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093_SB2003ham004
LRB093 08500 EFG 17269 a
1 AMENDMENT TO SENATE BILL 2003
2 AMENDMENT NO. . Amend Senate Bill 2003 by replacing
3 everything after the enacting clause with the following:
4 "Section 5-315. The Illinois Public Labor Relations Act
5 is amended by changing Section 5 as follows:
6 (5 ILCS 315/5) (from Ch. 48, par. 1605)
7 Sec. 5. Illinois Labor Relations Board; State Panel;
8 Local Panel.
9 (a) There is created the Illinois Labor Relations Board.
10 The Board shall be comprised of 2 panels, to be known as the
11 State Panel and the Local Panel.
12 (a-5) The State Panel shall have jurisdiction over
13 collective bargaining matters between employee organizations
14 and the State of Illinois, excluding the General Assembly of
15 the State of Illinois, between employee organizations and
16 units of local government and school districts with a
17 population not in excess of 2 million persons, and between
18 employee organizations and the Regional Transportation
19 Authority.
20 The State Panel shall consist of 5 members appointed by
21 the Governor, with the advice and consent of the Senate. The
22 Governor shall appoint to the State Panel only persons who
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1 have had a minimum of 5 years of experience directly related
2 to labor and employment relations in representing public
3 employers, private employers or labor organizations; or
4 teaching labor or employment relations; or administering
5 executive orders or regulations applicable to labor or
6 employment relations. At the time of his or her appointment,
7 each member of the State Panel shall be an Illinois resident.
8 The Governor shall designate one member to serve as the
9 Chairman of the State Panel and the Board.
10 Notwithstanding any other provision of this Section, the
11 term of each member of the State Panel who was appointed by
12 the Governor and is in office on June 30, 2003 shall
13 terminate at the close of business on that date or when all
14 of the successor members to be appointed pursuant to this
15 amendatory Act of the 93rd General Assembly have been
16 appointed by the Governor, whichever occurs later. As soon
17 as possible, the Governor shall appoint persons to fill the
18 vacancies created by this amendatory Act.
19 The initial appointments under this amendatory Act of the
20 93rd91st General Assembly shall be for terms as follows:
21 The Chairman shall initially be appointed for a term ending
22 on the 4th Monday in January, 20072001; 2 members shall be
23 initially appointed for terms ending on the 4th Monday in
24 January, 20062002; one member shall be initially appointed
25 for a term ending on the 4th Monday in January, 20052003;
26 and one member shall be initially appointed for a term ending
27 on the 4th Monday in January, 2004. Each subsequent member
28 shall be appointed for a term of 4 years, commencing on the
29 4th Monday in January. Upon expiration of the term of office
30 of any appointive member, that member shall continue to serve
31 until a successor shall be appointed and qualified. In case
32 of a vacancy, a successor shall be appointed to serve for the
33 unexpired portion of the term. If the Senate is not in
34 session at the time the initial appointments are made, the
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1 Governor shall make temporary appointments in the same manner
2 successors are appointed to fill vacancies. A temporary
3 appointment shall remain in effect no longer than 20 calendar
4 days after the commencement of the next Senate session.
5 (b) The Local Panel shall have jurisdiction over
6 collective bargaining agreement matters between employee
7 organizations and units of local government with a population
8 in excess of 2 million persons, but excluding the Regional
9 Transportation Authority.
10 The Local Panel shall consist of one person appointed by
11 the Governor with the advice and consent of the Senate (or,
12 if no such person is appointed, the Chairman of the State
13 Panel) and two additional members, one appointed by the Mayor
14 of the City of Chicago and one appointed by the President of
15 the Cook County Board of Commissioners. Appointees to the
16 Local Panel must have had a minimum of 5 years of experience
17 directly related to labor and employment relations in
18 representing public employers, private employers or labor
19 organizations; or teaching labor or employment relations; or
20 administering executive orders or regulations applicable to
21 labor or employment relations. Each member of the Local
22 Panel shall be an Illinois resident at the time of his or her
23 appointment. The member appointed by the Governor (or, if no
24 such person is appointed, the Chairman of the State Panel)
25 shall serve as the Chairman of the Local Panel.
26 Notwithstanding any other provision of this Section, the
27 term of the member of the Local Panel who was appointed by
28 the Governor and is in office on June 30, 2003 shall
29 terminate at the close of business on that date or when his
30 or her successor has been appointed by the Governor,
31 whichever occurs later. As soon as possible, the Governor
32 shall appoint a person to fill the vacancy created by this
33 amendatory Act. The initial appointment under this
34 amendatory Act of the 93rd General Assembly shall be for a
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1 term ending on the 4th Monday in January, 2007.
