Illinois General Assembly - Full Text of SB2003
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Full Text of SB2003  93rd General Assembly

SB2003enr 93rd General Assembly


093_SB2003enr

 
SB2003 Enrolled                      LRB093 08500 RCE 08724 b

 1        AN ACT concerning boards and commissions.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5-315.   The Illinois Public Labor Relations Act
 5    is 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;
 8    Local 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
16    units  of  local  government  and  school  districts  with  a
17    population  not  in  excess of 2 million persons, and between
18    employee  organizations  and  the   Regional   Transportation
19    Authority.
20        The  State  Panel shall consist of 5 members appointed by
21    the Governor, with the advice and consent of the Senate.  The
22    Governor shall appoint to the State Panel  only  persons  who
23    have  had a minimum of 5 years of experience directly related
24    to labor and  employment  relations  in  representing  public
25    employers,  private  employers  or  labor  organizations;  or
26    teaching  labor  or  employment  relations;  or administering
27    executive  orders  or  regulations  applicable  to  labor  or
28    employment relations.  At the time of his or her appointment,
29    each member of the State Panel shall be an Illinois resident.
30    The Governor shall designate  one  member  to  serve  as  the
31    Chairman of the State Panel and the Board.
 
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 1        Notwithstanding  any other provision of this Section, the
 2    term of each member of the State Panel who was  appointed  by
 3    the  Governor  and  is  in  office  on  June  30,  2003 shall
 4    terminate at the close of business on that date or  when  all
 5    of  the  successor  members  to be appointed pursuant to this
 6    amendatory  Act  of  the  93rd  General  Assembly  have  been
 7    appointed by the Governor, whichever occurs later.   As  soon
 8    as  possible,  the Governor shall appoint persons to fill the
 9    vacancies created by this amendatory Act.
10        The initial appointments under this amendatory Act of the
11    93rd 91st General Assembly shall be  for  terms  as  follows:
12    The  Chairman  shall initially be appointed for a term ending
13    on the 4th Monday in January, 2007 2001; 2 members  shall  be
14    initially  appointed  for  terms  ending on the 4th Monday in
15    January, 2006 2002; one member shall be  initially  appointed
16    for  a  term  ending on the 4th Monday in January, 2005 2003;
17    and one member shall be initially appointed for a term ending
18    on the 4th Monday in January, 2004.  Each  subsequent  member
19    shall  be  appointed for a term of 4 years, commencing on the
20    4th Monday in January.  Upon expiration of the term of office
21    of any appointive member, that member shall continue to serve
22    until a successor shall be appointed and qualified.  In  case
23    of a vacancy, a successor shall be appointed to serve for the
24    unexpired  portion  of  the  term.   If  the Senate is not in
25    session at the time the initial appointments  are  made,  the
26    Governor shall make temporary appointments in the same manner
27    successors  are  appointed  to  fill  vacancies.  A temporary
28    appointment shall remain in effect no longer than 20 calendar
29    days after the commencement of the next Senate session.
30        (b)  The  Local  Panel  shall  have   jurisdiction   over
31    collective  bargaining  agreement  matters  between  employee
32    organizations and units of local government with a population
33    in  excess  of  2 million persons, but excluding the Regional
34    Transportation Authority.
 
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 1        The Local Panel shall consist of one person appointed  by
 2    the  Governor  with the advice and consent of the Senate (or,
 3    if no such person is appointed, the  Chairman  of  the  State
 4    Panel) and two additional members, one appointed by the Mayor
 5    of  the City of Chicago and one appointed by the President of
 6    the Cook County Board of Commissioners.   Appointees  to  the
 7    Local  Panel must have had a minimum of 5 years of experience
 8    directly  related  to  labor  and  employment  relations   in
 9    representing  public  employers,  private  employers or labor
10    organizations; or teaching labor or employment relations;  or
11    administering  executive  orders or regulations applicable to
12    labor or employment relations.   Each  member  of  the  Local
13    Panel shall be an Illinois resident at the time of his or her
14    appointment.  The member appointed by the Governor (or, if no
15    such  person  is  appointed, the Chairman of the State Panel)
16    shall serve as the Chairman of the Local Panel.
17        Notwithstanding any other provision of this Section,  the
18    term  of  the  member of the Local Panel who was appointed by
19    the Governor  and  is  in  office  on  June  30,  2003  shall
20    terminate  at  the close of business on that date or when his
21    or  her  successor  has  been  appointed  by  the   Governor,
22    whichever  occurs  later.   As soon as possible, the Governor
23    shall appoint a person to fill the vacancy  created  by  this
24    amendatory   Act.    The   initial   appointment  under  this
25    amendatory Act of the 93rd General Assembly shall  be  for  a
26    term ending on the 4th Monday in January, 2007.
27        The initial appointments under this amendatory Act of the
28    91st  General  Assembly  shall  be for terms as follows:  The
29    member appointed by the Governor shall initially be appointed
30    for a term ending on the 4th Monday  in  January,  2001;  the
31    member  appointed  by  the President of the Cook County Board
32    shall be initially appointed for a term  ending  on  the  4th
33    Monday  in  January,  2003;  and  the member appointed by the
34    Mayor of the City of Chicago shall be initially appointed for
 
