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Full Text of SB2309  102nd General Assembly

SB2309 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2309

 

Introduced 2/26/2021, by Sen. Craig Wilcox

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Salaries Act. Provides that no member of a State commission, board, or similar entity now or hereafter established or authorized by the General Assembly, or otherwise created under Illinois law, shall receive a salary, per diem, or other compensation for his or her service as a member of that board, commission, or similar entity. Provides that any rule or law, or provision thereof, which contradicts the provisions prohibiting board and commission member salary is rendered null and void, and no longer controlling. Specifies that the provisions do not apply to reimbursement for expenses incurred through service as a member, but that no member not already entitled to reimbursement for expenses as of the effective date of this amendatory Act shall be afforded such reimbursement. Makes conforming changes.


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A BILL FOR

 

SB2309LRB102 04340 RJF 14358 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Salaries Act is amended by adding Section 5
5as follows:
 
6    (5 ILCS 290/5 new)
7    Sec. 5. Salaries of commission and board members.
8Notwithstanding any rule or provision of law to the contrary,
9no member of a State commission, board, or similar entity now
10or hereafter established or authorized by the General
11Assembly, or otherwise created under Illinois law, shall
12receive a salary, per diem, or other compensation for his or
13her service as a member of that board, commission, or similar
14entity, as of the effective date of this amendatory Act of the
15102nd General Assembly. Any rule or law, or provision thereof,
16which contradicts this Section is rendered null and void, and
17this Section shall control. This Section does not apply to
18reimbursement for expenses incurred through service as a
19member; however, no member not already entitled to
20reimbursement for expenses as of the effective date of this
21amendatory Act of the 102nd General Assembly shall be afforded
22such reimbursement.
 

 

 

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1    Section 10. The Illinois Public Labor Relations Act is
2amended by changing Section 5 as follows:
 
3    (5 ILCS 315/5)  (from Ch. 48, par. 1605)
4    Sec. 5. Illinois Labor Relations Board; State Panel; Local
5Panel.
6    (a) There is created the Illinois Labor Relations Board.
7The Board shall be comprised of 2 panels, to be known as the
8State Panel and the Local Panel.
9    (a-5) The State Panel shall have jurisdiction over
10collective bargaining matters between employee organizations
11and the State of Illinois, excluding the General Assembly of
12the State of Illinois, between employee organizations and
13units of local government and school districts with a
14population not in excess of 2 million persons, and between
15employee organizations and the Regional Transportation
16Authority.
17    The State Panel shall consist of 5 members appointed by
18the Governor, with the advice and consent of the Senate. The
19Governor shall appoint to the State Panel only persons who
20have had a minimum of 5 years of experience directly related to
21labor and employment relations in representing public
22employers, private employers or labor organizations; or
23teaching labor or employment relations; or administering
24executive orders or regulations applicable to labor or
25employment relations. At the time of his or her appointment,

 

 

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1each member of the State Panel shall be an Illinois resident.
2The Governor shall designate one member to serve as the
3Chairman of the State Panel and the Board.
4    Notwithstanding any other provision of this Section, the
5term of each member of the State Panel who was appointed by the
6Governor and is in office on June 30, 2003 shall terminate at
7the close of business on that date or when all of the successor
8members to be appointed pursuant to this amendatory Act of the
993rd General Assembly have been appointed by the Governor,
10whichever occurs later. As soon as possible, the Governor
11shall appoint persons to fill the vacancies created by this
12amendatory Act.
13    The initial appointments under this amendatory Act of the
1493rd General Assembly shall be for terms as follows: The
15Chairman shall initially be appointed for a term ending on the
164th Monday in January, 2007; 2 members shall be initially
17appointed for terms ending on the 4th Monday in January, 2006;
18one member shall be initially appointed for a term ending on
19the 4th Monday in January, 2005; and one member shall be
20initially appointed for a term ending on the 4th Monday in
21January, 2004. Each subsequent member shall be appointed for a
22term of 4 years, commencing on the 4th Monday in January. Upon
23expiration of the term of office of any appointive member,
24that member shall continue to serve until a successor shall be
25appointed and qualified. In case of a vacancy, a successor
26shall be appointed to serve for the unexpired portion of the

 

 

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1term. If the Senate is not in session at the time the initial
2appointments are made, the Governor shall make temporary
3appointments in the same manner successors are appointed to
4fill vacancies. A temporary appointment shall remain in effect
5no longer than 20 calendar days after the commencement of the
6next Senate session.
7    (b) The Local Panel shall have jurisdiction over
8collective bargaining agreement matters between employee
9organizations and units of local government with a population
10in excess of 2 million persons, but excluding the Regional
11Transportation Authority.
12    The Local Panel shall consist of one person appointed by
13the Governor with the advice and consent of the Senate (or, if
14no such person is appointed, the Chairman of the State Panel)
15and two additional members, one appointed by the Mayor of the
16City of Chicago and one appointed by the President of the Cook
17County Board of Commissioners. Appointees to the Local Panel
18must have had a minimum of 5 years of experience directly
19related to labor and employment relations in representing
20public employers, private employers or labor organizations; or
21teaching labor or employment relations; or administering
22executive orders or regulations applicable to labor or
23employment relations. Each member of the Local Panel shall be
24an Illinois resident at the time of his or her appointment. The
25member appointed by the Governor (or, if no such person is
26appointed, the Chairman of the State Panel) shall serve as the

 

 

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1Chairman of the Local Panel.
2    Notwithstanding any other provision of this Section, the
3term of the member of the Local Panel who was appointed by the
4Governor and is in office on June 30, 2003 shall terminate at
5the close of business on that date or when his or her successor
6has been appointed by the Governor, whichever occurs later. As
7soon as possible, the Governor shall appoint a person to fill
8the vacancy created by this amendatory Act. The initial
9appointment under this amendatory Act of the 93rd General
10Assembly shall be for a term ending on the 4th Monday in
11January, 2007.
12    The initial appointments under this amendatory Act of the
1391st General Assembly shall be for terms as follows: The
14member appointed by the Governor shall initially be appointed
15for a term ending on the 4th Monday in January, 2001; the
16member appointed by the President of the Cook County Board
17shall be initially appointed for a term ending on the 4th
18Monday in January, 2003; and the member appointed by the Mayor
19of the City of Chicago shall be initially appointed for a term
20ending on the 4th Monday in January, 2004. Each subsequent
21member shall be appointed for a term of 4 years, commencing on
22the 4th Monday in January. Upon expiration of the term of
23office of any appointive member, the member shall continue to
24serve until a successor shall be appointed and qualified. In
25the case of a vacancy, a successor shall be appointed by the
26applicable appointive authority to serve for the unexpired

 

 

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1portion of the term.
2    (c) Three members of the State Panel shall at all times
3constitute a quorum. Two members of the Local Panel shall at
4all times constitute a quorum. A vacancy on a panel does not
5impair the right of the remaining members to exercise all of
6the powers of that panel. Each panel shall adopt an official
7seal which shall be judicially noticed. The Chairperson of the
8State Panel and the other members of the State and Local Panels
9shall receive no salary. The salary of the Chairman of the
10State Panel shall be $82,429 per year, or as set by the
11Compensation Review Board, whichever is greater, and that of
12the other members of the State and Local Panels shall be
13$74,188 per year, or as set by the Compensation Review Board,
14whichever is greater.
15    (d) Each member shall devote his or her entire time to the
16duties of the office, and shall hold no other office or
17position of profit, nor engage in any other business,
18employment, or vocation. No member shall hold any other public
19office or be employed as a labor or management representative
20by the State or any political subdivision of the State or of
21any department or agency thereof, or actively represent or act
22on behalf of an employer or an employee organization or an
23employer in labor relations matters. Any member of the State
24Panel may be removed from office by the Governor for
25inefficiency, neglect of duty, misconduct or malfeasance in
26office, and for no other cause, and only upon notice and

 

 

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1hearing. Any member of the Local Panel may be removed from
2office by the applicable appointive authority for
3inefficiency, neglect of duty, misconduct or malfeasance in
4office, and for no other cause, and only upon notice and
5hearing.
6    (e) Each panel at the end of every State fiscal year shall
7make a report in writing to the Governor and the General
8Assembly, stating in detail the work it has done in hearing and
9deciding cases and otherwise.
10    (f) In order to accomplish the objectives and carry out
11the duties prescribed by this Act, a panel or its authorized
12designees may hold elections to determine whether a labor
13organization has majority status; investigate and attempt to
14resolve or settle charges of unfair labor practices; hold
15hearings in order to carry out its functions; develop and
16effectuate appropriate impasse resolution procedures for
17purposes of resolving labor disputes; require the appearance
18of witnesses and the production of evidence on any matter
19under inquiry; and administer oaths and affirmations. The
20panels shall sign and report in full an opinion in every case
21which they decide.
22    (g) Each panel may appoint or employ an executive
23director, attorneys, hearing officers, mediators,
24fact-finders, arbitrators, and such other employees as it may
25deem necessary to perform its functions. The governing boards
26shall prescribe the duties and qualifications of such persons

 

 

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1appointed and, subject to the annual appropriation, fix their
2compensation and provide for reimbursement of actual and
3necessary expenses incurred in the performance of their
4duties. The Board shall employ a minimum of 16 attorneys and 6
5investigators.
6    (h) Each panel shall exercise general supervision over all
7attorneys which it employs and over the other persons employed
8to provide necessary support services for such attorneys. The
9panels shall have final authority in respect to complaints
10brought pursuant to this Act.
11    (i) The following rules and regulations shall be adopted
12by the panels meeting in joint session: (1) procedural rules
13and regulations which shall govern all Board proceedings; (2)
14procedures for election of exclusive bargaining
15representatives pursuant to Section 9, except for the
16determination of appropriate bargaining units; and (3)
17appointment of counsel pursuant to subsection (k) of this
18Section.
19    (j) Rules and regulations may be adopted, amended or
20rescinded only upon a vote of 5 of the members of the State and
21Local Panels meeting in joint session. The adoption, amendment
22or rescission of rules and regulations shall be in conformity
23with the requirements of the Illinois Administrative Procedure
24Act.
25    (k) The panels in joint session shall promulgate rules and
26regulations providing for the appointment of attorneys or

 

 

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1other Board representatives to represent persons in unfair
2labor practice proceedings before a panel. The regulations
3governing appointment shall require the applicant to
4demonstrate an inability to pay for or inability to otherwise
5provide for adequate representation before a panel. Such rules
6must also provide: (1) that an attorney may not be appointed in
7cases which, in the opinion of a panel, are clearly without
8merit; (2) the stage of the unfair labor proceeding at which
9counsel will be appointed; and (3) the circumstances under
10which a client will be allowed to select counsel.
11    (1) The panels in joint session may promulgate rules and
12regulations which allow parties in proceedings before a panel
13to be represented by counsel or any other representative of
14the party's choice.
15    (m) The Chairman of the State Panel shall serve as
16Chairman of a joint session of the panels. Attendance of at
17least 2 members of the State Panel and at least one member of
18the Local Panel, in addition to the Chairman, shall constitute
19a quorum at a joint session. The panels shall meet in joint
20session at least annually.
21(Source: P.A. 96-813, eff. 10-30-09.)
 
22    Section 15. The State Officials and Employees Ethics Act
23is amended by changing Section 20-5 as follows:
 
24    (5 ILCS 430/20-5)

 

 

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1    Sec. 20-5. Executive Ethics Commission.
2    (a) The Executive Ethics Commission is created.
3    (b) The Executive Ethics Commission shall consist of 9
4commissioners. The Governor shall appoint 5 commissioners, and
5the Attorney General, Secretary of State, Comptroller, and
6Treasurer shall each appoint one commissioner. Appointments
7shall be made by and with the advice and consent of the Senate
8by three-fifths of the elected members concurring by record
9vote. Any nomination not acted upon by the Senate within 60
10session days of the receipt thereof shall be deemed to have
11received the advice and consent of the Senate. If, during a
12recess of the Senate, there is a vacancy in an office of
13commissioner, the appointing authority shall make a temporary
14appointment until the next meeting of the Senate when the
15appointing authority shall make a nomination to fill that
16office. No person rejected for an office of commissioner
17shall, except by the Senate's request, be nominated again for
18that office at the same session of the Senate or be appointed
19to that office during a recess of that Senate. No more than 5
20commissioners may be of the same political party.
21    The terms of the initial commissioners shall commence upon
22qualification. Four initial appointees of the Governor, as
23designated by the Governor, shall serve terms running through
24June 30, 2007. One initial appointee of the Governor, as
25designated by the Governor, and the initial appointees of the
26Attorney General, Secretary of State, Comptroller, and

 

 

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1Treasurer shall serve terms running through June 30, 2008. The
2initial appointments shall be made within 60 days after the
3effective date of this Act.
4    After the initial terms, commissioners shall serve for
54-year terms commencing on July 1 of the year of appointment
6and running through June 30 of the fourth following year.
7Commissioners may be reappointed to one or more subsequent
8terms.
9    Vacancies occurring other than at the end of a term shall
10be filled by the appointing authority only for the balance of
11the term of the commissioner whose office is vacant.
12    Terms shall run regardless of whether the position is
13filled.
14    (c) The appointing authorities shall appoint commissioners
15who have experience holding governmental office or employment
16and shall appoint commissioners from the general public. A
17person is not eligible to serve as a commissioner if that
18person (i) has been convicted of a felony or a crime of
19dishonesty or moral turpitude, (ii) is, or was within the
20preceding 12 months, engaged in activities that require
21registration under the Lobbyist Registration Act, (iii) is
22related to the appointing authority, or (iv) is a State
23officer or employee.
24    (d) The Executive Ethics Commission shall have
25jurisdiction over all officers and employees of State agencies
26other than the General Assembly, the Senate, the House of

 

 

