Full Text of HB3697 98th General Assembly
HB3697 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3697 Introduced , by Rep. John D. Anthony SYNOPSIS AS INTRODUCED: |
| |
Amends the Illinois Public Labor Relations Act, the State Officials and Employees Ethics Act, the Election Code, the Secretary of State Merit Employment Code, the Civil Administrative Code of Illinois, the Personnel Code, the State Police Act, the Property Tax Code, the Metropolitan Transit Authority Act, the Illinois Educational Labor Relations Act, the Liquor Control Act of 1934, the Coal Mining Act, the Illinois Horse Racing Act of 1975, the Toll Highway Act, the Court of Claims Act, and the Human Rights Act. Decouples compensation for members of the Executive Ethics Commission from compensation for members of the State Board of Elections. Provides for terms of office beginning on and after the effective date of this Act, no member of the following bodies is eligible to receive compensation for their service: the Illinois Public Labor Relations Board, the State Board of Elections, the Secretary of State Merit Commission, the Department of Employment Security Board of Review, the State Mining Board, the State Police Merit Board, the Civil Service Commission, the Property Tax Appeal Board, the Chicago Transit Authority, the Illinois Educational Labor Relations Board, the Illinois Liquor Control Commission, the Miners' Examining Board, the Illinois Racing Board, the State Toll Highway Authority Board of Directors, the Court of Claims, and the Human Rights Commission. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB3697 | | LRB098 14310 OMW 48999 b |
|
| 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 Public Labor Relations Act is | 5 | | 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; Local | 8 | | 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
units | 16 | | of local government and school districts with a population not | 17 | | in excess
of 2 million persons, and between employee | 18 | | organizations and the Regional
Transportation Authority.
| 19 | | The State Panel shall consist of 5 members appointed by the | 20 | | Governor, with
the advice and consent of the Senate. The | 21 | | Governor shall appoint to the State
Panel only persons who have | 22 | | had a minimum of 5 years of experience directly
related to | 23 | | labor and employment relations in representing public |
| | | HB3697 | - 2 - | LRB098 14310 OMW 48999 b |
|
| 1 | | employers,
private employers or labor organizations; or | 2 | | teaching labor or employment
relations; or administering | 3 | | executive orders or regulations applicable to labor
or | 4 | | employment relations. At the time of his or her appointment, | 5 | | each member of
the State Panel shall be an Illinois resident. | 6 | | The Governor shall designate
one member to serve as the | 7 | | Chairman of the State Panel and the Board.
| 8 | | Notwithstanding any other provision of this Section, the | 9 | | term of each
member of the State Panel who was appointed by the | 10 | | Governor and is in office
on June 30, 2003 shall terminate at | 11 | | the close of business on that date or when
all of the successor | 12 | | members to be appointed pursuant to this amendatory Act
of the | 13 | | 93rd General Assembly have been appointed by the Governor, | 14 | | whichever
occurs later. As soon as possible, the Governor shall | 15 | | appoint persons to
fill the vacancies created by this | 16 | | amendatory Act.
| 17 | | The initial appointments under this amendatory Act of the | 18 | | 93rd
General Assembly shall be for terms as follows: The | 19 | | Chairman shall initially
be appointed for a term ending on the | 20 | | 4th Monday in January, 2007;
2 members shall be initially | 21 | | appointed for terms ending on the 4th Monday in
January, 2006; | 22 | | one member shall be initially appointed for a term
ending on | 23 | | the 4th Monday in January, 2005; and one member shall be
| 24 | | initially appointed for a term ending on the 4th Monday in | 25 | | January, 2004. Each
subsequent member shall be appointed for a | 26 | | term of 4 years, commencing on the
4th Monday in January. Upon |
| | | HB3697 | - 3 - | LRB098 14310 OMW 48999 b |
|
| 1 | | expiration of the term of office of any appointive
member, that | 2 | | member shall continue to serve until a successor shall be
| 3 | | appointed and qualified. In case of a vacancy, a successor | 4 | | shall be appointed
to serve for the unexpired portion of the | 5 | | term. If the Senate is not in
session at the time the initial | 6 | | appointments are made, the Governor
shall make temporary | 7 | | appointments in the same manner successors are appointed
to | 8 | | fill vacancies. A temporary appointment shall remain in effect | 9 | | no longer
than 20 calendar days after the commencement of the | 10 | | next Senate session.
| 11 | | (b) The Local Panel shall have jurisdiction over collective | 12 | | bargaining
agreement matters between employee organizations | 13 | | and units of local government
with a population in excess of 2 | 14 | | million persons, but excluding the Regional
Transportation | 15 | | Authority.
| 16 | | The Local Panel shall consist of one person appointed by | 17 | | the Governor with
the advice and consent of the Senate (or, if | 18 | | no such person is appointed, the
Chairman of the State Panel) | 19 | | and two additional members, one appointed by the
Mayor of the | 20 | | City of Chicago and one appointed by the President of the Cook
| 21 | | County Board of Commissioners. Appointees to the Local Panel | 22 | | must have had a
minimum of 5 years of experience directly | 23 | | related to labor and employment
relations in representing | 24 | | public employers, private employers or labor
organizations; or | 25 | | teaching labor or employment relations; or administering
| 26 | | executive orders or regulations applicable to labor or |
| | | HB3697 | - 4 - | LRB098 14310 OMW 48999 b |
|
| 1 | | employment relations.
Each member of the Local Panel shall be | 2 | | an Illinois resident at the time of
his or her appointment. The | 3 | | member appointed by the Governor (or, if no such
person is | 4 | | appointed, the Chairman of the State Panel) shall serve as the
| 5 | | Chairman of the Local Panel.
| 6 | | Notwithstanding any other provision of this Section, the | 7 | | term of the
member of the Local Panel who was appointed by the | 8 | | Governor and is in office
on June 30, 2003 shall terminate at | 9 | | the close of business on that date or when
his or her successor | 10 | | has been appointed by the Governor, whichever occurs
later. As | 11 | | soon as possible, the Governor shall appoint a person to fill | 12 | | the
vacancy created by this amendatory Act. The initial | 13 | | appointment under this
amendatory Act of the 93rd General | 14 | | Assembly shall be for a term ending on the
4th Monday in | 15 | | January, 2007.
| 16 | | The initial appointments under this amendatory Act of the | 17 | | 91st General
Assembly shall be for terms as follows: The member | 18 | | appointed by the Governor
shall initially be appointed for a | 19 | | term ending on the 4th Monday in January,
2001; the member | 20 | | appointed by the President of the Cook County Board shall be
| 21 | | initially appointed for a term ending on the 4th Monday in | 22 | | January, 2003; and
the member appointed by the Mayor of the | 23 | | City of Chicago shall be initially
appointed for a term ending | 24 | | on the 4th Monday in January, 2004. Each
subsequent member | 25 | | shall be appointed for a term of 4 years, commencing
on the 4th | 26 | | Monday in January. Upon expiration of the term of office of any
|
| | | HB3697 | - 5 - | LRB098 14310 OMW 48999 b |
|
| 1 | | appointive member, the member shall continue to serve until a | 2 | | successor shall
be appointed and qualified. In the case of a | 3 | | vacancy, a successor shall be
appointed by the applicable | 4 | | appointive authority to serve for the unexpired
portion of the | 5 | | term.
