Full Text of HB1084 97th General Assembly
HB1084enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Section 3A-40 as follows: | 6 | | (5 ILCS 420/3A-40) | 7 | | Sec. 3A-40. Appointees with expired terms; temporary and | 8 | | acting appointees. | 9 | | (a) A person who is nominated by the Governor on or after | 10 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 11 | | amendatory Act of the 97th General Assembly for any affected | 12 | | office to which appointment requires the advice and consent of | 13 | | the Senate, who is appointed pursuant to that advice and | 14 | | consent, and whose term of office expires on or after August | 15 | | 26, 2011 shall not continue in office longer than 60 calendar | 16 | | days after the expiration of that term of office. After that | 17 | | 60th day, each such office is considered vacant and shall be | 18 | | filled only pursuant to the law applicable to making | 19 | | appointments to that office, subject to the provisions of this
| 20 | | Section. | 21 | | A person who has been nominated by the Governor before | 22 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 23 | | amendatory Act of the 97th General Assembly for any affected |
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| 1 | | office to which appointment requires the advice and consent of | 2 | | the Senate, who has been appointed pursuant to that advice and | 3 | | consent, and whose term of office has expired before that | 4 | | effective date shall not continue in office longer than 60 | 5 | | calendar days after the date upon which his or her term of | 6 | | office has expired that effective date . After that 60 days, | 7 | | each such office is considered vacant and shall be filled only | 8 | | pursuant to the law applicable to making appointments to that | 9 | | office, subject to the provisions of this Section. If the term | 10 | | of office of a person who is subject to this paragraph expires | 11 | | more than 60 calendar days prior to the effective date of this | 12 | | amendatory Act of the 97th General Assembly, then that office | 13 | | is considered vacant on the effective date of this amendatory | 14 | | Act of the 97th General Assembly, and that vacancy shall be | 15 | | filled only pursuant to the law applicable to making | 16 | | appointments to that office. For the purposes of this | 17 | | subsection (a), "affected office" means (i) an office in which | 18 | | one receives any form of compensation, including salary or per | 19 | | diem, but not including expense reimbursement, or (ii) | 20 | | membership on the board of trustees of a public university. | 21 | | (b) A person who is appointed by the Governor on or after | 22 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 23 | | amendatory Act of the 97th General Assembly to serve as a | 24 | | temporary appointee, pursuant to Article V, Section 9(b) of the | 25 | | Illinois Constitution or any other applicable statute, to any | 26 | | office to which appointment requires the advice and consent of |
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| 1 | | the Senate shall not continue in office after the next meeting | 2 | | of the Senate unless the Governor has filed a message with the | 3 | | Secretary of the Senate nominating that person to fill that | 4 | | office on or before that meeting date. After that meeting date, | 5 | | each such office is considered vacant and shall be filled only | 6 | | pursuant to the law applicable to making appointments to that | 7 | | office, subject to the provisions of this
Section. | 8 | | A person who has been appointed by the Governor before | 9 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 10 | | amendatory Act of the 97th General Assembly to serve as a | 11 | | temporary appointee, pursuant to Article V, Section 9(b) of the | 12 | | Illinois Constitution or any other applicable statute, to any | 13 | | office to which appointment requires the advice and consent of | 14 | | the Senate shall not continue in office after August 26, 2011 | 15 | | that effective date or the next meeting of the Senate after | 16 | | August 26, 2011 that effective date , as applicable, unless the | 17 | | Governor has filed a message with the Secretary of the Senate | 18 | | nominating that person to fill that office on or before the | 19 | | next meeting of the Senate after that temporary appointment was | 20 | | made. After that effective date or meeting date, as applicable, | 21 | | each such office is considered vacant and shall be filled only | 22 | | pursuant to the law applicable to making appointments to that | 23 | | office, subject to the provisions of this Section. | 24 | | For the purposes of this subsection (b), a meeting of the | 25 | | Senate does not include a perfunctory session day as designated | 26 | | by the Senate under its rules. |
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| 1 | | (c) A person who is designated by the Governor on or after | 2 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 3 | | amendatory Act of the 97th General Assembly to serve as an | 4 | | acting appointee to any office to which appointment requires | 5 | | the advice and consent of the Senate shall not continue in | 6 | | office more than 60 calendar days unless the Governor files a | 7 | | message with the Secretary of the Senate nominating that person | 8 | | to fill that office within that 60 days. After that 60 days, | 9 | | each such office is considered vacant and shall be filled only | 10 | | pursuant to the law applicable to making appointments to that | 11 | | office, subject to the provisions of this