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 1    a term ending on the  4th  Monday  in  January,  2004.   Each
 2    subsequent  member  shall be appointed for a term of 4 years,
 3    commencing on the 4th Monday in January.  Upon expiration  of
 4    the term of office of any appointive member, the member shall
 5    continue  to  serve  until a successor shall be appointed and
 6    qualified.  In the case of a vacancy, a  successor  shall  be
 7    appointed by the applicable appointive authority to serve for
 8    the unexpired portion of the term.
 9        (c)  Three  members of the State Panel shall at all times
10    constitute a quorum.  Two members of the Local Panel shall at
11    all times constitute a quorum.  A vacancy on a panel does not
12    impair the right of the remaining members to exercise all  of
13    the powers of that panel.  Each panel shall adopt an official
14    seal  which  shall  be judicially noticed.  The salary of the
15    Chairman of the State Panel shall be $82,429 per year, or  as
16    set  by  the Compensation Review Board, whichever is greater,
17    and that of the other members of the State and  Local  Panels
18    shall  be  $74,188  per  year,  or as set by the Compensation
19    Review Board, whichever is greater.
20        (d)  Each member shall devote his or her entire  time  to
21    the  duties  of the office, and shall hold no other office or
22    position  of  profit,  nor  engage  in  any  other  business,
23    employment, or vocation.  No  member  shall  hold  any  other
24    public  office  or  be  employed  as  a  labor  or management
25    representative by the State or any political  subdivision  of
26    the State or of any department or agency thereof, or actively
27    represent  or  act  on  behalf  of an employer or an employee
28    organization or an employer in labor relations matters.   Any
29    member  of  the State Panel may be removed from office by the
30    Governor for inefficiency, neglect  of  duty,  misconduct  or
31    malfeasance  in office, and for no other cause, and only upon
32    notice and hearing.  Any member of the  Local  Panel  may  be
33    removed  from  office  by the applicable appointive authority
34    for inefficiency, neglect of duty, misconduct or  malfeasance
 
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 1    in  office,  and for no other cause, and only upon notice and
 2    hearing.
 3        (e)  Each panel at the end of  every  State  fiscal  year
 4    shall  make  a  report  in  writing  to  the Governor and the
 5    General Assembly, stating in detail the work it has  done  in
 6    hearing and deciding cases and otherwise.
 7        (f)  In  order to accomplish the objectives and carry out
 8    the duties prescribed by this Act, a panel or its  authorized
 9    designees  may  hold  elections  to determine whether a labor
10    organization has majority status; investigate and attempt  to
11    resolve  or  settle  charges  of unfair labor practices; hold
12    hearings in order to carry out  its  functions;  develop  and
13    effectuate  appropriate  impasse  resolution  procedures  for
14    purposes  of resolving labor disputes; require the appearance
15    of witnesses and the production of  evidence  on  any  matter
16    under  inquiry;  and  administer oaths and affirmations.  The
17    panels shall sign and report in full an opinion in every case
18    which they decide.
19        (g)  Each  panel  may  appoint  or  employ  an  executive
20    director,    attorneys,    hearing    officers,    mediators,
21    fact-finders, arbitrators, and such other employees as it may
22    deem necessary  to  perform  its  functions.   The  governing
23    boards  shall prescribe the duties and qualifications of such
24    persons appointed and, subject to the  annual  appropriation,
25    fix  their  compensation  and  provide  for  reimbursement of
26    actual and necessary expenses incurred in the performance  of
27    their duties.
28        (h)  Each  panel  shall exercise general supervision over
29    all attorneys which it employs and  over  the  other  persons
30    employed  to  provide  necessary  support  services  for such
31    attorneys.  The panels shall have final authority in  respect
32    to complaints brought pursuant to this Act.
33        (i)  The following rules and regulations shall be adopted
34    by  the panels meeting in joint session: (1) procedural rules
 
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 1    and regulations which shall govern all Board proceedings; (2)
 2    procedures   for    election    of    exclusive    bargaining
 3    representatives   pursuant  to  Section  9,  except  for  the
 4    determination  of  appropriate  bargaining  units;  and   (3)
 5    appointment  of  counsel  pursuant  to subsection (k) of this
 6    Section.
 7        (j)  Rules and regulations may  be  adopted,  amended  or
 8    rescinded  only  upon a vote of 5 of the members of the State
 9    and Local Panels meeting in  joint  session.   The  adoption,
10    amendment  or rescission of rules and regulations shall be in
11    conformity   with   the   requirements   of   the    Illinois
12    Administrative Procedure Act.
13        (k)  The  panels  in joint session shall promulgate rules
14    and regulations providing for the appointment of attorneys or
15    other Board representatives to represent  persons  in  unfair
16    labor  practice  proceedings before a panel.  The regulations
17    governing  appointment  shall  require   the   applicant   to
18    demonstrate an inability to pay for or inability to otherwise
19    provide  for  adequate  representation  before a panel.  Such
20    rules must also provide: (1) that  an  attorney  may  not  be
21    appointed  in  cases  which,  in  the opinion of a panel, are
22    clearly without merit; (2) the  stage  of  the  unfair  labor
23    proceeding  at  which  counsel will be appointed; and (3) the
24    circumstances under which a client will be allowed to  select
25    counsel.
26        (1)  The panels in joint session may promulgate rules and
27    regulations which allow parties in proceedings before a panel
28    to  be  represented by counsel or any other representative of
29    the party's choice.
30        (m)  The Chairman of  the  State  Panel  shall  serve  as
31    Chairman  of a joint session of the panels.  Attendance of at
32    least 2 members of the State Panel and at least one member of
33    the  Local  Panel,  in  addition  to  the   Chairman,   shall
34    constitute  a  quorum  at  a joint session.  The panels shall
 