| 6 | | (c) Three members of the State Panel shall at all times | 7 | | constitute
a quorum. Two members of the Local Panel shall at | 8 | | all times constitute a
quorum. A vacancy on a panel does not | 9 | | impair the right of the remaining
members to exercise all of | 10 | | the powers of that panel. Each panel shall adopt an
official | 11 | | seal which shall be judicially noticed. The salary of the | 12 | | Chairman of
the State Panel shall be $82,429 per year, or as | 13 | | set by the Compensation Review
Board, whichever is greater, | 14 | | until the expiration of the term of office in which the | 15 | | Chairman is serving on the effective date of this amendatory | 16 | | Act of the 98th General Assembly; thereafter, the Chairman | 17 | | shall serve without compensation. The and that of the other | 18 | | members of the State and
Local Panels shall be $74,188 per | 19 | | year, or as set by the Compensation Review
Board, whichever is | 20 | | greater , until the expiration of the terms of office in which | 21 | | the members are serving on the effective date of this | 22 | | amendatory Act of the 98th General Assembly; thereafter, the | 23 | | members shall serve without compensation .
| 24 | | (d) Each member shall devote his or her entire time to the | 25 | | duties of
the office, and shall hold no other office or | 26 | | position of profit, nor engage
in any other business, |
| | | HB3697 | - 6 - | LRB098 14310 OMW 48999 b |
|
| 1 | | employment, or vocation.
No member shall hold any other public | 2 | | office or be employed as a labor
or management representative | 3 | | by the State or any political subdivision of
the State or of | 4 | | any department or agency thereof, or actively represent or act
| 5 | | on behalf of an employer or an employee organization or an | 6 | | employer in labor
relations matters. Any member of the State | 7 | | Panel may be removed
from office by the Governor for | 8 | | inefficiency,
neglect of duty, misconduct or malfeasance in | 9 | | office, and for no other cause,
and only upon notice and | 10 | | hearing. Any member of the Local Panel
may be removed from | 11 | | office by the applicable appointive authority for
| 12 | | inefficiency, neglect of duty, misconduct or malfeasance in | 13 | | office, and for no
other cause, and only upon notice and | 14 | | hearing.
| 15 | | (e) Each panel at the end of every State fiscal
year shall | 16 | | make a report in writing to the Governor and the General | 17 | | Assembly,
stating in detail the work it has done in hearing and | 18 | | deciding cases and
otherwise.
| 19 | | (f) In order to accomplish the objectives and carry out the | 20 | | duties
prescribed by this Act, a panel or its
authorized | 21 | | designees may hold elections to determine whether a labor
| 22 | | organization has majority status; investigate and attempt to | 23 | | resolve or settle
charges of unfair labor practices; hold | 24 | | hearings in order to carry out its
functions; develop and | 25 | | effectuate appropriate impasse resolution procedures for
| 26 | | purposes of resolving labor disputes; require the appearance of |
| | | HB3697 | - 7 - | LRB098 14310 OMW 48999 b |
|
| 1 | | witnesses and
the production of evidence on any matter under | 2 | | inquiry; and administer oaths
and affirmations. The panels | 3 | | shall sign and report in
full an opinion in every case which | 4 | | they decide.
| 5 | | (g) Each panel may appoint or employ an executive
director, | 6 | | attorneys, hearing officers, mediators, fact-finders, | 7 | | arbitrators,
and such other employees as it may deem necessary | 8 | | to perform
its functions. The governing boards shall prescribe | 9 | | the duties
and qualifications of such persons appointed and, | 10 | | subject to the annual
appropriation, fix their compensation and | 11 | | provide for reimbursement of actual
and necessary expenses | 12 | | incurred in the performance of their duties. The Board shall | 13 | | employ a minimum of 16 attorneys and 6 investigators.
| 14 | | (h) Each panel shall exercise general supervision
over all | 15 | | attorneys which it employs and over the other persons employed | 16 | | to
provide necessary support services for such attorneys. The | 17 | | panels shall have final authority in respect to complaints
| 18 | | brought pursuant to this Act.
| 19 | | (i) The following rules and regulations shall be adopted by | 20 | | the panels meeting in joint session: (1) procedural rules and
| 21 | | regulations which shall govern all Board proceedings; (2) | 22 | | procedures for
election of exclusive bargaining | 23 | | representatives pursuant to Section 9, except
for the | 24 | | determination of appropriate bargaining units; and (3) | 25 | | appointment
of counsel pursuant to subsection (k) of this | 26 | | Section.
|
| | | HB3697 | - 8 - | LRB098 14310 OMW 48999 b |
|
| 1 | | (j) Rules and regulations may be adopted, amended or | 2 | | rescinded only
upon a vote of 5 of the members of the State and | 3 | | Local Panels meeting
in joint session. The adoption,
amendment | 4 | | or rescission of rules and regulations shall be in conformity | 5 | | with
the requirements of the Illinois Administrative Procedure | 6 | | Act.
| 7 | | (k) The panels in joint session shall promulgate
rules and | 8 | | regulations providing for the appointment of attorneys or other | 9 | | Board
representatives to represent persons in unfair labor | 10 | | practice proceedings
before a panel. The regulations governing | 11 | | appointment
shall require the applicant to demonstrate an | 12 | | inability to pay for or inability
to otherwise provide for | 13 | | adequate representation before a panel. Such rules
must also | 14 | | provide: (1) that an attorney may not be
appointed in cases | 15 | | which, in the opinion of a panel, are clearly
without merit; | 16 | | (2) the stage of the unfair labor proceeding at which counsel
| 17 | | will be appointed; and (3) the circumstances under which a | 18 | | client will be
allowed to select counsel.
| 19 | | (1) The panels in joint session may promulgate
rules and | 20 | | regulations which allow parties in proceedings before a panel | 21 | | to be represented by counsel or any other representative
of the | 22 | | party's choice.
| 23 | | (m) The Chairman of the State Panel shall serve
as Chairman | 24 | | of a joint session of the panels.
Attendance of at least 2 | 25 | | members of the State Panel and at least one
member of the Local | 26 | | Panel, in addition to
the Chairman, shall constitute a quorum |
| | | HB3697 | - 9 - | LRB098 14310 OMW 48999 b |
|
| 1 | | at a joint session. The panels shall
meet in joint session at | 2 | | least annually.
| 3 | | (Source: P.A. 96-813, eff. 10-30-09.)
| 4 | | Section 10. The State Officials and Employees Ethics Act is | 5 | | amended by changing Section 20-5 as follows: | 6 | | (5 ILCS 430/20-5)
| 7 | | Sec. 20-5. Executive Ethics Commission.
| 8 | | (a) The Executive Ethics Commission is created.
| 9 | | (b) The Executive Ethics Commission shall consist of 9
| 10 | | commissioners.
The Governor shall appoint 5 commissioners, and | 11 | | the Attorney General, Secretary
of State, Comptroller, and | 12 | | Treasurer shall each appoint one commissioner.
Appointments | 13 | | shall be made by and with the advice and consent of the
Senate | 14 | | by three-fifths of the elected members concurring by record | 15 | | vote.
Any nomination not acted upon by the Senate within 60 | 16 | | session days of the
receipt thereof shall be deemed to have | 17 | | received the advice and consent of
the Senate. If, during a | 18 | | recess of the Senate, there is a vacancy in an office
of | 19 | | commissioner, the appointing authority shall make a temporary
| 20 | | appointment until the next meeting of the Senate when the | 21 | | appointing
authority shall make a nomination to fill that | 22 | | office. No person rejected for
an office of commissioner shall, | 23 | | except by the Senate's request, be
nominated again for that | 24 | | office at the same session of the Senate or be
appointed to |
| | | HB3697 | - 10 - | LRB098 14310 OMW 48999 b |
|
| 1 | | that office during a recess of that Senate.
