing Section 20 as follows: | 
| 18 |  |  (20 ILCS 5110/20)
 | 
| 19 |  |  Sec. 20. Council members. | 
| 20 |  |  (a) The Council shall consist of 21 members. The Governor  | 
| 21 |  | shall appoint one member to be the representative of the  | 
| 22 |  | Office of the Governor. The Governor, the President of the  | 
| 23 |  | Senate, the Speaker of the House of Representatives, the  | 
| 24 |  | Minority Leader of the Senate, and the Minority Leader of the  | 
|     | 
| |  |  | 10200HB1563sam001 | - 77 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | House of Representatives shall also each appoint 4 public  | 
| 2 |  | members to the Council. The Governor shall select the  | 
| 3 |  | chairperson of the Council from among the members. | 
| 4 |  |  (b) Appointing authorities shall ensure, to the maximum  | 
| 5 |  | extent practicable, that the Council is diverse with respect  | 
| 6 |  | to race, ethnicity, age, gender, and geography. | 
| 7 |  |  (c) Appointments to the Council shall be persons of  | 
| 8 |  | recognized ability and experience in one or more of the  | 
| 9 |  | following areas: higher education, business, international  | 
| 10 |  | trade, law, social services, human services, immigration,  | 
| 11 |  | refugee services, community development, or healthcare. | 
| 12 |  |  (d) Members of the Council shall serve 2-year terms. A  | 
| 13 |  | member shall serve until his or her successor shall be  | 
| 14 |  | appointed. Members of the Council shall not be entitled to  | 
| 15 |  | compensation for their services as members. | 
| 16 |  |  (e) The following officials shall serve as ex officio  | 
| 17 |  | ex-officio members: the Deputy Director of the Office of Trade  | 
| 18 |  | and Investment within the Department of Commerce and Economic  | 
| 19 |  | Opportunity, or his or her designee, and the Chief of the  | 
| 20 |  | Bureau of Refugee and Immigrant Services within the Department  | 
| 21 |  | of Human Services, or his or her designee. In addition, the  | 
| 22 |  | Department on Aging, the Department of Children and Family  | 
| 23 |  | Services, the Department of Healthcare and Family Services,  | 
| 24 |  | the Department of Public Health, the Department of Central  | 
| 25 |  | Management Services, the Board of Education, the Board of  | 
| 26 |  | Higher Education, and the Community College Board shall each  | 
|     | 
| |  |  | 10200HB1563sam001 | - 78 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | appoint a liaison to serve as an ex officio ex-officio member  | 
| 2 |  | of the Council. | 
| 3 |  |  (f) The Council may establish committees that address  | 
| 4 |  | certain issues, including, but not limited to, communications,  | 
| 5 |  | economic development, and legislative affairs. | 
| 6 |  |  (g) (Blank). The Office of the Governor shall provide  | 
| 7 |  | administrative and technical support to the Council, including  | 
| 8 |  | a staff member to serve as ethics officer.
 | 
| 9 |  | (Source: P.A. 100-459, eff. 8-25-17.) | 
| 10 |  |  Section 90. The Metropolitan Pier and Exposition Authority  | 
| 11 |  | Act is amended by changing Section 14 as follows: | 
| 12 |  |  (70 ILCS 210/14) (from Ch. 85, par. 1234) | 
| 13 |  |  Sec. 14. Board; compensation. The governing and  | 
| 14 |  | administrative body of the Authority shall be a
board known as  | 
| 15 |  | the Metropolitan Pier and Exposition Board. On the effective  | 
| 16 |  | date of this amendatory Act of the 96th General Assembly, the  | 
| 17 |  | Trustee shall assume the duties and powers of the Board for a  | 
| 18 |  | period of 18 months or until the Board is fully constituted,  | 
| 19 |  | whichever is later. Any action requiring Board approval shall  | 
| 20 |  | be deemed approved by the Board if the Trustee approves the  | 
| 21 |  | action in accordance with Section 14.5. Beginning the first  | 
| 22 |  | Monday of the month occurring 18 months after the effective  | 
| 23 |  | date of this amendatory Act of the 96th General Assembly and  | 
| 24 |  | until the effective date of this amendatory Act of the 102nd  | 
|     | 
| |  |  | 10200HB1563sam001 | - 79 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | General Assembly, the Board shall consist of 9 members. On and  | 
| 2 |  | after the effective date of this amendatory Act of the 102nd  | 
| 3 |  | General Assembly, the Board shall consist of 11 members. The  | 
| 4 |  | Governor shall appoint 5 4 members to the Board, subject to the  | 
| 5 |  | advice and consent of the Senate. The Mayor shall appoint 5 4  | 
| 6 |  | members to the Board. At least one member of the Board shall  | 
| 7 |  | represent the interests of labor, and at least one member of  | 
| 8 |  | the Board shall represent the interests of the convention  | 
| 9 |  | industry. A majority of the members appointed by the Governor  | 
| 10 |  | and Mayor shall appoint a ninth member to serve as the  | 
| 11 |  | chairperson until the chairperson's term expires on or after  | 
| 12 |  | the effective date of this amendatory Act of the 102nd General  | 
| 13 |  | Assembly, at which time, a majority of the members appointed  | 
| 14 |  | by the Governor and Mayor shall appoint an eleventh member to  | 
| 15 |  | serve as the chairperson. The Board shall be fully constituted  | 
| 16 |  | when a quorum has been appointed. The members of
the board  | 
| 17 |  | shall be individuals of generally recognized ability and
 | 
| 18 |  | integrity. No member of the Board may be (i) an
officer or  | 
| 19 |  | employee of, or a member of a board, commission or authority  | 
| 20 |  | of,
the State, any unit of local government or any school  | 
| 21 |  | district or (ii) a person who served on the Board prior to the  | 
| 22 |  | effective date of this amendatory Act of the 96th General  | 
| 23 |  | Assembly. | 
| 24 |  |  Of the initial members appointed by the Governor, one  | 
| 25 |  | shall serve for a term expiring June 1, 2013, one shall serve  | 
| 26 |  | for a term expiring June 1, 2014, one shall serve for a term  | 
|     | 
| |  |  | 10200HB1563sam001 | - 80 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | expiring June 1, 2015, and one shall serve for a term expiring  | 
| 2 |  | June 1, 2016, as determined by the Governor. Of the initial  | 
| 3 |  | members appointed by the Mayor, one shall serve for a term  | 
| 4 |  | expiring June 1, 2013, one shall serve for a term expiring June  | 
| 5 |  | 1, 2014, one shall serve for a term expiring June 1, 2015, and  | 
| 6 |  | one shall serve for a term expiring June 1, 2016, as determined  | 
| 7 |  | by the Mayor. The initial chairperson appointed by the Board  | 
| 8 |  | shall serve a term for a term expiring June 1, 2015. Additional  | 
| 9 |  | members of the Board appointed pursuant to this amendatory Act  | 
| 10 |  | of the 102nd General Assembly shall serve for a term expiring  | 
| 11 |  | on June 1, 2026. Successors shall be appointed to 4-year  | 
| 12 |  | terms.  | 
| 13 |  |  Members of the Board shall serve without compensation, but  | 
| 14 |  | shall be reimbursed for actual
expenses incurred by them in  | 
| 15 |  | the performance of their duties. All members of
the Board and  | 
| 16 |  | employees of the Authority are subject to the Illinois
 | 
| 17 |  | Governmental Ethics Act, in accordance with its terms. | 
| 18 |  | (Source: P.A. 102-699, eff. 4-19-22.) | 
| 19 |  |  Section 95. The Alexander-Cairo Port District Act is  | 
| 20 |  | amended by changing Sections 95, 100, and 115 as follows: | 
| 21 |  |  (70 ILCS 1801/95)
 | 
| 22 |  |  Sec. 95. Board members. The governing and administrative  | 
| 23 |  | body of the Port District shall be a Board consisting of 9 7  | 
| 24 |  | members, to be known as the Alexander-Cairo Port District  | 
|     | 
| |  |  | 10200HB1563sam001 | - 81 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Board. All members of the Board shall be residents of the  | 
| 2 |  | District, except the member with wetlands mitigation  | 
| 3 |  | experience and the member with economic development experience  | 
| 4 |  | do not need to be residents of the District. The members of the  | 
| 5 |  | Board shall serve without compensation but shall be reimbursed  | 
| 6 |  | for actual expenses incurred by them in the performance of  | 
| 7 |  | their duties. However, any member of the Board who is  | 
| 8 |  | appointed to the office of secretary or treasurer may receive  | 
| 9 |  | compensation for his or her services as such officer. No  | 
| 10 |  | member of the Board or employee of the District shall have any  | 
| 11 |  | private financial interest, profit, or benefit in any  | 
| 12 |  | contract, work, or business of the District nor in the sale or  | 
| 13 |  | lease of any property to or from the District.
 | 
| 14 |  | (Source: P.A. 96-1015, eff. 7-8-10.) | 
| 15 |  |  (70 ILCS 1801/100)
 | 
| 16 |  |  Sec. 100. Board appointments; terms. The Governor shall  | 
| 17 |  | appoint 6 4 members of the Board, including one member with  | 
| 18 |  | wetlands mitigation experience and one member with economic  | 
| 19 |  | development experience. The member with wetlands mitigation  | 
| 20 |  | experience and the member with economic development experience  | 
| 21 |  | do not need to be residents of the District. The the Mayor of  | 
| 22 |  | the City of Cairo shall appoint one member of the Board, and  | 
| 23 |  | the chairperson of the Alexander County Board, with the advice  | 
| 24 |  | and consent of the Alexander County Board, shall appoint 2  | 
| 25 |  | members of the Board. All initial appointments shall be made  | 
|     | 
| |  |  | 10200HB1563sam001 | - 82 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | within 60 days after this Act takes effect. Of the 4 members  | 
| 2 |  | initially appointed by the Governor, 2 shall be appointed for  | 
| 3 |  | initial terms expiring June 1, 2012 and 2 shall be appointed  | 
| 4 |  | for initial terms expiring June 1, 2013. The term of the member  | 
| 5 |  | initially appointed by the Mayor shall expire June 1, 2013. Of  | 
| 6 |  | the 2 members appointed by the Alexander County Board  | 
| 7 |  | Chairperson, one shall be appointed for an initial term  | 
| 8 |  | expiring June 1, 2012, and one shall be appointed for an  | 
| 9 |  | initial term expiring June 1, 2013. Additional members of the  | 
| 10 |  | Board appointed pursuant to this amendatory Act of the 102nd  | 
| 11 |  | General Assembly shall serve for a term expiring on June 1,  | 
| 12 |  | 2025. At the expiration of the term of any member, his or her  | 
| 13 |  | successor shall be appointed by the Governor, Mayor, or  | 
| 14 |  | Alexander County Board Chairperson in like manner and with  | 
| 15 |  | like regard to the place of residence of the appointee, as in  | 
| 16 |  | the case of appointments for the initial terms. | 
| 17 |  |  After the expiration of initial terms, each successor  | 
| 18 |  | shall hold office for the term of 3 years beginning the first  | 
| 19 |  | day of June of the year in which the term of office commences.  | 
| 20 |  | In the case of a vacancy during the term of office of any  | 
| 21 |  | member appointed by the Governor, the Governor shall make an  | 
| 22 |  | appointment for the remainder of the term vacant and until a  | 
| 23 |  | successor is appointed and qualified. In the case of a vacancy  | 
| 24 |  | during the term of office of any member appointed by the Mayor,  | 
| 25 |  | the Mayor shall make an appointment for the remainder of the  | 
| 26 |  | term vacant and until a successor is appointed and qualified.  | 
|     | 
| |  |  | 10200HB1563sam001 | - 83 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | In the case of a vacancy during the term of office of any  | 
| 2 |  | member appointed by the Alexander County Board Chairperson,  | 
| 3 |  | the Alexander County Board Chairperson shall make an  | 
| 4 |  | appointment for the remainder of the term vacant and until a  | 
| 5 |  | successor is appointed and qualified. The Governor, Mayor, and  | 
| 6 |  | Alexander County Board Chairperson shall certify their  | 
| 7 |  | respective appointments to the Secretary of State. Within 30  | 
| 8 |  | days after certification of his or her appointment, and before  | 
| 9 |  | entering upon the duties of his or her office, each member of  | 
| 10 |  | the Board shall take and subscribe the constitutional oath of  | 
| 11 |  | office and file it in the office of the Secretary of State.