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 1    meet in joint session at least annually.
 2    (Source: P.A. 91-798, eff. 7-9-00.)

 3        Section 115-5.  The Illinois Educational Labor  Relations
 4    Act is amended by changing Section 5 as follows:

 5        (115 ILCS 5/5) (from Ch. 48, par. 1705)
 6        Sec. 5.  Illinois Educational Labor Relations Board.
 7        (a)  There  is  hereby  created  the Illinois Educational
 8    Labor Relations Board.
 9        (a-5)  Until July 1, 2003 or when all of the new  members
10    to  be  initially  appointed under this amendatory Act of the
11    93rd General Assembly have been appointed  by  the  Governor,
12    whichever   occurs  later,  the  Illinois  Educational  Labor
13    Relations Board shall consist consisting  of  7  members,  no
14    more  than  4 of whom may be of the same political party, who
15    are residents of Illinois appointed by the Governor with  the
16    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,
22    whichever occurs later.
23        (b)  Beginning on July 1, 2003 or when  all  of  the  new
24    members  to  be initially appointed under this amendatory Act
25    of the 93rd General  Assembly  have  been  appointed  by  the
26    Governor,  whichever  occurs  later, the Illinois Educational
27    Labor Relations Board shall consist of 5 members appointed by
28    the Governor with the advice and consent of the  Senate.   No
29    more than 3 members may be of the same political party.
30        The  Governor shall appoint to the Board only persons who
31    are residents of Illinois and have had a minimum of  5  years
32    of  experience  directly  related  to  labor  and  employment
 
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 1    relations    in   representing   educational   employers   or
 2    educational employees in collective bargaining matters.   One
 3    appointed  member  shall  be designated at the time of his or
 4    her appointment to serve as chairman.
 5        Of the initial 2 additional members appointed pursuant to
 6    this amendatory Act of the 93rd General Assembly, 2 1997, one
 7    shall be designated at the time of his or her appointment  to
 8    serve a term of 6 years, 2 shall be designated at the time of
 9    appointment  to serve a term of 4 years,  and the other shall
10    be designated at the time of his or her appointment to  serve
11    a  term  of  4  years,  with  each  to serve until his or her
12    successor is appointed  and  qualified.   In  the  event  the
13    Senate is not in session at the time the 2 additional members
14    are  appointed  pursuant  to this amendatory Act of 1997, the
15    Governor  shall  make   those   appointments   as   temporary
16    appointments  until  the  next  meeting of the Senate when he
17    shall appoint, by and with the  advice  and  consent  of  the
18    Senate,  2  persons  to  fill  those  memberships  for  their
19    unexpired terms.  The 2 additional members appointed pursuant
20    to  this  amendatory  Act  of the 91st General Assembly shall
21    each serve initial terms of 6 years.
22        (b)  Each subsequent member shall be  appointed  in  like
23    manner  for  a term of 6 years and until his or her successor
24    is appointed and qualified.  Each  member  of  the  Board  is
25    eligible for reappointment.  Vacancies shall be filled in the
26    same  manner  as original appointments for the balance of the
27    unexpired term.
28        (c)  The chairman shall be paid $50,000 per year,  or  an
29    amount  set  by  the  Compensation Review Board, whichever is
30    greater.  Other members of  the  Board  shall  each  be  paid
31    $45,000 per year, or an amount set by the Compensation Review
32    Board,  whichever  is  greater.   They  shall  be entitled to
33    reimbursement for  necessary  traveling  and  other  official
34    expenditures necessitated by their official duties.
 
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 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  Four members of the Board constitute a quorum
 6    and a vacancy on the Board does not impair the right  of  the
 7    remaining members to exercise all of the powers of the Board.
 8        (e)  Any  member  of  the  Board  may  be  removed by the
 9    Governor, upon notice, for neglect of duty or malfeasance  in
10    office, but for no other cause.
11        (f)  The   Board  may  appoint  or  employ  an  executive
12    director,  attorneys,  hearing  officers,  and   such   other
13    employees  as  it  deems  necessary to perform its functions.
14    The Board shall prescribe the duties  and  qualifications  of
15    such   persons   appointed   and,   subject   to  the  annual
16    appropriation,  fix  their  compensation  and   provide   for
17    reimbursement  of  actual  and necessary expenses incurred in
18    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
21    represented  by  counsel or any other person knowledgeable in
22    the matters 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
27    under inquiry and may administer oaths and affirmations.
28        In  cases of neglect or refusal to obey a subpoena issued
29    to any person, the circuit court in the county in  which  the
30    investigation  or  the  public  hearing is taking place, upon
31    application by the Board, may issue an order  requiring  such
32    person  to  appear before the Board or any member or agent of
33    the Board to produce evidence or give testimony. A failure to
34    obey such order may be punished by  the  court  as  in  civil
 