No more than 5
| 2 | | commissioners may be of the same
political party.
| 3 | | The terms of the initial commissioners shall commence upon | 4 | | qualification.
Four initial appointees of the Governor, as | 5 | | designated by the Governor, shall
serve terms running through | 6 | | June 30, 2007. One initial appointee of the
Governor, as | 7 | | designated by the Governor, and the initial appointees of the
| 8 | | Attorney General, Secretary of State, Comptroller, and | 9 | | Treasurer shall serve
terms running through June 30, 2008.
The | 10 | | initial appointments shall be made within 60 days
after the | 11 | | effective date of this Act.
| 12 | | After the initial terms, commissioners shall serve for | 13 | | 4-year terms
commencing on July 1 of the year of appointment | 14 | | and running
through June 30 of the fourth following year. | 15 | | Commissioners may be
reappointed to one or more subsequent | 16 | | terms.
| 17 | | Vacancies occurring other than at the end of a term shall | 18 | | be filled
by the appointing authority only for the balance of | 19 | | the
term of the commissioner whose office is vacant.
| 20 | | Terms shall run regardless of whether the position is | 21 | | filled.
| 22 | | (c) The appointing authorities shall appoint commissioners | 23 | | who
have experience holding governmental office or employment | 24 | | and shall
appoint commissioners from the general public.
A | 25 | | person is not eligible to
serve as a commissioner if that | 26 | | person (i) has been convicted of a
felony or a crime of |
| | | HB3697 | - 11 - | LRB098 14310 OMW 48999 b |
|
| 1 | | dishonesty or moral turpitude, (ii) is, or was
within the | 2 | | preceding 12 months, engaged in activities that
require | 3 | | registration under the Lobbyist Registration Act, (iii) is | 4 | | related
to the appointing authority, or (iv) is a State officer | 5 | | or employee.
| 6 | | (d) The Executive Ethics Commission shall have
| 7 | | jurisdiction over all officers and employees of State agencies | 8 | | other
than the General Assembly, the Senate, the House of | 9 | | Representatives,
the President and Minority Leader of the | 10 | | Senate, the Speaker and
Minority Leader of the House of | 11 | | Representatives, the Senate
Operations Commission, the | 12 | | legislative support services agencies, and
the Office of the | 13 | | Auditor General.
The Executive Ethics Commission shall have | 14 | | jurisdiction over all board members and employees of Regional | 15 | | Transit Boards. The jurisdiction of the
Commission is limited | 16 | | to matters arising under this Act, except as provided in | 17 | | subsection (d-5).
| 18 | | A member or legislative branch State employee serving on an | 19 | | executive branch board or commission remains subject to the | 20 | | jurisdiction of the Legislative Ethics Commission and is not | 21 | | subject to the jurisdiction of the Executive Ethics Commission. | 22 | | (d-5) The Executive Ethics Commission shall have | 23 | | jurisdiction over all chief procurement officers and | 24 | | procurement compliance monitors and their respective staffs. | 25 | | The Executive Ethics Commission shall have jurisdiction over | 26 | | any matters arising under the Illinois Procurement Code if the |
| | | HB3697 | - 12 - | LRB098 14310 OMW 48999 b |
|
| 1 | | Commission is given explicit authority in that Code. | 2 | | (d-6) (1) The Executive Ethics Commission shall have | 3 | | jurisdiction over the Illinois Power Agency and its staff. The | 4 | | Director of the Agency shall be appointed by a majority of the | 5 | | commissioners of the Executive Ethics Commission, subject to | 6 | | Senate confirmation, for a term of 2 years. The Director is | 7 | | removable for cause by a majority of the Commission upon a | 8 | | finding of neglect, malfeasance, absence, or incompetence. | 9 | | (2) In case of a vacancy in the office of Director of the | 10 | | Illinois Power Agency during a recess of the Senate, the | 11 | | Executive Ethics Commission may make a temporary appointment | 12 | | until the next meeting of the Senate, at which time the | 13 | | Executive Ethics Commission shall nominate some person to fill | 14 | | the office, and any person so nominated who is confirmed by the | 15 | | Senate shall hold office during the remainder of the term and | 16 | | until his or her successor is appointed and qualified. Nothing | 17 | | in this subsection shall prohibit the Executive Ethics | 18 | | Commission from removing a temporary appointee or from | 19 | | appointing a temporary appointee as the Director of the | 20 | | Illinois Power Agency. | 21 | | (3) Prior to June 1, 2012, the Executive Ethics Commission | 22 | | may, until the Director of the Illinois Power Agency is | 23 | | appointed and qualified or a temporary appointment is made | 24 | | pursuant to paragraph (2) of this subsection, designate some | 25 | | person as an acting Director to execute the powers and | 26 | | discharge the duties vested by law in that Director. An acting |
| | | HB3697 | - 13 - | LRB098 14310 OMW 48999 b |
|
| 1 | | Director shall serve no later than 60 calendar days, or upon | 2 | | the making of an appointment pursuant to paragraph (1) or (2) | 3 | | of this subsection, whichever is earlier. Nothing in this | 4 | | subsection shall prohibit the Executive Ethics Commission from | 5 | | removing an acting Director or from appointing an acting | 6 | | Director as the Director of the Illinois Power Agency. | 7 | | (4) No person rejected by the Senate for the office of | 8 | | Director of the Illinois Power Agency shall, except at the | 9 | | Senate's request, be nominated again for that office at the | 10 | | same session or be appointed to that office during a recess of | 11 | | that Senate. | 12 | | (e) The Executive Ethics Commission must meet, either
in | 13 | | person or by other technological means, at least monthly and as
| 14 | | often as necessary. At the first meeting of the Executive
| 15 | | Ethics Commission, the commissioners shall choose from their
| 16 | | number a chairperson and other officers that they deem | 17 | | appropriate.
The terms of officers shall be for 2 years | 18 | | commencing July 1 and
running through June 30 of the second | 19 | | following year. Meetings shall be held at
the call
of the | 20 | | chairperson or any 3 commissioners. Official action by the
| 21 | | Commission shall require the affirmative vote of 5 | 22 | | commissioners, and
a quorum shall consist of 5 commissioners. | 23 | | Commissioners shall receive
compensation in an amount equal to | 24 | | the compensation received by of members of the State
Board of | 25 | | Elections prior to the effective date of this amendatory Act of | 26 | | the 98th General Assembly, unless otherwise provided, and may |
| | | HB3697 | - 14 - | LRB098 14310 OMW 48999 b |
|
| 1 | | be
reimbursed for their reasonable expenses actually incurred | 2 | | in the
performance of their duties.
| 3 | | (f) No commissioner or employee of the Executive
Ethics | 4 | | Commission may during his or her term of appointment or | 5 | | employment:
| 6 | | (1) become a candidate for any elective office;
| 7 | | (2) hold any other elected or appointed public office | 8 | | except for
appointments on governmental advisory boards or | 9 | | study commissions or as
otherwise expressly authorized by | 10 | | law;
| 11 | | (3) be actively involved in the affairs of any | 12 | | political party or
political
organization; or
| 13 | | (4) advocate for the appointment of another person to | 14 | | an appointed or elected office or position or actively | 15 | | participate in any campaign for any elective office.
| 16 | | (g) An appointing authority may remove a commissioner only | 17 | | for cause.
| 18 | | (h) The Executive Ethics Commission shall appoint an | 19 | | Executive Director. The
compensation of the Executive Director | 20 | | shall be as determined by the Commission. The Executive
| 21 | | Director of the Executive Ethics Commission may employ and | 22 | | determine the
compensation of staff, as appropriations permit.
| 23 | | (i) The Executive Ethics Commission shall appoint, by a | 24 | | majority of the members appointed to the Commission, chief | 25 | | procurement officers and procurement compliance monitors in | 26 | | accordance with the provisions of the Illinois Procurement |
| | | HB3697 | - 15 - | LRB098 14310 OMW 48999 b |
|
| 1 | | Code. The compensation of a chief procurement officer and | 2 | | procurement compliance monitor shall be determined by the | 3 | | Commission. | 4 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11; | 5 | | 97-618, eff. 10-26-11; 97-677, eff. 2-6-12.) | 6 | | Section 15. The Election Code is amended by changing | 7 | | Section 1A-6.1 as follows:
| 8 | | (10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
| 9 | | Sec. 1A-6.1.
