Full Text of SB0628 097th General Assembly
SB0628 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0628 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
| 115 ILCS 5/5 | from Ch. 48, par. 1705 |
| Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning the Illinois Educational Labor Relations
Board.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Educational Labor Relations Act is | 5 | | amended by changing Section 5 as follows:
| 6 | | (115 ILCS 5/5) (from Ch. 48, par. 1705)
| 7 | | Sec. 5. Illinois Educational Labor Relations Board.
| 8 | | (a) There is hereby created the
the Illinois Educational | 9 | | Labor Relations
Board. | 10 | | (a-5) Until July 1, 2003 or when all of the new members to | 11 | | be initially
appointed under this amendatory Act of the 93rd | 12 | | General Assembly have been
appointed by the Governor, whichever | 13 | | occurs later, the Illinois Educational
Labor Relations Board | 14 | | shall consist of 7 members, no more
than 4 of whom may be of the | 15 | | same political party, who are residents of
Illinois appointed | 16 | | by the Governor with the advice and consent of the Senate.
| 17 | | The term of each appointed member of the Board
who is in | 18 | | office on June 30, 2003 shall terminate at the close of | 19 | | business
on that date or when all of the new members to be | 20 | | initially appointed under
this amendatory Act of the 93rd | 21 | | General Assembly have been appointed by the
Governor, whichever | 22 | | occurs later.
| 23 | | (b) Beginning on July 1, 2003 or when all of the new |
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| 1 | | members to be
initially appointed under this amendatory Act of | 2 | | the 93rd General Assembly
have been appointed by the Governor, | 3 | | whichever occurs later, the Illinois
Educational Labor | 4 | | Relations Board shall consist of 5 members appointed by
the | 5 | | Governor with the advice and consent of the Senate. No more | 6 | | than 3
members may be of the same political party.
| 7 | | The Governor shall appoint to the Board only persons who | 8 | | are residents of
Illinois and have had a minimum of 5 years of | 9 | | experience directly related
to labor and employment relations | 10 | | in representing educational employers or
educational employees | 11 | | in collective bargaining matters. One appointed member
shall be | 12 | | designated at the time of his or her appointment to serve as | 13 | | chairman.
| 14 | | Of the initial members appointed pursuant to this
| 15 | | amendatory Act of the 93rd General Assembly, 2 shall be
| 16 | | designated at the time of appointment to serve a term of 6
| 17 | | years, 2 shall be designated at the time of appointment to | 18 | | serve a term
of 4 years, and the other shall be designated at | 19 | | the time of his or her
appointment to serve a term of 4 years, | 20 | | with each to serve until his or her
successor is appointed and | 21 | | qualified.
| 22 | | Each subsequent member shall be appointed in like manner | 23 | | for a term
of 6 years and until his or her successor is | 24 | | appointed and qualified. Each
member of the Board is eligible | 25 | | for reappointment. Vacancies shall be filled
in the same manner | 26 | | as original appointments for the balance of the unexpired
term.
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| 1 | | (c) The chairman shall be paid $50,000 per year, or an | 2 | | amount set by
the Compensation Review Board, whichever is | 3 | | greater. Other members of
the Board shall each be paid $45,000 | 4 | | per year, or an amount set by the
Compensation Review Board, | 5 | | whichever is greater. They shall be entitled
to reimbursement | 6 | | for necessary traveling and other official expenditures
| 7 | | necessitated by their official duties.
| 8 | | Each member shall devote his entire time to the duties of | 9 | | the office,
and shall hold no other office or position of | 10 | | profit, nor engage in any
other business, employment or | 11 | | vocation.
| 12 | | (d) Three members of the Board constitute a quorum and a
| 13 | | vacancy on the Board does not impair the right of the remaining | 14 | | members to
exercise all of the powers of the Board.
| 15 | | (e) Any member of the Board may be removed by the Governor, | 16 | | upon notice,
for neglect of duty or malfeasance in office, but | 17 | | for no other cause.
| 18 | | (f) The Board may appoint or employ an executive director, | 19 | | attorneys,
hearing officers, and such other employees as it | 20 | | deems necessary to perform
its functions, except that the Board | 21 | | shall employ a minimum of 8 attorneys and 5 investigators. The | 22 | | Board shall prescribe the duties and qualifications of
such | 23 | | persons appointed and, subject to the annual appropriation, fix | 24 | | their
compensation and provide for reimbursement of actual and | 25 | | necessary expenses
incurred in the performance of their duties.
| 26 | | (g) The Board may promulgate rules and regulations which |
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| 1 | | allow parties
in proceedings before the Board to be represented | 2 | | by counsel or any other
person knowledgeable in the matters | 3 | | under consideration.
| 4 | | (h) To accomplish the objectives and to carry out the | 5 | | duties prescribed
by this Act, the Board may subpoena | 6 | | witnesses, subpoena the production of
books, papers, records | 7 | | and documents which may be needed as evidence on
any matter | 8 | | under inquiry and may administer oaths and affirmations.
| 9 | | In cases of neglect or refusal to obey a subpoena issued to | 10 | | any person,
the circuit court in the county in which the | 11 | | investigation or the public
hearing is taking place, upon | 12 | | application by the Board, may issue an order
requiring such | 13 | | person to appear before the Board or any member or agent
of the | 14 | | Board to produce evidence or give testimony. A failure to obey | 15 | | such
order may be punished by the court as in civil contempt.
| 16 | | Any subpoena, notice of hearing, or other process or notice | 17 | | of the Board
issued under the provisions of this Act may be | 18 | | served personally, by
registered mail or by leaving a copy at | 19 | | the principal office of the respondent
required to be served. A | 20 | | return, made and verified by the individual making
such service | 21 | | and setting forth the manner of such service, is proof of
| 22 | | service.
A post office receipt, when registered mail is used, | 23 | | is proof of service.
All process of any court to which | 24 | | application may be made under the provisions
of this Act may be | 25 | | served in the county where the persons required to be
served | 26 | | reside or may be found.
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| 1 | | (i) The Board shall adopt, promulgate, amend, or rescind | 2 | | rules and
regulations in accordance with the Illinois | 3 | | Administrative
Procedure Act as it deems necessary and
feasible | 4 | | to carry out this Act.
| 5 | | (j) The Board at the end of every State fiscal year shall | 6 | | make a report in
writing to the Governor and the General | 7 | | Assembly, stating in detail the work
it has done in hearing and | 8 | | deciding cases and otherwise.
| 9 | | (Source: P.A. 96-813, eff. 10-30-09.)
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