Section. No person | 12 | | who has been designated by the Governor to serve as an acting | 13 | | appointee to any office to which appointment requires the | 14 | | advice and consent of the Senate shall, except at the Senate's | 15 | | request, be designated again as an acting appointee for that | 16 | | office at the same session of that Senate, subject to the | 17 | | provisions of this Section. | 18 | | A person who has been designated by the Governor before | 19 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 20 | | amendatory Act of the 97th General Assembly to serve as an | 21 | | acting appointee to any office to which appointment requires | 22 | | the advice and consent of the Senate shall not continue in | 23 | | office longer than 60 calendar days after August 26, 2011 that | 24 | | effective date unless the Governor has filed a message with the | 25 | | Secretary of the Senate nominating that person to fill that | 26 | | office on or before that 60 days. After that 60 days, each such |
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| 1 | | office is considered vacant and shall be filled only pursuant | 2 | | to the law applicable to making appointments to that office, | 3 | | subject to the provisions of this Section. No person who has | 4 | | been designated by the Governor to serve as an acting appointee | 5 | | to any office to which appointment requires the advice and | 6 | | consent of the Senate shall, except at the Senate's request, be | 7 | | designated again as an acting appointee for that office at the | 8 | | same session of that Senate, subject to the provisions of this | 9 | | Section. | 10 | | During the term of a General Assembly, the Governor may not | 11 | | designate a person to serve as an acting appointee to any | 12 | | office to which appointment requires the advice and consent of | 13 | | the Senate if that person's nomination to serve as the | 14 | | appointee for the same office was rejected by the Senate of the | 15 | | same General Assembly. | 16 | | For the purposes of this subsection (c), "acting appointee" | 17 | | means a person designated by the Governor to serve as an acting | 18 | | director or acting secretary pursuant to Section 5-605 of the | 19 | | Civil Administrative Code of Illinois. "Acting appointee" also | 20 | | means a person designated by the Governor pursuant to any other | 21 | | statute to serve as an acting holder of any office, to execute | 22 | | the duties and functions of any office, or both. | 23 | | (d) The provisions of this Section apply notwithstanding | 24 | | any law to the contrary. However, the provisions of this | 25 | | Section do not apply to appointments made under Article 1A of | 26 | | the Election Code or to the appointment of any person to serve |
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| 1 | | as Director of the Illinois Power Agency.
| 2 | | (Source: P.A. 97-582, eff. 8-26-11.) | 3 | | Section 10. The Workers' Compensation Act is amended by | 4 | | changing Section 14 as follows:
| 5 | | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| 6 | | Sec. 14. The Commission shall appoint a secretary, an | 7 | | assistant
secretary, and arbitrators and shall employ such
| 8 | | assistants and clerical help as may be necessary. Arbitrators | 9 | | shall be appointed pursuant to this Section, notwithstanding | 10 | | any provision of the Personnel Code.
| 11 | | Each arbitrator appointed after November 22, 1977 shall be | 12 | | required
to demonstrate in writing and in accordance with
the | 13 | | rules and regulations of the Illinois Department of Central | 14 | | Management
Services his or
her knowledge of and expertise in | 15 | | the law of and judicial processes of
the Workers' Compensation | 16 | | Act and the Occupational Diseases Act.
| 17 | | A formal training program for newly-hired arbitrators | 18 | | shall be
implemented. The training program shall include the | 19 | | following:
| 20 | | (a) substantive and procedural aspects of the | 21 | | arbitrator position;
| 22 | | (b) current issues in workers' compensation law and | 23 | | practice;
| 24 | | (c) medical lectures by specialists in areas such as |
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| 1 | | orthopedics,
ophthalmology, psychiatry, rehabilitation | 2 | | counseling;
| 3 | | (d) orientation to each operational unit of the | 4 | | Illinois Workers' Compensation Commission;
| 5 | | (e) observation of experienced arbitrators conducting | 6 | | hearings of cases,
combined with the opportunity to discuss | 7 | | evidence presented and rulings made;
| 8 | | (f) the use of hypothetical cases requiring the trainee | 9 | | to issue
judgments as a means to evaluating knowledge and | 10 | | writing ability;
| 11 | | (g) writing skills;
| 12 | | (h) professional and ethical standards pursuant to | 13 | | Section 1.1 of this Act; | 14 | | (i) detection of workers' compensation fraud and | 15 | | reporting obligations of Commission employees and | 16 | | appointees; | 17 | | (j) standards of evidence-based medical treatment and | 18 | | best practices for measuring and improving quality and | 19 | | health care outcomes in the workers' compensation system, | 20 | | including but not limited to the use of the American | 21 | | Medical Association's "Guides to the Evaluation of | 22 | | Permanent Impairment" and the practice of utilization | 23 | | review; and | 24 | | (k) substantive and procedural aspects of coal | 25 | | workers' pneumoconiosis (black lung) cases. | 26 | | A formal and ongoing professional development program |
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| 1 | | including, but not
limited to, the above-noted areas shall be | 2 | | implemented to keep arbitrators
informed of recent | 3 | | developments and issues and to assist them in
maintaining and | 4 | | enhancing their professional competence. Each arbitrator shall | 5 | | complete 20 hours of training in the above-noted areas during | 6 | | every 2 years such arbitrator shall remain in office.
| 7 | | Each
arbitrator shall devote full time to his or her duties | 8 | | and shall serve when
assigned as
an acting Commissioner when a | 9 | | Commissioner is unavailable in accordance
with the provisions | 10 | | of Section 13 of this Act. Any
arbitrator who is an | 11 | | attorney-at-law shall not engage in the practice of
law, nor | 12 | | shall any arbitrator hold any other office or position of
| 13 | | profit under the United States or this State or any municipal
| 14 | | corporation or political subdivision of this State.