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1Representatives, the President and Minority Leader of the
2Senate, the Speaker and Minority Leader of the House of
3Representatives, the Senate Operations Commission, the
4legislative support services agencies, and the Office of the
5Auditor General. The Executive Ethics Commission shall have
6jurisdiction over all board members and employees of Regional
7Transit Boards. The jurisdiction of the Commission is limited
8to matters arising under this Act, except as provided in
9subsection (d-5).
10    A member or legislative branch State employee serving on
11an executive branch board or commission remains subject to the
12jurisdiction of the Legislative Ethics Commission and is not
13subject to the jurisdiction of the Executive Ethics
14Commission.
15    (d-5) The Executive Ethics Commission shall have
16jurisdiction over all chief procurement officers and
17procurement compliance monitors and their respective staffs.
18The Executive Ethics Commission shall have jurisdiction over
19any matters arising under the Illinois Procurement Code if the
20Commission is given explicit authority in that Code.
21    (d-6) (1) The Executive Ethics Commission shall have
22jurisdiction over the Illinois Power Agency and its staff. The
23Director of the Agency shall be appointed by a majority of the
24commissioners of the Executive Ethics Commission, subject to
25Senate confirmation, for a term of 2 years. The Director is
26removable for cause by a majority of the Commission upon a

 

 

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1finding of neglect, malfeasance, absence, or incompetence.
2    (2) In case of a vacancy in the office of Director of the
3Illinois Power Agency during a recess of the Senate, the
4Executive Ethics Commission may make a temporary appointment
5until the next meeting of the Senate, at which time the
6Executive Ethics Commission shall nominate some person to fill
7the office, and any person so nominated who is confirmed by the
8Senate shall hold office during the remainder of the term and
9until his or her successor is appointed and qualified. Nothing
10in this subsection shall prohibit the Executive Ethics
11Commission from removing a temporary appointee or from
12appointing a temporary appointee as the Director of the
13Illinois Power Agency.
14    (3) Prior to June 1, 2012, the Executive Ethics Commission
15may, until the Director of the Illinois Power Agency is
16appointed and qualified or a temporary appointment is made
17pursuant to paragraph (2) of this subsection, designate some
18person as an acting Director to execute the powers and
19discharge the duties vested by law in that Director. An acting
20Director shall serve no later than 60 calendar days, or upon
21the making of an appointment pursuant to paragraph (1) or (2)
22of this subsection, whichever is earlier. Nothing in this
23subsection shall prohibit the Executive Ethics Commission from
24removing an acting Director or from appointing an acting
25Director as the Director of the Illinois Power Agency.
26    (4) No person rejected by the Senate for the office of

 

 

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1Director of the Illinois Power Agency shall, except at the
2Senate's request, be nominated again for that office at the
3same session or be appointed to that office during a recess of
4that Senate.
5    (d-7) The Executive Ethics Commission shall have
6jurisdiction over complainants and respondents in violation of
7subsection (d) of Section 20-90.
8    (e) The Executive Ethics Commission must meet, either in
9person or by other technological means, at least monthly and
10as often as necessary. At the first meeting of the Executive
11Ethics Commission, the commissioners shall choose from their
12number a chairperson and other officers that they deem
13appropriate. The terms of officers shall be for 2 years
14commencing July 1 and running through June 30 of the second
15following year. Meetings shall be held at the call of the
16chairperson or any 3 commissioners. Official action by the
17Commission shall require the affirmative vote of 5
18commissioners, and a quorum shall consist of 5 commissioners.
19Commissioners shall receive no compensation, but compensation
20in an amount equal to the compensation of members of the State
21Board of Elections and may be reimbursed for their reasonable
22expenses actually incurred in the performance of their duties.
23    (f) No commissioner or employee of the Executive Ethics
24Commission may during his or her term of appointment or
25employment:
26        (1) become a candidate for any elective office;

 

 

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1        (2) hold any other elected or appointed public office
2    except for appointments on governmental advisory boards or
3    study commissions or as otherwise expressly authorized by
4    law;
5        (3) be actively involved in the affairs of any
6    political party or political organization; or
7        (4) advocate for the appointment of another person to
8    an appointed or elected office or position or actively
9    participate in any campaign for any elective office.
10    (g) An appointing authority may remove a commissioner only
11for cause.
12    (h) The Executive Ethics Commission shall appoint an
13Executive Director. The compensation of the Executive Director
14shall be as determined by the Commission. The Executive
15Director of the Executive Ethics Commission may employ and
16determine the compensation of staff, as appropriations permit.
17    (i) The Executive Ethics Commission shall appoint, by a
18majority of the members appointed to the Commission, chief
19procurement officers and may appoint procurement compliance
20monitors in accordance with the provisions of the Illinois
21Procurement Code. The compensation of a chief procurement
22officer and procurement compliance monitor shall be determined
23by the Commission.
24(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19;
25101-617, eff. 12-20-19.)
 

 

 

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1    Section 20. The Election Code is amended by changing
2Section 1A-6.1 as follows:
 
3    (10 ILCS 5/1A-6.1)  (from Ch. 46, par. 1A-6.1)
4    Sec. 1A-6.1. The chair of the State Board of Elections
5shall preside at all meetings of the Board, except that the
6vice chair shall preside at any meeting when the chair is
7absent. Board members, including the chair and vice chair,
8shall receive no salary for serving as members. The salary of
9the chair shall be $25,000 per year, or as set by the
10Compensation Review Board, whichever is greater, and the
11salary of the vice-chair shall be $20,000 per year, or as set
12by the Compensation Review Board, whichever is greater. The
13salary of the other Board members shall be $15,000 per year, or
14as set by the Compensation Review Board, whichever is greater.
15Each member shall be reimbursed for actual expenses incurred
16in the performance of his duties.
17(Source: P.A. 100-1027, eff. 1-1-19.)
 
18    Section 25. The Civil Administrative Code of Illinois is
19amended by changing Sections 5-155, 5-340, and 5-565 as
20follows:
 
21    (20 ILCS 5/5-155)  (was 20 ILCS 5/5.04)
22    Sec. 5-155. In the Office of Mines and Minerals of the
23Department of Natural Resources. In the Office of Mines and

 

 

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1Minerals of the Department of Natural Resources, there shall
2be a State Mining Board, which shall consist of 6 officers
3designated as mine officers and the Director of the Office of
4Mines and Minerals. Three officers shall be representatives of
5the employing class and 3 officers shall be chosen from a labor
6organization recognized under the National Labor Relations Act
7representing coal miners. Mine officers shall receive no
8salary for serving on the State Mining Board. The 6 mine
9officers shall be qualified as follows:
10        (1) Two mine officers from the employing class shall
11    have at least 4 years' experience in a supervisory
12    capacity in an underground coal mine and each shall hold a
13    certificate of competency as an Illinois mine examiner or
14    Illinois mine manager.
15        (2) The third mine officer from the employing class
16    shall have at least 4 years' experience in a supervisory
17    capacity in a surface coal mine.
18        (3) Two mine officers chosen from a labor organization
19    representing coal miners shall have 4 years experience in
20    an underground coal mine and shall hold certificates of
21    competency as an Illinois mine examiner.
22        (4) The third mine officer chosen from a labor
23    organization representing coal miners shall have at least
24    4 years experience in a surface coal mine.
25(Source: P.A. 101-384, eff. 1-1-20.)
 

 

 

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1    (20 ILCS 5/5-340)  (was 20 ILCS 5/9.30)
2    Sec. 5-340. In the Department of Employment Security. For
3terms ending before December 31, 2019, the Director of
4Employment Security shall receive an annual salary as set by
5the Compensation Review Board.
6    Each member of the Board of Review shall receive no salary
7$15,000.
8(Source: P.A. 100-1179, eff. 1-18-19.)
 
9    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
10    Sec. 5-565. In the Department of Public Health.
11    (a) The General Assembly declares it to be the public
12policy of this State that all citizens of Illinois are
13entitled to lead healthy lives. Governmental public health has
14a specific responsibility to ensure that a public health
15system is in place to allow the public health mission to be
16achieved. The public health system is the collection of
17public, private, and voluntary entities as well as individuals
18and informal associations that contribute to the public's
19health within the State. To develop a public health system
20requires certain core functions to be performed by government.
21The State Board of Health is to assume the leadership role in
22advising the Director in meeting the following functions:
23        (1) Needs assessment.
24        (2) Statewide health objectives.
25        (3) Policy development.

 

 

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1        (4) Assurance of access to necessary services.
2    There shall be a State Board of Health composed of 20
3persons, all of whom shall be appointed by the Governor, with
4the advice and consent of the Senate for those appointed by the
5Governor on and after June 30, 1998, and one of whom shall be a
6senior citizen age 60 or over. Five members shall be
7physicians licensed to practice medicine in all its branches,
8one representing a medical school faculty, one who is board
9certified in preventive medicine, and one who is engaged in
10private practice. One member shall be a chiropractic
11physician. One member shall be a dentist; one an environmental
12health practitioner; one a local public health administrator;
13one a local board of health member; one a registered nurse; one
14a physical therapist; one an optometrist; one a veterinarian;
15one a public health academician; one a health care industry
16representative; one a representative of the business
17community; one a representative of the non-profit public
18interest community; and 2 shall be citizens at large.
19    The terms of Board of Health members shall be 3 years,
20except that members shall continue to serve on the Board of
21Health until a replacement is appointed. Upon the effective
22date of Public Act 93-975 (January 1, 2005) this amendatory
23Act of the 93rd General Assembly, in the appointment of the
24Board of Health members appointed to vacancies or positions
25with terms expiring on or before December 31, 2004, the
26Governor shall appoint up to 6 members to serve for terms of 3

 

 

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1years; up to 6 members to serve for terms of 2 years; and up to
25 members to serve for a term of one year, so that the term of
3no more than 6 members expire in the same year. All members
4shall be legal residents of the State of Illinois. The duties
5of the Board shall include, but not be limited to, the
6following:
7        (1) To advise the Department of ways to encourage
8    public understanding and support of the Department's
9    programs.
10        (2) To evaluate all boards, councils, committees,
11    authorities, and bodies advisory to, or an adjunct of, the
12    Department of Public Health or its Director for the
13    purpose of recommending to the Director one or more of the
14    following:
15            (i) The elimination of bodies whose activities are
16        not consistent with goals and objectives of the
17        Department.
18            (ii) The consolidation of bodies whose activities
19        encompass compatible programmatic subjects.
20            (iii) The restructuring of the relationship
21        between the various bodies and their integration
22        within the organizational structure of the Department.
23            (iv) The establishment of new bodies deemed
24        essential to the functioning of the Department.
25        (3) To serve as an advisory group to the Director for
26    public health emergencies and control of health hazards.

 

 

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1        (4) To advise the Director regarding public health
2    policy, and to make health policy recommendations
3    regarding priorities to the Governor through the Director.
4        (5) To present public health issues to the Director
5    and to make recommendations for the resolution of those
6    issues.
7        (6) To recommend studies to delineate public health
8    problems.
9        (7) To make recommendations to the Governor through
10    the Director regarding the coordination of State public
11    health activities with other State and local public health
12    agencies and organizations.
13        (8) To report on or before February 1 of each year on
14    the health of the residents of Illinois to the Governor,
15    the General Assembly, and the public.
16        (9) To review the final draft of all proposed
17    administrative rules, other than emergency or peremptory
18    preemptory rules and those rules that another advisory
19    body must approve or review within a statutorily defined
20    time period, of the Department after September 19, 1991
21    (the effective date of Public Act 87-633). The Board shall
22    review the proposed rules within 90 days of submission by
23    the Department. The Department shall take into
24    consideration any comments and recommendations of the
25    Board regarding the proposed rules prior to submission to
26    the Secretary of State for initial publication. If the

 

 

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1    Department disagrees with the recommendations of the
2    Board, it shall submit a written response outlining the
3    reasons for not accepting the recommendations.
4        In the case of proposed administrative rules or
5    amendments to administrative rules regarding immunization
6    of children against preventable communicable diseases
7    designated by the Director under the Communicable Disease
8    Prevention Act, after the Immunization Advisory Committee
9    has made its recommendations, the Board shall conduct 3
10    public hearings, geographically distributed throughout the
11    State. At the conclusion of the hearings, the State Board
12    of Health shall issue a report, including its
13    recommendations, to the Director. The Director shall take
14    into consideration any comments or recommendations made by
15    the Board based on these hearings.
16        (10) To deliver to the Governor for presentation to
17    the General Assembly a State Health Improvement Plan. The
18    first 3 such plans shall be delivered to the Governor on
19    January 1, 2006, January 1, 2009, and January 1, 2016 and
20    then every 5 years thereafter.
21        The Plan shall recommend priorities and strategies to
22    improve the public health system and the health status of
23    Illinois residents, taking into consideration national
24    health objectives and system standards as frameworks for
25    assessment.
26        The Plan shall also take into consideration priorities

 

 

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1    and strategies developed at the community level through
2    the Illinois Project for Local Assessment of Needs (IPLAN)
3    and any regional health improvement plans that may be
4    developed. The Plan shall focus on prevention as a key
5    strategy for long-term health improvement in Illinois.
6        The Plan shall examine and make recommendations on the
7    contributions and strategies of the public and private
8    sectors for improving health status and the public health
9    system in the State. In addition to recommendations on
10    health status improvement priorities and strategies for
11    the population of the State as a whole, the Plan shall make
12    recommendations regarding priorities and strategies for
13    reducing and eliminating health disparities in Illinois;
14    including racial, ethnic, gender, age, socio-economic, and
15    geographic disparities.
16        The Director of the Illinois Department of Public
17    Health shall appoint a Planning Team that includes a range
18    of public, private, and voluntary sector stakeholders and
19    participants in the public health system. This Team shall
20    include: the directors of State agencies with public
21    health responsibilities (or their designees), including,
22    but not limited to, the Illinois Departments of Public
23    Health and Department of Human Services, representatives
24    of local health departments, representatives of local
25    community health partnerships, and individuals with
26    expertise who represent an array of organizations and

 

 

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1    constituencies engaged in public health improvement and
2    prevention.
3        The State Board of Health shall hold at least 3 public
4    hearings addressing drafts of the Plan in representative
5    geographic areas of the State. Members of the Planning
6    Team shall receive no compensation for their services, but
7    may be reimbursed for their necessary expenses.
8        Upon the delivery of each State Health Improvement
9    Plan, the Governor shall appoint a SHIP Implementation
10    Coordination Council that includes a range of public,
11    private, and voluntary sector stakeholders and
12    participants in the public health system. The Council
13    shall include the directors of State agencies and entities
14    with public health system responsibilities (or their
15    designees), including, but not limited to, the Department
16    of Public Health, Department of Human Services, Department
17    of Healthcare and Family Services, Environmental
18    Protection Agency, Illinois State Board of Education,
19    Department on Aging, Illinois Violence Prevention
20    Authority, Department of Agriculture, Department of
21    Insurance, Department of Financial and Professional
22    Regulation, Department of Transportation, and Department
23    of Commerce and Economic Opportunity and the Chair of the
24    State Board of Health. The Council shall include
25    representatives of local health departments and
26    individuals with expertise who represent an array of