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 1    contempt.
 2        Any  subpoena,  notice  of  hearing,  or other process or
 3    notice of the Board issued under the provisions of  this  Act
 4    may  be served personally, by registered mail or by leaving a
 5    copy at the principal office of the respondent required to be
 6    served. A return, made and verified by the individual  making
 7    such service and setting forth the manner of such service, is
 8    proof  of  service.    A post office receipt, when registered
 9    mail is used, is proof of service.  All process of any  court
10    to which application may be made under the provisions of this
11    Act may be served in the county where the persons required to
12    be served reside or may be found.
13        (i)  The Board shall adopt, promulgate, amend, or rescind
14    rules  and  regulations  in accordance with the "The Illinois
15    Administrative Procedure Act", as now or  hereafter  amended,
16    as it deems necessary and feasible to carry out this Act.
17        (j)  The  Board  at  the  end  of every State fiscal year
18    shall make a report  in  writing  to  the  Governor  and  the
19    General  Assembly,  stating in detail the work it has done in
20    hearing and deciding cases and otherwise.
21    (Source: P.A. 90-548, eff. 1-1-98; 91-798, eff. 7-9-00.)

22        Section  415-5.   The  Environmental  Protection  Act  is
23    amended by changing Section 5 as follows:

24        (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
25        Sec. 5. Pollution Control Board.
26        (a)  There is hereby created an independent board  to  be
27    known as the Pollution Control Board. , consisting
28        Until  July  1, 2003 or when all of the new members to be
29    initially appointed under this amendatory  Act  of  the  93rd
30    General   Assembly  have  been  appointed  by  the  Governor,
31    whichever  occurs  later,  the  Board  shall  consist  of   7
32    technically  qualified members, no more than 4 of whom may be
 
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 1    of the same political party, to be appointed by the  Governor
 2    with the advice and consent of the Senate.
 3        The  term of each appointed member of the Board who is in
 4    office on June 30, 2003  shall  terminate  at  the  close  of
 5    business  on  that  date or when all of the new members to be
 6    initially appointed under this amendatory  Act  of  the  93rd
 7    General   Assembly  have  been  appointed  by  the  Governor,
 8    whichever occurs later.
 9        Beginning on July 1, 2003 or when all of the new  members
10    to  be  initially  appointed under this amendatory Act of the
11    93rd General Assembly have been appointed  by  the  Governor,
12    whichever   occurs  later,  the  Board  shall  consist  of  5
13    technically qualified members, no more than 3 of whom may  be
14    of  the same political party, to be appointed by the Governor
15    with the advice and consent of  the  Senate.   Members  shall
16    have  verifiable technical, academic, or actual experience in
17    the field of  pollution  control  or  environmental  law  and
18    regulation.
19        Of  the  members  initially  appointed  pursuant  to this
20    amendatory Act of the 93rd General  Assembly,  one  shall  be
21    appointed  for  a  term  ending  July  1,  2004,  2  shall be
22    appointed for terms ending July  1,  2005,  and  2  shall  be
23    appointed  for  terms  ending  July 1, 2006.  Thereafter, all
24    members shall hold office for 3 years from the first  day  of
25    July in the year in which they were appointed, except in case
26    of an appointment to fill a vacancy.  In case of a vacancy in
27    the  office  when  the Senate is not in session, the Governor
28    may make a temporary appointment until the  next  meeting  of
29    the Senate, when he or she shall nominate some person to fill
30    such office; and any person so nominated, who is confirmed by
31    the Senate, shall hold the office during the remainder of the
32    term.
33        Members  of  the  Board  shall  hold  office  until their
34    respective successors have been appointed and qualified.  Any
 
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 1    member may resign  from  office,  such  resignation  to  take
 2    effect when a successor has been appointed and has qualified.
 3        Board members shall be paid $37,000 per year or an amount
 4    set  by  the Compensation Review Board, whichever is greater,
 5    and the Chairman shall be paid $43,000 per year or an  amount
 6    set  by  the Compensation Review Board, whichever is greater.
 7    Each member shall devote his or her entire time to the duties
 8    of the office, and shall hold no other office or position  of
 9    profit,  nor  engage  in  any  other business, employment, or
10    vocation.  Each  member  shall  be  reimbursed  for  expenses
11    necessarily   incurred,   shall   devote  full  time  to  the
12    performance of his or her duties and shall make  a  financial
13    disclosure upon appointment.
14        Each  Board  member  may  employ  one  secretary  and one
15    assistant, and the Chairman one secretary and  2  assistants.
16    The  Board also may employ and compensate hearing officers to
17    preside at hearings under this Act, and such other  personnel
18    as  may  be  necessary.   Hearing officers shall be attorneys
19    licensed to practice law in Illinois.
20        The Board may have an  Executive  Director;  if  so,  the
21    Executive  Director  shall  be appointed by the Governor with
22    the advice and consent of the Senate.  The salary and  duties
23    of the Executive Director shall be fixed by the Board.
24        The  Governor  shall  designate  one  Board  member to be
25    Chairman, who shall serve at the pleasure of the Governor.
26        The Board shall hold at least one meeting each month  and
27    such additional meetings as may be prescribed by Board rules.
28    In  addition,  special meetings may be called by the Chairman
29    or by any 2 Board members, upon delivery of 24 hours  written
30    notice  to  the  office  of  each member.  All Board meetings
31    shall be open  to  the  public,  and  public  notice  of  all
32    meetings  shall be given at least 24 hours in advance of each
33    meeting.  In emergency situations in which a majority of  the
34    Board   certifies   that   exigencies  of  time  require  the
 