2 The initial appointments under this amendatory Act of the
3 91st General Assembly shall be for terms as follows: The
4 member appointed by the Governor shall initially be appointed
5 for a term ending on the 4th Monday in January, 2001; the
6 member appointed by the President of the Cook County Board
7 shall be initially appointed for a term ending on the 4th
8 Monday in January, 2003; and the member appointed by the
9 Mayor of the City of Chicago shall be initially appointed for
10 a term ending on the 4th Monday in January, 2004. Each
11 subsequent member shall be appointed for a term of 4 years,
12 commencing on the 4th Monday in January. Upon expiration of
13 the term of office of any appointive member, the member shall
14 continue to serve until a successor shall be appointed and
15 qualified. In the case of a vacancy, a successor shall be
16 appointed by the applicable appointive authority to serve for
17 the unexpired portion of the term.
18 (c) Three members of the State Panel shall at all times
19 constitute a quorum. Two members of the Local Panel shall at
20 all times constitute a quorum. A vacancy on a panel does not
21 impair the right of the remaining members to exercise all of
22 the powers of that panel. Each panel shall adopt an official
23 seal which shall be judicially noticed. The salary of the
24 Chairman of the State Panel shall be $82,429 per year, or as
25 set by the Compensation Review Board, whichever is greater,
26 and that of the other members of the State and Local Panels
27 shall be $74,188 per year, or as set by the Compensation
28 Review Board, whichever is greater.
29 (d) Each member shall devote his or her entire time to
30 the duties of the office, and shall hold no other office or
31 position of profit, nor engage in any other business,
32 employment, or vocation. No member shall hold any other
33 public office or be employed as a labor or management
34 representative by the State or any political subdivision of
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1 the State or of any department or agency thereof, or actively
2 represent or act on behalf of an employer or an employee
3 organization or an employer in labor relations matters. Any
4 member of the State Panel may be removed from office by the
5 Governor for inefficiency, neglect of duty, misconduct or
6 malfeasance in office, and for no other cause, and only upon
7 notice and hearing. Any member of the Local Panel may be
8 removed from office by the applicable appointive authority
9 for inefficiency, neglect of duty, misconduct or malfeasance
10 in office, and for no other cause, and only upon notice and
11 hearing.
12 (e) Each panel at the end of every State fiscal year
13 shall make a report in writing to the Governor and the
14 General Assembly, stating in detail the work it has done in
15 hearing and deciding cases and otherwise.
16 (f) In order to accomplish the objectives and carry out
17 the duties prescribed by this Act, a panel or its authorized
18 designees may hold elections to determine whether a labor
19 organization has majority status; investigate and attempt to
20 resolve or settle charges of unfair labor practices; hold
21 hearings in order to carry out its functions; develop and
22 effectuate appropriate impasse resolution procedures for
23 purposes of resolving labor disputes; require the appearance
24 of witnesses and the production of evidence on any matter
25 under inquiry; and administer oaths and affirmations. The
26 panels shall sign and report in full an opinion in every case
27 which they decide.
28 (g) Each panel may appoint or employ an executive
29 director, attorneys, hearing officers, mediators,
30 fact-finders, arbitrators, and such other employees as it may
31 deem necessary to perform its functions. The governing
32 boards shall prescribe the duties and qualifications of such
33 persons appointed and, subject to the annual appropriation,
34 fix their compensation and provide for reimbursement of
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1 actual and necessary expenses incurred in the performance of
2 their duties.
3 (h) Each panel shall exercise general supervision over
4 all attorneys which it employs and over the other persons
5 employed to provide necessary support services for such
6 attorneys. The panels shall have final authority in respect
7 to complaints brought pursuant to this Act.
8 (i) The following rules and regulations shall be adopted
9 by the panels meeting in joint session: (1) procedural rules
10 and regulations which shall govern all Board proceedings; (2)
11 procedures for election of exclusive bargaining
12 representatives pursuant to Section 9, except for the
13 determination of appropriate bargaining units; and (3)
14 appointment of counsel pursuant to subsection (k) of this
15 Section.
16 (j) Rules and regulations may be adopted, amended or
17 rescinded only upon a vote of 5 of the members of the State
18 and Local Panels meeting in joint session. The adoption,
19 amendment or rescission of rules and regulations shall be in
20 conformity with the requirements of the Illinois
21 Administrative Procedure Act.
22 (k) The panels in joint session shall promulgate rules
23 and regulations providing for the appointment of attorneys or
24 other Board representatives to represent persons in unfair
25 labor practice proceedings before a panel. The regulations
26 governing appointment shall require the applicant to
27 demonstrate an inability to pay for or inability to otherwise
28 provide for adequate representation before a panel. Such
29 rules must also provide: (1) that an attorney may not be
30 appointed in cases which, in the opinion of a panel, are
31 clearly without merit; (2) the stage of the unfair labor
32 proceeding at which counsel will be appointed; and (3) the
33 circumstances under which a client will be allowed to select
34 counsel.