 

 

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1    organizations and constituencies engaged in public health
2    improvement and prevention, including non-profit public
3    interest groups, health issue groups, faith community
4    groups, health care providers, businesses and employers,
5    academic institutions, and community-based organizations.
6    The Governor shall endeavor to make the membership of the
7    Council representative of the racial, ethnic, gender,
8    socio-economic, and geographic diversity of the State. The
9    Governor shall designate one State agency representative
10    and one other non-governmental member as co-chairs of the
11    Council. The Governor shall designate a member of the
12    Governor's office to serve as liaison to the Council and
13    one or more State agencies to provide or arrange for
14    support to the Council. The members of the SHIP
15    Implementation Coordination Council for each State Health
16    Improvement Plan shall serve until the delivery of the
17    subsequent State Health Improvement Plan, whereupon a new
18    Council shall be appointed. Members of the SHIP Planning
19    Team may serve on the SHIP Implementation Coordination
20    Council if so appointed by the Governor.
21        The SHIP Implementation Coordination Council shall
22    coordinate the efforts and engagement of the public,
23    private, and voluntary sector stakeholders and
24    participants in the public health system to implement each
25    SHIP. The Council shall serve as a forum for collaborative
26    action; coordinate existing and new initiatives; develop

 

 

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1    detailed implementation steps, with mechanisms for action;
2    implement specific projects; identify public and private
3    funding sources at the local, State and federal level;
4    promote public awareness of the SHIP; advocate for the
5    implementation of the SHIP; and develop an annual report
6    to the Governor, General Assembly, and public regarding
7    the status of implementation of the SHIP. The Council
8    shall not, however, have the authority to direct any
9    public or private entity to take specific action to
10    implement the SHIP.
11        (11) Upon the request of the Governor, to recommend to
12    the Governor candidates for Director of Public Health when
13    vacancies occur in the position.
14        (12) To adopt bylaws for the conduct of its own
15    business, including the authority to establish ad hoc
16    committees to address specific public health programs
17    requiring resolution.
18        (13) (Blank).
19    Upon appointment, the Board shall elect a chairperson from
20among its members.
21    Members of the Board shall receive no compensation for
22serving as members, but compensation for their services at the
23rate of $150 per day, not to exceed $10,000 per year, as
24designated by the Director for each day required for
25transacting the business of the Board and shall be reimbursed
26for necessary expenses incurred in the performance of their

 

 

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1duties. The Board shall meet from time to time at the call of
2the Department, at the call of the chairperson, or upon the
3request of 3 of its members, but shall not meet less than 4
4times per year.
5    (b) (Blank).
6    (c) An Advisory Board on Necropsy Service to Coroners,
7which shall counsel and advise with the Director on the
8administration of the Autopsy Act. The Advisory Board shall
9consist of 11 members, including a senior citizen age 60 or
10over, appointed by the Governor, one of whom shall be
11designated as chairman by a majority of the members of the
12Board. In the appointment of the first Board the Governor
13shall appoint 3 members to serve for terms of 1 year, 3 for
14terms of 2 years, and 3 for terms of 3 years. The members first
15appointed under Public Act 83-1538 shall serve for a term of 3
16years. All members appointed thereafter shall be appointed for
17terms of 3 years, except that when an appointment is made to
18fill a vacancy, the appointment shall be for the remaining
19term of the position vacant. The members of the Board shall be
20citizens of the State of Illinois. In the appointment of
21members of the Advisory Board the Governor shall appoint 3
22members who shall be persons licensed to practice medicine and
23surgery in the State of Illinois, at least 2 of whom shall have
24received post-graduate training in the field of pathology; 3
25members who are duly elected coroners in this State; and 5
26members who shall have interest and abilities in the field of

 

 

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1forensic medicine but who shall be neither persons licensed to
2practice any branch of medicine in this State nor coroners. In
3the appointment of medical and coroner members of the Board,
4the Governor shall invite nominations from recognized medical
5and coroners organizations in this State respectively. Board
6members, while serving on business of the Board, shall receive
7actual necessary travel and subsistence expenses while so
8serving away from their places of residence.
9(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
10revised 7-17-19.)
 
11    Section 30. The Personnel Code is amended by changing
12Section 7d as follows:
 
13    (20 ILCS 415/7d)  (from Ch. 127, par. 63b107d)
14    Sec. 7d. Compensation. The chairman and other members of
15the Commission shall receive no salary for serving as members
16shall be paid an annual salary of $8,200 from the third Monday
17in January, 1979 to the third Monday in January, 1980; $8,700
18from the third Monday in January, 1980 to the third Monday in
19January, 1981; $9,300 from the third Monday in January, 1981
20to the third Monday in January 1982; $10,000 from the third
21Monday in January, 1982 to the effective date of this
22amendatory Act of the 91st General Assembly; and $25,000
23thereafter, or as set by the Compensation Review Board,
24whichever is greater. Other members of the Commission shall

 

 

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1each be paid an annual salary of $5,500 from the third Monday
2in January, 1979 to the third Monday in January, 1980; $6,000
3from the third Monday in January, 1980 to the third Monday in
4January, 1981; $6,500 from the third Monday in January, 1981
5to the third Monday in January, 1982; $7,500 from the third
6Monday in January, 1982 to the effective date of this
7amendatory Act of the 91st General Assembly; and $20,000
8thereafter, or as set by the Compensation Review Board,
9whichever is greater. They shall be entitled to reimbursement
10for necessary traveling and other official expenditures
11necessitated by their official duties.
12(Source: P.A. 91-798, eff. 7-9-00.)
 
13    Section 35. The Illinois Lottery Law is amended by
14changing Section 6 as follows:
 
15    (20 ILCS 1605/6)  (from Ch. 120, par. 1156)
16    Sec. 6. There is hereby created an independent board to be
17known as the Lottery Control Board, consisting of 5 members,
18all of whom shall be citizens of the United States and
19residents of this State and shall be appointed by the Governor
20with the advice and consent of the Senate. No more than 3 of
21the 5 members shall be members of the same political party. A
22chairman of the Board shall be chosen annually from the
23membership of the Board by a majority of the members of the
24Board at the first meeting of the Board each fiscal year.

 

 

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1    Initial members shall be appointed to the Board by the
2Governor as follows: one member to serve until July 1, 1974,
3and until his successor is appointed and qualified; 2 members
4to serve until July 1, 1975, and until their successors are
5appointed and qualified; 2 members to serve until July 1,
61976, and until their successors are appointed and qualified.
7As terms of members so appointed expire, their successors
8shall be appointed for terms to expire the first day in July 3
9years thereafter, and until their successors are appointed and
10qualified.
11    Any vacancy in the Board occurring for any reason other
12than expiration of term, shall be filled for the unexpired
13term in the same manner as the original appointment.
14    Any member of the Board may be removed by the Governor for
15neglect of duty, misfeasance, malfeasance, or nonfeasance in
16office.
17    Board members shall receive as compensation for their
18services $100 for each day they are in attendance at any
19official board meeting, but in no event shall members receive
20more than $1,200 per year. They shall receive no other
21compensation for their services, but shall be reimbursed for
22necessary traveling and other reasonable expenses incurred in
23the performance of their official duties. Each member shall
24make a full financial disclosure upon appointment.
25    The Board shall hold at least one meeting each quarter of
26the fiscal year. In addition, special meetings may be called

 

 

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1by the Chairman, any 2 Board members, or the Director of the
2Department, upon delivery of 72 hours' written notice to the
3office of each member. All Board meetings shall be open to the
4public pursuant to the Open Meetings Act.
5    Three members of the Board shall constitute a quorum, and
63 votes shall be required for any final determination by the
7Board. The Board shall keep a complete and accurate record of
8all its meetings.
9(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
 
10    Section 40. The State Police Act is amended by changing
11Section 5 as follows:
 
12    (20 ILCS 2610/5)  (from Ch. 121, par. 307.5)
13    Sec. 5. Each member of the Board shall receive no
14compensation, but shall be reimbursed for the sum of $125 per
15day for each day during which he is engaged in transacting the
16business of the Board, or an amount set by the Compensation
17Review Board, whichever is greater, and, in addition thereto,
18his actual traveling and other expenses necessarily incurred
19in discharging the duties of his office; provided, no member
20of the Board shall receive compensation for more than 100 days
21of work in any one fiscal year.
22(Source: P.A. 83-1177.)
 
23    Section 45. The Property Tax Code is amended by changing

 

 

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1Section 7-10 as follows:
 
2    (35 ILCS 200/7-10)
3    Sec. 7-10. Selection of members. The members of the
4Property Tax Appeal Board shall be qualified by virtue of 5
5years experience and training in the field of public finance
6administration, at least 2 years of which shall be in the field
7of property appraisal and property tax administration. No more
8than 3 members of the Board may be members of the same
9political party. The Chairperson and other members of the
10Property Tax Appeal Board shall receive no salary for serving
11as members Chairman of the Property Tax Appeal Board shall
12receive $28,000 per year, or an amount set by the Compensation
13Review Board, whichever is greater; and each other member of
14the Board shall receive $22,500 per year, or an amount set by
15the Compensation Review Board, whichever is greater.
16    Of the 5 members of the Board the terms of 2 members shall
17expire on the third Monday in January, 1995; the term of 2
18members shall expire on the third Monday in January, 1997; and
19the term of one member shall expire on the third Monday in
20January, 1999. Members shall be appointed in each odd-numbered
21year for a 6 year term commencing on the third Monday in
22January of such year. Each member shall serve until a
23successor is appointed and qualified.
24(Source: P.A. 84-1240; 88-455.)
 

 

 

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1    Section 50. The Illinois International Port District Act
2is amended by changing Section 12 as follows:
 
3    (70 ILCS 1810/12)  (from Ch. 19, par. 163)
4    Sec. 12. The governing and administrative body of the
5District shall be a board consisting of 9 members, to be known
6as the Illinois International Port District Board. Members of
7the Board shall be residents of a county whose territory, in
8whole or in part, is embraced by the District and persons of
9recognized business ability. The members of the Board shall
10receive compensation for their services, set by the Board at
11an amount not to exceed $20,000.00 annually, except the
12Chairman may receive an additional $5,000.00 annually, if
13approved by the Board. All such compensation shall be paid
14directly from the Port District's operating funds. The members
15shall receive no other compensation whatever, whether in form
16of salary, per diem allowance or otherwise, for or in
17connection with his service as a member. The preceding
18sentence shall not prevent any member from receiving any
19non-salary benefit of the type received by employees of the
20District. Each member shall be reimbursed for actual expenses
21incurred by them in the performance of their duties. Any
22person who is appointed to the office of secretary or
23treasurer of the Board may receive compensation for services
24as such officer, as determined by the Board, provided such
25person is not a member of the Board. No member of the Board or

 

 

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1employee of the District shall have any private financial
2interest, profit or benefit in any contract, work or business
3of the District nor in the sale or lease of any property to or
4from the District.
5(Source: P.A. 93-250, eff. 7-22-03.)
 
6    Section 55. The Upper Mississippi River International Port
7District Act is amended by changing Section 21 as follows:
 
8    (70 ILCS 1863/21)
9    Sec. 21. Board of Commissioners. The governing and
10administrative body of the Port District shall be a Board of
11Commissioners consisting of 5 members, to be known as the
12Upper Mississippi River International Port District Board. All
13members of the Board shall be residents of the District and
14shall be known as Commissioners of the Upper Mississippi River
15International Port District Board. The members of the Board
16shall serve without compensation, but may serve with
17compensation not to exceed $6,000 per year and shall be
18reimbursed for actual expenses incurred by them in the
19performance of their duties. No Commissioner of the Board
20shall have any private financial interest, profit or benefit
21in any contract, work or business of the District nor in the
22sale or lease of any property to or from the District, except
23to the extent allowed under The Public Officer Prohibited
24Activities Act.

 

 

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1(Source: P.A. 96-636, eff. 8-24-09.)
 
2    Section 60. The Metropolitan Transit Authority Act is
3amended by changing Sections 19 and 22 as follows:
 
4    (70 ILCS 3605/19)  (from Ch. 111 2/3, par. 319)
5    Sec. 19. The governing and administrative body of the
6Authority shall be a board consisting of seven members, to be
7known as Chicago Transit Board. Members of the Board shall be
8residents of the metropolitan area and persons of recognized
9business ability. No member of the Board of the Authority
10shall hold any other office or employment under the Federal,
11State or any County or any municipal government, or any other
12unit of local government, except an honorary office without
13compensation or an office in the National Guard. No employee
14of the Authority shall hold any other office or employment
15under the Federal, State or any County or any municipal
16government, or any other unit of local government, except an
17office with compensation not exceeding $15,000 annually or a
18position in the National Guard or the United States military
19reserves. Provided, however, that the Chairman may be a member
20of the Board of the Regional Transportation Authority. No
21member of the Board or employee of the Authority shall have any
22private financial interest, profit or benefit in any contract,
23work or business of the Authority nor in the sale or lease of
24any property to or from the Authority. The salary of each

 

 

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1member of the initial Board shall be $15,000.00 per annum, and
2such salary shall not be increased or diminished during his or
3her term of office. The salaries of successor members of the
4Board shall be fixed by the Board and shall not be increased or
5diminished during their respective terms of office. No Board
6member shall be allowed any fees, perquisites or emoluments,
7reward or compensation for his or her services as a member or
8officer of the Authority aside from his or her salary or
9pension, but he or she shall be reimbursed for actual expenses
10incurred by him or her in the performance of his or her duties.
11(Source: P.A. 98-709, eff. 7-16-14.)
 