 | 
| 12 |  | (Source: P.A. 96-1015, eff. 7-8-10.) | 
| 13 |  |  (70 ILCS 1801/115)
 | 
| 14 |  |  Sec. 115. Meetings. Regular meetings of the Board shall be  | 
| 15 |  | held at least once in each calendar month, the time and place  | 
| 16 |  | of the meetings to be fixed by the Board. Five Four members of  | 
| 17 |  | the Board shall constitute a quorum for the transaction of  | 
| 18 |  | business. All action of the Board shall be by ordinance or  | 
| 19 |  | resolution and the affirmative vote of at least 5 4 members  | 
| 20 |  | shall be necessary for the adoption of any ordinance or  | 
| 21 |  | resolution. All such ordinances and resolutions before taking  | 
| 22 |  | effect shall be approved by the chairperson of the Board, and  | 
| 23 |  | if he or she approves, the chairperson shall sign the same, and  | 
| 24 |  | if the chairperson does not approve, the chairperson shall  | 
| 25 |  | return to the Board with his or her objections in writing at  | 
|     | 
| |  |  | 10200HB1563sam001 | - 84 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | the next regular meeting of the Board occurring after the  | 
| 2 |  | passage. But in the case the chairperson fails to return any  | 
| 3 |  | ordinance or resolution with his or her objections within the  | 
| 4 |  | prescribed time, the chairperson shall be deemed to have  | 
| 5 |  | approved the ordinance, and it shall take effect accordingly.  | 
| 6 |  | Upon the return of any ordinance or resolution by the  | 
| 7 |  | chairperson with his or her objections, the vote shall be  | 
| 8 |  | reconsidered by the Board, and if, upon reconsideration of the  | 
| 9 |  | ordinance or resolution, it is passed by the affirmative vote  | 
| 10 |  | of at least 5 members, it shall go into effect notwithstanding  | 
| 11 |  | the veto of the chairperson. All ordinances, resolutions, and  | 
| 12 |  | proceedings of the District and all documents and records in  | 
| 13 |  | its possession shall be public records, and open to public  | 
| 14 |  | inspection, except for documents and records that are kept or  | 
| 15 |  | prepared by the Board for use in negotiations, legal actions,  | 
| 16 |  | or proceedings to which the District is a party.
 | 
| 17 |  | (Source: P.A. 96-1015, eff. 7-8-10.) | 
| 18 |  |  Section 100. The Illinois Gambling Act is amended by  | 
| 19 |  | changing Section 5 as follows:
 | 
| 20 |  |  (230 ILCS 10/5) (from Ch. 120, par. 2405)
 | 
| 21 |  |  Sec. 5. Gaming Board. 
 | 
| 22 |  |  (a) (1) There is hereby established the
Illinois Gaming  | 
| 23 |  | Board, which shall have the powers and duties specified in
 | 
| 24 |  | this Act, and all other powers necessary and proper to fully  | 
|     | 
| |  |  | 10200HB1563sam001 | - 85 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | and
effectively execute this Act for the purpose of  | 
| 2 |  | administering, regulating,
and enforcing the system of  | 
| 3 |  | riverboat and casino gambling established by this Act and  | 
| 4 |  | gaming pursuant to an organization gaming license issued under  | 
| 5 |  | this Act. Its
jurisdiction shall extend under this Act to  | 
| 6 |  | every person, association,
corporation, partnership and trust  | 
| 7 |  | involved in riverboat and casino gambling
operations and  | 
| 8 |  | gaming pursuant to an organization gaming license issued under  | 
| 9 |  | this Act in the State of Illinois.
 | 
| 10 |  |  (2) The Board shall consist of 5 members to be appointed by  | 
| 11 |  | the Governor
with the advice and consent of the Senate, one of  | 
| 12 |  | whom shall be designated
by the Governor to be chairperson.  | 
| 13 |  | Each member shall have a reasonable
knowledge of the practice,  | 
| 14 |  | procedure and principles of gambling operations.
Each member  | 
| 15 |  | shall either be a resident of Illinois or shall certify that he  | 
| 16 |  | or she
will become a resident of Illinois before taking  | 
| 17 |  | office.  | 
| 18 |  |  On and after the effective date of this amendatory Act of  | 
| 19 |  | the 101st General Assembly, new appointees to the Board must  | 
| 20 |  | include the following: | 
| 21 |  |   (A) One member who has received, at a minimum, a  | 
| 22 |  | bachelor's degree from an accredited school and at least  | 
| 23 |  | 10 years of verifiable experience in the fields of  | 
| 24 |  | investigation and law enforcement. | 
| 25 |  |   (B) One member who is a certified public accountant  | 
| 26 |  | with experience in auditing and with knowledge of complex  | 
|     | 
| |  |  | 10200HB1563sam001 | - 86 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | corporate structures and transactions. | 
| 2 |  |   (C) One member who has 5 years' experience as a  | 
| 3 |  | principal, senior officer, or director of a company or  | 
| 4 |  | business with either material responsibility for the daily  | 
| 5 |  | operations and management of the overall company or  | 
| 6 |  | business or material responsibility for the policy making  | 
| 7 |  | of the company or business. | 
| 8 |  |   (D) One member who is an attorney licensed to practice  | 
| 9 |  | law in Illinois for at least 5 years. | 
| 10 |  |  Notwithstanding any provision of this subsection (a), the  | 
| 11 |  | requirements of subparagraphs (A) through (D) of this  | 
| 12 |  | paragraph (2) shall not apply to any person reappointed  | 
| 13 |  | pursuant to paragraph (3). | 
| 14 |  |  No more than 3 members of the Board may be from the same  | 
| 15 |  | political party. No Board member shall, within a period of one  | 
| 16 |  | year immediately preceding nomination, have been employed or  | 
| 17 |  | received compensation or fees for services from a person or  | 
| 18 |  | entity, or its parent or affiliate, that has engaged in  | 
| 19 |  | business with the Board, a licensee, or a licensee under the  | 
| 20 |  | Illinois Horse Racing Act of 1975. Board members must publicly  | 
| 21 |  | disclose all prior affiliations with gaming interests,  | 
| 22 |  | including any compensation, fees, bonuses, salaries, and other  | 
| 23 |  | reimbursement received from a person or entity, or its parent  | 
| 24 |  | or affiliate, that has engaged in business with the Board, a  | 
| 25 |  | licensee, or a licensee under the Illinois Horse Racing Act of  | 
| 26 |  | 1975. This disclosure must be made within 30 days after  | 
|     | 
| |  |  | 10200HB1563sam001 | - 87 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | nomination but prior to confirmation by the Senate and must be  | 
| 2 |  | made available to the members of the Senate.
 | 
| 3 |  |  (3) The terms of office of the Board members shall be 3  | 
| 4 |  | years, except
that the terms of office of the initial Board  | 
| 5 |  | members appointed pursuant to
this Act will commence from the  | 
| 6 |  | effective date of this Act and run as
follows: one for a term  | 
| 7 |  | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2  | 
| 8 |  | for a term ending July 1, 1993. Upon the expiration of the
 | 
| 9 |  | foregoing terms, the successors of such members shall serve a  | 
| 10 |  | term for 3
years and until their successors are appointed and  | 
| 11 |  | qualified for like terms.
Vacancies in the Board shall be  | 
| 12 |  | filled for the unexpired term in like
manner as original  | 
| 13 |  | appointments. Each member of the Board shall be
eligible for  | 
| 14 |  | reappointment at the discretion of the Governor with the
 | 
| 15 |  | advice and consent of the Senate.
 | 
| 16 |  |  (4) Each member of the Board shall receive $300 for each  | 
| 17 |  | day the
Board meets and for each day the member conducts any  | 
| 18 |  | hearing pursuant to
this Act. Each member of the Board shall  | 
| 19 |  | also be reimbursed for all actual
and necessary expenses and  | 
| 20 |  | disbursements incurred in the execution of official
duties.
 | 
| 21 |  |  (5) No person shall be appointed a member of the Board or  | 
| 22 |  | continue to be
a member of the Board who is, or whose spouse,  | 
| 23 |  | child or parent is, a member
of the board of directors of, or a  | 
| 24 |  | person financially interested in, any
gambling operation  | 
| 25 |  | subject to the jurisdiction of this Board, or any race
track,  | 
| 26 |  | race meeting, racing association or the operations thereof  | 
|     | 
| |  |  | 10200HB1563sam001 | - 88 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | subject
to the jurisdiction of the Illinois Racing Board. No  | 
| 2 |  | Board member shall
hold any other public office. No person  | 
| 3 |  | shall be a
member of the Board who is not of good moral  | 
| 4 |  | character or who has been
convicted of, or is under indictment  | 
| 5 |  | for, a felony under the laws of
Illinois or any other state, or  | 
| 6 |  | the United States.
 | 
| 7 |  |  (5.5) No member of the Board shall engage in any political  | 
| 8 |  | activity. For the purposes of this Section, "political" means  | 
| 9 |  | any activity in support
of or in connection with any campaign  | 
| 10 |  | for federal, State, or local elective office or any political
 | 
| 11 |  | organization, but does not include activities (i) relating to  | 
| 12 |  | the support or
opposition of any executive, legislative, or  | 
| 13 |  | administrative action (as those
terms are defined in Section 2  | 
| 14 |  | of the Lobbyist Registration Act), (ii) relating
to collective  | 
| 15 |  | bargaining, or (iii) that are
otherwise
in furtherance of the  | 
| 16 |  | person's official
State duties or governmental and public  | 
| 17 |  | service functions.
 | 
| 18 |  |  (6) Any member of the Board may be removed by the Governor  | 
| 19 |  | for neglect
of duty, misfeasance, malfeasance, or nonfeasance  | 
| 20 |  | in office or for engaging in any political activity.
 | 
| 21 |  |  (7) Before entering upon the discharge of the duties of  | 
| 22 |  | his office, each
member of the Board shall take an oath that he  | 
| 23 |  | will faithfully execute the
duties of his office according to  | 
| 24 |  | the laws of the State and the rules and
regulations adopted  | 
| 25 |  | therewith and shall give bond to the State of Illinois,
 | 
| 26 |  | approved by the Governor, in the sum of $25,000. Every such  | 
|     | 
| |  |  | 10200HB1563sam001 | - 89 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | bond, when
duly executed and approved, shall be recorded in  | 
| 2 |  | the office of the
Secretary of State. Whenever the Governor  | 
| 3 |  | determines that the bond of any
member of the Board has become  | 
| 4 |  | or is likely to become invalid or
insufficient, he shall  | 
| 5 |  | require such member forthwith to renew his bond,
which is to be  | 
| 6 |  | approved by the Governor. Any member of the Board who fails
to  | 
| 7 |  | take oath and give bond within 30 days from the date of his  | 
| 8 |  | appointment,
or who fails to renew his bond within 30 days  | 
| 9 |  | after it is demanded by the
Governor, shall be guilty of  | 
| 10 |  | neglect of duty and may be removed by the
Governor. The cost of  | 
| 11 |  | any bond given by any member of the Board under this
Section  | 
| 12 |  | shall be taken to be a part of the necessary expenses of the  | 
| 13 |  | Board.