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1 (1) The panels in joint session may promulgate rules and
2 regulations which allow parties in proceedings before a panel
3 to be represented by counsel or any other representative of
4 the party's choice.
5 (m) The Chairman of the State Panel shall serve as
6 Chairman of a joint session of the panels. Attendance of at
7 least 2 members of the State Panel and at least one member of
8 the Local Panel, in addition to the Chairman, shall
9 constitute a quorum at a joint session. The panels shall
10 meet in joint session at least annually.
11 (Source: P.A. 91-798, eff. 7-9-00.)
12 Section 115-5. The Illinois Educational Labor Relations
13 Act is amended by changing Section 5 as follows:
14 (115 ILCS 5/5) (from Ch. 48, par. 1705)
15 Sec. 5. Illinois Educational Labor Relations Board.
16 (a) There is hereby created the Illinois Educational
17 Labor Relations Board.
18 (a-5) Until July 1, 2003 or when all of the new members
19 to be initially appointed under this amendatory Act of the
20 93rd General Assembly have been appointed by the Governor,
21 whichever occurs later, the Illinois Educational Labor
22 Relations Board shall consistconsisting of 7 members, no
23 more than 4 of whom may be of the same political party, who
24 are residents of Illinois appointed by the Governor with the
25 advice and consent of the Senate.
26 The term of each appointed member of the Board who is in
27 office on June 30, 2003 shall terminate at the close of
28 business on that date or when all of the new members to be
29 initially appointed under this amendatory Act of the 93rd
30 General Assembly have been appointed by the Governor,
31 whichever occurs later.
32 (b) Beginning on July 1, 2003 or when all of the new
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1 members to be initially appointed under this amendatory Act
2 of the 93rd General Assembly have been appointed by the
3 Governor, whichever occurs later, the Illinois Educational
4 Labor Relations Board shall consist of 5 members appointed by
5 the Governor with the advice and consent of the Senate. No
6 more than 3 members may be of the same political party.
7 The Governor shall appoint to the Board only persons who
8 are residents of Illinois and have had a minimum of 5 years
9 of experience directly related to labor and employment
10 relations in representing educational employers or
11 educational employees in collective bargaining matters. One
12 appointed member shall be designated at the time of his or
13 her appointment to serve as chairman.
14 Of the initial2 additional members appointed pursuant to
15 this amendatory Act of the 93rd General Assembly, 21997, one
16 shall be designated at the time of his or her appointment to
17 serve a term of 6 years, 2 shall be designated at the time of
18 appointment to serve a term of 4 years, and the other shall
19 be designated at the time of his or her appointment to serve
20 a term of 4 years, with each to serve until his or her
21 successor is appointed and qualified. In the event the
22 Senate is not in session at the time the 2 additional members
23 are appointed pursuant to this amendatory Act of 1997, the
24 Governor shall make those appointments as temporary
25 appointments until the next meeting of the Senate when he
26 shall appoint, by and with the advice and consent of the
27 Senate, 2 persons to fill those memberships for their
28 unexpired terms. The 2 additional members appointed pursuant
29 to this amendatory Act of the 91st General Assembly shall
30 each serve initial terms of 6 years.
31 (b) Each subsequent member shall be appointed in like
32 manner for a term of 6 years and until his or her successor
33 is appointed and qualified. Each member of the Board is
34 eligible for reappointment. Vacancies shall be filled in the
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1 same manner as original appointments for the balance of the
2 unexpired term.
3 (c) The chairman shall be paid $50,000 per year, or an
4 amount set by the Compensation Review Board, whichever is
5 greater. Other members of the Board shall each be paid
6 $45,000 per year, or an amount set by the Compensation Review
7 Board, whichever is greater. They shall be entitled to
8 reimbursement for necessary traveling and other official
9 expenditures necessitated by their official duties.
10 Each member shall devote his entire time to the duties of
11 the office, and shall hold no other office or position of
12 profit, nor engage in any other business, employment or
13 vocation.