12    (70 ILCS 3605/22)  (from Ch. 111 2/3, par. 322)
13    Sec. 22. As soon as possible after the appointment of the
14initial members, the board shall organize for the transaction
15of business, select a chairman and a temporary secretary from
16its own number, and adopt by-laws, rules and regulations to
17govern its proceedings. The initial chairman and successors
18shall be elected by the Board from time to time for the term of
19his office as a member of the Board or for the term of three
20years, whichever is shorter. The chairperson of the Board
21shall receive no salary for his or her services. The Board
22shall fix the salary of the chairman in addition to his salary
23as a member of the Board, which shall not be increased or
24diminished during his term of office as chairman. But if the
25chairman is engaged in any other business or employment during

 

 

SB2309- 37 -LRB102 04340 RJF 14358 b

1his term as chairman, his annual salary shall be not more than
2$25,000.
3(Source: P.A. 80-937.)
 
4    Section 65. The Illinois Educational Labor Relations Act
5is amended by changing Section 5 as follows:
 
6    (115 ILCS 5/5)  (from Ch. 48, par. 1705)
7    Sec. 5. Illinois Educational Labor Relations Board.
8    (a) There is hereby created the Illinois Educational Labor
9Relations Board.
10    (a-5) Until July 1, 2003 or when all of the new members to
11be initially appointed under this amendatory Act of the 93rd
12General Assembly have been appointed by the Governor,
13whichever occurs later, the Illinois Educational Labor
14Relations Board shall consist of 7 members, no more than 4 of
15whom may be of the same political party, who are residents of
16Illinois appointed by the Governor with the advice and consent
17of the Senate.
18    The term of each appointed member of the Board who is in
19office on June 30, 2003 shall terminate at the close of
20business on that date or when all of the new members to be
21initially appointed under this amendatory Act of the 93rd
22General Assembly have been appointed by the Governor,
23whichever occurs later.
24    (b) Beginning on July 1, 2003 or when all of the new

 

 

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1members to be initially appointed under this amendatory Act of
2the 93rd General Assembly have been appointed by the Governor,
3whichever occurs later, the Illinois Educational Labor
4Relations Board shall consist of 5 members appointed by the
5Governor with the advice and consent of the Senate. No more
6than 3 members may be of the same political party.
7    The Governor shall appoint to the Board only persons who
8are residents of Illinois and have had a minimum of 5 years of
9experience directly related to labor and employment relations
10in representing educational employers or educational employees
11in collective bargaining matters. One appointed member shall
12be designated at the time of his or her appointment to serve as
13chairman.
14    Of the initial members appointed pursuant to this
15amendatory Act of the 93rd General Assembly, 2 shall be
16designated at the time of appointment to serve a term of 6
17years, 2 shall be designated at the time of appointment to
18serve a term of 4 years, and the other shall be designated at
19the time of his or her appointment to serve a term of 4 years,
20with each to serve until his or her successor is appointed and
21qualified.
22     Each subsequent member shall be appointed in like manner
23for a term of 6 years and until his or her successor is
24appointed and qualified. Each member of the Board is eligible
25for reappointment. Vacancies shall be filled in the same
26manner as original appointments for the balance of the

 

 

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1unexpired term.
2    (c) The chairperson and other members of the Board shall
3receive no salary for serving on the Board chairman shall be
4paid $50,000 per year, or an amount set by the Compensation
5Review Board, whichever is greater. Other members of the Board
6shall each be paid $45,000 per year, or an amount set by the
7Compensation Review Board, whichever is greater. They shall be
8entitled to reimbursement for necessary traveling and other
9official expenditures necessitated by their official duties.
10    Each member shall devote his entire time to the duties of
11the office, and shall hold no other office or position of
12profit, nor engage in any other business, employment or
13vocation.
14    (d) Three members of the Board constitute a quorum and a
15vacancy on the Board does not impair the right of the remaining
16members to exercise all of the powers of the Board.
17    (e) Any member of the Board may be removed by the Governor,
18upon notice, for neglect of duty or malfeasance in office, but
19for no other cause.
20    (f) The Board may appoint or employ an executive director,
21attorneys, hearing officers, and such other employees as it
22deems necessary to perform its functions, except that the
23Board shall employ a minimum of 8 attorneys and 5
24investigators. The Board shall prescribe the duties and
25qualifications of such persons appointed and, subject to the
26annual appropriation, fix their compensation and provide for

 

 

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1reimbursement of actual and necessary expenses incurred in the
2performance of their duties.
3    (g) The Board may promulgate rules and regulations which
4allow parties in proceedings before the Board to be
5represented by counsel or any other person knowledgeable in
6the matters under consideration.
7    (h) To accomplish the objectives and to carry out the
8duties prescribed by this Act, the Board may subpoena
9witnesses, subpoena the production of books, papers, records
10and documents which may be needed as evidence on any matter
11under inquiry and may administer oaths and affirmations.
12    In cases of neglect or refusal to obey a subpoena issued to
13any person, the circuit court in the county in which the
14investigation or the public hearing is taking place, upon
15application by the Board, may issue an order requiring such
16person to appear before the Board or any member or agent of the
17Board to produce evidence or give testimony. A failure to obey
18such order may be punished by the court as in civil contempt.
19    Any subpoena, notice of hearing, or other process or
20notice of the Board issued under the provisions of this Act may
21be served personally, by registered mail or by leaving a copy
22at the principal office of the respondent required to be
23served. A return, made and verified by the individual making
24such service and setting forth the manner of such service, is
25proof of service. A post office receipt, when registered mail
26is used, is proof of service. All process of any court to which

 

 

SB2309- 41 -LRB102 04340 RJF 14358 b

1application may be made under the provisions of this Act may be
2served in the county where the persons required to be served
3reside or may be found.
4    (i) The Board shall adopt, promulgate, amend, or rescind
5rules and regulations in accordance with the Illinois
6Administrative Procedure Act as it deems necessary and
7feasible to carry out this Act.
8    (j) The Board at the end of every State fiscal year shall
9make a report in writing to the Governor and the General
10Assembly, stating in detail the work it has done in hearing and
11deciding cases and otherwise.
12(Source: P.A. 96-813, eff. 10-30-09.)
 
13    Section 70. The Public Utilities Act is amended by
14changing Section 2-104 as follows:
 
15    (220 ILCS 5/2-104)  (from Ch. 111 2/3, par. 2-104)
16    Sec. 2-104. It is declared to be the public policy of this
17State that the Illinois Commerce Commission established herein
18is a quasi-judicial body and that the chairperson and each
19commissioner shall receive no salary for serving on the
20Commission an annual salary of $39,000, or such amount as set
21by the Compensation Review Board, whichever is greater. The
22chairman of the Commission shall receive in addition to his
23salary as a commissioner an additional sum of $8,500 per year,
24or an amount set by the Compensation Review Board, whichever

 

 

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1is greater, during such time as he shall serve as chairman.
2(Source: P.A. 84-617.)
 
3    Section 75. The Coal Mining Act is amended by changing
4Section 8.04 as follows:
 
5    (225 ILCS 705/8.04)  (from Ch. 96 1/2, par. 804)
6    Sec. 8.04. Each miners' examining officer shall receive no
7compensation for his or her services, but shall receive as
8compensation for his services the sum of $7,500 per year or
9such greater sum as may be set by the Compensation Review
10Board. He shall also receive his traveling and other necessary
11expenses actually expended in the discharge of his or her
12official duties. Salary and expenses of such officers shall be
13paid monthly. All expense accounts shall be itemized and
14verified by the examining officer receiving the same, and
15shall be approved by the Director.
16(Source: P.A. 85-1333.)
 
17    Section 80. The Illinois Horse Racing Act of 1975 is
18amended by changing Section 5 as follows:
 
19    (230 ILCS 5/5)  (from Ch. 8, par. 37-5)
20    Sec. 5. As soon as practicable following the effective
21date of this amendatory Act of 1995, the Governor shall
22appoint, with the advice and consent of the Senate, members to

 

 

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1the Board as follows: 3 members for terms expiring July 1,
21996; 3 members for terms expiring July 1, 1998; and 3 members
3for terms expiring July 1, 2000. Of the 2 additional members
4appointed pursuant to this amendatory Act of the 91st General
5Assembly, the initial term of one member shall expire on July
61, 2002 and the initial term of the other member shall expire
7on July 1, 2004. Thereafter, the terms of office of the Board
8members shall be 6 years. Incumbent members on the effective
9date of this amendatory Act of 1995 shall continue to serve
10only until their successors are appointed and have qualified.
11    Each member of the Board shall receive no compensation for
12his or her services $300 per day for each day the Board meets
13and for each day the member conducts a hearing pursuant to
14Section 16 of this Act, provided that no Board member shall
15receive more than $5,000 in such fees during any calendar
16year, or an amount set by the Compensation Review Board,
17whichever is greater. Members of the Board shall also be
18reimbursed for all actual and necessary expenses and
19disbursements incurred in the execution of their official
20duties.
21(Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
 
22    Section 85. The Illinois Gambling Act is amended by
23changing Section 5 as follows:
 
24    (230 ILCS 10/5)  (from Ch. 120, par. 2405)

 

 

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1    Sec. 5. Gaming Board.
2    (a) (1) There is hereby established the Illinois Gaming
3Board, which shall have the powers and duties specified in
4this Act, and all other powers necessary and proper to fully
5and effectively execute this Act for the purpose of
6administering, regulating, and enforcing the system of
7riverboat and casino gambling established by this Act and
8gaming pursuant to an organization gaming license issued under
9this Act. Its jurisdiction shall extend under this Act to
10every person, association, corporation, partnership and trust
11involved in riverboat and casino gambling operations and
12gaming pursuant to an organization gaming license issued under
13this Act in the State of Illinois.
14    (2) The Board shall consist of 5 members to be appointed by
15the Governor with the advice and consent of the Senate, one of
16whom shall be designated by the Governor to be chairperson.
17Each member shall have a reasonable knowledge of the practice,
18procedure and principles of gambling operations. Each member
19shall either be a resident of Illinois or shall certify that he
20or she will become a resident of Illinois before taking
21office.
22    On and after the effective date of this amendatory Act of
23the 101st General Assembly, new appointees to the Board must
24include the following:
25        (A) One member who has received, at a minimum, a
26    bachelor's degree from an accredited school and at least

 

 

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1    10 years of verifiable experience in the fields of
2    investigation and law enforcement.
3        (B) One member who is a certified public accountant
4    with experience in auditing and with knowledge of complex
5    corporate structures and transactions.
6        (C) One member who has 5 years' experience as a
7    principal, senior officer, or director of a company or
8    business with either material responsibility for the daily
9    operations and management of the overall company or
10    business or material responsibility for the policy making
11    of the company or business.
12        (D) One member who is an attorney licensed to practice
13    law in Illinois for at least 5 years.
14    Notwithstanding any provision of this subsection (a), the
15requirements of subparagraphs (A) through (D) of this
16paragraph (2) shall not apply to any person reappointed
17pursuant to paragraph (3).
18    No more than 3 members of the Board may be from the same
19political party. No Board member shall, within a period of one
20year immediately preceding nomination, have been employed or
21received compensation or fees for services from a person or
22entity, or its parent or affiliate, that has engaged in
23business with the Board, a licensee, or a licensee under the
24Illinois Horse Racing Act of 1975. Board members must publicly
25disclose all prior affiliations with gaming interests,
26including any compensation, fees, bonuses, salaries, and other

 

 

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1reimbursement received from a person or entity, or its parent
2or affiliate, that has engaged in business with the Board, a
3licensee, or a licensee under the Illinois Horse Racing Act of
41975. This disclosure must be made within 30 days after
5nomination but prior to confirmation by the Senate and must be
6made available to the members of the Senate.
7    (3) The terms of office of the Board members shall be 3
8years, except that the terms of office of the initial Board
9members appointed pursuant to this Act will commence from the
10effective date of this Act and run as follows: one for a term
11ending July 1, 1991, 2 for a term ending July 1, 1992, and 2
12for a term ending July 1, 1993. Upon the expiration of the
13foregoing terms, the successors of such members shall serve a
14term for 3 years and until their successors are appointed and
15qualified for like terms. Vacancies in the Board shall be
16filled for the unexpired term in like manner as original
17appointments. Each member of the Board shall be eligible for
18reappointment at the discretion of the Governor with the
19advice and consent of the Senate.
20    (4) Each member of the Board shall receive no compensation
21for his or her services, but shall $300 for each day the Board
22meets and for each day the member conducts any hearing
23pursuant to this Act. Each member of the Board shall also be
24reimbursed for all actual and necessary expenses and
25disbursements incurred in the execution of official duties.
26    (5) No person shall be appointed a member of the Board or

 

 

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1continue to be a member of the Board who is, or whose spouse,
2child or parent is, a member of the board of directors of, or a
3person financially interested in, any gambling operation
4subject to the jurisdiction of this Board, or any race track,
5race meeting, racing association or the operations thereof
6subject to the jurisdiction of the Illinois Racing Board. No
7Board member shall hold any other public office. No person
8shall be a member of the Board who is not of good moral
9character or who has been convicted of, or is under indictment
10for, a felony under the laws of Illinois or any other state, or
11the United States.
12    (5.5) No member of the Board shall engage in any political
13activity. For the purposes of this Section, "political" means
14any activity in support of or in connection with any campaign
15for federal, State, or local elective office or any political
16organization, but does not include activities (i) relating to
17the support or opposition of any executive, legislative, or
18administrative action (as those terms are defined in Section 2
19of the Lobbyist Registration Act), (ii) relating to collective
20bargaining, or (iii) that are otherwise in furtherance of the
21person's official State duties or governmental and public
22service functions.
23    (6) Any member of the Board may be removed by the Governor
24for neglect of duty, misfeasance, malfeasance, or nonfeasance
25in office or for engaging in any political activity.
26    (7) Before entering upon the discharge of the duties of

 

 

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1his office, each member of the Board shall take an oath that he
2will faithfully execute the duties of his office according to
3the laws of the State and the rules and regulations adopted
4therewith and shall give bond to the State of Illinois,
5approved by the Governor, in the sum of $25,000. Every such
6bond, when duly executed and approved, shall be recorded in
7the office of the Secretary of State. Whenever the Governor
8determines that the bond of any member of the Board has become
9or is likely to become invalid or insufficient, he shall
10require such member forthwith to renew his bond, which is to be
11approved by the Governor. Any member of the Board who fails to
12take oath and give bond within 30 days from the date of his
13appointment, or who fails to renew his bond within 30 days
14after it is demanded by the Governor, shall be guilty of
15neglect of duty and may be removed by the Governor. The cost of
16any bond given by any member of the Board under this Section
17shall be taken to be a part of the necessary expenses of the
18Board.
19    (7.5) For the examination of all mechanical,
20electromechanical, or electronic table games, slot machines,
21slot accounting systems, sports wagering systems, and other
22electronic gaming equipment, and the field inspection of such
23systems, games, and machines, for compliance with this Act,
24the Board shall utilize the services of independent outside
25testing laboratories that have been accredited in accordance
26with ISO/IEC 17025 by an accreditation body that is a