 | 
| 14 |  |  (7.5) For the examination of all mechanical,  | 
| 15 |  | electromechanical, or electronic table games, slot machines,  | 
| 16 |  | slot accounting systems, sports wagering systems, and other  | 
| 17 |  | electronic gaming equipment, and the field inspection of such  | 
| 18 |  | systems, games, and machines, for compliance with this Act,  | 
| 19 |  | the Board shall utilize the services of independent outside  | 
| 20 |  | testing laboratories that have been accredited in accordance  | 
| 21 |  | with ISO/IEC 17025 by an accreditation body that is a  | 
| 22 |  | signatory to the International Laboratory Accreditation  | 
| 23 |  | Cooperation Mutual Recognition Agreement signifying they are  | 
| 24 |  | qualified to perform such examinations. Notwithstanding any  | 
| 25 |  | law to the contrary, the Board shall consider the licensing of  | 
| 26 |  | independent outside testing laboratory applicants in  | 
|     | 
| |  |  | 10200HB1563sam001 | - 90 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | accordance with procedures established by the Board by rule.  | 
| 2 |  | The Board shall not withhold its approval of an independent  | 
| 3 |  | outside testing laboratory license applicant that has been  | 
| 4 |  | accredited as required under this paragraph (7.5) and is  | 
| 5 |  | licensed in gaming jurisdictions comparable to Illinois. Upon  | 
| 6 |  | the finalization of required rules, the Board shall license  | 
| 7 |  | independent testing laboratories and accept the test reports  | 
| 8 |  | of any licensed testing laboratory of the system's, game's, or  | 
| 9 |  | machine manufacturer's choice, notwithstanding the existence  | 
| 10 |  | of contracts between the Board and any independent testing  | 
| 11 |  | laboratory.  | 
| 12 |  |  (8) The Board shall employ such
personnel as may be  | 
| 13 |  | necessary to carry out its functions and shall determine the  | 
| 14 |  | salaries of all personnel, except those personnel whose  | 
| 15 |  | salaries are determined under the terms of a collective  | 
| 16 |  | bargaining agreement. No
person shall be employed to serve the  | 
| 17 |  | Board who is, or whose spouse, parent
or child is, an official  | 
| 18 |  | of, or has a financial interest in or financial
relation with,  | 
| 19 |  | any operator engaged in gambling operations within this
State  | 
| 20 |  | or any organization engaged in conducting horse racing within  | 
| 21 |  | this
State. For the one year immediately preceding employment,  | 
| 22 |  | an employee shall not have been employed or received  | 
| 23 |  | compensation or fees for services from a person or entity, or  | 
| 24 |  | its parent or affiliate, that has engaged in business with the  | 
| 25 |  | Board, a licensee, or a licensee under the Illinois Horse  | 
| 26 |  | Racing Act of 1975. Any employee violating these prohibitions  | 
|     | 
| |  |  | 10200HB1563sam001 | - 91 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | shall be subject to
termination of employment.
 | 
| 2 |  |  (9) An Administrator shall perform any and all duties that  | 
| 3 |  | the Board
shall assign him. The salary of the Administrator  | 
| 4 |  | shall be determined by
the Board and, in addition,
he shall be  | 
| 5 |  | reimbursed for all actual and necessary expenses incurred by
 | 
| 6 |  | him in discharge of his official duties. The Administrator  | 
| 7 |  | shall keep
records of all proceedings of the Board and shall  | 
| 8 |  | preserve all records,
books, documents and other papers  | 
| 9 |  | belonging to the Board or entrusted to
its care. The  | 
| 10 |  | Administrator shall devote his full time to the duties of
the  | 
| 11 |  | office and shall not hold any other office or employment.
 | 
| 12 |  |  (b) The Board shall have general responsibility for the  | 
| 13 |  | implementation
of this Act. Its duties include, without  | 
| 14 |  | limitation, the following:
 | 
| 15 |  |   (1) To decide promptly and in reasonable order all  | 
| 16 |  | license applications.
Any party aggrieved by an action of  | 
| 17 |  | the Board denying, suspending,
revoking, restricting or  | 
| 18 |  | refusing to renew a license may request a hearing
before  | 
| 19 |  | the Board. A request for a hearing must be made to the  | 
| 20 |  | Board in
writing within 5 days after service of notice of  | 
| 21 |  | the action of the Board.
Notice of the action of the Board  | 
| 22 |  | shall be served either by personal
delivery or by  | 
| 23 |  | certified mail, postage prepaid, to the aggrieved party.
 | 
| 24 |  | Notice served by certified mail shall be deemed complete  | 
| 25 |  | on the business
day following the date of such mailing.  | 
| 26 |  | The Board shall conduct any such hearings promptly and in  | 
|     | 
| |  |  | 10200HB1563sam001 | - 92 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | reasonable order;
 | 
| 2 |  |   (2) To conduct all hearings pertaining to civil  | 
| 3 |  | violations of this Act
or rules and regulations  | 
| 4 |  | promulgated hereunder;
 | 
| 5 |  |   (3) To promulgate such rules and regulations as in its  | 
| 6 |  | judgment may be
necessary to protect or enhance the  | 
| 7 |  | credibility and integrity of gambling
operations  | 
| 8 |  | authorized by this Act and the regulatory process  | 
| 9 |  | hereunder;
 | 
| 10 |  |   (4) To provide for the establishment and collection of  | 
| 11 |  | all license and
registration fees and taxes imposed by  | 
| 12 |  | this Act and the rules and
regulations issued pursuant  | 
| 13 |  | hereto. All such fees and taxes shall be
deposited into  | 
| 14 |  | the State Gaming Fund;
 | 
| 15 |  |   (5) To provide for the levy and collection of  | 
| 16 |  | penalties and fines for the
violation of provisions of  | 
| 17 |  | this Act and the rules and regulations
promulgated  | 
| 18 |  | hereunder. All such fines and penalties shall be deposited
 | 
| 19 |  | into the Education Assistance Fund, created by Public Act  | 
| 20 |  | 86-0018, of the
State of Illinois;
 | 
| 21 |  |   (6) To be present through its inspectors and agents  | 
| 22 |  | any time gambling
operations are conducted on any  | 
| 23 |  | riverboat, in any casino, or at any organization gaming
 | 
| 24 |  | facility for the purpose of certifying the
revenue  | 
| 25 |  | thereof, receiving complaints from the public, and  | 
| 26 |  | conducting such
other investigations into the conduct of  | 
|     | 
| |  |  | 10200HB1563sam001 | - 93 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | the gambling games and the
maintenance of the equipment as  | 
| 2 |  | from time to time the Board may deem
necessary and proper;
 | 
| 3 |  |   (7) To review and rule upon any complaint by a  | 
| 4 |  | licensee
regarding any investigative procedures of the  | 
| 5 |  | State which are unnecessarily
disruptive of gambling  | 
| 6 |  | operations. The need to inspect and investigate
shall be  | 
| 7 |  | presumed at all times. The disruption of a licensee's  | 
| 8 |  | operations
shall be proved by clear and convincing  | 
| 9 |  | evidence, and establish that: (A)
the procedures had no  | 
| 10 |  | reasonable law enforcement purposes, and (B) the
 | 
| 11 |  | procedures were so disruptive as to unreasonably inhibit  | 
| 12 |  | gambling operations;
 | 
| 13 |  |   (8) To hold at least one meeting each quarter of the  | 
| 14 |  | fiscal
year. In addition, special meetings may be called  | 
| 15 |  | by the Chairman or any 2
Board members upon 72 hours  | 
| 16 |  | written notice to each member. All Board
meetings shall be  | 
| 17 |  | subject to the Open Meetings Act. Three members of the
 | 
| 18 |  | Board shall constitute a quorum, and 3 votes shall be  | 
| 19 |  | required for any
final determination by the Board. The  | 
| 20 |  | Board shall keep a complete and
accurate record of all its  | 
| 21 |  | meetings. A majority of the members of the Board
shall  | 
| 22 |  | constitute a quorum for the transaction of any business,  | 
| 23 |  | for the
performance of any duty, or for the exercise of any  | 
| 24 |  | power which this Act
requires the Board members to  | 
| 25 |  | transact, perform or exercise en banc, except
that, upon  | 
| 26 |  | order of the Board, one of the Board members or an
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 94 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | administrative law judge designated by the Board may  | 
| 2 |  | conduct any hearing
provided for under this Act or by  | 
| 3 |  | Board rule and may recommend findings and
decisions to the  | 
| 4 |  | Board. The Board member or administrative law judge
 | 
| 5 |  | conducting such hearing shall have all powers and rights  | 
| 6 |  | granted to the
Board in this Act. The record made at the  | 
| 7 |  | time of the hearing shall be
reviewed by the Board, or a  | 
| 8 |  | majority thereof, and the findings and decision
of the  | 
| 9 |  | majority of the Board shall constitute the order of the  | 
| 10 |  | Board in
such case;
 | 
| 11 |  |   (9) To maintain records which are separate and  | 
| 12 |  | distinct from the records
of any other State board or  | 
| 13 |  | commission. Such records shall be available
for public  | 
| 14 |  | inspection and shall accurately reflect all Board  | 
| 15 |  | proceedings;
 | 
| 16 |  |   (10) To file a written annual report with the Governor  | 
| 17 |  | on or before
July 1 each year and such additional reports  | 
| 18 |  | as the Governor may request.
The annual report shall  | 
| 19 |  | include a statement of receipts and disbursements
by the  | 
| 20 |  | Board, actions taken by the Board, and any additional  | 
| 21 |  | information
and recommendations which the Board may deem  | 
| 22 |  | valuable or which the Governor
may request;
 | 
| 23 |  |   (11) (Blank);
 | 
| 24 |  |   (12) (Blank);
 | 
| 25 |  |   (13) To assume responsibility for administration and  | 
| 26 |  | enforcement of the
Video Gaming Act; | 
|     | 
| |  |  | 10200HB1563sam001 | - 95 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (13.1) To assume responsibility for the administration  | 
| 2 |  | and enforcement
of operations at organization gaming  | 
| 3 |  | facilities pursuant to this Act and the
Illinois Horse  | 
| 4 |  | Racing Act of 1975;  | 
| 5 |  |   (13.2) To assume responsibility for the administration  | 
| 6 |  | and enforcement
of the Sports Wagering Act; and  | 
| 7 |  |   (14) To adopt, by rule, a code of conduct governing  | 
| 8 |  | Board members and employees that ensure, to the maximum  | 
| 9 |  | extent possible, that persons subject to this Code avoid  | 
| 10 |  | situations, relationships, or associations that may  | 
| 11 |  | represent or lead to a conflict of interest.
 | 
| 12 |  |  Internal controls and changes submitted by licensees must  | 
| 13 |  | be reviewed and either approved or denied with cause within 90  | 
| 14 |  | days after receipt of submission is deemed final by the  | 
| 15 |  | Illinois Gaming Board. In the event an internal control  | 
| 16 |  | submission or change does not meet the standards set by the  | 
| 17 |  | Board, staff of the Board must provide technical assistance to  | 
| 18 |  | the licensee to rectify such deficiencies within 90 days after  | 
| 19 |  | the initial submission and the revised submission must be  | 
| 20 |  | reviewed and approved or denied with cause within 90 days  | 
| 21 |  | after the date the revised submission is deemed final by the  | 
| 22 |  | Board. For the purposes of this paragraph, "with cause" means  | 
| 23 |  | that the approval of the submission would jeopardize the  | 
| 24 |  | integrity of gaming. In the event the Board staff has not acted  | 
| 25 |  | within the timeframe, the submission shall be deemed approved. | 
| 26 |  |  (c) The Board shall have jurisdiction over and shall  | 
|     | 
| |  |  | 10200HB1563sam001 | - 96 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | supervise all
gambling operations governed by this Act. The  | 
| 2 |  | Board shall have all powers
necessary and proper to fully and  | 
| 3 |  | effectively execute the provisions of
this Act, including, but  | 
| 4 |  | not limited to, the following:
 | 
| 5 |  |   (1) To investigate applicants and determine the  | 
| 6 |  | eligibility of
applicants for licenses and to select among  | 
| 7 |  | competing applicants the
applicants which best serve the  | 
| 8 |  | interests of the citizens of Illinois.
 | 
| 9 |  |   (2) To have jurisdiction and supervision over all  | 
| 10 |  | riverboat gambling
operations authorized under this Act  | 
| 11 |  | and all persons in places where gambling
operations are  | 
| 12 |  | conducted.
