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Full Text of HB2301  101st General Assembly

HB2301sam002 101ST GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 5/21/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2301

2    AMENDMENT NO. ______. Amend House Bill 2301, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, on page 5, line 18, after "8.3,", by inserting "13,"; and
 
5on page 26, immediately below line 21, by inserting the
6following:
 
7    "(820 ILCS 305/13)  (from Ch. 48, par. 138.13)
8    Sec. 13. There is created an Illinois Workers' Compensation
9Commission consisting of 10 members to be appointed by the
10Governor, by and with the consent of the Senate, 3 of whom
11shall be representative citizens of the employing class
12operating under this Act and 3 of whom shall be from a labor
13organization recognized under the National Labor Relations Act
14or an attorney who has represented labor organizations or has
15represented employees in workers' compensation cases,
16representative citizens of the class of employees covered under

 

 

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1this Act, and 4 of whom shall be representative citizens not
2identified with either the employing or employee classes. Not
3more than 6 members of the Commission shall be of the same
4political party.
5    One of the members not identified with either the employing
6or employee classes shall be designated by the Governor as
7Chairman. The Chairman shall be the chief administrative and
8executive officer of the Commission; and he or she shall have
9general supervisory authority over all personnel of the
10Commission, including arbitrators and Commissioners, and the
11final authority in all administrative matters relating to the
12Commissioners, including but not limited to the assignment and
13distribution of cases and assignment of Commissioners to the
14panels, except in the promulgation of procedural rules and
15orders under Section 16 and in the determination of cases under
16this Act.
17    Notwithstanding the general supervisory authority of the
18Chairman, each Commissioner, except those assigned to the
19temporary panel, shall have the authority to hire and supervise
202 staff attorneys each. Such staff attorneys shall report
21directly to the individual Commissioner.
22    A formal training program for newly-appointed
23Commissioners shall be implemented. The training program shall
24include the following:
25        (a) substantive and procedural aspects of the office of
26    Commissioner;

 

 

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1        (b) current issues in workers' compensation law and
2    practice;
3        (c) medical lectures by specialists in areas such as
4    orthopedics, ophthalmology, psychiatry, rehabilitation
5    counseling;
6        (d) orientation to each operational unit of the
7    Illinois Workers' Compensation Commission;
8        (e) observation of experienced arbitrators and
9    Commissioners conducting hearings of cases, combined with
10    the opportunity to discuss evidence presented and rulings
11    made;
12        (f) the use of hypothetical cases requiring the
13    newly-appointed Commissioner to issue judgments as a means
14    to evaluating knowledge and writing ability;
15        (g) writing skills;
16        (h) professional and ethical standards pursuant to
17    Section 1.1 of this Act;
18        (i) detection of workers' compensation fraud and
19    reporting obligations of Commission employees and
20    appointees;
21        (j) standards of evidence-based medical treatment and
22    best practices for measuring and improving quality and
23    health care outcomes in the workers' compensation system,
24    including but not limited to the use of the American
25    Medical Association's "Guides to the Evaluation of
26    Permanent Impairment" and the practice of utilization

 

 

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1    review; and
2        (k) substantive and procedural aspects of coal
3    workers' pneumoconiosis (black lung) cases.
4    A formal and ongoing professional development program
5including, but not limited to, the above-noted areas shall be
6implemented to keep Commissioners informed of recent
7developments and issues and to assist them in maintaining and
8enhancing their professional competence. Each Commissioner
9shall complete 20 hours of training in the above-noted areas
10during every 2 years such Commissioner shall remain in office.
11    The Commissioner candidates, other than the Chairman, must
12meet one of the following qualifications: (a) licensed to
13practice law in the State of Illinois; or (b) served as an
14arbitrator at the Illinois Workers' Compensation Commission
15for at least 3 years; or (c) has at least 4 years of
16professional labor relations experience. The Chairman
17candidate must have public or private sector management and
18budget experience, as determined by the Governor.
19    Each Commissioner shall devote full time to his duties and
20any Commissioner who is an attorney-at-law shall not engage in
21the practice of law, nor shall any Commissioner hold any other
22office or position of profit under the United States or this
23State or any municipal corporation or political subdivision of
24this State, nor engage in any other business, employment, or
25vocation.
26    The term of office of each member of the Commission holding

 

 

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1office on the effective date of this amendatory Act of 1989 is
2abolished, but the incumbents shall continue to exercise all of
3the powers and be subject to all of the duties of Commissioners
4until their respective successors are appointed and qualified.
5    The Illinois Workers' Compensation Commission shall
6administer this Act.
7    In the promulgation of procedural rules, the determination
8of cases heard en banc, and other matters determined by the
9full Commission, the Chairman's vote shall break a tie in the
10event of a tie vote.
11    The members shall be appointed by the Governor, with the
12advice and consent of the Senate, as follows:
13        (a) After the effective date of this amendatory Act of
14    1989, 3 members, at least one of each political party, and
15    one of whom shall be a representative citizen of the
16    employing class operating under this Act, one of whom shall
17    be a representative citizen of the class of employees
18    covered under this Act, and one of whom shall be a
19    representative citizen not identified with either the
20    employing or employee classes, shall be appointed to hold
21    office until the third Monday in January of 1993, and until
22    their successors are appointed and qualified, and 4
23    members, one of whom shall be a representative citizen of
24    the employing class operating under this Act, one of whom
25    shall be a representative citizen of the class of employees
26    covered in this Act, and two of whom shall be