 

 

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1signatory to the International Laboratory Accreditation
2Cooperation Mutual Recognition Agreement signifying they are
3qualified to perform such examinations. Notwithstanding any
4law to the contrary, the Board shall consider the licensing of
5independent outside testing laboratory applicants in
6accordance with procedures established by the Board by rule.
7The Board shall not withhold its approval of an independent
8outside testing laboratory license applicant that has been
9accredited as required under this paragraph (7.5) and is
10licensed in gaming jurisdictions comparable to Illinois. Upon
11the finalization of required rules, the Board shall license
12independent testing laboratories and accept the test reports
13of any licensed testing laboratory of the system's, game's, or
14machine manufacturer's choice, notwithstanding the existence
15of contracts between the Board and any independent testing
16laboratory.
17    (8) The Board shall employ such personnel as may be
18necessary to carry out its functions and shall determine the
19salaries of all personnel, except those personnel whose
20salaries are determined under the terms of a collective
21bargaining agreement. No person shall be employed to serve the
22Board who is, or whose spouse, parent or child is, an official
23of, or has a financial interest in or financial relation with,
24any operator engaged in gambling operations within this State
25or any organization engaged in conducting horse racing within
26this State. For the one year immediately preceding employment,

 

 

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1an employee shall not have been employed or received
2compensation or fees for services from a person or entity, or
3its parent or affiliate, that has engaged in business with the
4Board, a licensee, or a licensee under the Illinois Horse
5Racing Act of 1975. Any employee violating these prohibitions
6shall be subject to termination of employment.
7    (9) An Administrator shall perform any and all duties that
8the Board shall assign him. The salary of the Administrator
9shall be determined by the Board and, in addition, he shall be
10reimbursed for all actual and necessary expenses incurred by
11him in discharge of his official duties. The Administrator
12shall keep records of all proceedings of the Board and shall
13preserve all records, books, documents and other papers
14belonging to the Board or entrusted to its care. The
15Administrator shall devote his full time to the duties of the
16office and shall not hold any other office or employment.
17    (b) The Board shall have general responsibility for the
18implementation of this Act. Its duties include, without
19limitation, the following:
20        (1) To decide promptly and in reasonable order all
21    license applications. Any party aggrieved by an action of
22    the Board denying, suspending, revoking, restricting or
23    refusing to renew a license may request a hearing before
24    the Board. A request for a hearing must be made to the
25    Board in writing within 5 days after service of notice of
26    the action of the Board. Notice of the action of the Board

 

 

SB2309- 51 -LRB102 04340 RJF 14358 b

1    shall be served either by personal delivery or by
2    certified mail, postage prepaid, to the aggrieved party.
3    Notice served by certified mail shall be deemed complete
4    on the business day following the date of such mailing.
5    The Board shall conduct any such hearings promptly and in
6    reasonable order;
7        (2) To conduct all hearings pertaining to civil
8    violations of this Act or rules and regulations
9    promulgated hereunder;
10        (3) To promulgate such rules and regulations as in its
11    judgment may be necessary to protect or enhance the
12    credibility and integrity of gambling operations
13    authorized by this Act and the regulatory process
14    hereunder;
15        (4) To provide for the establishment and collection of
16    all license and registration fees and taxes imposed by
17    this Act and the rules and regulations issued pursuant
18    hereto. All such fees and taxes shall be deposited into
19    the State Gaming Fund;
20        (5) To provide for the levy and collection of
21    penalties and fines for the violation of provisions of
22    this Act and the rules and regulations promulgated
23    hereunder. All such fines and penalties shall be deposited
24    into the Education Assistance Fund, created by Public Act
25    86-0018, of the State of Illinois;
26        (6) To be present through its inspectors and agents

 

 

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1    any time gambling operations are conducted on any
2    riverboat, in any casino, or at any organization gaming
3    facility for the purpose of certifying the revenue
4    thereof, receiving complaints from the public, and
5    conducting such other investigations into the conduct of
6    the gambling games and the maintenance of the equipment as
7    from time to time the Board may deem necessary and proper;
8        (7) To review and rule upon any complaint by a
9    licensee regarding any investigative procedures of the
10    State which are unnecessarily disruptive of gambling
11    operations. The need to inspect and investigate shall be
12    presumed at all times. The disruption of a licensee's
13    operations shall be proved by clear and convincing
14    evidence, and establish that: (A) the procedures had no
15    reasonable law enforcement purposes, and (B) the
16    procedures were so disruptive as to unreasonably inhibit
17    gambling operations;
18        (8) To hold at least one meeting each quarter of the
19    fiscal year. In addition, special meetings may be called
20    by the Chairman or any 2 Board members upon 72 hours
21    written notice to each member. All Board meetings shall be
22    subject to the Open Meetings Act. Three members of the
23    Board shall constitute a quorum, and 3 votes shall be
24    required for any final determination by the Board. The
25    Board shall keep a complete and accurate record of all its
26    meetings. A majority of the members of the Board shall

 

 

SB2309- 53 -LRB102 04340 RJF 14358 b

1    constitute a quorum for the transaction of any business,
2    for the performance of any duty, or for the exercise of any
3    power which this Act requires the Board members to
4    transact, perform or exercise en banc, except that, upon
5    order of the Board, one of the Board members or an
6    administrative law judge designated by the Board may
7    conduct any hearing provided for under this Act or by
8    Board rule and may recommend findings and decisions to the
9    Board. The Board member or administrative law judge
10    conducting such hearing shall have all powers and rights
11    granted to the Board in this Act. The record made at the
12    time of the hearing shall be reviewed by the Board, or a
13    majority thereof, and the findings and decision of the
14    majority of the Board shall constitute the order of the
15    Board in such case;
16        (9) To maintain records which are separate and
17    distinct from the records of any other State board or
18    commission. Such records shall be available for public
19    inspection and shall accurately reflect all Board
20    proceedings;
21        (10) To file a written annual report with the Governor
22    on or before July 1 each year and such additional reports
23    as the Governor may request. The annual report shall
24    include a statement of receipts and disbursements by the
25    Board, actions taken by the Board, and any additional
26    information and recommendations which the Board may deem

 

 

SB2309- 54 -LRB102 04340 RJF 14358 b

1    valuable or which the Governor may request;
2        (11) (Blank);
3        (12) (Blank);
4        (13) To assume responsibility for administration and
5    enforcement of the Video Gaming Act;
6        (13.1) To assume responsibility for the administration
7    and enforcement of operations at organization gaming
8    facilities pursuant to this Act and the Illinois Horse
9    Racing Act of 1975;
10        (13.2) To assume responsibility for the administration
11    and enforcement of the Sports Wagering Act; and
12        (14) To adopt, by rule, a code of conduct governing
13    Board members and employees that ensure, to the maximum
14    extent possible, that persons subject to this Code avoid
15    situations, relationships, or associations that may
16    represent or lead to a conflict of interest.
17    Internal controls and changes submitted by licensees must
18be reviewed and either approved or denied with cause within 90
19days after receipt of submission is deemed final by the
20Illinois Gaming Board. In the event an internal control
21submission or change does not meet the standards set by the
22Board, staff of the Board must provide technical assistance to
23the licensee to rectify such deficiencies within 90 days after
24the initial submission and the revised submission must be
25reviewed and approved or denied with cause within 90 days
26after the date the revised submission is deemed final by the

 

 

SB2309- 55 -LRB102 04340 RJF 14358 b

1Board. For the purposes of this paragraph, "with cause" means
2that the approval of the submission would jeopardize the
3integrity of gaming. In the event the Board staff has not acted
4within the timeframe, the submission shall be deemed approved.
5    (c) The Board shall have jurisdiction over and shall
6supervise all gambling operations governed by this Act. The
7Board shall have all powers necessary and proper to fully and
8effectively execute the provisions of this Act, including, but
9not limited to, the following:
10        (1) To investigate applicants and determine the
11    eligibility of applicants for licenses and to select among
12    competing applicants the applicants which best serve the
13    interests of the citizens of Illinois.
14        (2) To have jurisdiction and supervision over all
15    riverboat gambling operations authorized under this Act
16    and all persons in places where gambling operations are
17    conducted.
18        (3) To promulgate rules and regulations for the
19    purpose of administering the provisions of this Act and to
20    prescribe rules, regulations and conditions under which
21    all gambling operations subject to this Act shall be
22    conducted. Such rules and regulations are to provide for
23    the prevention of practices detrimental to the public
24    interest and for the best interests of riverboat gambling,
25    including rules and regulations regarding the inspection
26    of organization gaming facilities, casinos, and

 

 

SB2309- 56 -LRB102 04340 RJF 14358 b

1    riverboats, and the review of any permits or licenses
2    necessary to operate a riverboat, casino, or organization
3    gaming facility under any laws or regulations applicable
4    to riverboats, casinos, or organization gaming facilities
5    and to impose penalties for violations thereof.
6        (4) To enter the office, riverboats, casinos,
7    organization gaming facilities, and other facilities, or
8    other places of business of a licensee, where evidence of
9    the compliance or noncompliance with the provisions of
10    this Act is likely to be found.
11        (5) To investigate alleged violations of this Act or
12    the rules of the Board and to take appropriate
13    disciplinary action against a licensee or a holder of an
14    occupational license for a violation, or institute
15    appropriate legal action for enforcement, or both.
16        (6) To adopt standards for the licensing of all
17    persons and entities under this Act, as well as for
18    electronic or mechanical gambling games, and to establish
19    fees for such licenses.
20        (7) To adopt appropriate standards for all
21    organization gaming facilities, riverboats, casinos, and
22    other facilities authorized under this Act.
23        (8) To require that the records, including financial
24    or other statements of any licensee under this Act, shall
25    be kept in such manner as prescribed by the Board and that
26    any such licensee involved in the ownership or management

 

 

SB2309- 57 -LRB102 04340 RJF 14358 b

1    of gambling operations submit to the Board an annual
2    balance sheet and profit and loss statement, list of the
3    stockholders or other persons having a 1% or greater
4    beneficial interest in the gambling activities of each
5    licensee, and any other information the Board deems
6    necessary in order to effectively administer this Act and
7    all rules, regulations, orders and final decisions
8    promulgated under this Act.
9        (9) To conduct hearings, issue subpoenas for the
10    attendance of witnesses and subpoenas duces tecum for the
11    production of books, records and other pertinent documents
12    in accordance with the Illinois Administrative Procedure
13    Act, and to administer oaths and affirmations to the
14    witnesses, when, in the judgment of the Board, it is
15    necessary to administer or enforce this Act or the Board
16    rules.
17        (10) To prescribe a form to be used by any licensee
18    involved in the ownership or management of gambling
19    operations as an application for employment for their
20    employees.
21        (11) To revoke or suspend licenses, as the Board may
22    see fit and in compliance with applicable laws of the
23    State regarding administrative procedures, and to review
24    applications for the renewal of licenses. The Board may
25    suspend an owners license or an organization gaming
26    license without notice or hearing upon a determination

 

 

SB2309- 58 -LRB102 04340 RJF 14358 b

1    that the safety or health of patrons or employees is
2    jeopardized by continuing a gambling operation conducted
3    under that license. The suspension may remain in effect
4    until the Board determines that the cause for suspension
5    has been abated. The Board may revoke an owners license or
6    organization gaming license upon a determination that the
7    licensee has not made satisfactory progress toward abating
8    the hazard.
9        (12) To eject or exclude or authorize the ejection or
10    exclusion of, any person from gambling facilities where
11    that person is in violation of this Act, rules and
12    regulations thereunder, or final orders of the Board, or
13    where such person's conduct or reputation is such that his
14    or her presence within the gambling facilities may, in the
15    opinion of the Board, call into question the honesty and
16    integrity of the gambling operations or interfere with the
17    orderly conduct thereof; provided that the propriety of
18    such ejection or exclusion is subject to subsequent
19    hearing by the Board.
20        (13) To require all licensees of gambling operations
21    to utilize a cashless wagering system whereby all players'
22    money is converted to tokens, electronic cards, or chips
23    which shall be used only for wagering in the gambling
24    establishment.
25        (14) (Blank).
26        (15) To suspend, revoke or restrict licenses, to

 

 

SB2309- 59 -LRB102 04340 RJF 14358 b

1    require the removal of a licensee or an employee of a
2    licensee for a violation of this Act or a Board rule or for
3    engaging in a fraudulent practice, and to impose civil
4    penalties of up to $5,000 against individuals and up to
5    $10,000 or an amount equal to the daily gross receipts,
6    whichever is larger, against licensees for each violation
7    of any provision of the Act, any rules adopted by the
8    Board, any order of the Board or any other action which, in
9    the Board's discretion, is a detriment or impediment to
10    gambling operations.
11        (16) To hire employees to gather information, conduct
12    investigations and carry out any other tasks contemplated
13    under this Act.
14        (17) To establish minimum levels of insurance to be
15    maintained by licensees.
16        (18) To authorize a licensee to sell or serve
17    alcoholic liquors, wine or beer as defined in the Liquor
18    Control Act of 1934 on board a riverboat or in a casino and
19    to have exclusive authority to establish the hours for
20    sale and consumption of alcoholic liquor on board a
21    riverboat or in a casino, notwithstanding any provision of
22    the Liquor Control Act of 1934 or any local ordinance, and
23    regardless of whether the riverboat makes excursions. The
24    establishment of the hours for sale and consumption of
25    alcoholic liquor on board a riverboat or in a casino is an
26    exclusive power and function of the State. A home rule

 

 

SB2309- 60 -LRB102 04340 RJF 14358 b

1    unit may not establish the hours for sale and consumption
2    of alcoholic liquor on board a riverboat or in a casino.
3    This subdivision (18) is a denial and limitation of home
4    rule powers and functions under subsection (h) of Section
5    6 of Article VII of the Illinois Constitution.
6        (19) After consultation with the U.S. Army Corps of
7    Engineers, to establish binding emergency orders upon the
8    concurrence of a majority of the members of the Board
9    regarding the navigability of water, relative to
10    excursions, in the event of extreme weather conditions,
11    acts of God or other extreme circumstances.
12        (20) To delegate the execution of any of its powers
13    under this Act for the purpose of administering and
14    enforcing this Act and the rules adopted by the Board.
15        (20.5) To approve any contract entered into on its
16    behalf.
17        (20.6) To appoint investigators to conduct
18    investigations, searches, seizures, arrests, and other
19    duties imposed under this Act, as deemed necessary by the
20    Board. These investigators have and may exercise all of
21    the rights and powers of peace officers, provided that
22    these powers shall be limited to offenses or violations
23    occurring or committed in a casino, in an organization
24    gaming facility, or on a riverboat or dock, as defined in
25    subsections (d) and (f) of Section 4, or as otherwise
26    provided by this Act or any other law.