 | 
| 13 |  |   (3) To promulgate rules and regulations for the  | 
| 14 |  | purpose of administering
the provisions of this Act and to  | 
| 15 |  | prescribe rules, regulations and
conditions under which  | 
| 16 |  | all gambling operations subject to this
Act shall be
 | 
| 17 |  | conducted. Such rules and regulations are to provide for  | 
| 18 |  | the prevention of
practices detrimental to the public  | 
| 19 |  | interest and for the best interests of
riverboat gambling,  | 
| 20 |  | including rules and regulations regarding the
inspection  | 
| 21 |  | of organization gaming facilities, casinos, and  | 
| 22 |  | riverboats, and the review of any permits or licenses
 | 
| 23 |  | necessary to operate a riverboat, casino, or organization  | 
| 24 |  | gaming facility under any laws or regulations applicable
 | 
| 25 |  | to riverboats, casinos, or organization gaming facilities  | 
| 26 |  | and to impose penalties for violations thereof.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 97 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (4) To enter the office, riverboats, casinos,  | 
| 2 |  | organization gaming facilities, and
other facilities, or  | 
| 3 |  | other
places of business of a licensee, where evidence of  | 
| 4 |  | the compliance or
noncompliance with the provisions of  | 
| 5 |  | this Act is likely to be found.
 | 
| 6 |  |   (5) To investigate alleged violations of this Act or  | 
| 7 |  | the
rules of the Board and to take appropriate  | 
| 8 |  | disciplinary
action against a licensee or a holder of an  | 
| 9 |  | occupational license for a
violation, or institute  | 
| 10 |  | appropriate legal action for enforcement, or both.
 | 
| 11 |  |   (6) To adopt standards for the licensing of all  | 
| 12 |  | persons and entities under this Act,
as well as for  | 
| 13 |  | electronic or mechanical gambling games, and to establish
 | 
| 14 |  | fees for such licenses.
 | 
| 15 |  |   (7) To adopt appropriate standards for all  | 
| 16 |  | organization gaming facilities, riverboats, casinos,
and  | 
| 17 |  | other facilities authorized under this Act.
 | 
| 18 |  |   (8) To require that the records, including financial  | 
| 19 |  | or other statements
of any licensee under this Act, shall  | 
| 20 |  | be kept in such manner as prescribed
by the Board and that  | 
| 21 |  | any such licensee involved in the ownership or
management  | 
| 22 |  | of gambling operations submit to the Board an annual  | 
| 23 |  | balance
sheet and profit and loss statement, list of the  | 
| 24 |  | stockholders or other
persons having a 1% or greater  | 
| 25 |  | beneficial interest in the gambling
activities of each  | 
| 26 |  | licensee, and any other information the Board deems
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 98 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | necessary in order to effectively administer this Act and  | 
| 2 |  | all rules,
regulations, orders and final decisions  | 
| 3 |  | promulgated under this Act.
 | 
| 4 |  |   (9) To conduct hearings, issue subpoenas for the  | 
| 5 |  | attendance of
witnesses and subpoenas duces tecum for the  | 
| 6 |  | production of books, records
and other pertinent documents  | 
| 7 |  | in accordance with the Illinois
Administrative Procedure  | 
| 8 |  | Act, and to administer oaths and affirmations to
the  | 
| 9 |  | witnesses, when, in the judgment of the Board, it is  | 
| 10 |  | necessary to
administer or enforce this Act or the Board  | 
| 11 |  | rules.
 | 
| 12 |  |   (10) To prescribe a form to be used by any licensee  | 
| 13 |  | involved in the
ownership or management of gambling  | 
| 14 |  | operations as an
application for employment for their  | 
| 15 |  | employees.
 | 
| 16 |  |   (11) To revoke or suspend licenses, as the Board may  | 
| 17 |  | see fit and in
compliance with applicable laws of the  | 
| 18 |  | State regarding administrative
procedures, and to review  | 
| 19 |  | applications for the renewal of licenses. The
Board may  | 
| 20 |  | suspend an owners license or an organization gaming  | 
| 21 |  | license without notice or hearing upon a
determination  | 
| 22 |  | that the safety or health of patrons or employees is
 | 
| 23 |  | jeopardized by continuing a gambling operation conducted  | 
| 24 |  | under that license. The suspension may
remain in effect  | 
| 25 |  | until the Board determines that the cause for suspension
 | 
| 26 |  | has been abated. The Board may revoke an owners license or  | 
|     | 
| |  |  | 10200HB1563sam001 | - 99 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | organization gaming license upon a
determination that the  | 
| 2 |  | licensee has not made satisfactory progress toward
abating  | 
| 3 |  | the hazard.
 | 
| 4 |  |   (12) To eject or exclude or authorize the ejection or  | 
| 5 |  | exclusion of, any
person from gambling facilities where  | 
| 6 |  | that person is in violation
of this Act, rules and  | 
| 7 |  | regulations thereunder, or final orders of the
Board, or  | 
| 8 |  | where such person's conduct or reputation is such that his  | 
| 9 |  | or her
presence within the gambling facilities may, in the  | 
| 10 |  | opinion of
the Board, call into question the honesty and  | 
| 11 |  | integrity of the gambling
operations or interfere with the  | 
| 12 |  | orderly conduct thereof; provided that the
propriety of  | 
| 13 |  | such ejection or exclusion is subject to subsequent  | 
| 14 |  | hearing
by the Board.
 | 
| 15 |  |   (13) To require all licensees of gambling operations  | 
| 16 |  | to utilize a
cashless wagering system whereby all players'  | 
| 17 |  | money is converted to tokens,
electronic cards, or chips  | 
| 18 |  | which shall be used only for wagering in the
gambling  | 
| 19 |  | establishment.
 | 
| 20 |  |   (14) (Blank).
 | 
| 21 |  |   (15) To suspend, revoke or restrict licenses, to  | 
| 22 |  | require the
removal of a licensee or an employee of a  | 
| 23 |  | licensee for a violation of this
Act or a Board rule or for  | 
| 24 |  | engaging in a fraudulent practice, and to
impose civil  | 
| 25 |  | penalties of up to $5,000 against individuals and up to
 | 
| 26 |  | $10,000 or an amount equal to the daily gross receipts,  | 
|     | 
| |  |  | 10200HB1563sam001 | - 100 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | whichever is
larger, against licensees for each violation  | 
| 2 |  | of any provision of the Act, any rules adopted by the  | 
| 3 |  | Board, any order of the Board or any other action
which, in  | 
| 4 |  | the Board's discretion, is a detriment or impediment to
 | 
| 5 |  | gambling operations.
 | 
| 6 |  |   (16) To hire employees to gather information, conduct  | 
| 7 |  | investigations
and carry out any other tasks contemplated  | 
| 8 |  | under this Act.
 | 
| 9 |  |   (17) To establish minimum levels of insurance to be  | 
| 10 |  | maintained by
licensees.
 | 
| 11 |  |   (18) To authorize a licensee to sell or serve  | 
| 12 |  | alcoholic liquors, wine or
beer as defined in the Liquor  | 
| 13 |  | Control Act of 1934 on board a riverboat or in a casino
and  | 
| 14 |  | to have exclusive authority to establish the hours for  | 
| 15 |  | sale and
consumption of alcoholic liquor on board a  | 
| 16 |  | riverboat or in a casino, notwithstanding any
provision of  | 
| 17 |  | the Liquor Control Act of 1934 or any local ordinance, and
 | 
| 18 |  | regardless of whether the riverboat makes excursions. The
 | 
| 19 |  | establishment of the hours for sale and consumption of  | 
| 20 |  | alcoholic liquor on
board a riverboat or in a casino is an  | 
| 21 |  | exclusive power and function of the State. A home
rule  | 
| 22 |  | unit may not establish the hours for sale and consumption  | 
| 23 |  | of alcoholic
liquor on board a riverboat or in a casino.  | 
| 24 |  | This subdivision (18) is a denial and
limitation of home  | 
| 25 |  | rule powers and functions under subsection (h) of
Section  | 
| 26 |  | 6 of Article VII of the Illinois Constitution.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 101 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (19) After consultation with the U.S. Army Corps of  | 
| 2 |  | Engineers, to
establish binding emergency orders upon the  | 
| 3 |  | concurrence of a majority of
the members of the Board  | 
| 4 |  | regarding the navigability of water, relative to
 | 
| 5 |  | excursions,
in the event
of extreme weather conditions,  | 
| 6 |  | acts of God or other extreme circumstances.
 | 
| 7 |  |   (20) To delegate the execution of any of its powers  | 
| 8 |  | under this Act for
the purpose of administering and  | 
| 9 |  | enforcing this Act and the rules adopted by the Board.
 | 
| 10 |  |   (20.5) To approve any contract entered into on its  | 
| 11 |  | behalf.
 | 
| 12 |  |   (20.6) To appoint investigators to conduct  | 
| 13 |  | investigations, searches, seizures, arrests, and other  | 
| 14 |  | duties imposed under this Act, as deemed necessary by the  | 
| 15 |  | Board. These investigators have and may exercise all of  | 
| 16 |  | the rights and powers of peace officers, provided that  | 
| 17 |  | these powers shall be limited to offenses or violations  | 
| 18 |  | occurring or committed in a casino, in an organization  | 
| 19 |  | gaming facility, or on a riverboat or dock, as defined in  | 
| 20 |  | subsections (d) and (f) of Section 4, or as otherwise  | 
| 21 |  | provided by this Act or any other law. | 
| 22 |  |   (20.7) To contract with the Illinois State Police for  | 
| 23 |  | the use of trained and qualified State police officers and  | 
| 24 |  | with the Department of Revenue for the use of trained and  | 
| 25 |  | qualified Department of Revenue investigators to conduct  | 
| 26 |  | investigations, searches, seizures, arrests, and other  | 
|     | 
| |  |  | 10200HB1563sam001 | - 102 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | duties imposed under this Act and to exercise all of the  | 
| 2 |  | rights and powers of peace officers, provided that the  | 
| 3 |  | powers of Department of Revenue investigators under this  | 
| 4 |  | subdivision (20.7) shall be limited to offenses or  | 
| 5 |  | violations occurring or committed in a casino, in an  | 
| 6 |  | organization gaming facility, or on a riverboat or dock,  | 
| 7 |  | as defined in subsections (d) and (f) of Section 4, or as  | 
| 8 |  | otherwise provided by this Act or any other law. In the  | 
| 9 |  | event the Illinois State Police or the Department of  | 
| 10 |  | Revenue is unable to fill contracted police or  | 
| 11 |  | investigative positions, the Board may appoint  | 
| 12 |  | investigators to fill those positions pursuant to  | 
| 13 |  | subdivision (20.6).
 | 
| 14 |  |   (21) To adopt rules concerning the conduct of gaming  | 
| 15 |  | pursuant to an organization gaming license issued under  | 
| 16 |  | this Act.  | 
| 17 |  |   (22) To have the same jurisdiction and supervision  | 
| 18 |  | over casinos and organization gaming facilities as the  | 
| 19 |  | Board has over riverboats, including, but not limited to,  | 
| 20 |  | the power to (i) investigate, review, and approve  | 
| 21 |  | contracts as that power is applied to riverboats, (ii)  | 
| 22 |  | adopt rules for administering the provisions of this Act,  | 
| 23 |  | (iii) adopt standards for the licensing of all persons  | 
| 24 |  | involved with a casino or organization gaming facility,  | 
| 25 |  | (iv) investigate alleged violations of this Act by any  | 
| 26 |  | person involved with a casino or organization gaming  | 
|     | 
| |  |  | 10200HB1563sam001 | - 103 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | facility, and (v) require that records, including  | 
| 2 |  | financial or other statements of any casino or  | 
| 3 |  | organization gaming facility, shall be kept in such manner  | 
| 4 |  | as prescribed by the Board. 
 | 
| 5 |  |   (23) To take any other action as may be reasonable or  | 
| 6 |  | appropriate to
enforce this Act and the rules adopted by  | 
| 7 |  | the Board.
 | 
| 8 |  |  (d) The Board may seek and shall receive the cooperation  | 
| 9 |  | of the
Illinois State Police in conducting background  | 
| 10 |  | investigations of
applicants and in fulfilling its  | 
| 11 |  | responsibilities under
this Section. Costs incurred by the  | 
| 12 |  | Illinois State Police as
a result of such cooperation shall be  | 
| 13 |  | paid by the Board in conformance
with the requirements of  | 
| 14 |  | Section 2605-400 of the Illinois State Police Law.