The chairman of the State Board of Elections | 10 | | shall preside
at all meetings of the Board, except that the | 11 | | vice chairman shall preside
at any meeting when the chairman is | 12 | | absent. The salary of the chairman
shall be $25,000 per year, | 13 | | or as set by the Compensation Review Board,
whichever is | 14 | | greater, and the salary of the vice-chairman shall be $20,000
| 15 | | per year, or as set by the Compensation Review Board, whichever | 16 | | is
greater. The chairman and vice-chairman of the Board shall | 17 | | be paid their respective annual salaries until the expiration | 18 | | of the terms of office in which the chairman and the | 19 | | vice-chairman are serving on the effective date of this | 20 | | amendatory Act of the 98th General Assembly; thereafter, the | 21 | | chairman and vice-chairman shall serve without compensation. | 22 | | The salary of the other Board members
shall be $15,000 per | 23 | | year, or as set by the Compensation Review Board,
whichever is | 24 | | greater , until the expiration of the terms of office in which |
| | | HB3697 | - 16 - | LRB098 14310 OMW 48999 b |
|
| 1 | | the members are serving on the effective date of this | 2 | | amendatory Act of the 98th General Assembly; thereafter, the | 3 | | members shall serve without compensation . Each member shall be | 4 | | reimbursed for actual expenses
incurred in the performance of | 5 | | his duties.
| 6 | | (Source: P.A. 83-1177.)
| 7 | | Section 20. The Secretary of State Merit Employment Code is | 8 | | amended by changing Section 8a as follows:
| 9 | | (15 ILCS 310/8a) (from Ch. 124, par. 108a)
| 10 | | Sec. 8a. Terms, compensation. Members of the Merit | 11 | | Commission shall be
initially appointed as follows:
| 12 | | (1) One member to serve for 2 years and until his | 13 | | successor is appointed;
| 14 | | (2) One member to serve for 4 years and until his | 15 | | successor is appointed;
and
| 16 | | (3) One member to serve for 6 years and until his | 17 | | successor is appointed.
| 18 | | Thereafter, members of the Commission shall be appointed by | 19 | | the Secretary
of State for six year terms with the advice and | 20 | | consent of the Senate.
| 21 | | A member of the Commission shall be appointed as Chairman | 22 | | by the Secretary
of State for a two-year term. The Secretary of | 23 | | State may appoint the Chairman
for consecutive terms. The | 24 | | Chairman may also be appointed as the Administrator responsible |
| | | HB3697 | - 17 - | LRB098 14310 OMW 48999 b |
|
| 1 | | for overseeing the Commission staff and day-to-day operations | 2 | | of the Commission.
| 3 | | The Secretary of State may appoint a person to fill a | 4 | | vacancy occurring
prior to the expiration of a six year term | 5 | | for the remainder of the unexpired
term with the advice and | 6 | | consent of the Senate.
| 7 | | The salary of the Chairman of the Commission shall be | 8 | | $10,000 per annum
or an amount set by the Compensation Review | 9 | | Board, whichever is greater, until the expiration of the term | 10 | | of office in which the Chairman is serving on the effective | 11 | | date of this amendatory Act of the 98th General Assembly; | 12 | | thereafter, the Chairman shall serve without compensation. | 13 | | Other
and other members of the Commission shall be paid $7,500 | 14 | | per annum or an
amount set by the Compensation Review Board, | 15 | | whichever is greater , until the expiration of the terms of | 16 | | office in which the members are serving on the effective date | 17 | | of this amendatory Act of the 98th General Assembly; | 18 | | thereafter, the members shall serve without compensation . They
| 19 | | shall be entitled to reimbursement for necessary traveling and | 20 | | other official
expenditures necessitated by their official | 21 | | duties. If the Chairman of the Commission is also appointed as | 22 | | the Administrator of the Commission, the Chairman's salary will | 23 | | be set by the Secretary.
| 24 | | (Source: P.A. 97-833, eff. 7-20-12.)
| 25 | | Section 25. The Civil Administrative Code of Illinois is |
| | | HB3697 | - 18 - | LRB098 14310 OMW 48999 b |
|
| 1 | | amended by changing Sections 5-340 and 5-380 as follows:
| 2 | | (20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
| 3 | | Sec. 5-340. In the Department of Employment Security. The | 4 | | Director of
Employment Security shall receive an annual salary | 5 | | as set by the Compensation Review Board.
| 6 | | Each member of the Board of Review shall receive $15,000 , | 7 | | until the expiration of the terms of office in which the | 8 | | members are serving on the effective date of this amendatory | 9 | | Act of the 98th General Assembly; thereafter, the members shall | 10 | | serve without compensation .
| 11 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 12 | | (20 ILCS 5/5-380) (was 20 ILCS 5/9.04)
| 13 | | Sec. 5-380.
In the Office of Mines and Minerals of the | 14 | | Department of Natural
Resources. Each mine officer shall | 15 | | receive $7,500 or the amount set by the
Compensation Review | 16 | | Board, whichever is greater , until the expiration of the terms | 17 | | of office in which the officers are serving on the effective | 18 | | date of this amendatory Act of the 98th General Assembly; | 19 | | thereafter, the officers shall serve without compensation .
| 20 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 21 | | Section 30. The Personnel Code is amended by changing | 22 | | Section 7d as follows:
|
| | | HB3697 | - 19 - | LRB098 14310 OMW 48999 b |
|
| 1 | | (20 ILCS 415/7d) (from Ch. 127, par. 63b107d)
| 2 | | Sec. 7d. Compensation. The chairman shall be paid an annual | 3 | | salary of $8,200 from the third Monday
in January, 1979 to the | 4 | | third Monday in January, 1980; $8,700 from the third
Monday in | 5 | | January, 1980 to the third Monday in January, 1981; $9,300 from
| 6 | | the third Monday in January, 1981 to the third Monday in | 7 | | January 1982;
$10,000 from the third Monday in January, 1982 to | 8 | | the effective date of this
amendatory Act of the 91st General | 9 | | Assembly; and $25,000 thereafter, or as
set by the Compensation | 10 | | Review Board,
whichever
is greater , until the expiration of the | 11 | | term of office in which the chairman is serving on the | 12 | | effective date of this amendatory Act of the 98th General | 13 | | Assembly; thereafter, the chairman shall serve without | 14 | | compensation . Other members of the Commission shall each be | 15 | | paid an
annual salary of $5,500 from the third Monday in | 16 | | January, 1979 to the third
Monday in January, 1980; $6,000 from | 17 | | the third Monday in January, 1980 to
the third Monday in | 18 | | January, 1981; $6,500 from the third Monday in January,
1981 to | 19 | | the third Monday in January, 1982; $7,500
from the third Monday | 20 | | in January, 1982 to the effective date of this
amendatory Act | 21 | | of the 91st General Assembly; and $20,000 thereafter, or as
set | 22 | | by the Compensation Review Board, whichever is greater , until | 23 | | the expiration of the terms of office in which the members are | 24 | | serving on the effective date of this amendatory Act of the | 25 | | 98th General Assembly; thereafter, the members shall serve | 26 | | without compensation . They shall
be entitled to
reimbursement |
| | | HB3697 | - 20 - | LRB098 14310 OMW 48999 b |
|
| 1 | | for necessary traveling and other official expenditures
| 2 | | necessitated by their official duties.
| 3 | | (Source: P.A. 91-798, eff. 7-9-00.)
| 4 | | Section 35. The State Police Act is amended by changing | 5 | | Section 5 as follows:
| 6 | | (20 ILCS 2610/5) (from Ch. 121, par. 307.5)
| 7 | | Sec. 5.