 

 

SB2309- 61 -LRB102 04340 RJF 14358 b

1        (20.7) To contract with the Department of State Police
2    for the use of trained and qualified State police officers
3    and with the Department of Revenue for the use of trained
4    and qualified Department of Revenue investigators to
5    conduct investigations, searches, seizures, arrests, and
6    other duties imposed under this Act and to exercise all of
7    the rights and powers of peace officers, provided that the
8    powers of Department of Revenue investigators under this
9    subdivision (20.7) shall be limited to offenses or
10    violations occurring or committed in a casino, in an
11    organization gaming facility, or on a riverboat or dock,
12    as defined in subsections (d) and (f) of Section 4, or as
13    otherwise provided by this Act or any other law. In the
14    event the Department of State Police or the Department of
15    Revenue is unable to fill contracted police or
16    investigative positions, the Board may appoint
17    investigators to fill those positions pursuant to
18    subdivision (20.6).
19        (21) To adopt rules concerning the conduct of gaming
20    pursuant to an organization gaming license issued under
21    this Act.
22        (22) To have the same jurisdiction and supervision
23    over casinos and organization gaming facilities as the
24    Board has over riverboats, including, but not limited to,
25    the power to (i) investigate, review, and approve
26    contracts as that power is applied to riverboats, (ii)

 

 

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1    adopt rules for administering the provisions of this Act,
2    (iii) adopt standards for the licensing of all persons
3    involved with a casino or organization gaming facility,
4    (iv) investigate alleged violations of this Act by any
5    person involved with a casino or organization gaming
6    facility, and (v) require that records, including
7    financial or other statements of any casino or
8    organization gaming facility, shall be kept in such manner
9    as prescribed by the Board.
10        (23) To take any other action as may be reasonable or
11    appropriate to enforce this Act and the rules adopted by
12    the Board.
13    (d) The Board may seek and shall receive the cooperation
14of the Department of State Police in conducting background
15investigations of applicants and in fulfilling its
16responsibilities under this Section. Costs incurred by the
17Department of State Police as a result of such cooperation
18shall be paid by the Board in conformance with the
19requirements of Section 2605-400 of the Department of State
20Police Law.
21    (e) The Board must authorize to each investigator and to
22any other employee of the Board exercising the powers of a
23peace officer a distinct badge that, on its face, (i) clearly
24states that the badge is authorized by the Board and (ii)
25contains a unique identifying number. No other badge shall be
26authorized by the Board.

 

 

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1(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
 
2    Section 90. The Liquor Control Act of 1934 is amended by
3changing Section 3-9 as follows:
 
4    (235 ILCS 5/3-9)  (from Ch. 43, par. 105)
5    Sec. 3-9. Compensation of commissioners, secretary, and
6employees. The chairperson and other commissioners shall
7receive no compensation for their services chairman of the
8Commission shall receive an annual salary of $32,000 or such
9greater amount as may be set by the Compensation Review Board.
10The other commissioners shall receive an annual salary of
11$28,000 or such greater amount as may be set by the
12Compensation Review Board. The secretary of the Commission
13shall receive an annual salary as set by the Compensation
14Review Board. All clerks, inspectors, and employees of the
15Commission shall receive reasonable compensation in an amount
16fixed by the Commission, subject to the approval in writing of
17the Governor.
18(Source: P.A. 91-798, eff. 7-9-00.)
 
19    Section 95. The Environmental Protection Act is amended by
20changing Section 5 as follows:
 
21    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
22    Sec. 5. Pollution Control Board.

 

 

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1    (a) There is hereby created an independent board to be
2known as the Pollution Control Board.
3    On and after August 11, 2003 (the effective date of Public
4Act 93-509), the Board shall consist of 5 technically
5qualified members, no more than 3 of whom may be of the same
6political party, to be appointed by the Governor with the
7advice and consent of the Senate. Members shall have
8verifiable technical, academic, or actual experience in the
9field of pollution control or environmental law and
10regulation.
11    One member shall be appointed for a term ending July 1,
122004, 2 shall be appointed for terms ending July 1, 2005, and 2
13shall be appointed for terms ending July 1, 2006. Thereafter,
14all members shall hold office for 3 years from the first day of
15July in the year in which they were appointed, except in case
16of an appointment to fill a vacancy. In case of a vacancy in
17the office when the Senate is not in session, the Governor may
18make a temporary appointment until the next meeting of the
19Senate, when he or she shall nominate some person to fill such
20office; and any person so nominated, who is confirmed by the
21Senate, shall hold the office during the remainder of the
22term.
23    Members of the Board shall hold office until their
24respective successors have been appointed and qualified. Any
25member may resign from office, such resignation to take effect
26when a successor has been appointed and has qualified.

 

 

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1    Board members and the Chairperson of the Board shall
2receive no salary for their services shall be paid $37,000 per
3year or an amount set by the Compensation Review Board,
4whichever is greater, and the Chairman shall be paid $43,000
5per year or an amount set by the Compensation Review Board,
6whichever is greater. Each member shall devote his or her
7entire time to the duties of the office, and shall hold no
8other office or position of profit, nor engage in any other
9business, employment, or vocation. Each member shall be
10reimbursed for expenses necessarily incurred and shall make a
11financial disclosure upon appointment.
12    The Board may employ one assistant for each member and 2
13assistants for the Chairman. The Board also may employ and
14compensate hearing officers to preside at hearings under this
15Act, and such other personnel as may be necessary. Hearing
16officers shall be attorneys licensed to practice law in
17Illinois.
18    The Board may have an Executive Director; if so, the
19Executive Director shall be appointed by the Governor with the
20advice and consent of the Senate. The salary and duties of the
21Executive Director shall be fixed by the Board.
22    The Governor shall designate one Board member to be
23Chairman, who shall serve at the pleasure of the Governor.
24    The Board shall hold at least one meeting each month and
25such additional meetings as may be prescribed by Board rules.
26In addition, special meetings may be called by the Chairman or

 

 

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1by any 2 Board members, upon delivery of 48 hours written
2notice to the office of each member. All Board meetings shall
3be open to the public, and public notice of all meetings shall
4be given at least 48 hours in advance of each meeting. In
5emergency situations in which a majority of the Board
6certifies that exigencies of time require the requirements of
7public notice and of 24 hour written notice to members may be
8dispensed with, and Board members shall receive such notice as
9is reasonable under the circumstances.
10    Three members of the Board shall constitute a quorum to
11transact business; and the affirmative vote of 3 members is
12necessary to adopt any order. The Board shall keep a complete
13and accurate record of all its meetings.
14    (b) The Board shall determine, define and implement the
15environmental control standards applicable in the State of
16Illinois and may adopt rules and regulations in accordance
17with Title VII of this Act.
18    (c) The Board shall have authority to act for the State in
19regard to the adoption of standards for submission to the
20United States under any federal law respecting environmental
21protection. Such standards shall be adopted in accordance with
22Title VII of the Act and upon adoption shall be forwarded to
23the Environmental Protection Agency for submission to the
24United States pursuant to subsections (l) and (m) of Section 4
25of this Act. Nothing in this paragraph shall limit the
26discretion of the Governor to delegate authority granted to

 

 

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1the Governor under any federal law.
2    (d) The Board shall have authority to conduct proceedings
3upon complaints charging violations of this Act, any rule or
4regulation adopted under this Act, any permit or term or
5condition of a permit, or any Board order; upon administrative
6citations; upon petitions for variances, adjusted standards,
7or time-limited water quality standards; upon petitions for
8review of the Agency's final determinations on permit
9applications in accordance with Title X of this Act; upon
10petitions to remove seals under Section 34 of this Act; and
11upon other petitions for review of final determinations which
12are made pursuant to this Act or Board rule and which involve a
13subject which the Board is authorized to regulate. The Board
14may also conduct other proceedings as may be provided by this
15Act or any other statute or rule.
16    (e) In connection with any proceeding pursuant to
17subsection (b) or (d) of this Section, the Board may subpoena
18and compel the attendance of witnesses and the production of
19evidence reasonably necessary to resolution of the matter
20under consideration. The Board shall issue such subpoenas upon
21the request of any party to a proceeding under subsection (d)
22of this Section or upon its own motion.
23    (f) The Board may prescribe reasonable fees for permits
24required pursuant to this Act. Such fees in the aggregate may
25not exceed the total cost to the Agency for its inspection and
26permit systems. The Board may not prescribe any permit fees

 

 

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1which are different in amount from those established by this
2Act.
3(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
4100-863, eff. 8-14-18.)
 
5    Section 100. The Firearm Concealed Carry Act is amended by
6changing Section 20 as follows:
 
7    (430 ILCS 66/20)
8    Sec. 20. Concealed Carry Licensing Review Board.
9    (a) There is hereby created within the Department of State
10Police a Concealed Carry Licensing Review Board to consider
11any objection to an applicant's eligibility to obtain a
12license under this Act submitted by a law enforcement agency
13or the Department under Section 15 of this Act. The Board shall
14consist of 7 commissioners to be appointed by the Governor,
15with the advice and consent of the Senate, with 3
16commissioners residing within the First Judicial District and
17one commissioner residing within each of the 4 remaining
18Judicial Districts. No more than 4 commissioners shall be
19members of the same political party. The Governor shall
20designate one commissioner as the Chairperson. The Board shall
21consist of:
22        (1) one commissioner with at least 5 years of service
23    as a federal judge;
24        (2) 2 commissioners with at least 5 years of

 

 

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1    experience serving as an attorney with the United States
2    Department of Justice;
3        (3) 3 commissioners with at least 5 years of
4    experience as a federal agent or employee with
5    investigative experience or duties related to criminal
6    justice under the United States Department of Justice,
7    Drug Enforcement Administration, Department of Homeland
8    Security, or Federal Bureau of Investigation; and
9        (4) one member with at least 5 years of experience as a
10    licensed physician or clinical psychologist with expertise
11    in the diagnosis and treatment of mental illness.
12    (b) The initial terms of the commissioners shall end on
13January 12, 2015. Thereafter, the commissioners shall hold
14office for 4 years, with terms expiring on the second Monday in
15January of the fourth year. Commissioners may be reappointed.
16Vacancies in the office of commissioner shall be filled in the
17same manner as the original appointment, for the remainder of
18the unexpired term. The Governor may remove a commissioner for
19incompetence, neglect of duty, malfeasance, or inability to
20serve. Commissioners shall receive no compensation for their
21services, but compensation in an amount equal to the
22compensation of members of the Executive Ethics Commission and
23may be reimbursed for reasonable expenses actually incurred in
24the performance of their Board duties, from funds appropriated
25for that purpose.
26    (c) The Board shall meet at the call of the chairperson as

 

 

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1often as necessary to consider objections to applications for
2a license under this Act. If necessary to ensure the
3participation of a commissioner, the Board shall allow a
4commissioner to participate in a Board meeting by electronic
5communication. Any commissioner participating electronically
6shall be deemed present for purposes of establishing a quorum
7and voting.
8    (d) The Board shall adopt rules for the review of
9objections and the conduct of hearings. The Board shall
10maintain a record of its decisions and all materials
11considered in making its decisions. All Board decisions and
12voting records shall be kept confidential and all materials
13considered by the Board shall be exempt from inspection except
14upon order of a court.
15    (e) In considering an objection of a law enforcement
16agency or the Department, the Board shall review the materials
17received with the objection from the law enforcement agency or
18the Department. By a vote of at least 4 commissioners, the
19Board may request additional information from the law
20enforcement agency, Department, or the applicant, or the
21testimony of the law enforcement agency, Department, or the
22applicant. The Board may require that the applicant submit
23electronic fingerprints to the Department for an updated
24background check where the Board determines it lacks
25sufficient information to determine eligibility. The Board may
26only consider information submitted by the Department, a law

 

 

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1enforcement agency, or the applicant. The Board shall review
2each objection and determine by a majority of commissioners
3whether an applicant is eligible for a license.
4    (f) The Board shall issue a decision within 30 days of
5receipt of the objection from the Department. However, the
6Board 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 Department, in accordance with subsection
10    (e) of this Section, in which case the Board shall make a
11    decision within 30 days of receipt of the required
12    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
16    Department that the Board needs an additional 30 days to
17    issue a decision.
18    (g) If the Board determines by a preponderance of the
19evidence that the applicant poses a danger to himself or
20herself or others, or is a threat to public safety, then the
21Board shall affirm the objection of the law enforcement agency
22or the Department and shall notify the Department that the
23applicant is ineligible for a license. If the Board does not
24determine by a preponderance of the evidence that the
25applicant poses a danger to himself or herself or others, or is
26a threat to public safety, then the Board shall notify the

 

 

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1Department that the applicant is eligible for a license.
2    (h) Meetings of the Board shall not be subject to the Open
3Meetings Act and records of the Board shall not be subject to
4the Freedom of Information Act.
5    (i) The Board shall report monthly to the Governor and the
6General Assembly on the number of objections received and
7provide details of the circumstances in which the Board has
8determined to deny licensure based on law enforcement or
9Department objections under Section 15 of this Act. The report
10shall not contain any identifying information about the
11applicants.
12(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
13    Section 105. The Amusement Ride and Attraction Safety Act
14is amended by changing Section 2-5 as follows:
 
15    (430 ILCS 85/2-5)  (from Ch. 111 1/2, par. 4055)
16    Sec. 2-5. The members of the Board shall receive no
17compensation for their services, but who are appointed by the
18Governor shall receive compensation for their services at the
19rate of $36 per day for meeting days and shall be entitled to
20actual and necessary expenses while conducting the business of
21the Board.
22(Source: P.A. 83-1240.)
 