 | 
| 15 |  |  (e) The Board must authorize to each investigator and to  | 
| 16 |  | any other
employee of the Board exercising the powers of a  | 
| 17 |  | peace officer a distinct badge
that, on its face, (i) clearly  | 
| 18 |  | states that the badge is authorized by the Board
and
(ii)  | 
| 19 |  | contains a unique identifying number. No other badge shall be  | 
| 20 |  | authorized
by the Board.
 | 
| 21 |  | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
 | 
| 22 |  |  Section 105. The Environmental Justice Act is amended by  | 
| 23 |  | changing Section 10 as follows: | 
| 24 |  |  (415 ILCS 155/10) | 
|     | 
| |  |  | 10200HB1563sam001 | - 104 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  Sec. 10. Commission on Environmental Justice. | 
| 2 |  |  (a) The Commission on Environmental Justice is established  | 
| 3 |  | and consists of the following 24 voting members: | 
| 4 |  |   (1) 2 members of the Senate, one appointed by the  | 
| 5 |  | President of the Senate and the other by the Minority  | 
| 6 |  | Leader of the Senate, each to serve at the pleasure of the  | 
| 7 |  | appointing officer; | 
| 8 |  |   (2) 2 members of the House of Representatives, one  | 
| 9 |  | appointed by the Speaker of the House of Representatives  | 
| 10 |  | and the other by the Minority Leader of the House of  | 
| 11 |  | Representatives, each to serve at the pleasure of the  | 
| 12 |  | appointing officer; | 
| 13 |  |   (3) the following ex officio members: the Director of  | 
| 14 |  | Commerce and Economic Opportunity or his or her designee,  | 
| 15 |  | the Director of the Environmental Protection Agency or his  | 
| 16 |  | or her designee, the Director of Natural Resources or his  | 
| 17 |  | or her designee, the Director of Public Health or his or  | 
| 18 |  | her designee, the Secretary of Transportation or his or  | 
| 19 |  | her designee, and a representative of the housing office  | 
| 20 |  | of the Department of Human Services appointed by the  | 
| 21 |  | Secretary of Human Services;
and | 
| 22 |  |   (4) 14 members appointed by the Governor who represent  | 
| 23 |  | the following interests: | 
| 24 |  |    (i) at least 4 members of affected communities  | 
| 25 |  | concerned with environmental justice; | 
| 26 |  |    (ii) at least 2 members of business organizations  | 
|     | 
| |  |  | 10200HB1563sam001 | - 105 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | including one member representing a statewide  | 
| 2 |  | organization representing manufacturers and one member  | 
| 3 |  | representing an organization representing the energy  | 
| 4 |  | sector; | 
| 5 |  |    (iii) environmental organizations; | 
| 6 |  |    (iv) experts on environmental health and  | 
| 7 |  | environmental justice; | 
| 8 |  |    (v) units of local government; | 
| 9 |  |    (vi) members of the general public who have an  | 
| 10 |  | interest or expertise in environmental justice; and | 
| 11 |  |    (vii) at least 2 members of labor organizations  | 
| 12 |  | including one member from a statewide labor federation  | 
| 13 |  | representing more than one international union and one  | 
| 14 |  | member from an organization representing workers in  | 
| 15 |  | the energy sector. | 
| 16 |  |   (b) Of the initial members of the Commission appointed  | 
| 17 |  | by the Governor, 5 shall serve for a 2-year term and 5  | 
| 18 |  | shall serve for a 1-year term, as designated by the  | 
| 19 |  | Governor at the time of appointment. The Thereafter, the  | 
| 20 |  | members appointed by the Governor for terms beginning  | 
| 21 |  | before the effective date of this amendatory Act of the  | 
| 22 |  | 102nd General Assembly shall serve 2-year terms. Members  | 
| 23 |  | appointed by the Governor for terms beginning on or after  | 
| 24 |  | the effective date of this amendatory Act of the 102nd  | 
| 25 |  | General Assembly shall serve 4-year terms. Vacancies shall  | 
| 26 |  | be filled in the same manner as appointments. Members of  | 
|     | 
| |  |  | 10200HB1563sam001 | - 106 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | the Commission appointed by the Governor may not receive  | 
| 2 |  | compensation for their service on the Commission and are  | 
| 3 |  | not entitled to reimbursement for expenses. | 
| 4 |  |  (c) The Governor shall designate a Chairperson from among  | 
| 5 |  | the Commission's members. The Commission shall meet at the  | 
| 6 |  | call of the Chairperson, but no later than 90 days after the  | 
| 7 |  | effective date of this Act and at least quarterly thereafter. | 
| 8 |  |  (d) The Commission shall: | 
| 9 |  |   (1) advise State entities on environmental justice and  | 
| 10 |  | related community issues; | 
| 11 |  |   (2) review and analyze the impact of current State  | 
| 12 |  | laws and policies on the issue of environmental justice  | 
| 13 |  | and sustainable communities; | 
| 14 |  |   (3) assess the adequacy of State and local laws to  | 
| 15 |  | address the issue of environmental justice and sustainable  | 
| 16 |  | communities; | 
| 17 |  |   (4) develop criteria to assess whether communities in  | 
| 18 |  | the State may be experiencing environmental justice  | 
| 19 |  | issues; and | 
| 20 |  |   (5) recommend options to the Governor for addressing  | 
| 21 |  | issues, concerns, or problems related to environmental  | 
| 22 |  | justice that surface after reviewing State laws and  | 
| 23 |  | policies, including prioritizing areas of the State that  | 
| 24 |  | need immediate attention. | 
| 25 |  |  (e) On or before October 1, 2011 and each October 1  | 
| 26 |  | thereafter, the Commission shall report its findings and  | 
|     | 
| |  |  | 10200HB1563sam001 | - 107 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | recommendations to the Governor and General Assembly. | 
| 2 |  |  (f) The Environmental Protection Agency shall provide  | 
| 3 |  | administrative and other support to the Commission.
 | 
| 4 |  | (Source: P.A. 99-541, eff. 1-1-17.)
 | 
| 5 |  |  Section 110. The Firearm Owners Identification Card Act is  | 
| 6 |  | amended by changing Section 10 as follows:
 | 
| 7 |  |  (430 ILCS 65/10) (from Ch. 38, par. 83-10)
 | 
| 8 |  |  Sec. 10. Appeals; hearing; relief from firearm  | 
| 9 |  | prohibitions.   | 
| 10 |  |  (a) Whenever an application for a Firearm Owner's  | 
| 11 |  | Identification
Card is denied or whenever such a Card is  | 
| 12 |  | revoked or seized
as provided for in Section 8 of this Act, the  | 
| 13 |  | aggrieved party may
(1) file a record challenge with the  | 
| 14 |  | Director regarding the record upon which the decision to deny  | 
| 15 |  | or revoke the Firearm Owner's Identification Card was based  | 
| 16 |  | under subsection (a-5); or (2) appeal
to the Director of the  | 
| 17 |  | Illinois State Police through December 31, 2022, or beginning  | 
| 18 |  | January 1, 2023, the Firearm Owner's Identification Card  | 
| 19 |  | Review Board for a hearing seeking relief from
such denial or  | 
| 20 |  | revocation unless the denial or revocation
was based upon a  | 
| 21 |  | forcible felony, stalking, aggravated stalking, domestic
 | 
| 22 |  | battery, any violation of the Illinois Controlled Substances  | 
| 23 |  | Act, the Methamphetamine Control and Community Protection Act,  | 
| 24 |  | or the
Cannabis Control Act that is classified as a Class 2 or  | 
|     | 
| |  |  | 10200HB1563sam001 | - 108 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | greater felony,
any
felony violation of Article 24 of the  | 
| 2 |  | Criminal Code of 1961 or the Criminal Code of 2012, or any
 | 
| 3 |  | adjudication as a delinquent minor for the commission of an
 | 
| 4 |  | offense that if committed by an adult would be a felony, in  | 
| 5 |  | which case the
aggrieved party may petition the circuit court  | 
| 6 |  | in writing in the county of
his or her residence for a hearing  | 
| 7 |  | seeking relief from such denial or revocation.
 | 
| 8 |  |  (a-5) There is created a Firearm Owner's Identification  | 
| 9 |  | Card Review Board to consider any appeal under subsection (a)  | 
| 10 |  | beginning January 1, 2023, other than an appeal directed to  | 
| 11 |  | the circuit court and except when the applicant is challenging  | 
| 12 |  | the record upon which the decision to deny or revoke was based  | 
| 13 |  | as provided in subsection (a-10). | 
| 14 |  |   (0.05) In furtherance of the policy of this Act that  | 
| 15 |  | the Board shall exercise its powers and duties in an  | 
| 16 |  | independent manner, subject to the provisions of this Act  | 
| 17 |  | but free from the direction, control, or influence of any  | 
| 18 |  | other agency or department of State government. All  | 
| 19 |  | expenses and liabilities incurred by the Board in the  | 
| 20 |  | performance of its responsibilities hereunder shall be  | 
| 21 |  | paid from funds which shall be appropriated to the Board  | 
| 22 |  | by the General Assembly for the ordinary and contingent  | 
| 23 |  | expenses of the Board.  | 
| 24 |  |   (1) The Board shall consist of 7 members appointed by  | 
| 25 |  | the Governor, with the advice and consent of the Senate,  | 
| 26 |  | with 3 members residing within the First Judicial District  | 
|     | 
| |  |  | 10200HB1563sam001 | - 109 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | and one member residing within each of the 4 remaining  | 
| 2 |  | Judicial Districts. No more than 4 members shall be  | 
| 3 |  | members of the same political party. The Governor shall  | 
| 4 |  | designate one member as the chairperson. The members shall  | 
| 5 |  | have actual experience in law, education, social work,  | 
| 6 |  | behavioral sciences, law enforcement, or community affairs  | 
| 7 |  | or in a combination of those areas. The Board shall  | 
| 8 |  | consist of:  | 
| 9 |  |    (A) one member with at least 5 years of service as  | 
| 10 |  | a federal or State judge; | 
| 11 |  |    (B) one member with at least 5 years of experience  | 
| 12 |  | serving as an attorney with the United States  | 
| 13 |  | Department of Justice, or as a State's Attorney or  | 
| 14 |  | Assistant State's Attorney; | 
| 15 |  |    (C) one member with at least 5 years of experience  | 
| 16 |  | serving as a State or federal public defender or  | 
| 17 |  | assistant public defender; | 
| 18 |  |    (D) three members with at least 5 years of  | 
| 19 |  | experience as a federal, State, or local law  | 
| 20 |  | enforcement agent or as an employee with investigative  | 
| 21 |  | experience or duties related to criminal justice under  | 
| 22 |  | the United States Department of Justice, Drug  | 
| 23 |  | Enforcement Administration, Department of Homeland  | 
| 24 |  | Security, Federal Bureau of Investigation, or a State  | 
| 25 |  | or local law enforcement agency; and | 
| 26 |  |    (E) one member with at least 5 years of experience  | 
|     | 
| |  |  | 10200HB1563sam001 | - 110 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | as a licensed physician or clinical psychologist with  | 
| 2 |  | expertise in the diagnosis and treatment of mental  | 
| 3 |  | illness. | 
| 4 |  |   (2) The terms of the members initially appointed after  | 
| 5 |  | January 1, 2022 (the effective date of Public Act 102-237)  | 
| 6 |  | shall be as follows: one of
the initial members shall be  | 
| 7 |  | appointed for a term of one year, 3 shall be
appointed for  | 
| 8 |  | terms of 2 years, and 3 shall be appointed for terms of 4  | 
| 9 |  | years. Thereafter, members shall hold office for 4 years,  | 
| 10 |  | with terms expiring on the second Monday in January  | 
| 11 |  | immediately following the expiration of their terms and  | 
| 12 |  | every 4 years thereafter. Members may be reappointed.  | 
| 13 |  | Vacancies in the office of member shall be filled in the  | 
| 14 |  | same manner as the original appointment, for the remainder  | 
| 15 |  | of the unexpired term. The Governor may remove a member  | 
| 16 |  | for incompetence, neglect of duty, malfeasance, or  | 
| 17 |  | inability to serve. Members shall receive compensation in  | 
| 18 |  | an amount equal to the compensation of members of the  | 
| 19 |  | Executive Ethics Commission and may be reimbursed, from  | 
| 20 |  | funds appropriated for such a purpose, for reasonable  | 
| 21 |  | expenses actually incurred in the performance of their  | 
| 22 |  | Board duties. The Illinois State Police shall designate an  | 
| 23 |  | employee to serve as Executive Director of the Board and  | 
| 24 |  | provide logistical and administrative assistance to the  | 
| 25 |  | Board.  | 
| 26 |  |   (3) The Board shall meet at least quarterly each year  | 
|     | 
| |  |  | 10200HB1563sam001 | - 111 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | and at the call of the chairperson as often as necessary to  | 
| 2 |  | consider appeals of decisions made with respect to  | 
| 3 |  | applications for a Firearm Owner's Identification Card  | 
| 4 |  | under this Act. If necessary to ensure the participation  | 
| 5 |  | of a member, the Board shall allow a member to participate  | 
| 6 |  | in a Board meeting by electronic communication. Any member  | 
| 7 |  | participating electronically shall be deemed present for  | 
| 8 |  | purposes of establishing a quorum and voting. | 
| 9 |  |   (4) The Board shall adopt rules for the review of  | 
| 10 |  | appeals and the conduct of hearings. The Board shall  | 
| 11 |  | maintain a record of its decisions and all materials  | 
| 12 |  | considered in making its decisions. All Board decisions  | 
| 13 |  | and voting records shall be kept confidential and all  | 