14 (d) ThreeFour members of the Board constitute a quorum
15 and a vacancy on the Board does not impair the right of the
16 remaining members to exercise all of the powers of the Board.
17 (e) Any member of the Board may be removed by the
18 Governor, upon notice, for neglect of duty or malfeasance in
19 office, but for no other cause.
20 (f) The Board may appoint or employ an executive
21 director, attorneys, hearing officers, and such other
22 employees as it deems necessary to perform its functions.
23 The Board shall prescribe the duties and qualifications of
24 such persons appointed and, subject to the annual
25 appropriation, fix their compensation and provide for
26 reimbursement of actual and necessary expenses incurred in
27 the performance of their duties.
28 (g) The Board may promulgate rules and regulations which
29 allow parties in proceedings before the Board to be
30 represented by counsel or any other person knowledgeable in
31 the matters under consideration.
32 (h) To accomplish the objectives and to carry out the
33 duties prescribed by this Act, the Board may subpoena
34 witnesses, subpoena the production of books, papers, records
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1 and documents which may be needed as evidence on any matter
2 under inquiry and may administer oaths and affirmations.
3 In cases of neglect or refusal to obey a subpoena issued
4 to any person, the circuit court in the county in which the
5 investigation or the public hearing is taking place, upon
6 application by the Board, may issue an order requiring such
7 person to appear before the Board or any member or agent of
8 the Board to produce evidence or give testimony. A failure to
9 obey such order may be punished by the court as in civil
10 contempt.
11 Any subpoena, notice of hearing, or other process or
12 notice of the Board issued under the provisions of this Act
13 may be served personally, by registered mail or by leaving a
14 copy at the principal office of the respondent required to be
15 served. A return, made and verified by the individual making
16 such service and setting forth the manner of such service, is
17 proof of service. A post office receipt, when registered
18 mail is used, is proof of service. All process of any court
19 to which application may be made under the provisions of this
20 Act may be served in the county where the persons required to
21 be served reside or may be found.
22 (i) The Board shall adopt, promulgate, amend, or rescind
23 rules and regulations in accordance with the"The Illinois
24 Administrative Procedure Act", as now or hereafter amended,
25 as it deems necessary and feasible to carry out this Act.
26 (j) The Board at the end of every State fiscal year
27 shall make a report in writing to the Governor and the
28 General Assembly, stating in detail the work it has done in
29 hearing and deciding cases and otherwise.
30 (Source: P.A. 90-548, eff. 1-1-98; 91-798, eff. 7-9-00.)
31 Section 415-5. The Environmental Protection Act is
32 amended by changing Section 5 as follows:
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1 (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
2 Sec. 5. Pollution Control Board.
3 (a) There is hereby created an independent board to be
4 known as the Pollution Control Board., consisting
5 Until July 1, 2003 or when all of the new members to be
6 initially appointed under this amendatory Act of the 93rd
7 General Assembly have been appointed by the Governor,
8 whichever occurs later, the Board shall consist of 7
9 technically qualified members, no more than 4 of whom may be
10 of the same political party, to be appointed by the Governor
11 with the advice and consent of the Senate.
12 The term of each appointed member of the Board who is in
13 office on June 30, 2003 shall terminate at the close of
14 business on that date or when all of the new members to be
15 initially appointed under this amendatory Act of the 93rd
16 General Assembly have been appointed by the Governor,
17 whichever occurs later.
18 Beginning on July 1, 2003 or when all of the new members
19 to be initially appointed under this amendatory Act of the
20 93rd General Assembly have been appointed by the Governor,
21 whichever occurs later, the Board shall consist of 5
22 technically qualified members, no more than 3 of whom may be
23 of the same political party, to be appointed by the Governor
24 with the advice and consent of the Senate. Members shall
25 have verifiable technical, academic, or actual experience in
26 the field of pollution control or environmental law and
27 regulation.
28 Of the members initially appointed pursuant to this
29 amendatory Act of the 93rd General Assembly, one shall be
30 appointed for a term ending July 1, 2004, 2 shall be
31 appointed for terms ending July 1, 2005, and 2 shall be
32 appointed for terms ending July 1, 2006. Thereafter, all
33 members shall hold office for 3 years from the first day of
34 July in the year in which they were appointed, except in case
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1 of an appointment to fill a vacancy. In case of a vacancy in
2 the office when the Senate is not in session, the Governor
3 may make a temporary appointment until the next meeting of
4 the Senate, when he or she shall nominate some person to fill
5 such office; and any person so nominated, who is confirmed by
6 the Senate, shall hold the office during the remainder of the
7 term.