23    Section 110. The Toll Highway Act is amended by changing

 

 

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1Sections 4 and 5 as follows:
 
2    (605 ILCS 10/4)  (from Ch. 121, par. 100-4)
3    Sec. 4. Of the directors appointed by the Governor, one
4such director shall be appointed by the Governor as chairman
5and shall hold office for 4 years from the date of his
6appointment, and until his successor shall be duly appointed
7and qualified, but shall be subject to removal by the Governor
8for incompetency, neglect of duty or malfeasance. The term of
9the initial chairman appointed under this amendatory Act of
10the 100th General Assembly shall end March 1, 2021 and the
11chairman shall serve until his or her successor is duly
12appointed and qualified.
13    The chairman shall preside at all meetings of the Board of
14Directors of the Authority; shall exercise general supervision
15over all powers, duties, obligations and functions of the
16Authority; and shall approve or disapprove all resolutions,
17by-laws, rules, rates and regulations made and established by
18the Board of Directors, and if he shall approve thereof, he
19shall sign the same, and such as he shall not approve he shall
20return to the Board of Directors with his objections thereto
21in writing at the next regular meeting of the Board of
22Directors occurring after the passage thereof. Such veto may
23extend to any one or more items contained in such resolution,
24by-law, rule, rate or regulation, or to its entirety; and in
25case the veto extends to a part of such resolution, by-law,

 

 

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1rule, rate or regulation, the residue thereof shall take
2effect and be in force, but in case the chairman shall fail to
3return any resolution, by-law, rule, rate or regulation with
4his objections thereto by the time aforesaid, he shall be
5deemed to have approved the same, and the same shall take
6effect accordingly. Upon the return of any resolution, by-law,
7rule, rate or regulation by the chairman, the vote by which the
8same was passed shall be reconsidered by the Board of
9Directors, and if upon such reconsideration two-thirds of all
10the Directors agree by yeas and nays to pass the same, it shall
11go into effect notwithstanding the chairman's refusal to
12approve thereof. The process of approving or disapproving all
13resolutions, by-laws, rules, rates and regulations, as well as
14the ability of the Board of Directors to override the
15disapproval of the chairman, under this Section shall be set
16forth in the Authority's by-laws. Nothing in the Authority's
17by-laws, rules, or regulations may be contrary to this
18Section.
19    The chairperson shall no salary for his or her services,
20but shall receive chairman shall receive a salary of $18,000
21per annum, or as set by the Compensation Review Board,
22whichever is greater, payable in monthly installments,
23together with reimbursement for necessary expenses incurred in
24the performance of his duties. The chairman shall be eligible
25for reappointment.
26(Source: P.A. 100-1180, eff. 2-28-19.)
 

 

 

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1    (605 ILCS 10/5)  (from Ch. 121, par. 100-5)
2    Sec. 5. Of the original directors, other than the
3chairman, so appointed by the Governor, 3 shall hold office
4for 2 years and 3 shall hold office for 4 years, from the date
5of their appointment and until their respective successors
6shall be duly appointed and qualified, but shall be subject to
7removal by the Governor for incompetency, neglect of duty or
8malfeasance. In case of vacancies in such offices during the
9recess of the Senate, the Governor shall make a temporary
10appointment until the next meeting of the Senate when he shall
11nominate some person to fill such office and any person so
12nominated, who is confirmed by the Senate, shall hold office
13during the remainder of the term and until his successor shall
14be appointed and qualified. The respective term of the first
15directors appointed shall be designated by the Governor at the
16time of appointment, but their successors shall each be
17appointed for a term of four years, except that any person
18appointed to fill a vacancy shall serve only for the unexpired
19term. Directors shall be eligible for reappointment.
20    In making the initial appointments of the 2 additional
21directors provided for by this amendatory Act of 1980, the
22respective terms of the 2 additional directors first appointed
23shall be designated by the Governor at the time of appointment
24in such manner that the term of one such additional director
25shall expire at the same time as the terms of 4 of the other

 

 

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1directors and the term of the other additional director shall
2expire at the same time as the terms of 3 of the other
3directors; thereafter the terms shall be 4 years.
4    Of the initial directors, other than the chairman,
5appointed under the provisions of this amendatory Act of the
6100th General Assembly, 4 shall serve terms running through
7March 1, 2021. The 4 remaining directors shall serve terms
8running through March 1, 2023. Thereafter the terms of all
9directors shall be 4 years. Directors shall serve until their
10respective successors are duly appointed and qualified.
11Directors shall be eligible for reappointment.
12    Each such director shall receive no salary for his or her
13services, but , other than ex officio members shall receive an
14annual salary of $15,000, or as set by the Compensation Review
15Board, whichever is greater, payable in monthly installments,
16and shall be reimbursed for necessary expenses incurred in the
17performance of his duties.
18(Source: P.A. 100-1180, eff. 2-28-19.)
 
19    Section 115. The Unified Code of Corrections is amended by
20changing Section 3-3-1 as follows:
 
21    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
22    Sec. 3-3-1. Establishment and appointment of Prisoner
23Review Board.
24    (a) There shall be a Prisoner Review Board independent of

 

 

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1the Department which shall be:
2        (1) the paroling authority for persons sentenced under
3    the law in effect prior to the effective date of this
4    amendatory Act of 1977;
5        (1.2) the paroling authority for persons eligible for
6    parole review under Section 5-4.5-115;
7        (1.5) (blank);
8        (2) the board of review for cases involving the
9    revocation of sentence credits or a suspension or
10    reduction in the rate of accumulating the credit;
11        (3) the board of review and recommendation for the
12    exercise of executive clemency by the Governor;
13        (4) the authority for establishing release dates for
14    certain prisoners sentenced under the law in existence
15    prior to the effective date of this amendatory Act of
16    1977, in accordance with Section 3-3-2.1 of this Code;
17        (5) the authority for setting conditions for parole
18    and mandatory supervised release under Section 5-8-1(a) of
19    this Code, and determining whether a violation of those
20    conditions warrant revocation of parole or mandatory
21    supervised release or the imposition of other sanctions;
22    and
23        (6) the authority for determining whether a violation
24    of aftercare release conditions warrant revocation of
25    aftercare release.
26    (b) The Board shall consist of 15 persons appointed by the

 

 

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1Governor by and with the advice and consent of the Senate. One
2member of the Board shall be designated by the Governor to be
3Chairman and shall serve as Chairman at the pleasure of the
4Governor. The members of the Board shall have had at least 5
5years of actual experience in the fields of penology,
6corrections work, law enforcement, sociology, law, education,
7social work, medicine, psychology, other behavioral sciences,
8or a combination thereof. At least 6 members so appointed must
9have at least 3 years experience in the field of juvenile
10matters. No more than 8 Board members may be members of the
11same political party.
12    Each member of the Board shall serve on a full-time basis
13and shall not hold any other salaried public office, whether
14elective or appointive, nor any other office or position of
15profit, nor engage in any other business, employment, or
16vocation. The Chairperson and other members of the Board shall
17receive no salary for their services Chairman of the Board
18shall receive $35,000 a year, or an amount set by the
19Compensation Review Board, whichever is greater, and each
20other member $30,000, or an amount set by the Compensation
21Review Board, whichever is greater.
22    (c) Notwithstanding any other provision of this Section,
23the term of each member of the Board who was appointed by the
24Governor and is in office on June 30, 2003 shall terminate at
25the close of business on that date or when all of the successor
26members to be appointed pursuant to this amendatory Act of the

 

 

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193rd General Assembly have been appointed by the Governor,
2whichever occurs later. As soon as possible, the Governor
3shall appoint persons to fill the vacancies created by this
4amendatory Act.
5    Of the initial members appointed under this amendatory Act
6of the 93rd General Assembly, the Governor shall appoint 5
7members whose terms shall expire on the third Monday in
8January 2005, 5 members whose terms shall expire on the third
9Monday in January 2007, and 5 members whose terms shall expire
10on the third Monday in January 2009. Their respective
11successors shall be appointed for terms of 6 years from the
12third Monday in January of the year of appointment. Each
13member shall serve until his or her successor is appointed and
14qualified.
15    Any member may be removed by the Governor for
16incompetence, neglect of duty, malfeasance or inability to
17serve.
18    (d) The Chairman of the Board shall be its chief executive
19and administrative officer. The Board may have an Executive
20Director; if so, the Executive Director shall be appointed by
21the Governor with the advice and consent of the Senate. The
22salary and duties of the Executive Director shall be fixed by
23the Board.
24(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
25    Section 120. The Illinois Human Rights Act is amended by

 

 

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1changing Section 8-101 as follows:
 
2    (775 ILCS 5/8-101)  (from Ch. 68, par. 8-101)
3    Sec. 8-101. Illinois Human Rights Commission.
4    (A) Creation; appointments. The Human Rights Commission is
5created to consist of 7 members appointed by the Governor with
6the advice and consent of the Senate. No more than 4 members
7shall be of the same political party. The Governor shall
8designate one member as chairperson. All appointments shall be
9in writing and filed with the Secretary of State as a public
10record.
11    (B) Terms. Of the members first appointed, 4 shall be
12appointed for a term to expire on the third Monday of January,
132021, and 3 (including the Chairperson) shall be appointed for
14a term to expire on the third Monday of January, 2023.
15    Notwithstanding any provision of this Section to the
16contrary, the term of office of each member of the Illinois
17Human Rights Commission is abolished on January 19, 2019.
18Incumbent members holding a position on the Commission that
19was created by Public Act 84-115 and whose terms, if not for
20this amendatory Act of the 100th General Assembly, would have
21expired January 18, 2021 shall continue to exercise all of the
22powers and be subject to all of the duties of members of the
23Commission until June 30, 2019 or until their respective
24successors are appointed and qualified, whichever is earlier.
25    Thereafter, each member shall serve for a term of 4 years

 

 

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1and until his or her successor is appointed and qualified;
2except that any member chosen to fill a vacancy occurring
3otherwise than by expiration of a term shall be appointed only
4for the unexpired term of the member whom he or she shall
5succeed and until his or her successor is appointed and
6qualified.
7    (C) Vacancies.
8        (1) In the case of vacancies on the Commission during
9    a recess of the Senate, the Governor shall make a
10    temporary appointment until the next meeting of the Senate
11    when he or she shall appoint a person to fill the vacancy.
12    Any person so nominated and confirmed by the Senate shall
13    hold office for the remainder of the term and until his or
14    her successor is appointed and qualified.
15        (2) If the Senate is not in session at the time this
16    Act takes effect, the Governor shall make temporary
17    appointments to the Commission as in the case of
18    vacancies.
19        (3) Vacancies in the Commission shall not impair the
20    right of the remaining members to exercise all the powers
21    of the Commission. Except when authorized by this Act to
22    proceed through a 3 member panel, a majority of the
23    members of the Commission then in office shall constitute
24    a quorum.
25    (D) Compensation. The Chairperson and other members of the
26Commission shall receive no compensation for their services,

 

 

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1but On and after January 19, 2019, the Chairperson of the
2Commission shall be compensated at the rate of $125,000 per
3year, or as set by the Compensation Review Board, whichever is
4greater, during his or her service as Chairperson, and each
5other member shall be compensated at the rate of $119,000 per
6year, or as set by the Compensation Review Board, whichever is
7greater. In addition, all members of the Commission shall be
8reimbursed for expenses actually and necessarily incurred by
9them in the performance of their duties.
10    (E) Notwithstanding the general supervisory authority of
11the Chairperson, each commissioner, unless appointed to the
12special temporary panel created under subsection (H), has the
13authority to hire and supervise a staff attorney. The staff
14attorney shall report directly to the individual commissioner.
15    (F) A formal training program for newly appointed
16commissioners shall be implemented. The training program shall
17include the following:
18        (1) substantive and procedural aspects of the office
19    of commissioner;
20        (2) current issues in employment and housing
21    discrimination and public accommodation law and practice;
22        (3) orientation to each operational unit of the Human
23    Rights Commission;
24        (4) observation of experienced hearing officers and
25    commissioners conducting hearings of cases, combined with
26    the opportunity to discuss evidence presented and rulings

 

 

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1    made;
2        (5) the use of hypothetical cases requiring the newly
3    appointed commissioner to issue judgments as a means of
4    evaluating knowledge and writing ability;
5        (6) writing skills; and
6        (7) professional and ethical standards.
7    A formal and ongoing professional development program
8including, but not limited to, the above-noted areas shall be
9implemented to keep commissioners informed of recent
10developments and issues and to assist them in maintaining and
11enhancing their professional competence. Each commissioner
12shall complete 20 hours of training in the above-noted areas
13during every 2 years the commissioner remains in office.
14    (G) Commissioners must meet one of the following
15qualifications:
16        (1) licensed to practice law in the State of Illinois;
17        (2) at least 3 years of experience as a hearing
18    officer at the Human Rights Commission; or
19        (3) at least 4 years of professional experience
20    working for or dealing with individuals or corporations
21    affected by this Act or similar laws in other
22    jurisdictions, including, but not limited to, experience
23    with a civil rights advocacy group, a fair housing group,
24    a trade association, a union, a law firm, a legal aid
25    organization, an employer's human resources department, an
26    employment discrimination consulting firm, or a municipal

 

 

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1    human relations agency.
2    The Governor's appointment message, filed with the
3Secretary of State and transmitted to the Senate, shall state
4specifically how the experience of a nominee for commissioner
5meets the requirement set forth in this subsection. The
6Chairperson must have public or private sector management and
7budget experience, as determined by the Governor.
8    Each commissioner shall devote full time to his or her
9duties and any commissioner who is an attorney shall not
10engage in the practice of law, nor shall any commissioner hold
11any other office or position of profit under the United States
12or this State or any municipal corporation or political
13subdivision of this State, nor engage in any other business,
14employment, or vocation.
15    (H) Notwithstanding any other provision of this Act, the
16Governor shall appoint, by and with the consent of the Senate,
17a special temporary panel of commissioners comprised of 3
18members. The members shall hold office until the Commission,
19in consultation with the Governor, determines that the
20caseload of requests for review has been reduced sufficiently
21to allow cases to proceed in a timely manner, or for a term of
2218 months from the date of appointment by the Governor,
23whichever is earlier. Each of the 3 members shall have only
24such rights and powers of a commissioner necessary to dispose
25of the cases assigned to the special panel. Each of the 3
26members appointed to the special panel shall receive the same

