Full Text of SB0652 96th General Assembly
SB0652 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0652
Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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115 ILCS 5/5 |
from Ch. 48, par. 1705 |
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Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning the Illinois Educational Labor Relations
Board.
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A BILL FOR
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SB0652 |
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LRB096 06709 NHT 16793 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Educational Labor Relations Act is | 5 |
| amended by changing Section 5 as follows:
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| (115 ILCS 5/5) (from Ch. 48, par. 1705)
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| Sec. 5. Illinois Educational Labor Relations Board.
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| (a) There is hereby created the
the Illinois Educational | 9 |
| Labor Relations
Board. | 10 |
| (a-5) Until July 1, 2003 or when all of the new members to | 11 |
| be initially
appointed under this amendatory Act of the 93rd | 12 |
| General Assembly have been
appointed by the Governor, whichever | 13 |
| occurs later, the Illinois Educational
Labor Relations Board | 14 |
| shall consist of 7 members, no more
than 4 of whom may be of the | 15 |
| same political party, who are residents of
Illinois appointed | 16 |
| by the Governor with the advice and consent of the Senate.
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| The term of each appointed member of the Board
who is in | 18 |
| office on June 30, 2003 shall terminate at the close of | 19 |
| business
on that date or when all of the new members to be | 20 |
| initially appointed under
this amendatory Act of the 93rd | 21 |
| General Assembly have been appointed by the
Governor, whichever | 22 |
| occurs later.
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| (b) Beginning on July 1, 2003 or when all of the new |
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| members to be
initially appointed under this amendatory Act of | 2 |
| the 93rd General Assembly
have been appointed by the Governor, | 3 |
| whichever occurs later, the Illinois
Educational Labor | 4 |
| Relations Board shall consist of 5 members appointed by
the | 5 |
| Governor with the advice and consent of the Senate. No more | 6 |
| than 3
members may be of the same political party.
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| The Governor shall appoint to the Board only persons who | 8 |
| are residents of
Illinois and have had a minimum of 5 years of | 9 |
| experience directly related
to labor and employment relations | 10 |
| in representing educational employers or
educational employees | 11 |
| in collective bargaining matters. One appointed member
shall be | 12 |
| designated at the time of his or her appointment to serve as | 13 |
| chairman.
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| Of the initial members appointed pursuant to this
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| amendatory Act of the 93rd General Assembly, 2 shall be
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| designated at the time of appointment to serve a term of 6
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| years, 2 shall be designated at the time of appointment to | 18 |
| serve a term
of 4 years, and the other shall be designated at | 19 |
| the time of his or her
appointment to serve a term of 4 years, | 20 |
| with each to serve until his or her
successor is appointed and | 21 |
| qualified.
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| Each subsequent member shall be appointed in like manner | 23 |
| for a term
of 6 years and until his or her successor is | 24 |
| appointed and qualified. Each
member of the Board is eligible | 25 |
| for reappointment. Vacancies shall be filled
in the same manner | 26 |
| as original appointments for the balance of the unexpired
term.
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| (c) The chairman shall be paid $50,000 per year, or an | 2 |
| amount set by
the Compensation Review Board, whichever is | 3 |
| greater. Other members of
the Board shall each be paid $45,000 | 4 |
| per year, or an amount set by the
Compensation Review Board, | 5 |
| whichever is greater. They shall be entitled
to reimbursement | 6 |
| for necessary traveling and other official expenditures
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| necessitated by their official duties.
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| Each member shall devote his entire time to the duties of | 9 |
| the office,
and shall hold no other office or position of | 10 |
| profit, nor engage in any
other business, employment or | 11 |
| vocation.
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| (d) Three members of the Board constitute a quorum and a
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| vacancy on the Board does not impair the right of the remaining | 14 |
| members to
exercise all of the powers of the Board.
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| (e) Any member of the Board may be removed by the Governor, | 16 |
| upon notice,
for neglect of duty or malfeasance in office, but | 17 |
| for no other cause.
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| (f) The Board may appoint or employ an executive director, | 19 |
| attorneys,
hearing officers, and such other employees as it | 20 |
| deems necessary to perform
its functions. The Board shall | 21 |
| prescribe the duties and qualifications of
such persons | 22 |
| appointed and, subject to the annual appropriation, fix their
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| compensation and provide for reimbursement of actual and | 24 |
| necessary expenses
incurred in the performance of their duties.
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| (g) The Board may promulgate rules and regulations which | 26 |
| allow parties
in proceedings before the Board to be represented |
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| by counsel or any other
person knowledgeable in the matters | 2 |
| under consideration.
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| (h) To accomplish the objectives and to carry out the | 4 |
| duties prescribed
by this Act, the Board may subpoena | 5 |
| witnesses, subpoena the production of
books, papers, records | 6 |
| and documents which may be needed as evidence on
any matter | 7 |
| under inquiry and may administer oaths and affirmations.
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| In cases of neglect or refusal to obey a subpoena issued to | 9 |
| any person,
the circuit court in the county in which the | 10 |
| investigation or the public
hearing is taking place, upon | 11 |
| application by the Board, may issue an order
requiring such | 12 |
| person to appear before the Board or any member or agent
of the | 13 |
| Board to produce evidence or give testimony. A failure to obey | 14 |
| such
order may be punished by the court as in civil contempt.
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| Any subpoena, notice of hearing, or other process or notice | 16 |
| of the Board
issued under the provisions of this Act may be | 17 |
| served personally, by
registered mail or by leaving a copy at | 18 |
| the principal office of the respondent
required to be served. A | 19 |
| return, made and verified by the individual making
such service | 20 |
| and setting forth the manner of such service, is proof of
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| service.
A post office receipt, when registered mail is used, | 22 |
| is proof of service.
All process of any court to which | 23 |
| application may be made under the provisions
of this Act may be | 24 |
| served in the county where the persons required to be
served | 25 |
| reside or may be found.
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| (i) The Board shall adopt, promulgate, amend, or rescind |
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| rules and
regulations in accordance with the Illinois | 2 |
| Administrative
Procedure Act as it deems necessary and
feasible | 3 |
| to carry out this Act.
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| (j) The Board at the end of every State fiscal year shall | 5 |
| make a report in
writing to the Governor and the General | 6 |
| Assembly, stating in detail the work
it has done in hearing and | 7 |
| deciding cases and otherwise.
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| (Source: P.A. 93-509, eff. 8-11-03.)
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