Each member of the Board shall receive the sum of | 8 | | $125 per day
for each day during which he is engaged in | 9 | | transacting the business of the
Board, or an amount set by the | 10 | | Compensation Review Board, whichever is
greater, and, in | 11 | | addition thereto, his actual traveling and other expenses
| 12 | | necessarily incurred in discharging the duties of his office; | 13 | | provided, no
member of the Board shall receive compensation for | 14 | | more than 100
days of work in any one fiscal year. The members | 15 | | of the Board shall be entitled to receive compensation until | 16 | | the expiration of the terms of office in which the members are | 17 | | serving on the effective date of this amendatory Act of the | 18 | | 98th General Assembly; thereafter, the members shall serve | 19 | | without compensation.
| 20 | | (Source: P.A. 83-1177.)
| 21 | | Section 40. The Property Tax Code is amended by changing | 22 | | Section 7-10 as follows:
|
| | | HB3697 | - 21 - | LRB098 14310 OMW 48999 b |
|
| 1 | | (35 ILCS 200/7-10)
| 2 | | Sec. 7-10. Selection of members. The members of the | 3 | | Property Tax Appeal
Board shall be qualified by virtue of 5 | 4 | | years experience and training in the
field of public finance | 5 | | administration, at least 2 years of which shall be in
the field | 6 | | of property appraisal and property tax administration. No more | 7 | | than
3 members of the Board may be members of the same | 8 | | political party. The
Chairman of the Property Tax Appeal Board | 9 | | shall receive $28,000 per year, or an
amount set by the | 10 | | Compensation Review Board, whichever is greater , until the | 11 | | expiration of the term of office in which the Chairman is | 12 | | serving on the effective date of this amendatory Act of the | 13 | | 98th General Assembly; thereafter, the Chairman shall serve | 14 | | without compensation. Each ; and each
other member of the Board | 15 | | shall receive $22,500 per year, or an amount set by
the | 16 | | Compensation Review Board, whichever is greater , until the | 17 | | expiration of the terms of office in which the members are | 18 | | serving on the effective date of this amendatory Act of the | 19 | | 98th General Assembly; thereafter, the members shall serve | 20 | | without compensation .
| 21 | | Of the 5 members of the Board the terms of 2 members shall | 22 | | expire on the
third Monday in January, 1995; the term of 2 | 23 | | members shall expire on the third
Monday in January, 1997; and | 24 | | the term of one member shall expire on the third
Monday in | 25 | | January, 1999. Members shall be appointed in each odd-numbered | 26 | | year
for a 6 year term commencing on the third Monday in |
| | | HB3697 | - 22 - | LRB098 14310 OMW 48999 b |
|
| 1 | | January of such year. Each
member shall serve until a successor | 2 | | is appointed and qualified.
| 3 | | (Source: P.A. 84-1240; 88-455.)
| 4 | | Section 45. The Metropolitan Transit Authority Act is | 5 | | amended by changing Section 19 as follows:
| 6 | | (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
| 7 | | Sec. 19. The governing and administrative body of the | 8 | | Authority shall be a
board consisting of seven members, to be | 9 | | known as Chicago Transit Board.
Members of the Board shall be | 10 | | residents of the metropolitan area and persons of
recognized | 11 | | business ability. No member of the Board of the
Authority shall | 12 | | hold any other office or employment under the Federal,
State or | 13 | | any County or any municipal government except an honorary | 14 | | office
without compensation or an office in the National Guard. | 15 | | No employee of
the Authority shall hold any other office or | 16 | | employment under the Federal,
State or any County or any | 17 | | municipal government except an office with
compensation not | 18 | | exceeding $15,000 annually or a position in the National
Guard | 19 | | or the United States military reserves. Provided, however,
that | 20 | | the Chairman may be a member of the Board of the Regional | 21 | | Transportation
Authority. No member of the
Board or employee of | 22 | | the Authority shall have any private financial
interest, profit | 23 | | or benefit in any contract, work or business of the
Authority | 24 | | nor in the sale or lease of any property to or from the
|
| | | HB3697 | - 23 - | LRB098 14310 OMW 48999 b |
|
| 1 | | Authority. The salary of each member of the initial Board shall | 2 | | be
$15,000.00 per annum, and such salary shall not be increased | 3 | | or diminished
during his or her term of office. The salaries of | 4 | | successor members of the
Board shall be fixed by the Board and | 5 | | shall not be increased or diminished
during their respective | 6 | | terms of office. The members of the Board shall receive | 7 | | compensation until the expiration of the terms of office in | 8 | | which the members are serving on the effective date of this | 9 | | amendatory Act of the 98th General Assembly; thereafter, the | 10 | | members shall serve without compensation. No Board member shall | 11 | | be allowed
any fees, perquisites or emoluments, reward or | 12 | | compensation for his or her
services as a member or officer of | 13 | | the Authority aside from his or her
salary or pension, but he | 14 | | or she shall be reimbursed for actual expenses
incurred by him | 15 | | or her in the performance of his or her duties.
| 16 | | (Source: P.A. 95-968, eff. 1-1-09.)
| 17 | | Section 50. The Illinois Educational Labor Relations Act is | 18 | | amended by changing Section 5 as follows:
| 19 | | (115 ILCS 5/5) (from Ch. 48, par. 1705)
| 20 | | Sec. 5. Illinois Educational Labor Relations Board.
| 21 | | (a) There is hereby created the Illinois Educational Labor | 22 | | Relations
Board.
| 23 | | (a-5) Until July 1, 2003 or when all of the new members to | 24 | | be initially
appointed under this amendatory Act of the 93rd |
| | | HB3697 | - 24 - | LRB098 14310 OMW 48999 b |
|
| 1 | | General Assembly have been
appointed by the Governor, whichever | 2 | | occurs later, the Illinois Educational
Labor Relations Board | 3 | | shall consist of 7 members, no more
than 4 of whom may be of the | 4 | | same political party, who are residents of
Illinois appointed | 5 | | by the Governor with the advice and consent of the Senate.
| 6 | | The term of each appointed member of the Board
who is in | 7 | | office on June 30, 2003 shall terminate at the close of | 8 | | business
on that date or when all of the new members to be | 9 | | initially appointed under
this amendatory Act of the 93rd | 10 | | General Assembly have been appointed by the
Governor, whichever | 11 | | occurs later.