| 14 |  | materials considered by the Board shall be exempt from  | 
| 15 |  | inspection except upon order of a court. | 
| 16 |  |   (5) In considering an appeal, the Board shall review  | 
| 17 |  | the materials received concerning the denial or revocation  | 
| 18 |  | by the Illinois State Police. By a vote of at least 4  | 
| 19 |  | members, the Board may request additional information from  | 
| 20 |  | the Illinois State Police or the applicant or the  | 
| 21 |  | testimony of the Illinois State Police or the applicant.  | 
| 22 |  | The Board may require that the applicant submit electronic  | 
| 23 |  | fingerprints to the Illinois State Police for an updated  | 
| 24 |  | background check if the Board determines it lacks  | 
| 25 |  | sufficient information to determine eligibility. The Board  | 
| 26 |  | may consider information submitted by the Illinois State  | 
|     | 
| |  |  | 10200HB1563sam001 | - 112 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Police, a law enforcement agency, or the applicant. The  | 
| 2 |  | Board shall review each denial or revocation and determine  | 
| 3 |  | by a majority of members whether an applicant should be  | 
| 4 |  | granted relief under subsection (c). | 
| 5 |  |   (6) The Board shall by order issue summary decisions.  | 
| 6 |  | The Board shall issue a decision within 45 days of  | 
| 7 |  | receiving all completed appeal documents from the Illinois  | 
| 8 |  | State Police and the applicant. However, the Board need  | 
| 9 |  | not issue a decision within 45 days if: | 
| 10 |  |    (A) the Board requests information from the  | 
| 11 |  | applicant, including, but not limited to, electronic  | 
| 12 |  | fingerprints to be submitted to the Illinois State  | 
| 13 |  | Police, in accordance with paragraph (5) of this  | 
| 14 |  | subsection, in which case the Board shall make a  | 
| 15 |  | decision within 30 days of receipt of the required  | 
| 16 |  | information from the applicant; | 
| 17 |  |    (B) the applicant agrees, in writing, to allow the  | 
| 18 |  | Board additional time to consider an appeal; or | 
| 19 |  |    (C) the Board notifies the applicant and the  | 
| 20 |  | Illinois State Police that the Board needs an  | 
| 21 |  | additional 30 days to issue a decision. The Board may  | 
| 22 |  | only issue 2 extensions under this subparagraph (C).  | 
| 23 |  | The Board's notification to the applicant and the  | 
| 24 |  | Illinois State Police shall include an explanation for  | 
| 25 |  | the extension. | 
| 26 |  |   (7) If the Board determines that the applicant is  | 
|     | 
| |  |  | 10200HB1563sam001 | - 113 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | eligible for relief under subsection (c), the Board shall  | 
| 2 |  | notify the applicant and the Illinois State Police that  | 
| 3 |  | relief has been granted and the Illinois State Police  | 
| 4 |  | shall issue the Card. | 
| 5 |  |   (8) Meetings of the Board shall not be subject to the  | 
| 6 |  | Open Meetings Act and records of the Board shall not be  | 
| 7 |  | subject to the Freedom of Information Act. | 
| 8 |  |   (9) The Board shall report monthly to the Governor and  | 
| 9 |  | the General Assembly on the number of appeals received and  | 
| 10 |  | provide details of the circumstances in which the Board  | 
| 11 |  | has determined to deny Firearm Owner's Identification  | 
| 12 |  | Cards under this subsection (a-5). The report shall not  | 
| 13 |  | contain any identifying information about the applicants.  | 
| 14 |  |  (a-10) Whenever an applicant or cardholder is not seeking  | 
| 15 |  | relief from a firearms prohibition under subsection (c) but  | 
| 16 |  | rather does not believe the applicant is appropriately denied  | 
| 17 |  | or revoked and is challenging the record upon which the  | 
| 18 |  | decision to deny or revoke the Firearm Owner's Identification  | 
| 19 |  | Card was based, or whenever the Illinois State Police fails to  | 
| 20 |  | act on an application within 30 days of its receipt, the  | 
| 21 |  | applicant shall file such challenge with the Director. The  | 
| 22 |  | Director shall render a decision within 60 business days of  | 
| 23 |  | receipt of all information supporting the challenge. The  | 
| 24 |  | Illinois State Police shall adopt rules for the review of a  | 
| 25 |  | record challenge.  | 
| 26 |  |  (b) At least 30 days before any hearing in the circuit  | 
|     | 
| |  |  | 10200HB1563sam001 | - 114 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | court, the
petitioner shall serve the
relevant State's  | 
| 2 |  | Attorney with a copy of the petition. The State's Attorney
may  | 
| 3 |  | object to the petition and present evidence. At the hearing,  | 
| 4 |  | the court
shall
determine whether substantial justice has been  | 
| 5 |  | done. Should the court
determine that substantial justice has  | 
| 6 |  | not been done, the court shall issue an
order directing the  | 
| 7 |  | Illinois State Police to issue a Card. However, the court  | 
| 8 |  | shall not issue the order if the petitioner is otherwise  | 
| 9 |  | prohibited from obtaining, possessing, or using a firearm  | 
| 10 |  | under
federal law. 
 | 
| 11 |  |  (c) Any person prohibited from possessing a firearm under  | 
| 12 |  | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or  | 
| 13 |  | acquiring a Firearm Owner's
Identification Card under Section  | 
| 14 |  | 8 of this Act may apply to
the Firearm Owner's Identification  | 
| 15 |  | Card Review Board
or petition the circuit court in the county  | 
| 16 |  | where the petitioner resides,
whichever is applicable in  | 
| 17 |  | accordance with subsection (a) of this Section,
requesting  | 
| 18 |  | relief
from such prohibition and the Board or court may grant  | 
| 19 |  | such relief if it
is
established by the applicant to the  | 
| 20 |  | court's or the Board's satisfaction
that:
 | 
| 21 |  |   (0.05) when in the circuit court, the State's Attorney  | 
| 22 |  | has been served
with a written
copy of the
petition at  | 
| 23 |  | least 30 days before any such hearing in the circuit court  | 
| 24 |  | and at
the hearing the
State's Attorney was afforded an  | 
| 25 |  | opportunity to present evidence and object to
the  | 
| 26 |  | petition;
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 115 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (1) the applicant has not been convicted of a forcible  | 
| 2 |  | felony under the
laws of this State or any other  | 
| 3 |  | jurisdiction within 20 years of the
applicant's  | 
| 4 |  | application for a Firearm Owner's Identification Card, or  | 
| 5 |  | at
least 20 years have passed since the end of any period  | 
| 6 |  | of imprisonment
imposed in relation to that conviction;
 | 
| 7 |  |   (2) the circumstances regarding a criminal conviction,  | 
| 8 |  | where applicable,
the applicant's criminal history and his  | 
| 9 |  | reputation are such that the applicant
will not be likely  | 
| 10 |  | to act in a manner dangerous to public safety;
 | 
| 11 |  |   (3) granting relief would not be contrary to the  | 
| 12 |  | public interest; and | 
| 13 |  |   (4) granting relief would not be contrary to federal  | 
| 14 |  | law.
 | 
| 15 |  |  (c-5) (1) An active law enforcement officer employed by a  | 
| 16 |  | unit of government or a Department of Corrections employee  | 
| 17 |  | authorized to possess firearms who is denied, revoked, or has  | 
| 18 |  | his or her Firearm Owner's Identification Card seized under  | 
| 19 |  | subsection (e) of Section 8 of this Act may apply to the  | 
| 20 |  | Firearm Owner's Identification Card Review Board requesting  | 
| 21 |  | relief if the officer or employee did not act in a manner  | 
| 22 |  | threatening to the officer or employee, another person, or the  | 
| 23 |  | public as determined by the treating clinical psychologist or  | 
| 24 |  | physician, and as a result of his or her work is referred by  | 
| 25 |  | the employer for or voluntarily seeks mental health evaluation  | 
| 26 |  | or treatment by a licensed clinical psychologist,  | 
|     | 
| |  |  | 10200HB1563sam001 | - 116 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | psychiatrist, or qualified examiner, and: | 
| 2 |  |   (A) the officer or employee has not received treatment  | 
| 3 |  | involuntarily at a mental health facility, regardless of  | 
| 4 |  | the length of admission; or has not been voluntarily  | 
| 5 |  | admitted to a mental health facility for more than 30 days  | 
| 6 |  | and not for more than one incident within the past 5 years;  | 
| 7 |  | and | 
| 8 |  |   (B) the officer or employee has not left the mental  | 
| 9 |  | institution against medical advice. | 
| 10 |  |  (2) The Firearm Owner's Identification Card Review Board  | 
| 11 |  | shall grant expedited relief to active law enforcement  | 
| 12 |  | officers and employees described in paragraph (1) of this  | 
| 13 |  | subsection (c-5) upon a determination by the Board that the  | 
| 14 |  | officer's or employee's possession of a firearm does not  | 
| 15 |  | present a threat to themselves, others, or public safety. The  | 
| 16 |  | Board shall act on the request for relief within 30 business  | 
| 17 |  | days of receipt of: | 
| 18 |  |   (A) a notarized statement from the officer or employee  | 
| 19 |  | in the form prescribed by the Board detailing the  | 
| 20 |  | circumstances that led to the hospitalization; | 
| 21 |  |   (B) all documentation regarding the admission,  | 
| 22 |  | evaluation, treatment and discharge from the treating  | 
| 23 |  | licensed clinical psychologist or psychiatrist of the  | 
| 24 |  | officer; | 
| 25 |  |   (C) a psychological fitness for duty evaluation of the  | 
| 26 |  | person completed after the time of discharge; and | 
|     | 
| |  |  | 10200HB1563sam001 | - 117 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |   (D) written confirmation in the form prescribed by the  | 
| 2 |  | Board from the treating licensed clinical psychologist or  | 
| 3 |  | psychiatrist that the provisions set forth in paragraph  | 
| 4 |  | (1) of this subsection (c-5) have been met, the person  | 
| 5 |  | successfully completed treatment, and their professional  | 
| 6 |  | opinion regarding the person's ability to possess  | 
| 7 |  | firearms. | 
| 8 |  |  (3) Officers and employees eligible for the expedited  | 
| 9 |  | relief in paragraph (2) of this subsection (c-5) have the  | 
| 10 |  | burden of proof on eligibility and must provide all  | 
| 11 |  | information required. The Board may not consider granting  | 
| 12 |  | expedited relief until the proof and information is received. | 
| 13 |  |  (4) "Clinical psychologist", "psychiatrist", and  | 
| 14 |  | "qualified examiner" shall have the same meaning as provided  | 
| 15 |  | in Chapter I of the Mental Health and Developmental  | 
| 16 |  | Disabilities Code.  | 
| 17 |  |  (c-10) (1) An applicant, who is denied, revoked, or has  | 
| 18 |  | his or her Firearm Owner's Identification Card seized under  | 
| 19 |  | subsection (e) of Section 8 of this Act based upon a  | 
| 20 |  | determination of a developmental disability or an intellectual  | 
| 21 |  | disability may apply to the Firearm Owner's Identification  | 
| 22 |  | Card Review Board requesting relief. | 
| 23 |  |  (2) The Board shall act on the request for relief within 60  | 
| 24 |  | business days of receipt of written certification, in the form  | 
| 25 |  | prescribed by the Board, from a physician or clinical  | 
| 26 |  | psychologist, or qualified examiner, that the aggrieved  | 
|     | 
| |  |  | 10200HB1563sam001 | - 118 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | party's developmental disability or intellectual disability  | 
| 2 |  | condition is determined by a physician, clinical psychologist,  | 
| 3 |  | or qualified to be mild. If a fact-finding conference is  | 
| 4 |  | scheduled to obtain additional information concerning the  | 
| 5 |  | circumstances of the denial or revocation, the 60 business  | 
| 6 |  | days the Director has to act shall be tolled until the  | 
| 7 |  | completion of the fact-finding conference. | 
| 8 |  |  (3) The Board may grant relief if the aggrieved party's  | 
| 9 |  | developmental disability or intellectual disability is mild as  | 
| 10 |  | determined by a physician, clinical psychologist, or qualified  | 
| 11 |  | examiner and it is established by the applicant to the Board's  | 
| 12 |  | satisfaction that: | 
| 13 |  |   (A) granting relief would not be contrary to the  | 
| 14 |  | public interest; and | 
| 15 |  |   (B) granting relief would not be contrary to federal  | 
| 16 |  | law. | 
| 17 |  |  (4) The Board may not grant relief if the condition is  | 
| 18 |  | determined by a physician, clinical psychologist, or qualified  | 
| 19 |  | examiner to be moderate, severe, or profound. | 
| 20 |  |  (5) The changes made to this Section by Public Act 99-29  | 
| 21 |  | apply to requests for
relief pending on or before July 10, 2015  | 
| 22 |  | (the effective date of Public Act 99-29), except that the  | 
| 23 |  | 60-day period for the Director to act on requests pending  | 
| 24 |  | before the effective date shall begin
on July 10, 2015 (the  | 
| 25 |  | effective date of Public Act 99-29). All appeals as provided  | 
| 26 |  | in subsection (a-5) pending on January 1, 2023 shall be  | 
|     | 
| |  |  | 10200HB1563sam001 | - 119 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | considered by the Board.  | 
| 2 |  |  (d) When a minor is adjudicated delinquent for an offense  | 
| 3 |  | which if
committed by an adult would be a felony, the court  | 
| 4 |  | shall notify the Illinois State Police.