 

 

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1salary as other commissioners for the duration of the panel.
2The panel shall have the authority to hire and supervise a
3staff attorney who shall report to the panel of commissioners.
4(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
 
5    Section 125. The Workers' Compensation Act is amended by
6changing Section 13 as follows:
 
7    (820 ILCS 305/13)  (from Ch. 48, par. 138.13)
8    Sec. 13. There is created an Illinois Workers'
9Compensation Commission consisting of 10 members to be
10appointed by the Governor, by and with the consent of the
11Senate, 3 of whom shall be representative citizens of the
12employing class operating under this Act and 3 of whom shall be
13from a labor organization recognized under the National Labor
14Relations Act or an attorney who has represented labor
15organizations or has represented employees in workers'
16compensation cases, and 4 of whom shall be representative
17citizens not identified with either the employing or employee
18classes. Not more than 6 members of the Commission shall be of
19the same political party.
20    One of the members not identified with either the
21employing or employee classes shall be designated by the
22Governor as Chairman. The Chairman shall be the chief
23administrative and executive officer of the Commission; and he
24or she shall have general supervisory authority over all

 

 

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1personnel of the Commission, including arbitrators and
2Commissioners, and the final authority in all administrative
3matters relating to the Commissioners, including but not
4limited to the assignment and distribution of cases and
5assignment of Commissioners to the panels, except in the
6promulgation of procedural rules and orders under Section 16
7and in the determination of cases under this Act.
8    Notwithstanding the general supervisory authority of the
9Chairman, each Commissioner, except those assigned to the
10temporary panel, shall have the authority to hire and
11supervise 2 staff attorneys each. Such staff attorneys shall
12report directly to the individual Commissioner.
13    A formal training program for newly-appointed
14Commissioners shall be implemented. The training program shall
15include the following:
16        (a) substantive and procedural aspects of the office
17    of Commissioner;
18        (b) current issues in workers' compensation law and
19    practice;
20        (c) medical lectures by specialists in areas such as
21    orthopedics, ophthalmology, psychiatry, rehabilitation
22    counseling;
23        (d) orientation to each operational unit of the
24    Illinois Workers' Compensation Commission;
25        (e) observation of experienced arbitrators and
26    Commissioners conducting hearings of cases, combined with

 

 

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1    the opportunity to discuss evidence presented and rulings
2    made;
3        (f) the use of hypothetical cases requiring the
4    newly-appointed Commissioner to issue judgments as a means
5    to evaluating knowledge and writing ability;
6        (g) writing skills;
7        (h) professional and ethical standards pursuant to
8    Section 1.1 of this Act;
9        (i) detection of workers' compensation fraud and
10    reporting obligations of Commission employees and
11    appointees;
12        (j) standards of evidence-based medical treatment and
13    best practices for measuring and improving quality and
14    health care outcomes in the workers' compensation system,
15    including but not limited to the use of the American
16    Medical Association's "Guides to the Evaluation of
17    Permanent Impairment" and the practice of utilization
18    review; and
19        (k) substantive and procedural aspects of coal
20    workers' pneumoconiosis (black lung) cases.
21    A formal and ongoing professional development program
22including, but not limited to, the above-noted areas shall be
23implemented to keep Commissioners informed of recent
24developments and issues and to assist them in maintaining and
25enhancing their professional competence. Each Commissioner
26shall complete 20 hours of training in the above-noted areas

 

 

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1during every 2 years such Commissioner shall remain in office.
2    The Commissioner candidates, other than the Chairman, must
3meet one of the following qualifications: (a) licensed to
4practice law in the State of Illinois; or (b) served as an
5arbitrator at the Illinois Workers' Compensation Commission
6for at least 3 years; or (c) has at least 4 years of
7professional labor relations experience. The Chairman
8candidate must have public or private sector management and
9budget experience, as determined by the Governor.
10    Each Commissioner shall devote full time to his duties and
11any Commissioner who is an attorney-at-law shall not engage in
12the practice of law, nor shall any Commissioner hold any other
13office or position of profit under the United States or this
14State or any municipal corporation or political subdivision of
15this State, nor engage in any other business, employment, or
16vocation.
17    The term of office of each member of the Commission
18holding office on the effective date of this amendatory Act of
191989 is abolished, but the incumbents shall continue to
20exercise all of the powers and be subject to all of the duties
21of Commissioners until their respective successors are
22appointed and qualified.
23    The Illinois Workers' Compensation Commission shall
24administer this Act.
25    In the promulgation of procedural rules, the determination
26of cases heard en banc, and other matters determined by the

 

 

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1full Commission, the Chairman's vote shall break a tie in the
2event of a tie vote.
3    The members shall be appointed by the Governor, with the
4advice and consent of the Senate, as follows:
5        (a) After the effective date of this amendatory Act of
6    1989, 3 members, at least one of each political party, and
7    one of whom shall be a representative citizen of the
8    employing class operating under this Act, one of whom
9    shall be a representative citizen of the class of
10    employees covered under this Act, and one of whom shall be
11    a representative citizen not identified with either the
12    employing or employee classes, shall be appointed to hold
13    office until the third Monday in January of 1993, and
14    until their successors are appointed and qualified, and 4
15    members, one of whom shall be a representative citizen of
16    the employing class operating under this Act, one of whom
17    shall be a representative citizen of the class of
18    employees covered in this Act, and two of whom shall be
19    representative citizens not identified with either the
20    employing or employee classes, one of whom shall be
21    designated by the Governor as Chairman (at least one of
22    each of the two major political parties) shall be
23    appointed to hold office until the third Monday of January
24    in 1991, and until their successors are appointed and
25    qualified.
26        (a-5) Notwithstanding any other provision of this

 

 

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1    Section, the term of each member of the Commission who was
2    appointed by the Governor and is in office on June 30, 2003
3    shall terminate at the close of business on that date or
4    when all of the successor members to be appointed pursuant
5    to this amendatory Act of the 93rd General Assembly have
6    been appointed by the Governor, whichever occurs later. As
7    soon as possible, the Governor shall appoint persons to
8    fill the vacancies created by this amendatory Act. Of the
9    initial commissioners appointed pursuant to this
10    amendatory Act of the 93rd General Assembly, 3 shall be
11    appointed for terms ending on the third Monday in January,
12    2005, and 4 shall be appointed for terms ending on the
13    third Monday in January, 2007.
14        (a-10) After the effective date of this amendatory Act
15    of the 94th General Assembly, the Commission shall be
16    increased to 10 members. As soon as possible after the
17    effective date of this amendatory Act of the 94th General
18    Assembly, the Governor shall appoint, by and with the
19    consent of the Senate, the 3 members added to the
20    Commission under this amendatory Act of the 94th General
21    Assembly, one of whom shall be a representative citizen of
22    the employing class operating under this Act, one of whom
23    shall be a representative of the class of employees
24    covered under this Act, and one of whom shall be a
25    representative citizen not identified with either the
26    employing or employee classes. Of the members appointed

 

 

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1    under this amendatory Act of the 94th General Assembly,
2    one shall be appointed for a term ending on the third
3    Monday in January, 2007, and 2 shall be appointed for
4    terms ending on the third Monday in January, 2009, and
5    until their successors are appointed and qualified.
6        (b) Members shall thereafter be appointed to hold
7    office for terms of 4 years from the third Monday in
8    January of the year of their appointment, and until their
9    successors are appointed and qualified. All such
10    appointments shall be made so that the composition of the
11    Commission is in accordance with the provisions of the
12    first paragraph of this Section.
13    The Chairperson and other members of the Commission shall
14receive no salary for their services Chairman shall receive an
15annual salary of $42,500, or a salary set by the Compensation
16Review Board, whichever is greater, and each other member
17shall receive an annual salary of $38,000, or a salary set by
18the Compensation Review Board, whichever is greater.
19    In case of a vacancy in the office of a Commissioner during
20the recess of the Senate, the Governor shall make a temporary
21appointment until the next meeting of the Senate, when he
22shall nominate some person to fill such office. Any person so
23nominated who is confirmed by the Senate shall hold office
24during the remainder of the term and until his successor is
25appointed and qualified.
26    The Illinois Workers' Compensation Commission created by

 

 

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1this amendatory Act of 1989 shall succeed to all the rights,
2powers, duties, obligations, records and other property and
3employees of the Industrial Commission which it replaces as
4modified by this amendatory Act of 1989 and all applications
5and reports to actions and proceedings of such prior
6Industrial Commission shall be considered as applications and
7reports to actions and proceedings of the Illinois Workers'
8Compensation Commission created by this amendatory Act of
91989.
10    Notwithstanding any other provision of this Act, in the
11event the Chairman shall make a finding that a member is or
12will be unavailable to fulfill the responsibilities of his or
13her office, the Chairman shall advise the Governor and the
14member in writing and shall designate a certified arbitrator
15to serve as acting Commissioner. The certified arbitrator
16shall act as a Commissioner until the member resumes the
17duties of his or her office or until a new member is appointed
18by the Governor, by and with the consent of the Senate, if a
19vacancy occurs in the office of the Commissioner, but in no
20event shall a certified arbitrator serve in the capacity of
21Commissioner for more than 6 months from the date of
22appointment by the Chairman. A finding by the Chairman that a
23member is or will be unavailable to fulfill the
24responsibilities of his or her office shall be based upon
25notice to the Chairman by a member that he or she will be
26unavailable or facts and circumstances made known to the

 

 

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1Chairman which lead him to reasonably find that a member is
2unavailable to fulfill the responsibilities of his or her
3office. The designation of a certified arbitrator to act as a
4Commissioner shall be considered representative of citizens
5not identified with either the employing or employee classes
6and the arbitrator shall serve regardless of his or her
7political affiliation. A certified arbitrator who serves as an
8acting Commissioner shall have all the rights and powers of a
9Commissioner, including salary.
10    Notwithstanding any other provision of this Act, the
11Governor shall appoint a special panel of Commissioners
12comprised of 3 members who shall be chosen by the Governor, by
13and with the consent of the Senate, from among the current
14ranks of certified arbitrators. Three members shall hold
15office until the Commission in consultation with the Governor
16determines that the caseload on review has been reduced
17sufficiently to allow cases to proceed in a timely manner or
18for a term of 18 months from the effective date of their
19appointment by the Governor, whichever shall be earlier. The 3
20members shall be considered representative of citizens not
21identified with either the employing or employee classes and
22shall serve regardless of political affiliation. Each of the 3
23members shall have only such rights and powers of a
24Commissioner necessary to dispose of those cases assigned to
25the special panel. Each of the 3 members appointed to the
26special panel shall receive the same salary as other

 

 

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1Commissioners for the duration of the panel.
2    The Commission may have an Executive Director; if so, the
3Executive Director shall be appointed by the Governor with the
4advice and consent of the Senate. The salary and duties of the
5Executive Director shall be fixed by the Commission.
6    On the effective date of this amendatory Act of the 93rd
7General Assembly, the name of the Industrial Commission is
8changed to the Illinois Workers' Compensation Commission.
9References in any law, appropriation, rule, form, or other
10document: (i) to the Industrial Commission are deemed, in
11appropriate contexts, to be references to the Illinois
12Workers' Compensation Commission for all purposes; (ii) to the
13Industrial Commission Operations Fund are deemed, in
14appropriate contexts, to be references to the Illinois
15Workers' Compensation Commission Operations Fund for all
16purposes; (iii) to the Industrial Commission Operations Fund
17Fee are deemed, in appropriate contexts, to be references to
18the Illinois Workers' Compensation Commission Operations Fund
19Fee for all purposes; and (iv) to the Industrial Commission
20Operations Fund Surcharge are deemed, in appropriate contexts,
21to be references to the Illinois Workers' Compensation
22Commission Operations Fund Surcharge for all purposes.
23(Source: P.A. 101-384, eff. 1-1-20.)

 

 

SB2309- 95 -LRB102 04340 RJF 14358 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 290/5 new
4    5 ILCS 315/5from Ch. 48, par. 1605
5    5 ILCS 430/20-5
6    10 ILCS 5/1A-6.1from Ch. 46, par. 1A-6.1
7    20 ILCS 5/5-155was 20 ILCS 5/5.04
8    20 ILCS 5/5-340was 20 ILCS 5/9.30
9    20 ILCS 5/5-565was 20 ILCS 5/6.06
10    20 ILCS 415/7dfrom Ch. 127, par. 63b107d
11    20 ILCS 1605/6from Ch. 120, par. 1156
12    20 ILCS 2610/5from Ch. 121, par. 307.5
13    35 ILCS 200/7-10
14    70 ILCS 1810/12from Ch. 19, par. 163
15    70 ILCS 1863/21
16    70 ILCS 3605/19from Ch. 111 2/3, par. 319
17    70 ILCS 3605/22from Ch. 111 2/3, par. 322
18    115 ILCS 5/5from Ch. 48, par. 1705
19    220 ILCS 5/2-104from Ch. 111 2/3, par. 2-104
20    225 ILCS 705/8.04from Ch. 96 1/2, par. 804
21    230 ILCS 5/5from Ch. 8, par. 37-5
22    230 ILCS 10/5from Ch. 120, par. 2405
23    235 ILCS 5/3-9from Ch. 43, par. 105
24    415 ILCS 5/5from Ch. 111 1/2, par. 1005
25    430 ILCS 66/20

 

 

SB2309- 96 -LRB102 04340 RJF 14358 b

1    430 ILCS 85/2-5from Ch. 111 1/2, par. 4055
2    605 ILCS 10/4from Ch. 121, par. 100-4
3    605 ILCS 10/5from Ch. 121, par. 100-5
4    730 ILCS 5/3-3-1from Ch. 38, par. 1003-3-1
5    775 ILCS 5/8-101from Ch. 68, par. 8-101
6    820 ILCS 305/13from Ch. 48, par. 138.13