8 Members of the Board shall hold office until their
9 respective successors have been appointed and qualified. Any
10 member may resign from office, such resignation to take
11 effect when a successor has been appointed and has qualified.
12 Board members shall be paid $37,000 per year or an amount
13 set by the Compensation Review Board, whichever is greater,
14 and the Chairman shall be paid $43,000 per year or an amount
15 set by the Compensation Review Board, whichever is greater.
16 Each member shall devote his or her entire time to the duties
17 of the office, and shall hold no other office or position of
18 profit, nor engage in any other business, employment, or
19 vocation. Each member shall be reimbursed for expenses
20 necessarily incurred, shall devote full time to the
21 performance of his or her duties and shall make a financial
22 disclosure upon appointment.
23 Each Board member may employ one secretary and one
24 assistant, and the Chairman one secretary and 2 assistants.
25 The Board also may employ and compensate hearing officers to
26 preside at hearings under this Act, and such other personnel
27 as may be necessary. Hearing officers shall be attorneys
28 licensed to practice law in Illinois.
29 The Board may have an Executive Director; if so, the
30 Executive Director shall be appointed by the Governor with
31 the advice and consent of the Senate. The salary and duties
32 of the Executive Director shall be fixed by the Board.
33 The Governor shall designate one Board member to be
34 Chairman, who shall serve at the pleasure of the Governor.
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1 The Board shall hold at least one meeting each month and
2 such additional meetings as may be prescribed by Board rules.
3 In addition, special meetings may be called by the Chairman
4 or by any 2 Board members, upon delivery of 24 hours written
5 notice to the office of each member. All Board meetings
6 shall be open to the public, and public notice of all
7 meetings shall be given at least 24 hours in advance of each
8 meeting. In emergency situations in which a majority of the
9 Board certifies that exigencies of time require the
10 requirements of public notice and of 24 hour written notice
11 to members may be dispensed with, and Board members shall
12 receive such notice as is reasonable under the circumstances.
13 If there is no vacancy on the Board, 4 members of the
14 Board shall constitute a quorum to transact business;
15 otherwise, a majority of the Board shall constitute a quorum
16 to transact business, and no vacancy shall impair the right
17 of the remaining members to exercise all of the powers of the
18 Board. Every action approved by a majority of the members of
19 the Board shall be deemed to be the action of the Board.Four
20 members of the Board shall constitute a quorum, and 4 votes
21 shall be required for any final determination by the Board,
22 except in a proceeding to remove a seal under paragraph (d)
23 of Section 34 of this Act. The Board shall keep a complete
24 and accurate record of all its meetings.
25 (b) The Board shall determine, define and implement the
26 environmental control standards applicable in the State of
27 Illinois and may adopt rules and regulations in accordance
28 with Title VII of this Act.
29 (c) The Board shall have authority to act for the State
30 in regard to the adoption of standards for submission to the
31 United States under any federal law respecting environmental
32 protection. Such standards shall be adopted in accordance
33 with Title VII of the Act and upon adoption shall be
34 forwarded to the Environmental Protection Agency for
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1 submission to the United States pursuant to subsections (l)
2 and (m) of Section 4 of this Act. Nothing in this paragraph
3 shall limit the discretion of the Governor to delegate
4 authority granted to the Governor under any federal law.
5 (d) The Board shall have authority to conduct
6 proceedings upon complaints charging violations of this Act,
7 any rule or regulation adopted under this Act, or any permit
8 or term or condition of a permit; upon administrative
9 citations; upon petitions for variances or adjusted
10 standards; upon petitions for review of the Agency's final
11 determinations on permit applications in accordance with
12 Title X of this Act; upon petitions to remove seals under
13 Section 34 of this Act; and upon other petitions for review
14 of final determinations which are made pursuant to this Act
15 or Board rule and which involve a subject which the Board is
16 authorized to regulate. The Board may also conduct other
17 proceedings as may be provided by this Act or any other
18 statute or rule.
19 (e) In connection with any proceeding pursuant to
20 subsection (b) or (d) of this Section, the Board may subpoena
21 and compel the attendance of witnesses and the production of
22 evidence reasonably necessary to resolution of the matter
23 under consideration. The Board shall issue such subpoenas
24 upon the request of any party to a proceeding under
25 subsection (d) of this Section or upon its own motion.
26 (f) The Board may prescribe reasonable fees for permits
27 required pursuant to this Act. Such fees in the aggregate
28 may not exceed the total cost to the Agency for its
29 inspection and permit systems. The Board may not prescribe
30 any permit fees which are different in amount from those
31 established by this Act.