 | 
| 5 |  |  (e) The court shall review the denial of an application or  | 
| 6 |  | the revocation of
a Firearm Owner's Identification Card of a  | 
| 7 |  | person who has been adjudicated
delinquent for an offense that  | 
| 8 |  | if
committed by an adult would be a felony if an
application  | 
| 9 |  | for relief has been filed at least 10 years after the  | 
| 10 |  | adjudication
of delinquency and the court determines that the  | 
| 11 |  | applicant should be
granted relief from disability to obtain a  | 
| 12 |  | Firearm Owner's Identification Card.
If the court grants  | 
| 13 |  | relief, the court shall notify the Illinois State
Police that  | 
| 14 |  | the disability has
been removed and that the applicant is  | 
| 15 |  | eligible to obtain a Firearm Owner's
Identification Card.
 | 
| 16 |  |  (f) Any person who is subject to the disabilities of 18  | 
| 17 |  | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act  | 
| 18 |  | of 1968 because of an adjudication or commitment that occurred  | 
| 19 |  | under the laws of this State or who was determined to be  | 
| 20 |  | subject to the provisions of subsections (e), (f), or (g) of  | 
| 21 |  | Section 8 of this Act may apply to the Illinois State Police  | 
| 22 |  | requesting relief from that prohibition. The Board shall grant  | 
| 23 |  | the relief if it is established by a preponderance of the  | 
| 24 |  | evidence that the person will not be likely to act in a manner  | 
| 25 |  | dangerous to public safety and that granting relief would not  | 
| 26 |  | be contrary to the public interest. In making this  | 
|     | 
| |  |  | 10200HB1563sam001 | - 120 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | determination, the Board shall receive evidence concerning (i)  | 
| 2 |  | the circumstances regarding the firearms disabilities from  | 
| 3 |  | which relief is sought; (ii) the petitioner's mental health  | 
| 4 |  | and criminal history records, if any; (iii) the petitioner's  | 
| 5 |  | reputation, developed at a minimum through character witness  | 
| 6 |  | statements, testimony, or other character evidence; and (iv)  | 
| 7 |  | changes in the petitioner's condition or circumstances since  | 
| 8 |  | the disqualifying events relevant to the relief sought. If  | 
| 9 |  | relief is granted under this subsection or by order of a court  | 
| 10 |  | under this Section, the Director shall as soon as practicable  | 
| 11 |  | but in no case later than 15 business days, update, correct,  | 
| 12 |  | modify, or remove the person's record in any database that the  | 
| 13 |  | Illinois State Police makes available to the National Instant  | 
| 14 |  | Criminal Background Check System and notify the United States  | 
| 15 |  | Attorney General that the basis for the record being made  | 
| 16 |  | available no longer applies. The Illinois State Police shall  | 
| 17 |  | adopt rules for the administration of this Section. | 
| 18 |  | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | 
| 19 |  | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
 | 
| 20 |  |  Section 115. The Firearm Concealed Carry Act is amended by  | 
| 21 |  | changing Section 20 as follows: | 
| 22 |  |  (430 ILCS 66/20)
 | 
| 23 |  |  Sec. 20. Concealed Carry Licensing Review Board.  | 
| 24 |  |  (a) There is hereby created within the Illinois State  | 
|     | 
| |  |  | 10200HB1563sam001 | - 121 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Police a Concealed Carry Licensing Review Board to consider  | 
| 2 |  | any objection to an applicant's eligibility to obtain a  | 
| 3 |  | license under this Act submitted by a law enforcement agency  | 
| 4 |  | or the Illinois State Police under Section 15 of this Act. The  | 
| 5 |  | Board shall consist of 7 commissioners to be appointed by the  | 
| 6 |  | Governor, with the advice and consent of the Senate, with 3  | 
| 7 |  | commissioners residing within the First Judicial District and  | 
| 8 |  | one commissioner residing within each of the 4 remaining  | 
| 9 |  | Judicial Districts. No more than 4 commissioners shall be  | 
| 10 |  | members of the same political party. The Governor shall  | 
| 11 |  | designate one commissioner as the Chairperson. The members  | 
| 12 |  | shall have actual experience in law, education, social work,  | 
| 13 |  | behavioral sciences, law enforcement, or community affairs or  | 
| 14 |  | in a combination of those areas. The Board shall consist of: | 
| 15 |  |   (1) one commissioner with at least 5 years of service  | 
| 16 |  | as a federal judge; | 
| 17 |  |   (2) 2 commissioners with at least 5 years of  | 
| 18 |  | experience serving as an attorney with the United States  | 
| 19 |  | Department of Justice; | 
| 20 |  |   (3) 3 commissioners with at least 5 years of  | 
| 21 |  | experience as a federal agent or employee with  | 
| 22 |  | investigative experience or duties related to criminal  | 
| 23 |  | justice under the United States Department of Justice,  | 
| 24 |  | Drug Enforcement Administration, Department of Homeland  | 
| 25 |  | Security, or Federal Bureau of Investigation; and | 
| 26 |  |   (4) one member with at least 5 years of experience as a  | 
|     | 
| |  |  | 10200HB1563sam001 | - 122 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | licensed physician or clinical psychologist with expertise  | 
| 2 |  | in the diagnosis and treatment of mental illness. | 
| 3 |  |  (b) The initial terms of the commissioners shall end on  | 
| 4 |  | January 12, 2015. Notwithstanding any provision in this  | 
| 5 |  | Section to the contrary, the term
of office of each  | 
| 6 |  | commissioner of the Concealed Carry Licensing Review Board is  | 
| 7 |  | abolished on January 1, 2022 (the effective date of Public Act  | 
| 8 |  | 102-237). The terms of the commissioners appointed on or after  | 
| 9 |  | January 1, 2022 (the effective date of Public Act 102-237)  | 
| 10 |  | shall be as follows: one of
the initial members shall be  | 
| 11 |  | appointed for a term of one year, 3 shall be
appointed for  | 
| 12 |  | terms of 2 years, and 3 shall be appointed for terms of 4  | 
| 13 |  | years. Thereafter, the commissioners shall hold office for 4  | 
| 14 |  | years, with terms expiring on the second Monday in January of  | 
| 15 |  | the fourth year. Commissioners may be reappointed. Vacancies  | 
| 16 |  | in the office of commissioner shall be filled in the same  | 
| 17 |  | manner as the original appointment, for the remainder of the  | 
| 18 |  | unexpired term. The Governor may remove a commissioner for  | 
| 19 |  | incompetence, neglect of duty, malfeasance, or inability to  | 
| 20 |  | serve. Commissioners shall receive compensation in an amount  | 
| 21 |  | equal to the compensation of members of the Executive Ethics  | 
| 22 |  | Commission and may be reimbursed for reasonable expenses  | 
| 23 |  | actually incurred in the performance of their Board duties,  | 
| 24 |  | from funds appropriated for that purpose. | 
| 25 |  |  (c) The Board shall meet at the call of the chairperson as  | 
| 26 |  | often as necessary to consider objections to applications for  | 
|     | 
| |  |  | 10200HB1563sam001 | - 123 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | a license under this Act. If necessary to ensure the  | 
| 2 |  | participation of a commissioner, the Board shall allow a  | 
| 3 |  | commissioner to participate in a Board meeting by electronic  | 
| 4 |  | communication. Any commissioner participating electronically  | 
| 5 |  | shall be deemed present for purposes of establishing a quorum  | 
| 6 |  | and voting. | 
| 7 |  |  (d) The Board shall adopt rules for the review of  | 
| 8 |  | objections and the conduct of hearings. The Board shall  | 
| 9 |  | maintain a record of its decisions and all materials  | 
| 10 |  | considered in making its decisions. All Board decisions and  | 
| 11 |  | voting records shall be kept confidential and all materials  | 
| 12 |  | considered by the Board shall be exempt from inspection except  | 
| 13 |  | upon order of a court. | 
| 14 |  |  (e) In considering an objection of a law enforcement  | 
| 15 |  | agency or the Illinois State Police, the Board shall review  | 
| 16 |  | the materials received with the objection from the law  | 
| 17 |  | enforcement agency or the Illinois State Police. By a vote of  | 
| 18 |  | at least 4 commissioners, the Board may request additional  | 
| 19 |  | information from the law enforcement agency, Illinois State  | 
| 20 |  | Police, or the applicant, or the testimony of the law  | 
| 21 |  | enforcement agency, Illinois State Police, or the applicant.  | 
| 22 |  | The Board may require that the applicant submit electronic  | 
| 23 |  | fingerprints to the Illinois State Police for an updated  | 
| 24 |  | background check where the Board determines it lacks  | 
| 25 |  | sufficient information to determine eligibility. The Board may  | 
| 26 |  | only consider information submitted by the Illinois State  | 
|     | 
| |  |  | 10200HB1563sam001 | - 124 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Police, a law enforcement agency, or the applicant. The Board  | 
| 2 |  | shall review each objection and determine by a majority of  | 
| 3 |  | commissioners whether an applicant is eligible for a license. | 
| 4 |  |  (f) The Board shall issue a decision within 30 days of  | 
| 5 |  | receipt of the objection from the Illinois State Police.  | 
| 6 |  | However, the Board need not issue a decision within 30 days if: | 
| 7 |  |   (1) the Board requests information from the applicant,  | 
| 8 |  | including but not limited to electronic fingerprints to be  | 
| 9 |  | submitted to the Illinois State Police, in accordance with  | 
| 10 |  | subsection (e) of this Section, in which case the Board  | 
| 11 |  | shall make a decision within 30 days of receipt of the  | 
| 12 |  | required information from the applicant; | 
| 13 |  |   (2) the applicant agrees, in writing, to allow the  | 
| 14 |  | Board additional time to consider an objection; or | 
| 15 |  |   (3) the Board notifies the applicant and the Illinois  | 
| 16 |  | State Police that the Board needs an additional 30 days to  | 
| 17 |  | issue a decision. | 
| 18 |  |  (g) If the Board determines by a preponderance of the  | 
| 19 |  | evidence that the applicant poses a danger to himself or  | 
| 20 |  | herself or others, or is a threat to public safety, then the  | 
| 21 |  | Board shall affirm the objection of the law enforcement agency  | 
| 22 |  | or the Illinois State Police and shall notify the Illinois  | 
| 23 |  | State Police that the applicant is ineligible for a license.  | 
| 24 |  | If the Board does not determine by a preponderance of the  | 
| 25 |  | evidence that the applicant poses a danger to himself or  | 
| 26 |  | herself or others, or is a threat to public safety, then the  | 
|     | 
| |  |  | 10200HB1563sam001 | - 125 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | Board shall notify the Illinois State Police that the  | 
| 2 |  | applicant is eligible for a license. | 
| 3 |  |  (h) Meetings of the Board shall not be subject to the Open  | 
| 4 |  | Meetings Act and records of the Board shall not be subject to  | 
| 5 |  | the Freedom of Information Act. | 
| 6 |  |  (i) The Board shall report monthly to the Governor and the  | 
| 7 |  | General Assembly on the number of objections received and  | 
| 8 |  | provide details of the circumstances in which the Board has  | 
| 9 |  | determined to deny licensure based on law enforcement or  | 
| 10 |  | Illinois State Police objections under Section 15 of this Act.  | 
| 11 |  | The report shall not contain any identifying information about  | 
| 12 |  | the applicants.