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 1    requirements of public notice and of 24 hour  written  notice
 2    to  members  may  be  dispensed with, and Board members shall
 3    receive such notice as is reasonable under the circumstances.
 4        If there is no vacancy on the Board,  4  members  of  the
 5    Board   shall  constitute  a  quorum  to  transact  business;
 6    otherwise, a majority of the Board shall constitute a  quorum
 7    to  transact  business, and no vacancy shall impair the right
 8    of the remaining members to exercise all of the powers of the
 9    Board.  Every action approved by a majority of the members of
10    the Board shall be deemed to be the action of the Board. Four
11    members of the Board shall constitute a quorum, and  4  votes
12    shall  be  required for any final determination by the Board,
13    except in a proceeding to remove a seal under  paragraph  (d)
14    of  Section  34 of this Act.  The Board shall keep a complete
15    and accurate record of all its meetings.
16        (b)  The Board shall determine, define and implement  the
17    environmental  control  standards  applicable in the State of
18    Illinois and may adopt rules and  regulations  in  accordance
19    with Title VII of this Act.
20        (c)  The  Board shall have authority to act for the State
21    in regard to the adoption of standards for submission to  the
22    United  States under any federal law respecting environmental
23    protection.  Such standards shall be  adopted  in  accordance
24    with  Title  VII  of  the  Act  and  upon  adoption  shall be
25    forwarded  to  the  Environmental   Protection   Agency   for
26    submission  to  the United States pursuant to subsections (l)
27    and (m) of Section 4 of this Act.  Nothing in this  paragraph
28    shall  limit  the  discretion  of  the  Governor  to delegate
29    authority granted to the Governor under any federal law.
30        (d)  The  Board   shall   have   authority   to   conduct
31    proceedings  upon complaints charging violations of this Act,
32    any rule or regulation adopted under this Act, or any  permit
33    or  term  or  condition  of  a  permit;  upon  administrative
34    citations;   upon   petitions   for   variances  or  adjusted
 
SB2003 Enrolled            -14-      LRB093 08500 RCE 08724 b
 1    standards; upon petitions for review of  the  Agency's  final
 2    determinations  on  permit  applications  in  accordance with
 3    Title X of this Act; upon petitions  to  remove  seals  under
 4    Section  34  of this Act; and upon other petitions for review
 5    of final determinations which are made pursuant to  this  Act
 6    or  Board rule and which involve a subject which the Board is
 7    authorized to regulate.  The Board  may  also  conduct  other
 8    proceedings  as  may  be  provided  by  this Act or any other
 9    statute or rule.
10        (e)  In  connection  with  any  proceeding  pursuant   to
11    subsection (b) or (d) of this Section, the Board may subpoena
12    and  compel the attendance of witnesses and the production of
13    evidence reasonably necessary to  resolution  of  the  matter
14    under  consideration.   The  Board shall issue such subpoenas
15    upon  the  request  of  any  party  to  a  proceeding   under
16    subsection (d) of this Section or upon its own motion.
17        (f)  The  Board may prescribe reasonable fees for permits
18    required pursuant to this Act.  Such fees  in  the  aggregate
19    may  not  exceed  the  total  cost  to  the  Agency  for  its
20    inspection  and  permit systems.  The Board may not prescribe
21    any permit fees which are  different  in  amount  from  those
22    established by this Act.
23    (Source: P.A. 92-574, eff. 6-26-02.)

24        Section  730-5.   The  Unified  Code  of  Corrections  is
25    amended by changing Section 3-3-1 as follows:

26        (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
27        Sec.  3-3-1.   Establishment  and Appointment of Prisoner
28    Review Board.
29        (a)  There shall be a Prisoner Review  Board  independent
30    of the Department of Corrections which shall be:
31             (1)  the  paroling  authority  for persons sentenced
32        under the law in effect  prior to the effective  date  of
 