| 12 | | (b) Beginning on July 1, 2003 or when all of the new | 13 | | members to be
initially appointed under this amendatory Act of | 14 | | the 93rd General Assembly
have been appointed by the Governor, | 15 | | whichever occurs later, the Illinois
Educational Labor | 16 | | Relations Board shall consist of 5 members appointed by
the | 17 | | Governor with the advice and consent of the Senate. No more | 18 | | than 3
members may be of the same political party.
| 19 | | The Governor shall appoint to the Board only persons who | 20 | | are residents of
Illinois and have had a minimum of 5 years of | 21 | | experience directly related
to labor and employment relations | 22 | | in representing educational employers or
educational employees | 23 | | in collective bargaining matters. One appointed member
shall be | 24 | | designated at the time of his or her appointment to serve as | 25 | | chairman.
| 26 | | Of the initial members appointed pursuant to this
|
| | | HB3697 | - 25 - | LRB098 14310 OMW 48999 b |
|
| 1 | | amendatory Act of the 93rd General Assembly, 2 shall be
| 2 | | designated at the time of appointment to serve a term of 6
| 3 | | years, 2 shall be designated at the time of appointment to | 4 | | serve a term
of 4 years, and the other shall be designated at | 5 | | the time of his or her
appointment to serve a term of 4 years, | 6 | | with each to serve until his or her
successor is appointed and | 7 | | qualified.
| 8 | | Each subsequent member shall be appointed in like manner | 9 | | for a term
of 6 years and until his or her successor is | 10 | | appointed and qualified. Each
member of the Board is eligible | 11 | | for reappointment. Vacancies shall be filled
in the same manner | 12 | | as original appointments for the balance of the unexpired
term.
| 13 | | (c) The chairman shall be paid $50,000 per year, or an | 14 | | amount set by
the Compensation Review Board, whichever is | 15 | | greater , until the expiration of the term of office in which | 16 | | the chairman is serving on the effective date of this | 17 | | amendatory Act of the 98th General Assembly; thereafter, the | 18 | | chairman shall serve without compensation . Other members of
the | 19 | | Board shall each be paid $45,000 per year, or an amount set by | 20 | | the
Compensation Review Board, whichever is greater , until the | 21 | | expiration of the terms of office in which the members are | 22 | | serving on the effective date of this amendatory Act of the | 23 | | 98th General Assembly; thereafter, the members shall serve | 24 | | without compensation . They shall be entitled
to reimbursement | 25 | | for necessary traveling and other official expenditures
| 26 | | necessitated by their official duties.
|
| | | HB3697 | - 26 - | LRB098 14310 OMW 48999 b |
|
| 1 | | Each member shall devote his entire time to the duties of | 2 | | the office,
and shall hold no other office or position of | 3 | | profit, nor engage in any
other business, employment or | 4 | | vocation.
| 5 | | (d) Three members of the Board constitute a quorum and a
| 6 | | vacancy on the Board does not impair the right of the remaining | 7 | | members to
exercise all of the powers of the Board.
| 8 | | (e) Any member of the Board may be removed by the Governor, | 9 | | upon notice,
for neglect of duty or malfeasance in office, but | 10 | | for no other cause.
| 11 | | (f) The Board may appoint or employ an executive director, | 12 | | attorneys,
hearing officers, and such other employees as it | 13 | | deems necessary to perform
its functions, except that the Board | 14 | | shall employ a minimum of 8 attorneys and 5 investigators. The | 15 | | Board shall prescribe the duties and qualifications of
such | 16 | | persons appointed and, subject to the annual appropriation, fix | 17 | | their
compensation and provide for reimbursement of actual and | 18 | | necessary expenses
incurred in the performance of their duties.
| 19 | | (g) The Board may promulgate rules and regulations which | 20 | | allow parties
in proceedings before the Board to be represented | 21 | | by counsel or any other
person knowledgeable in the matters | 22 | | under consideration.
| 23 | | (h) To accomplish the objectives and to carry out the | 24 | | duties prescribed
by this Act, the Board may subpoena | 25 | | witnesses, subpoena the production of
books, papers, records | 26 | | and documents which may be needed as evidence on
any matter |
| | | HB3697 | - 27 - | LRB098 14310 OMW 48999 b |
|
| 1 | | under inquiry and may administer oaths and affirmations.
| 2 | | In cases of neglect or refusal to obey a subpoena issued to | 3 | | any person,
the circuit court in the county in which the | 4 | | investigation or the public
hearing is taking place, upon | 5 | | application by the Board, may issue an order
requiring such | 6 | | person to appear before the Board or any member or agent
of the | 7 | | Board to produce evidence or give testimony. A failure to obey | 8 | | such
order may be punished by the court as in civil contempt.
| 9 | | Any subpoena, notice of hearing, or other process or notice | 10 | | of the Board
issued under the provisions of this Act may be | 11 | | served personally, by
registered mail or by leaving a copy at | 12 | | the principal office of the respondent
required to be served. A | 13 | | return, made and verified by the individual making
such service | 14 | | and setting forth the manner of such service, is proof of
| 15 | | service.
A post office receipt, when registered mail is used, | 16 | | is proof of service.
All process of any court to which | 17 | | application may be made under the provisions
of this Act may be | 18 | | served in the county where the persons required to be
served | 19 | | reside or may be found.
| 20 | | (i) The Board shall adopt, promulgate, amend, or rescind | 21 | | rules and
regulations in accordance with the Illinois | 22 | | Administrative
Procedure Act as it deems necessary and
feasible | 23 | | to carry out this Act.
| 24 | | (j) The Board at the end of every State fiscal year shall | 25 | | make a report in
writing to the Governor and the General | 26 | | Assembly, stating in detail the work
it has done in hearing and |
| | | HB3697 | - 28 - | LRB098 14310 OMW 48999 b |
|
| 1 | | deciding cases and otherwise.
| 2 | | (Source: P.A. 96-813, eff. 10-30-09.)
| 3 | | Section 55. The Liquor Control Act of 1934 is amended by | 4 | | changing Section 3-9 as follows:
| 5 | | (235 ILCS 5/3-9) (from Ch. 43, par. 105)
| 6 | | Sec. 3-9. Compensation of commissioners, secretary, and | 7 | | employees.
The chairman of the Commission shall receive an | 8 | | annual salary of $32,000
or such greater amount as may be set | 9 | | by the Compensation Review Board until the expiration of the | 10 | | term of office in which the chairman is serving on the | 11 | | effective date of this amendatory Act of the 98th General | 12 | | Assembly; thereafter, the chairman shall serve without | 13 | | compensation .
The other commissioners shall receive an annual | 14 | | salary of $28,000 or such
greater amount as may be set by the | 15 | | Compensation Review Board until the expiration of the terms of | 16 | | office in which the commissioners are serving on the effective | 17 | | date of this amendatory Act of the 98th General Assembly; | 18 | | thereafter, the commissioners shall serve without | 19 | | compensation .
The secretary of the Commission shall
receive an | 20 | | annual salary as set by the Compensation Review Board.
All | 21 | | clerks, inspectors, and employees of the Commission shall | 22 | | receive
reasonable compensation in an amount fixed by the | 23 | | Commission, subject to the
approval in writing of the Governor.
| 24 | | (Source: P.A. 91-798, eff. 7-9-00.)
|
| | | HB3697 | - 29 - | LRB098 14310 OMW 48999 b |
|
| 1 | | Section 60. The Coal Mining Act is amended by changing | 2 | | Section 8.04 as follows:
| 3 | | (225 ILCS 705/8.04) (from Ch. 96 1/2, par. 804)
| 4 | | Sec. 8.04.