32 (Source: P.A. 92-574, eff. 6-26-02.)
33 Section 730-5. The Unified Code of Corrections is
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1 amended by changing Section 3-3-1 as follows:
2 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
3 Sec. 3-3-1. Establishment and Appointment of Prisoner
4 Review Board.
5 (a) There shall be a Prisoner Review Board independent
6 of the Department of Corrections which shall be:
7 (1) the paroling authority for persons sentenced
8 under the law in effect prior to the effective date of
9 this amendatory Act of 1977;
10 (2) the board of review for cases involving the
11 revocation of good conduct credits or a suspension or
12 reduction in the rate of accumulating such credit;
13 (3) the board of review and recommendation for the
14 exercise of executive clemency by the Governor;
15 (4) the authority for establishing release dates
16 for certain prisoners sentenced under the law in
17 existence prior to the effective date of this amendatory
18 Act of 1977, in accordance with Section 3-3-2.1 of this
19 Code;
20 (5) the authority for setting conditions for parole
21 and mandatory supervised release under Section 5-8-1(a)
22 of this Code, and determining whether a violation of
23 those conditions warrant revocation of parole or
24 mandatory supervised release or the imposition of other
25 sanctions.
26 (b) The Board shall consist of 15 persons appointed by
27 the Governor by and with the advice and consent of the
28 Senate. One member of the Board shall be designated by the
29 Governor to be Chairman and shall serve as Chairman at the
30 pleasure of the Governor. The members of the Board shall
31 have had at least 5 years of actual experience in the fields
32 of penology, corrections work, law enforcement, sociology,
33 law, education, social work, medicine, psychology, other
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1 behavioral sciences, or a combination thereof. At least 6
2 members so appointed must have had at least 3 years
3 experience in the field of juvenile matters. No more than 8
4 Board members may be members of the same political party.
5 Each member of the Board shall serve on a full-timefull
6 time basis and shall not hold any other salaried public
7 office, whether elective or appointive, nor any other office
8 or position of profit, nor engage in any other business,
9 employment, or vocation. The Chairman of the Board shall
10 receive $35,000 a year, or an amount set by the Compensation
11 Review Board, whichever is greater, and each other member
12 $30,000, or an amount set by the Compensation Review Board,
13 whichever is greater.
14 (c) Notwithstanding any other provision of this Section,
15 the term of each member of the Board who was appointed by the
16 Governor and is in office on June 30, 2003 shall terminate at
17 the close of business on that date or when all of the
18 successor members to be appointed pursuant to this amendatory
19 Act of the 93rd General Assembly have been appointed by the
20 Governor, whichever occurs later. As soon as possible, the
21 Governor shall appoint persons to fill the vacancies created
22 by this amendatory Act.
23 The terms of the present members of the Prisoner Review
24 Board shall expire on the effective date of this amendatory
25 Act of 1985, but the incumbent members shall continue to
26 exercise all of the powers and be subject to all the duties
27 of members of the Board until their respective successors are
28 appointed and qualified.
29 Of the initial members appointed under this amendatory
30 Act of the 93rd General Assembly, the Governor shall appoint
31 5 members3 membersto the Prisoner Review Board whose terms
32 shall expire on the third Monday in January 2005, 51987, 4
33 members whose terms shall expire on the third Monday in
34 January 2007, and 51989, and 3 members whose terms shall
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1 expire on the third Monday in January 2009.1991. The term
2 of one of the members created by this amendatory Act of 1986
3 shall expire on the third Monday in January 1989 and the term
4 of the other shall expire on the third Monday in January
5 1991. The initial terms of the 3 additional members
6 appointed pursuant to this amendatory Act of the 91st General
7 Assembly shall expire on the third Monday in January 2006.
8 Their respective successors shall be appointed for terms of 6
9 years from the third Monday in January of the year of
10 appointment. Each member shall serve until his successor is
11 appointed and qualified.
12 Any member may be removed by the Governor for
13 incompetence, neglect of duty, malfeasance or inability to
14 serve.
15 (d) The Chairman of the Board shall be its chief
16 executive and administrative officer. The Board may have an
17 Executive Director; if so, the Executive Director shall be
18 appointed by the Governor with the advice and consent of the
19 Senate. The salary and duties of the Executive Director
20 shall be fixed by the Board.