SB2003 Enrolled            -15-      LRB093 08500 RCE 08724 b
 1        this amendatory Act of 1977;
 2             (2)  the  board  of  review  for cases involving the
 3        revocation of good conduct credits  or  a  suspension  or
 4        reduction in the rate of accumulating such credit;
 5             (3)  the  board of review and recommendation for the
 6        exercise of executive clemency by the Governor;
 7             (4)  the authority for  establishing  release  dates
 8        for   certain   prisoners  sentenced  under  the  law  in
 9        existence prior to the effective date of this  amendatory
10        Act  of  1977, in accordance with Section 3-3-2.1 of this
11        Code;
12             (5)  the authority for setting conditions for parole
13        and mandatory supervised release under  Section  5-8-1(a)
14        of  this  Code,  and  determining  whether a violation of
15        those  conditions  warrant  revocation   of   parole   or
16        mandatory  supervised  release or the imposition of other
17        sanctions.
18        (b)  The Board shall consist of 15 persons  appointed  by
19    the  Governor  by  and  with  the  advice  and consent of the
20    Senate.  One member of the Board shall be designated  by  the
21    Governor  to  be  Chairman and shall serve as Chairman at the
22    pleasure of the Governor.  The members  of  the  Board  shall
23    have  had at least 5 years of actual experience in the fields
24    of penology, corrections work,  law  enforcement,  sociology,
25    law,  education,  social  work,  medicine,  psychology, other
26    behavioral sciences, or a combination thereof.   At  least  6
27    members   so  appointed  must  have  had  at  least  3  years
28    experience in the field of juvenile matters.  No more than  8
29    Board members may be members of the same political party.
30        Each  member of the Board shall serve on a full-time full
31    time basis and shall  not  hold  any  other  salaried  public
32    office,  whether elective or appointive, nor any other office
33    or position of profit, nor  engage  in  any  other  business,
34    employment,  or  vocation.   The  Chairman of the Board shall
 
SB2003 Enrolled            -16-      LRB093 08500 RCE 08724 b
 1    receive $35,000 a year, or an amount set by the  Compensation
 2    Review  Board,  whichever  is  greater, and each other member
 3    $30,000, or an amount set by the Compensation  Review  Board,
 4    whichever is greater.
 5        (c)  Notwithstanding any other provision of this Section,
 6    the term of each member of the Board who was appointed by the
 7    Governor and is in office on June 30, 2003 shall terminate at
 8    the  close  of  business  on  that  date  or  when all of the
 9    successor members to be appointed pursuant to this amendatory
10    Act of the 93rd General Assembly have been appointed  by  the
11    Governor,  whichever  occurs later.  As soon as possible, the
12    Governor shall appoint persons to fill the vacancies  created
13    by this amendatory Act.
14        The  terms  of the present members of the Prisoner Review
15    Board shall expire on the effective date of  this  amendatory
16    Act  of  1985,  but  the  incumbent members shall continue to
17    exercise all of the powers and be subject to all  the  duties
18    of members of the Board until their respective successors are
19    appointed and qualified.
20        Of  the  initial  members appointed under this amendatory
21    Act of the 93rd General Assembly, the Governor shall  appoint
22    5  members 3 members to the Prisoner Review Board whose terms
23    shall expire on the third Monday in January 2005, 5  1987,  4
24    members  whose  terms  shall  expire  on  the third Monday in
25    January 2007, and 5 1989, and 3  members  whose  terms  shall
26    expire  on  the third Monday in January 2009. 1991.  The term
27    of one of the members created by this amendatory Act of  1986
28    shall expire on the third Monday in January 1989 and the term
29    of  the  other  shall  expire  on the third Monday in January
30    1991.   The  initial  terms  of  the  3  additional   members
31    appointed pursuant to this amendatory Act of the 91st General
32    Assembly  shall  expire  on the third Monday in January 2006.
33    Their respective successors shall be appointed for terms of 6
34    years from the  third  Monday  in  January  of  the  year  of
 
SB2003 Enrolled            -17-      LRB093 08500 RCE 08724 b
 1    appointment.   Each member shall serve until his successor is
 2    appointed and qualified.
 3        Any  member  may  be  removed   by   the   Governor   for
 4    incompetence,  neglect  of  duty, malfeasance or inability to
 5    serve.
 6        (d)  The  Chairman  of  the  Board  shall  be  its  chief
 7    executive and administrative officer.  The Board may have  an
 8    Executive  Director;  if  so, the Executive Director shall be
 9    appointed by the Governor with the advice and consent of  the
10    Senate.   The  salary  and  duties  of the Executive Director
11    shall be fixed by the Board.
12    (Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)

13        Section  820-305.   The  Workers'  Compensation  Act   is
14    amended by changing Section 13 as follows:

15        (820 ILCS 305/13) (from Ch. 48, par. 138.13)
16        Sec.  13.   There  is  created  an  Industrial Commission
17    consisting of 7 members to be appointed by the  Governor,  by
18    and  with  the  consent  of  the  Senate,  2 of whom shall be
19    representative citizens  of  the  employing  class  operating
20    under this Act and 2 of whom shall be representative citizens
21    of  the  class  of employees covered under this Act, and 3 of
22    whom shall be representative  citizens  not  identified  with
23    either  the  employing  or employee classes.  Not more than 4
24    members of the Commission shall  be  of  the  same  political
25    party.
26        One  of  the  3  members  not  identified with either the
27    employing or employee classes  shall  be  designated  by  the
28    Governor  as  Chairman.   The  Chairman  shall  be  the chief
29    administrative and executive officer of the  Commission;  and
30    he  or  she shall have general supervisory authority over all
31    personnel  of  the  Commission,  including  arbitrators   and
32    Commissioners,  and the final authority in all administrative
 