Each miners' examining officer shall receive as | 5 | | compensation for his
services the sum of $7,500 per year or | 6 | | such greater
sum as may be set by the Compensation Review | 7 | | Board , until the expiration of the term of office in which the | 8 | | officer is serving on the effective date of this amendatory Act | 9 | | of the 98th General Assembly; thereafter, the officer shall | 10 | | serve without compensation .
He shall also receive his traveling
| 11 | | and other necessary expenses actually expended in the discharge | 12 | | of his
official duties. Salary and expenses of such
officers | 13 | | shall be paid monthly. All expense accounts shall be itemized
| 14 | | and verified by the examining officer receiving the same, and | 15 | | shall be
approved by the Director.
| 16 | | (Source: P.A. 85-1333.)
| 17 | | Section 65. The Illinois Horse Racing Act of 1975 is | 18 | | amended 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 date | 21 | | of this
amendatory Act of 1995, the Governor shall appoint, | 22 | | with the advice and consent
of the Senate, members to the Board |
| | | HB3697 | - 30 - | LRB098 14310 OMW 48999 b |
|
| 1 | | as follows: 3 members for terms expiring
July 1, 1996; 3 | 2 | | members for terms expiring July 1, 1998; and 3 members for
| 3 | | terms expiring July 1, 2000. Of the 2 additional members | 4 | | appointed pursuant
to this amendatory Act of the 91st General | 5 | | Assembly, the initial term of one
member shall expire on July | 6 | | 1, 2002 and the initial term of the other member
shall expire | 7 | | on July 1, 2004. Thereafter, the terms of office of the Board
| 8 | | members shall be 6 years. Incumbent members on the effective | 9 | | date of this
amendatory Act of 1995 shall continue to serve | 10 | | only until their successors are
appointed and have qualified.
| 11 | | Each member of the Board shall receive $300 per day for | 12 | | each day the Board
meets and for each day the member conducts a | 13 | | hearing pursuant to Section 16 of
this Act, provided that no | 14 | | Board member shall receive more than $5,000 in
such fees during | 15 | | any calendar year, or an amount set by the Compensation Review
| 16 | | Board, whichever is greater , until the expiration of the terms | 17 | | of office in which the members are serving on the effective | 18 | | date of this amendatory Act of the 98th General Assembly; | 19 | | thereafter, the members shall serve without compensation . | 20 | | Members of the Board shall
also be reimbursed for all actual | 21 | | and necessary expenses and disbursements
incurred in the
| 22 | | execution of their official duties.
| 23 | | (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
| 24 | | Section 70. The Toll Highway Act is amended by changing | 25 | | Sections 4 and 5 as follows:
|
| | | HB3697 | - 31 - | LRB098 14310 OMW 48999 b |
|
| 1 | | (605 ILCS 10/4) (from Ch. 121, par. 100-4)
| 2 | | Sec. 4.
Of the directors appointed by the Governor, one | 3 | | such director
shall be appointed by the Governor as chairman | 4 | | and shall hold office for
4 years from the date of his | 5 | | appointment, and until his successor shall
be duly appointed | 6 | | and qualified, but shall be subject to removal by the
Governor | 7 | | for incompetency, neglect of duty or malfeasance.
| 8 | | The chairman shall preside at all meetings of the Board of | 9 | | Directors
of the Authority; shall exercise general supervision | 10 | | over all powers,
duties, obligations and functions of the | 11 | | Authority; and shall approve or
disapprove all resolutions, | 12 | | by-laws, rules, rates and regulations made
and established by | 13 | | the Board of Directors, and if he shall approve
thereof, he | 14 | | shall sign the same, and such as he shall not approve he
shall | 15 | | return to the Board of Directors with his objections thereto in
| 16 | | writing at the next regular meeting of the Board of Directors | 17 | | occurring
after the passage thereof. Such veto may extend to | 18 | | any one or more items
contained in such resolution, by-law, | 19 | | rule, rate or regulation, or to
its entirety; and in case the | 20 | | veto extends to a part of such resolution,
by-law, rule, rate | 21 | | or regulation, the residue thereof shall take effect
and be in | 22 | | force, but in case the chairman shall fail to return any
| 23 | | resolution, by-law, rule, rate or regulation with his | 24 | | objections thereto
by the time aforesaid, he shall be deemed to | 25 | | have approved the same, and
the same shall take effect |
| | | HB3697 | - 32 - | LRB098 14310 OMW 48999 b |
|
| 1 | | accordingly. Upon the return of any
resolution, by-law, rule, | 2 | | rate or regulation by the chairman, the vote
by which the same | 3 | | was passed shall be reconsidered by the Board of
Directors, and | 4 | | if upon such reconsideration two-thirds of all the
Directors | 5 | | agree by yeas and nays to pass the same, it shall go into
| 6 | | effect notwithstanding the chairman's refusal to approve | 7 | | thereof.
| 8 | | The chairman shall receive a salary of $18,000 per annum, | 9 | | or as set by
the Compensation Review Board, whichever is | 10 | | greater, payable in
monthly installments, until the expiration | 11 | | of the term of office in which the chairman is serving on the | 12 | | effective date of this amendatory Act of the 98th General | 13 | | Assembly; thereafter, the chairman shall serve without | 14 | | compensation. Additionally the chairman shall be entitled to | 15 | | together with reimbursement for necessary expenses
incurred in | 16 | | the performance of his duties. The chairman shall be
eligible | 17 | | for reappointment.
| 18 | | (Source: P.A. 83-1177.)
| 19 | | (605 ILCS 10/5) (from Ch. 121, par. 100-5)
| 20 | | Sec. 5.
Of the original directors, other than the chairman, | 21 | | so appointed
by the Governor, 3 shall hold office for 2 years | 22 | | and 3 shall hold office
for 4 years, from the date of their | 23 | | appointment and until their
respective successors shall be duly | 24 | | appointed and qualified, but shall
be subject to removal by the | 25 | | Governor for incompetency, neglect of duty
or malfeasance. In |
| | | HB3697 | - 33 - | LRB098 14310 OMW 48999 b |
|
| 1 | | case of vacancies in such offices during the recess
of the | 2 | | Senate, the Governor shall make a temporary appointment until | 3 | | the
next meeting of the Senate when he shall nominate some | 4 | | person to fill such
office and any person so nominated, who is | 5 | | confirmed by the Senate, shall
hold office during the remainder | 6 | | of the term and until his successor shall
be appointed and | 7 | | qualified. The respective term of the first directors
appointed | 8 | | shall be designated by the Governor at the time of appointment,
| 9 | | but their successors shall each be appointed for a term of four | 10 | | years,
except that any person appointed to fill a vacancy shall | 11 | | serve only for the
unexpired term. Directors shall be eligible | 12 | | for reappointment.
| 13 | | In making the initial appointments of the 2 additional | 14 | | directors provided
for by this amendatory Act of 1980, the | 15 | | respective terms of the 2 additional
directors first appointed | 16 | | shall be designated by the Governor at the time
of appointment | 17 | | in such manner that the term of one such additional director
| 18 | | shall expire at the same time as the terms of 4 of the other | 19 | | directors and
the term of the other additional director shall | 20 | | expire at the same time
as the terms of 3 of the other | 21 | | directors; thereafter the terms shall be
4 years.