21 (Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)
22 Section 820-305. The Workers' Compensation Act is
23 amended by changing Section 13 as follows:
24 (820 ILCS 305/13) (from Ch. 48, par. 138.13)
25 Sec. 13. There is created an Industrial Commission
26 consisting of 7 members to be appointed by the Governor, by
27 and with the consent of the Senate, 2 of whom shall be
28 representative citizens of the employing class operating
29 under this Act and 2 of whom shall be representative citizens
30 of the class of employees covered under this Act, and 3 of
31 whom shall be representative citizens not identified with
32 either the employing or employee classes. Not more than 4
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1 members of the Commission shall be of the same political
2 party.
3 One of the 3 members not identified with either the
4 employing or employee classes shall be designated by the
5 Governor as Chairman. The Chairman shall be the chief
6 administrative and executive officer of the Commission; and
7 he or she shall have general supervisory authority over all
8 personnel of the Commission, including arbitrators and
9 Commissioners, and the final authority in all administrative
10 matters relating to the Commissioners, including but not
11 limited to the assignment and distribution of cases and
12 assignment of Commissioners to the panels, except in the
13 promulgation of procedural rules and orders under Section 16
14 and in the determination of cases under this Act.
15 Notwithstanding the general supervisory authority of the
16 Chairman, each Commissioner, except those assigned to the
17 temporary panel, shall have the authority to hire and
18 supervise 2 staff attorneys each. Such staff attorneys shall
19 report directly to the individual Commissioner.
20 A formal training program for newly-appointed
21 Commissioners shall be implemented. The training program
22 shall include the following:
23 (a) substantive and procedural aspects of the
24 office of Commissioner;
25 (b) current issues in workers' compensation law and
26 practice;
27 (c) medical lectures by specialists in areas such
28 as orthopedics, ophthalmology, psychiatry, rehabilitation
29 counseling;
30 (d) orientation to each operational unit of the
31 Industrial Commission;
32 (e) observation of experienced arbitrators and
33 Commissioners conducting hearings of cases, combined with
34 the opportunity to discuss evidence presented and rulings
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1 made;
2 (f) the use of hypothetical cases requiring the
3 newly-appointed Commissioner to issue judgments as a
4 means to evaluating knowledge and writing ability;
5 (g) writing skills.
6 A formal and ongoing professional development program
7 including, but not limited to, the above-noted areas shall be
8 implemented to keep Commissioners informed of recent
9 developments and issues and to assist them in maintaining and
10 enhancing their professional competence.
11 The Commissioner candidates, other than the Chairman,
12 must meet one of the following qualifications: (a) licensed
13 to practice law in the State of Illinois; or (b) served as an
14 arbitrator at the Illinois Industrial Commission for at least
15 3 years; or (c) has at least 4 years of professional labor
16 relations experience. The Chairman candidate must have
17 public or private sector management and budget experience, as
18 determined by the Governor.
19 Each Commissioner shall devote full time to his duties
20 and any Commissioner who is an attorney-at-law shall not
21 engage in the practice of law, nor shall any Commissioner
22 hold any other office or position of profit under the United
23 States or this State or any municipal corporation or
24 political subdivision of this State, nor engage in any other
25 business, employment, or vocation.
26 The term of office of each member of the Commission
27 holding office on the effective date of this amendatory Act
28 of 1989 is abolished, but the incumbents shall continue to
29 exercise all of the powers and be subject to all of the
30 duties of Commissioners until their respective successors are
31 appointed and qualified.
32 The Industrial Commission shall administer this Act.
33 The members shall be appointed by the Governor, with the
34 advice and consent of the Senate, as follows:
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1 (a) After the effective date of this amendatory Act
2 of 1989, 3 members, at least one of each political party,
3 and one of whom shall be a representative citizen of the
4 employing class operating under this Act, one of whom
5 shall be a representative citizen of the class of
6 employees covered under this Act, and one of whom shall
7 be a representative citizen not identified with either
8 the employing or employee classes, shall be appointed to
9 hold office until the third Monday in January of 1993,
10 and until their successors are appointed and qualified,
11 and 4 members, one of whom shall be a representative
12 citizen of the employing class operating under this Act,
13 one of whom shall be a representative citizen of the
14 class of employees covered in this Act, and two of whom
15 shall be representative citizens not identified with
16 either the employing or employee classes, one of whom
17 shall be designated by the Governor as Chairman (at least
18 one of each of the two major political parties) shall be
19 appointed to hold office until the third Monday of
20 January in 1991, and until their successors are appointed
21 and qualified.