SB2003 Enrolled            -18-      LRB093 08500 RCE 08724 b
 1    matters relating to  the  Commissioners,  including  but  not
 2    limited  to  the  assignment  and  distribution  of cases and
 3    assignment of Commissioners to  the  panels,  except  in  the
 4    promulgation  of procedural rules and orders under Section 16
 5    and in the determination of cases under this Act.
 6        Notwithstanding the general supervisory authority of  the
 7    Chairman,  each  Commissioner,  except  those assigned to the
 8    temporary  panel,  shall  have  the  authority  to  hire  and
 9    supervise 2 staff attorneys each.  Such staff attorneys shall
10    report directly to the individual Commissioner.
11        A   formal   training   program    for    newly-appointed
12    Commissioners  shall  be  implemented.   The training program
13    shall include the following:
14             (a)  substantive  and  procedural  aspects  of   the
15        office of Commissioner;
16             (b)  current issues in workers' compensation law and
17        practice;
18             (c)  medical  lectures  by specialists in areas such
19        as orthopedics, ophthalmology, psychiatry, rehabilitation
20        counseling;
21             (d)  orientation to each  operational  unit  of  the
22        Industrial Commission;
23             (e)  observation   of  experienced  arbitrators  and
24        Commissioners conducting hearings of cases, combined with
25        the opportunity to discuss evidence presented and rulings
26        made;
27             (f)  the use of  hypothetical  cases  requiring  the
28        newly-appointed  Commissioner  to  issue  judgments  as a
29        means to evaluating knowledge and writing ability;
30             (g)  writing skills.
31        A formal and  ongoing  professional  development  program
32    including, but not limited to, the above-noted areas shall be
33    implemented   to   keep   Commissioners  informed  of  recent
34    developments and issues and to assist them in maintaining and
 
SB2003 Enrolled            -19-      LRB093 08500 RCE 08724 b
 1    enhancing their professional competence.
 2        The Commissioner candidates,  other  than  the  Chairman,
 3    must  meet one of the following qualifications:  (a) licensed
 4    to practice law in the State of Illinois; or (b) served as an
 5    arbitrator at the Illinois Industrial Commission for at least
 6    3 years; or (c) has at least 4 years  of  professional  labor
 7    relations  experience.   The  Chairman  candidate  must  have
 8    public or private sector management and budget experience, as
 9    determined by the Governor.
10        Each  Commissioner  shall  devote full time to his duties
11    and any Commissioner who  is  an  attorney-at-law  shall  not
12    engage  in  the  practice  of law, nor shall any Commissioner
13    hold any other office or position of profit under the  United
14    States   or  this  State  or  any  municipal  corporation  or
15    political subdivision of this State, nor engage in any  other
16    business, employment, or vocation.
17        The  term  of  office  of  each  member of the Commission
18    holding office on the effective date of this  amendatory  Act
19    of  1989  is  abolished, but the incumbents shall continue to
20    exercise all of the powers and  be  subject  to  all  of  the
21    duties of Commissioners until their respective successors are
22    appointed and qualified.
23        The Industrial Commission shall administer this Act.
24        The  members shall be appointed by the Governor, with the
25    advice and consent of the Senate, as follows:
26             (a)  After the effective date of this amendatory Act
27        of 1989, 3 members, at least one of each political party,
28        and one of whom shall be a representative citizen of  the
29        employing  class  operating  under  this Act, one of whom
30        shall  be  a  representative  citizen  of  the  class  of
31        employees covered under this Act, and one of  whom  shall
32        be  a  representative  citizen not identified with either
33        the employing or employee classes, shall be appointed  to
34        hold  office  until  the third Monday in January of 1993,
 
SB2003 Enrolled            -20-      LRB093 08500 RCE 08724 b
 1        and until their successors are appointed  and  qualified,
 2        and  4  members,  one  of  whom shall be a representative
 3        citizen of the employing class operating under this  Act,
 4        one  of  whom  shall  be  a representative citizen of the
 5        class of employees covered in this Act, and two  of  whom
 6        shall  be  representative  citizens  not  identified with
 7        either the employing or employee  classes,  one  of  whom
 8        shall be designated by the Governor as Chairman (at least
 9        one  of each of the two major political parties) shall be
10        appointed to  hold  office  until  the  third  Monday  of
11        January in 1991, and until their successors are appointed
12        and qualified.
13             (a-5)  Notwithstanding  any  other provision of this
14        Section, the term of each member of  the  Commission  who
15        was  appointed  by  the Governor and is in office on June
16        30, 2003 shall terminate at the close of business on that
17        date or when all of the successor members to be appointed
18        pursuant to this  amendatory  Act  of  the  93rd  General
19        Assembly  have  been appointed by the Governor, whichever
20        occurs later.  As soon as possible,  the  Governor  shall
21        appoint  persons  to  fill  the vacancies created by this
22        amendatory Act.  Of the initial  commissioners  appointed
23        pursuant  to  this  amendatory  Act  of  the 93rd General
24        Assembly, 3 shall be appointed for terms  ending  on  the
25        third  Monday  in January, 2005, and 4 shall be appointed
26        for terms ending on the third Monday in January, 2007.
27             (b)  Members shall thereafter be appointed  to  hold
28        office  for  terms  of  4  years from the third Monday in
29        January of the year of their appointment, and until their
30        successors  are  appointed  and  qualified.    All   such
31        appointments shall be made so that the composition of the
32        Commission  is  in  accordance with the provisions of the
33        first paragraph of this Section.
34        The Chairman shall receive an annual salary  of  $42,500,
 