| 22 | | Each such director, other than ex officio members shall | 23 | | receive an
annual salary of $15,000, or as set by the | 24 | | Compensation Review Board,
whichever is greater, payable in | 25 | | monthly installments, until the expiration of the term of | 26 | | office in which the director is serving on the effective date |
| | | HB3697 | - 34 - | LRB098 14310 OMW 48999 b |
|
| 1 | | of this amendatory Act of the 98th General Assembly; | 2 | | thereafter, the director shall serve without compensation. | 3 | | Each director and shall be
reimbursed for necessary expenses | 4 | | incurred in the performance of his
duties.
| 5 | | (Source: P.A. 86-1164.)
| 6 | | Section 75. The Court of Claims Act is amended by changing | 7 | | Section 4 as follows:
| 8 | | (705 ILCS 505/4) (from Ch. 37, par. 439.4)
| 9 | | Sec. 4. Each judge shall receive an annual salary of: | 10 | | $20,900 from the
third Monday in January, 1979 to the third | 11 | | Monday in January, 1980;
$22,100 from the third Monday in | 12 | | January, 1980 to the third Monday in January,
1981; $23,400 | 13 | | from the third Monday in January, 1981 to the third Monday
in | 14 | | January, 1982, and $25,000 thereafter, or as set by the | 15 | | Compensation Review
Board, whichever is greater, payable in | 16 | | equal
monthly installments , until the expiration of the terms | 17 | | of office in which the judges are serving on the effective date | 18 | | of this amendatory Act of the 98th General Assembly; | 19 | | thereafter, the judges shall serve without compensation .
| 20 | | (Source: P.A. 83-1177.)
| 21 | | Section 80. The Illinois Human Rights Act is amended by | 22 | | changing Section 8-101 as follows:
|
| | | HB3697 | - 35 - | LRB098 14310 OMW 48999 b |
|
| 1 | | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
| 2 | | Sec. 8-101.
Illinois Human Rights Commission)
(A) | 3 | | Creation; Appointments. The Human Rights Commission is created | 4 | | to consist
of 13 members appointed by the Governor with the | 5 | | advice and consent of the
Senate. No more than 7 members shall | 6 | | be of the same political party. The
Governor shall designate | 7 | | one member as chairperson. All appointments shall
be in writing | 8 | | and filed with the Secretary of State as a public record.
| 9 | | (B) Terms. Of the members first appointed, 4 shall be | 10 | | appointed for a
term to expire on the third Monday of January, | 11 | | 1981, and 5 (including the
Chairperson) shall be appointed for | 12 | | a term to expire on the third Monday
of January, 1983.
| 13 | | Notwithstanding any provision of this Section to the | 14 | | contrary, the term
of office of each member of the Illinois | 15 | | Human Rights Commission is
abolished on July 29, 1985, but the
| 16 | | incumbent members shall continue to exercise all of the powers | 17 | | and be
subject to all of the duties of members of the | 18 | | Commission until
their respective successors are appointed and | 19 | | qualified. Subject to the
provisions of subsection (A), of the | 20 | | 9 members appointed under Public Act
84-115, effective July 29, | 21 | | 1985, 5 members shall be appointed for terms to
expire on the | 22 | | third Monday of January, 1987, and 4 members shall be
appointed | 23 | | for terms to expire on the third Monday of January, 1989; and
| 24 | | of the 4 additional members appointed under Public Act 84-1084,
| 25 | | effective December 2, 1985, two shall be
appointed for a term | 26 | | to expire on the third Monday of January, 1987, and
two members |
| | | HB3697 | - 36 - | LRB098 14310 OMW 48999 b |
|
| 1 | | shall be appointed for a term to expire on the third Monday
of | 2 | | January, 1989.
| 3 | | Thereafter, each member shall serve for a term of 4 years
| 4 | | and until his or her successor is appointed and qualified; | 5 | | except that any
member chosen to fill a vacancy occurring | 6 | | otherwise than by expiration of
a term shall be appointed only | 7 | | for the unexpired term of the member whom
he or she shall | 8 | | succeed and until his or her successor is appointed and
| 9 | | qualified.
| 10 | | (C) Vacancies. (1) In the case of vacancies on the | 11 | | Commission during
a recess of the Senate, the Governor shall | 12 | | make a temporary appointment
until the next meeting of the | 13 | | Senate when he or she shall appoint a person
to fill the | 14 | | vacancy. Any person so nominated and confirmed by the Senate
| 15 | | shall hold office for the remainder of the term and until his | 16 | | or her successor
is appointed and qualified.
| 17 | | (2) If the Senate is not in session at the time this Act | 18 | | takes effect,
the Governor shall make temporary appointments to | 19 | | the Commission as in the
case of vacancies.
| 20 | | (3) Vacancies in the Commission shall not impair the right | 21 | | of the remaining
members to exercise all the powers of the | 22 | | Commission. Except when authorized
by this Act to proceed | 23 | | through a 3 member panel, a majority of the members
of the | 24 | | Commission then in office shall constitute a quorum.
| 25 | | (D) Compensation. The Chairperson of the Commission shall | 26 | | be compensated
at the rate of $22,500 per year, or as set by |
| | | HB3697 | - 37 - | LRB098 14310 OMW 48999 b |
|
| 1 | | the Compensation Review
Board, whichever is greater, during his | 2 | | or her service as Chairperson, until the expiration of the term | 3 | | of office in which the Chairperson is serving on the effective | 4 | | date of this amendatory Act of the 98th General Assembly; | 5 | | thereafter, the Chairperson shall serve without compensation. | 6 | | Each other member of Commission
and each other member shall be | 7 | | compensated at the rate of $20,000 per
year, or as set by the | 8 | | Compensation Review Board, whichever is greater , until the | 9 | | expiration of the term of office in which the member is serving | 10 | | on the effective date of this amendatory Act of the 98th | 11 | | General Assembly; thereafter, the member shall serve without | 12 | | compensation .
In addition, all members of the Commission shall | 13 | | be reimbursed for expenses
actually and necessarily incurred by | 14 | | them
in the performance of their duties.
| 15 | | (Source: P.A. 84-1308 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
| | | | HB3697 | - 38 - | LRB098 14310 OMW 48999 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 315/5 | from Ch. 48, par. 1605 | | 4 | | 5 ILCS 430/20-5 | | | 5 | | 10 ILCS 5/1A-6.1 | from Ch. 46, par. 1A-6.1 | | 6 | | 15 ILCS 310/8a | from Ch. 124, par. 108a | | 7 | | 20 ILCS 5/5-340 | was 20 ILCS 5/9.30 | | 8 | | 20 ILCS 5/5-380 | was 20 ILCS 5/9.04 | | 9 | | 20 ILCS 415/7d | from Ch. 127, par. 63b107d | | 10 | | 20 ILCS 2610/5 | from Ch. 121, par. 307.5 | | 11 | | 35 ILCS 200/7-10 | | | 12 | | 70 ILCS 3605/19 | from Ch. 111 2/3, par. 319 | | 13 | | 115 ILCS 5/5 | from Ch. 48, par. 1705 | | 14 | | 235 ILCS 5/3-9 | from Ch. 43, par. 105 | | 15 | | 225 ILCS 705/8.04 | from Ch. 96 1/2, par. 804 | | 16 | | 230 ILCS 5/5 | from Ch. 8, par. 37-5 | | 17 | | 605 ILCS 10/4 | from Ch. 121, par. 100-4 | | 18 | | 605 ILCS 10/5 | from Ch. 121, par. 100-5 | | 19 | | 705 ILCS 505/4 | from Ch. 37, par. 439.4 | | 20 | | 775 ILCS 5/8-101 | from Ch. 68, par. 8-101 |
| |
|