22 (a-5) Notwithstanding any other provision of this
23 Section, the term of each member of the Commission who
24 was appointed by the Governor and is in office on June
25 30, 2003 shall terminate at the close of business on that
26 date or when all of the successor members to be appointed
27 pursuant to this amendatory Act of the 93rd General
28 Assembly have been appointed by the Governor, whichever
29 occurs later. As soon as possible, the Governor shall
30 appoint persons to fill the vacancies created by this
31 amendatory Act. Of the initial commissioners appointed
32 pursuant to this amendatory Act of the 93rd General
33 Assembly, 3 shall be appointed for terms ending on the
34 third Monday in January, 2005, and 4 shall be appointed
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1 for terms ending on the third Monday in January, 2007.
2 (b) Members shall thereafter be appointed to hold
3 office for terms of 4 years from the third Monday in
4 January of the year of their appointment, and until their
5 successors are appointed and qualified. All such
6 appointments shall be made so that the composition of the
7 Commission is in accordance with the provisions of the
8 first paragraph of this Section.
9 The Chairman shall receive an annual salary of $42,500,
10 or a salary set by the Compensation Review Board, whichever
11 is greater, and each other member shall receive an annual
12 salary of $38,000, or a salary set by the Compensation Review
13 Board, whichever is greater.
14 In case of a vacancy in the office of a Commissioner
15 during the recess of the Senate, the Governor shall make a
16 temporary appointment until the next meeting of the Senate,
17 when he shall nominate some person to fill such office. Any
18 person so nominated who is confirmed by the Senate shall hold
19 office during the remainder of the term and until his
20 successor is appointed and qualified.
21 The Industrial Commission created by this amendatory Act
22 of 1989 shall succeed to all the rights, powers, duties,
23 obligations, records and other property and employees of the
24 Industrial Commission which it replaces as modified by this
25 amendatory Act of 1989 and all applications and reports to
26 actions and proceedings of such prior Industrial Commission
27 shall be considered as applications and reports to actions
28 and proceedings of the Industrial Commission created by this
29 amendatory Act of 1989.
30 Notwithstanding any other provision of this Act, in the
31 event the Chairman shall make a finding that a member is or
32 will be unavailable to fulfill the responsibilities of his or
33 her office, the Chairman shall advise the Governor and the
34 member in writing and shall designate a certified arbitrator
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1 to serve as acting Commissioner. The certified arbitrator
2 shall act as a Commissioner until the member resumes the
3 duties of his or her office or until a new member is
4 appointed by the Governor, by and with the consent of the
5 Senate, if a vacancy occurs in the office of the
6 Commissioner, but in no event shall a certified arbitrator
7 serve in the capacity of Commissioner for more than 6 months
8 from the date of appointment by the Chairman. A finding by
9 the Chairman that a member is or will be unavailable to
10 fulfill the responsibilities of his or her office shall be
11 based upon notice to the Chairman by a member that he or she
12 will be unavailable or facts and circumstances made known to
13 the Chairman which lead him to reasonably find that a member
14 is unavailable to fulfill the responsibilities of his or her
15 office. The designation of a certified arbitrator to act as
16 a Commissioner shall be considered representative of citizens
17 not identified with either the employing or employee classes
18 and the arbitrator shall serve regardless of his or her
19 political affiliation. A certified arbitrator who serves as
20 an acting Commissioner shall have all the rights and powers
21 of a Commissioner, including salary.
22 Notwithstanding any other provision of this Act, the
23 Governor shall appoint a special panel of Commissioners
24 comprised of 3 members who shall be chosen by the Governor,
25 by and with the consent of the Senate, from among the current
26 ranks of certified arbitrators. Three members shall hold
27 office until the Commission in consultation with the Governor
28 determines that the caseload on review has been reduced
29 sufficiently to allow cases to proceed in a timely manner or
30 for a term of 18 months from the effective date of their
31 appointment by the Governor, whichever shall be earlier. The
32 3 members shall be considered representative of citizens not
33 identified with either the employing or employee classes and
34 shall serve regardless of political affiliation. Each of the
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1 3 members shall have only such rights and powers of a
2 Commissioner necessary to dispose of those cases assigned to
3 the special panel. Each of the 3 members appointed to the
4 special panel shall receive the same salary as other
5 Commissioners for the duration of the panel.
6 The Commission may have an Executive Director; if so, the
7 Executive Director shall be appointed by the Governor with
8 the advice and consent of the Senate. The salary and duties
9 of the Executive Director shall be fixed by the Commission.
10 (Source: P.A. 86-998; 86-1405.)
11 Section 999-85. Severability. The provisions of this
12 Act are severable under Section 1.31 of the Statute on
13 Statutes.
14 Section 999-99. Effective date. This Act takes effect
15 upon becoming law.".
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