SB2003 Enrolled            -21-      LRB093 08500 RCE 08724 b
 1    or  a  salary set by the Compensation Review Board, whichever
 2    is greater, and each other member  shall  receive  an  annual
 3    salary of $38,000, or a salary set by the Compensation Review
 4    Board, whichever is greater.
 5        In  case  of  a  vacancy  in the office of a Commissioner
 6    during the recess of the Senate, the Governor  shall  make  a
 7    temporary  appointment  until the next meeting of the Senate,
 8    when he shall nominate some person to fill such office.   Any
 9    person so nominated who is confirmed by the Senate shall hold
10    office  during  the  remainder  of  the  term  and  until his
11    successor is appointed and qualified.
12        The Industrial Commission created by this amendatory  Act
13    of  1989  shall  succeed  to  all the rights, powers, duties,
14    obligations, records and other property and employees of  the
15    Industrial  Commission  which it replaces as modified by this
16    amendatory Act of 1989 and all applications  and  reports  to
17    actions  and  proceedings of such prior Industrial Commission
18    shall be considered as applications and  reports  to  actions
19    and  proceedings of the Industrial Commission created by this
20    amendatory Act of 1989.
21        Notwithstanding any other provision of this Act,  in  the
22    event  the  Chairman shall make a finding that a member is or
23    will be unavailable to fulfill the responsibilities of his or
24    her office, the Chairman shall advise the  Governor  and  the
25    member  in writing and shall designate a certified arbitrator
26    to serve as acting Commissioner.   The  certified  arbitrator
27    shall  act  as  a  Commissioner  until the member resumes the
28    duties of his  or  her  office  or  until  a  new  member  is
29    appointed  by  the  Governor,  by and with the consent of the
30    Senate,  if  a  vacancy  occurs  in   the   office   of   the
31    Commissioner,  but  in  no event shall a certified arbitrator
32    serve in the capacity of Commissioner for more than 6  months
33    from  the  date of appointment by the Chairman.  A finding by
34    the Chairman that a member  is  or  will  be  unavailable  to
 
SB2003 Enrolled            -22-      LRB093 08500 RCE 08724 b
 1    fulfill  the  responsibilities  of his or her office shall be
 2    based upon notice to the Chairman by a member that he or  she
 3    will  be unavailable or facts and circumstances made known to
 4    the Chairman which lead him to reasonably find that a  member
 5    is  unavailable to fulfill the responsibilities of his or her
 6    office.  The designation of a certified arbitrator to act  as
 7    a Commissioner shall be considered representative of citizens
 8    not  identified with either the employing or employee classes
 9    and the arbitrator shall  serve  regardless  of  his  or  her
10    political  affiliation.  A certified arbitrator who serves as
11    an acting Commissioner shall have all the rights  and  powers
12    of a Commissioner, including salary.
13        Notwithstanding  any  other  provision  of  this Act, the
14    Governor shall  appoint  a  special  panel  of  Commissioners
15    comprised  of  3 members who shall be chosen by the Governor,
16    by and with the consent of the Senate, from among the current
17    ranks of certified arbitrators.   Three  members  shall  hold
18    office until the Commission in consultation with the Governor
19    determines  that  the  caseload  on  review  has been reduced
20    sufficiently to allow cases to proceed in a timely manner  or
21    for  a  term  of  18  months from the effective date of their
22    appointment by the Governor, whichever shall be earlier.  The
23    3 members shall be considered representative of citizens  not
24    identified  with either the employing or employee classes and
25    shall serve regardless of political affiliation.  Each of the
26    3 members shall  have  only  such  rights  and  powers  of  a
27    Commissioner  necessary to dispose of those cases assigned to
28    the special panel.  Each of the 3 members  appointed  to  the
29    special   panel  shall  receive  the  same  salary  as  other
30    Commissioners for the duration of the panel.
31        The Commission may have an Executive Director; if so, the
32    Executive Director shall be appointed by  the  Governor  with
33    the  advice and consent of the Senate.  The salary and duties
34    of the Executive Director shall be fixed by the Commission.
 
SB2003 Enrolled            -23-      LRB093 08500 RCE 08724 b
 1    (Source: P.A. 86-998; 86-1405.)

 2        Section 999-85.  Severability.  The  provisions  of  this
 3    Act  are  severable  under  Section  1.31  of  the Statute on
 4    Statutes.

 5        Section 999-99. Effective date.  This  Act  takes  effect
 6    upon becoming law.