| 15 | | Notwithstanding any other provision of this Act to the | 16 | | contrary, an arbitrator
who serves as an acting Commissioner in | 17 | | accordance with the provisions of
Section 13 of this Act shall | 18 | | continue to serve in the capacity of Commissioner
until a | 19 | | decision is reached in every case heard by that arbitrator | 20 | | while
serving as an acting Commissioner.
| 21 | | Notwithstanding any other provision of this Section, the | 22 | | term of all arbitrators serving on the effective date of this | 23 | | amendatory Act of the 97th General Assembly, including any | 24 | | arbitrators on administrative leave, shall terminate at the | 25 | | close of business on July 1, 2011, but the incumbents shall | 26 | | continue to exercise all of their duties until they are |
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| 1 | | reappointed or their successors are appointed. | 2 | | On and after the effective date of this amendatory Act of | 3 | | the 97th General Assembly, arbitrators shall be appointed to | 4 | | 3-year terms by the full Commission, except that initial | 5 | | appointments made on and after the effective date of this | 6 | | amendatory Act of the 97th General Assembly shall be made as | 7 | | follows: | 8 | | (1) All appointments shall be made by the Governor with | 9 | | the advice and consent of the Senate. | 10 | | (2) For their initial appointments, 12 arbitrators | 11 | | shall be appointed to terms expiring July 1, 2012; 12 | 12 | | arbitrators shall be appointed to terms expiring July 1, | 13 | | 2013; and all additional arbitrators shall be appointed to | 14 | | terms expiring July 1, 2014. Thereafter, all arbitrators | 15 | | shall be appointed to 3-year terms. | 16 | | Upon the expiration of a term, the Chairman shall evaluate | 17 | | the performance of the arbitrator and may recommend to the | 18 | | Governor that he or she be reappointed to a second or | 19 | | subsequent term by the Governor with the advice and consent of | 20 | | the Senate the full Commission . | 21 | | Each arbitrator appointed on or after the effective date of | 22 | | this amendatory Act of the 97th General Assembly and who has | 23 | | not previously served as an arbitrator for the Commission shall | 24 | | be required to be authorized to practice law in this State by | 25 | | the Supreme Court, and to maintain this authorization | 26 | | throughout his or her term of employment.
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| 1 | | All arbitrators shall be subject to the provisions of the | 2 | | Personnel Code,
and the performance of all arbitrators shall be | 3 | | reviewed by the Chairman on
an annual basis. The changes made | 4 | | to this Section by this amendatory Act of the 97th General | 5 | | Assembly shall prevail over any conflict with the Personnel | 6 | | Code. The Chairman shall allow input from the Commissioners in
| 7 | | all such reviews.
| 8 | | The Commission shall assign no fewer than 3 arbitrators to | 9 | | each hearing site. The Commission shall establish a procedure | 10 | | to ensure that the arbitrators assigned to each hearing site | 11 | | are assigned cases on a random basis. No arbitrator shall hear | 12 | | cases in any county, other than Cook County, for more than 2 | 13 | | years in each 3-year term. | 14 | | The Secretary and each arbitrator shall receive a per annum | 15 | | salary of
$4,000 less than the per annum salary of members of | 16 | | The
Illinois Workers' Compensation Commission as
provided in | 17 | | Section 13 of this Act, payable in equal monthly installments.
| 18 | | The members of the Commission, Arbitrators and other | 19 | | employees whose
duties require them to travel, shall have | 20 | | reimbursed to them their
actual traveling expenses and | 21 | | disbursements made or incurred by them in
the discharge of | 22 | | their official duties while away from their place of
residence | 23 | | in the performance of their duties.
| 24 | | The Commission shall provide itself with a seal for the
| 25 | | authentication of its orders, awards and proceedings upon which | 26 | | shall be
inscribed the name of the Commission and the words |
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| 1 | | "Illinois--Seal".
| 2 | | The Secretary or Assistant Secretary, under the direction | 3 | | of the
Commission, shall have charge and custody of the seal of | 4 | | the Commission
and also have charge and custody of all records, | 5 | | files, orders,
proceedings, decisions, awards and other | 6 | | documents on file with the
Commission. He shall furnish | 7 | | certified copies, under the seal of the
Commission, of any such | 8 | | records, files, orders, proceedings, decisions,
awards and | 9 | | other documents on file with the Commission as may be
required. | 10 | | Certified copies so furnished by the Secretary or Assistant
| 11 | | Secretary shall be received in evidence before the Commission | 12 | | or any
Arbitrator thereof, and in all courts, provided that the | 13 | | original of
such certified copy is otherwise competent and | 14 | | admissible in evidence.
The Secretary or Assistant Secretary | 15 | | shall perform such other duties as
may be prescribed from time | 16 | | to time by the Commission.
| 17 | | (Source: P.A. 97-18, eff. 6-28-11.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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