 | 
| 13 |  | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;  | 
| 14 |  | 102-813, eff. 5-13-22.) | 
| 15 |  |  (615 ILCS 60/Act rep.) | 
| 16 |  |  Section 120. The Des Plaines and Illinois Rivers Act is  | 
| 17 |  | repealed. | 
| 18 |  |  Section 125. The Illinois Human Rights Act is amended by  | 
| 19 |  | changing Section 8-101 as follows:
 | 
| 20 |  |  (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
 | 
| 21 |  |  Sec. 8-101. Illinois Human Rights Commission.
 | 
| 22 |  |  (A) Creation; appointments. The Human Rights Commission is  | 
| 23 |  | created to consist
of 7 members appointed by the Governor with  | 
|     | 
| |  |  | 10200HB1563sam001 | - 126 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | the advice and consent of the
Senate. No more than 4 members  | 
| 2 |  | shall be of the same political party. The
Governor shall  | 
| 3 |  | designate one member as chairperson. All appointments shall
be  | 
| 4 |  | in writing and filed with the Secretary of State as a public  | 
| 5 |  | record.
 | 
| 6 |  |  (B) Terms. Of the members first appointed, 4 shall be  | 
| 7 |  | appointed for a
term to expire on the third Monday of January,  | 
| 8 |  | 2021, and 3 (including the
Chairperson) shall be appointed for  | 
| 9 |  | a term to expire on the third Monday
of January, 2023. 
 | 
| 10 |  |  Notwithstanding any provision of this Section to the  | 
| 11 |  | contrary, the term
of office of each member of the Illinois  | 
| 12 |  | Human Rights Commission is
abolished on January 19, 2019.  | 
| 13 |  | Incumbent members holding a position on the Commission that  | 
| 14 |  | was created by Public Act 84-115 and whose terms, if not for  | 
| 15 |  | this amendatory Act of the 100th General Assembly, would have  | 
| 16 |  | expired January 18, 2021 shall continue to exercise all of the  | 
| 17 |  | powers and be
subject to all of the duties of members of the  | 
| 18 |  | Commission until June 30, 2019 or until
their respective  | 
| 19 |  | successors are appointed and qualified, whichever is earlier.
 | 
| 20 |  |  Thereafter, each member shall serve for a term of 4 years
 | 
| 21 |  | and until his or her successor is appointed and qualified;  | 
| 22 |  | except that any
member chosen to fill a vacancy occurring  | 
| 23 |  | otherwise than by expiration of
a term shall be appointed only  | 
| 24 |  | for the unexpired term of the member whom
he or she shall  | 
| 25 |  | succeed and until his or her successor is appointed and
 | 
| 26 |  | qualified.
 | 
|     | 
| |  |  | 10200HB1563sam001 | - 127 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  |  (C) Vacancies.  | 
| 2 |  |   (1) In the case of vacancies on the Commission during
 | 
| 3 |  | a recess of the Senate, the Governor shall make a  | 
| 4 |  | temporary appointment
until the next meeting of the Senate  | 
| 5 |  | when he or she shall appoint a person
to fill the vacancy.  | 
| 6 |  | Any person so nominated and confirmed by the Senate
shall  | 
| 7 |  | hold office for the remainder of the term and until his or  | 
| 8 |  | her successor
is appointed and qualified.
 | 
| 9 |  |   (2) If the Senate is not in session at the time this  | 
| 10 |  | Act takes effect,
the Governor shall make temporary  | 
| 11 |  | appointments to the Commission as in the
case of  | 
| 12 |  | vacancies.
 | 
| 13 |  |   (3) Vacancies in the Commission shall not impair the  | 
| 14 |  | right of the remaining
members to exercise all the powers  | 
| 15 |  | of the Commission. Except when authorized
by this Act to  | 
| 16 |  | proceed through a 3 member panel, a majority of the  | 
| 17 |  | members
of the Commission then in office shall constitute  | 
| 18 |  | a quorum.
 | 
| 19 |  |  (D) Compensation. On and after January 19, 2019, the  | 
| 20 |  | Chairperson of the Commission shall be compensated
at the rate  | 
| 21 |  | of $125,000 per year, or as set by the Compensation Review
 | 
| 22 |  | Board, whichever is greater, during his or her service as  | 
| 23 |  | Chairperson,
and each other member shall be compensated at the  | 
| 24 |  | rate of $119,000 per
year, or as set by the Compensation Review  | 
| 25 |  | Board, whichever is greater.
In addition, all members of the  | 
| 26 |  | Commission shall be reimbursed for expenses
actually and  | 
|     | 
| |  |  | 10200HB1563sam001 | - 128 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | necessarily incurred by them
in the performance of their  | 
| 2 |  | duties.
 | 
| 3 |  |  (E) Notwithstanding the general supervisory authority of  | 
| 4 |  | the Chairperson, each commissioner, unless appointed to the  | 
| 5 |  | special temporary panel created under subsection (H), has the  | 
| 6 |  | authority to hire and supervise a staff attorney. The staff  | 
| 7 |  | attorney shall report directly to the individual commissioner. | 
| 8 |  |  (F) A formal training program for newly appointed  | 
| 9 |  | commissioners shall be implemented. The training program shall  | 
| 10 |  | include the following: | 
| 11 |  |   (1) substantive and procedural aspects of the office  | 
| 12 |  | of commissioner; | 
| 13 |  |   (2) current issues in employment and housing  | 
| 14 |  | discrimination and public accommodation law and practice; | 
| 15 |  |   (3) orientation to each operational unit of the
Human  | 
| 16 |  | Rights Commission; | 
| 17 |  |   (4) observation of experienced hearing officers and  | 
| 18 |  | commissioners conducting hearings of cases, combined with  | 
| 19 |  | the opportunity to discuss evidence presented and rulings  | 
| 20 |  | made; | 
| 21 |  |   (5) the use of hypothetical cases requiring the
newly  | 
| 22 |  | appointed commissioner to issue judgments as a means of  | 
| 23 |  | evaluating knowledge and writing ability; | 
| 24 |  |   (6) writing skills; and | 
| 25 |  |   (7) professional and ethical standards. | 
| 26 |  |  A formal and ongoing professional development program  | 
|     | 
| |  |  | 10200HB1563sam001 | - 129 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | including, but not limited to, the above-noted areas shall be  | 
| 2 |  | implemented to keep commissioners informed of recent  | 
| 3 |  | developments and issues and to assist them in maintaining and  | 
| 4 |  | enhancing their professional competence. Each commissioner  | 
| 5 |  | shall complete 20 hours of training in the above-noted areas  | 
| 6 |  | during every 2 years the commissioner remains in office. | 
| 7 |  |  (G) Commissioners must meet one of the following  | 
| 8 |  | qualifications: | 
| 9 |  |   (1) licensed to practice law in the State of Illinois; | 
| 10 |  |   (2) at least 3 years of experience as a hearing  | 
| 11 |  | officer at the Human Rights Commission; or | 
| 12 |  |   (3) at least 4 years of professional experience  | 
| 13 |  | working for or dealing with individuals or corporations  | 
| 14 |  | affected by this Act or similar laws in other  | 
| 15 |  | jurisdictions, including, but not limited to, experience  | 
| 16 |  | with a civil rights advocacy group, a fair housing group,  | 
| 17 |  | a community organization, a trade association, a union, a  | 
| 18 |  | law firm, a legal aid organization, an employer's human  | 
| 19 |  | resources department, an employment discrimination  | 
| 20 |  | consulting firm, a community affairs organization, or a  | 
| 21 |  | municipal human relations agency. | 
| 22 |  |  The Governor's appointment message, filed with the  | 
| 23 |  | Secretary of State and transmitted to the Senate, shall state  | 
| 24 |  | specifically how the experience of a nominee for commissioner  | 
| 25 |  | meets the requirement set forth in this subsection. The  | 
| 26 |  | Chairperson must have public or private sector management and  | 
|     | 
| |  |  | 10200HB1563sam001 | - 130 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | budget experience, as determined by the Governor. | 
| 2 |  |  Each commissioner shall devote full time to his or her  | 
| 3 |  | duties and any commissioner who is an attorney shall not  | 
| 4 |  | engage in the practice of law, nor shall any commissioner hold  | 
| 5 |  | any other office or position of profit under the United States  | 
| 6 |  | or this State or any municipal corporation or political  | 
| 7 |  | subdivision of this State, nor engage in any other business,  | 
| 8 |  | employment, or vocation. | 
| 9 |  |  (H) Notwithstanding any other provision of this Act, the  | 
| 10 |  | Governor shall appoint, by and with the consent of the Senate,  | 
| 11 |  | a special temporary panel of commissioners comprised of 3  | 
| 12 |  | members. The members shall hold office until the Commission,  | 
| 13 |  | in consultation with the Governor, determines that the  | 
| 14 |  | caseload of requests for review has been reduced sufficiently  | 
| 15 |  | to allow cases to proceed in a timely manner, or for a term of  | 
| 16 |  | 18 months from the date of appointment by the Governor,  | 
| 17 |  | whichever is earlier. Each of the 3 members shall have only  | 
| 18 |  | such rights and powers of a commissioner necessary to dispose  | 
| 19 |  | of the cases assigned to the special panel. Each of the 3  | 
| 20 |  | members appointed to the special panel shall receive the same  | 
| 21 |  | salary as other commissioners for the duration of the panel.  | 
| 22 |  | The panel shall have the authority to hire and supervise a  | 
| 23 |  | staff attorney who shall report to the panel of commissioners.  | 
| 24 |  | (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
 | 
| 25 |  |  Section 997. No acceleration or delay. Where this Act  | 
|     | 
| |  |  | 10200HB1563sam001 | - 131 - | LRB102 03594 DTM 42604 a | 
 | 
|  | 
| 1 |  | makes changes in a statute that is represented in this Act by  | 
| 2 |  | text that is not yet or no longer in effect (for example, a  | 
| 3 |  | Section represented by multiple versions), the use of that  | 
| 4 |  | text does not accelerate or delay the taking effect of (i) the  | 
| 5 |  | changes made by this Act or (ii) provisions derived from any  | 
| 6 |  | other Public Act.
 | 
| 7 |  |  Section 999. Effective date. This Act takes effect upon  | 
| 8 |  | becoming law.".
 |