 

 

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1    representative citizens not identified with either the
2    employing or employee classes, one of whom shall be
3    designated by the Governor as Chairman (at least one of
4    each of the two major political parties) shall be appointed
5    to hold office until the third Monday of January in 1991,
6    and until their successors are appointed and qualified.
7        (a-5) Notwithstanding any other provision of this
8    Section, the term of each member of the Commission who was
9    appointed by the Governor and is in office on June 30, 2003
10    shall terminate at the close of business on that date or
11    when all of the successor members to be appointed pursuant
12    to this amendatory Act of the 93rd General Assembly have
13    been appointed by the Governor, whichever occurs later. As
14    soon as possible, the Governor shall appoint persons to
15    fill the vacancies created by this amendatory Act. Of the
16    initial commissioners appointed pursuant to this
17    amendatory Act of the 93rd General Assembly, 3 shall be
18    appointed for terms ending on the third Monday in January,
19    2005, and 4 shall be appointed for terms ending on the
20    third Monday in January, 2007.
21        (a-10) After the effective date of this amendatory Act
22    of the 94th General Assembly, the Commission shall be
23    increased to 10 members. As soon as possible after the
24    effective date of this amendatory Act of the 94th General
25    Assembly, the Governor shall appoint, by and with the
26    consent of the Senate, the 3 members added to the

 

 

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1    Commission under this amendatory Act of the 94th General
2    Assembly, one of whom shall be a representative citizen of
3    the employing class operating under this Act, one of whom
4    shall be a representative of the class of employees covered
5    under this Act, and one of whom shall be a representative
6    citizen not identified with either the employing or
7    employee classes. Of the members appointed under this
8    amendatory Act of the 94th General Assembly, one shall be
9    appointed for a term ending on the third Monday in January,
10    2007, and 2 shall be appointed for terms ending on the
11    third Monday in January, 2009, and until their successors
12    are appointed and qualified.
13        (b) Members shall thereafter be appointed to hold
14    office for terms of 4 years from the third Monday in
15    January of the year of their appointment, and until their
16    successors are appointed and qualified. All such
17    appointments shall be made so that the composition of the
18    Commission is in accordance with the provisions of the
19    first paragraph of this Section.
20    The Chairman shall receive an annual salary of $42,500, or
21a salary set by the Compensation Review Board, whichever is
22greater, and each other member shall receive an annual salary
23of $38,000, or a salary set by the Compensation Review Board,
24whichever is greater.
25    In case of a vacancy in the office of a Commissioner during
26the recess of the Senate, the Governor shall make a temporary

 

 

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1appointment until the next meeting of the Senate, when he shall
2nominate some person to fill such office. Any person so
3nominated who is confirmed by the Senate shall hold office
4during the remainder of the term and until his successor is
5appointed and qualified.
6    The Illinois Workers' Compensation Commission created by
7this amendatory Act of 1989 shall succeed to all the rights,
8powers, duties, obligations, records and other property and
9employees of the Industrial Commission which it replaces as
10modified by this amendatory Act of 1989 and all applications
11and reports to actions and proceedings of such prior Industrial
12Commission shall be considered as applications and reports to
13actions and proceedings of the Illinois Workers' Compensation
14Commission created by this amendatory Act of 1989.
15    Notwithstanding any other provision of this Act, in the
16event the Chairman shall make a finding that a member is or
17will be unavailable to fulfill the responsibilities of his or
18her office, the Chairman shall advise the Governor and the
19member in writing and shall designate a certified arbitrator to
20serve as acting Commissioner. The certified arbitrator shall
21act as a Commissioner until the member resumes the duties of
22his or her office or until a new member is appointed by the
23Governor, by and with the consent of the Senate, if a vacancy
24occurs in the office of the Commissioner, but in no event shall
25a certified arbitrator serve in the capacity of Commissioner
26for more than 6 months from the date of appointment by the

 

 

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

 

 

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1members shall have only such rights and powers of a
2Commissioner necessary to dispose of those cases assigned to
3the special panel. Each of the 3 members appointed to the
4special panel shall receive the same salary as other
5Commissioners for the duration of the panel.
6    The Commission may have an Executive Director; if so, the
7Executive Director shall be appointed by the Governor with the
8advice and consent of the Senate. The salary and duties of the
9Executive Director shall be fixed by the Commission.
10    On the effective date of this amendatory Act of the 93rd
11General Assembly, the name of the Industrial Commission is
12changed to the Illinois Workers' Compensation Commission.
13References in any law, appropriation, rule, form, or other
14document: (i) to the Industrial Commission are deemed, in
15appropriate contexts, to be references to the Illinois Workers'
16Compensation Commission for all purposes; (ii) to the
17Industrial Commission Operations Fund are deemed, in
18appropriate contexts, to be references to the Illinois Workers'
19Compensation Commission Operations Fund for all purposes;
20(iii) to the Industrial Commission Operations Fund Fee are
21deemed, in appropriate contexts, to be references to the
22Illinois Workers' Compensation Commission Operations Fund Fee
23for all purposes; and (iv) to the Industrial Commission
24Operations Fund Surcharge are deemed, in appropriate contexts,
25to be references to the Illinois Workers' Compensation
26Commission Operations Fund Surcharge for all purposes.

 

 

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1(Source: P.A. 97-18, eff. 6-28-11.)".