Public Act 093-0509
Public Act 93-0509 of the 93rd General Assembly
Public Act 93-0509
SB2003 Enrolled LRB093 08500 RCE 08724 b
AN ACT concerning boards and commissions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5-315. The Illinois Public Labor Relations Act
is amended by changing Section 5 as follows:
(5 ILCS 315/5) (from Ch. 48, par. 1605)
Sec. 5. Illinois Labor Relations Board; State Panel;
Local Panel.
(a) There is created the Illinois Labor Relations Board.
The Board shall be comprised of 2 panels, to be known as the
State Panel and the Local Panel.
(a-5) The State Panel shall have jurisdiction over
collective bargaining matters between employee organizations
and the State of Illinois, excluding the General Assembly of
the State of Illinois, between employee organizations and
units of local government and school districts with a
population not in excess of 2 million persons, and between
employee organizations and the Regional Transportation
Authority.
The State Panel shall consist of 5 members appointed by
the Governor, with the advice and consent of the Senate. The
Governor shall appoint to the State Panel only persons who
have had a minimum of 5 years of experience directly related
to labor and employment relations in representing public
employers, private employers or labor organizations; or
teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or
employment relations. At the time of his or her appointment,
each member of the State Panel shall be an Illinois resident.
The Governor shall designate one member to serve as the
Chairman of the State Panel and the Board.
Notwithstanding any other provision of this Section, the
term of each member of the State Panel who was appointed by
the Governor and is in office on June 30, 2003 shall
terminate at the close of business on that date or when all
of the successor members to be appointed pursuant to this
amendatory Act of the 93rd General Assembly have been
appointed by the Governor, whichever occurs later. As soon
as possible, the Governor shall appoint persons to fill the
vacancies created by this amendatory Act.
The initial appointments under this amendatory Act of the
93rd 91st General Assembly shall be for terms as follows:
The Chairman shall initially be appointed for a term ending
on the 4th Monday in January, 2007 2001; 2 members shall be
initially appointed for terms ending on the 4th Monday in
January, 2006 2002; one member shall be initially appointed
for a term ending on the 4th Monday in January, 2005 2003;
and one member shall be initially appointed for a term ending
on the 4th Monday in January, 2004. Each subsequent member
shall be appointed for a term of 4 years, commencing on the
4th Monday in January. Upon expiration of the term of office
of any appointive member, that member shall continue to serve
until a successor shall be appointed and qualified. In case
of a vacancy, a successor shall be appointed to serve for the
unexpired portion of the term. If the Senate is not in
session at the time the initial appointments are made, the
Governor shall make temporary appointments in the same manner
successors are appointed to fill vacancies. A temporary
appointment shall remain in effect no longer than 20 calendar
days after the commencement of the next Senate session.
(b) The Local Panel shall have jurisdiction over
collective bargaining agreement matters between employee
organizations and units of local government with a population
in excess of 2 million persons, but excluding the Regional
Transportation Authority.
The Local Panel shall consist of one person appointed by
the Governor with the advice and consent of the Senate (or,
if no such person is appointed, the Chairman of the State
Panel) and two additional members, one appointed by the Mayor
of the City of Chicago and one appointed by the President of
the Cook County Board of Commissioners. Appointees to the
Local Panel must have had a minimum of 5 years of experience
directly related to labor and employment relations in
representing public employers, private employers or labor
organizations; or teaching labor or employment relations; or
administering executive orders or regulations applicable to
labor or employment relations. Each member of the Local
Panel shall be an Illinois resident at the time of his or her
appointment. The member appointed by the Governor (or, if no
such person is appointed, the Chairman of the State Panel)
shall serve as the Chairman of the Local Panel.
Notwithstanding any other provision of this Section, the
term of the member of the Local Panel who was appointed by
the Governor and is in office on June 30, 2003 shall
terminate at the close of business on that date or when his
or her successor has been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor
shall appoint a person to fill the vacancy created by this
amendatory Act. The initial appointment under this
amendatory Act of the 93rd General Assembly shall be for a
term ending on the 4th Monday in January, 2007.
The initial appointments under this amendatory Act of the
91st General Assembly shall be for terms as follows: The
member appointed by the Governor shall initially be appointed
for a term ending on the 4th Monday in January, 2001; the
member appointed by the President of the Cook County Board
shall be initially appointed for a term ending on the 4th
Monday in January, 2003; and the member appointed by the
Mayor of the City of Chicago shall be initially appointed for
a term ending on the 4th Monday in January, 2004. Each
subsequent member shall be appointed for a term of 4 years,
commencing on the 4th Monday in January. Upon expiration of
the term of office of any appointive member, the member shall
continue to serve until a successor shall be appointed and
qualified. In the case of a vacancy, a successor shall be
appointed by the applicable appointive authority to serve for
the unexpired portion of the term.
(c) Three members of the State Panel shall at all times
constitute a quorum. Two members of the Local Panel shall at
all times constitute a quorum. A vacancy on a panel does not
impair the right of the remaining members to exercise all of
the powers of that panel. Each panel shall adopt an official
seal which shall be judicially noticed. The salary of the
Chairman of the State Panel shall be $82,429 per year, or as
set by the Compensation Review Board, whichever is greater,
and that of the other members of the State and Local Panels
shall be $74,188 per year, or as set by the Compensation
Review Board, whichever is greater.
(d) Each member shall devote his or her entire time to
the duties of the office, and shall hold no other office or
position of profit, nor engage in any other business,
employment, or vocation. No member shall hold any other
public office or be employed as a labor or management
representative by the State or any political subdivision of
the State or of any department or agency thereof, or actively
represent or act on behalf of an employer or an employee
organization or an employer in labor relations matters. Any
member of the State Panel may be removed from office by the
Governor for inefficiency, neglect of duty, misconduct or
malfeasance in office, and for no other cause, and only upon
notice and hearing. Any member of the Local Panel may be
removed from office by the applicable appointive authority
for inefficiency, neglect of duty, misconduct or malfeasance
in office, and for no other cause, and only upon notice and
hearing.
(e) Each panel at the end of every State fiscal year
shall make a report in writing to the Governor and the
General Assembly, stating in detail the work it has done in
hearing and deciding cases and otherwise.
(f) In order to accomplish the objectives and carry out
the duties prescribed by this Act, a panel or its authorized
designees may hold elections to determine whether a labor
organization has majority status; investigate and attempt to
resolve or settle charges of unfair labor practices; hold
hearings in order to carry out its functions; develop and
effectuate appropriate impasse resolution procedures for
purposes of resolving labor disputes; require the appearance
of witnesses and the production of evidence on any matter
under inquiry; and administer oaths and affirmations. The
panels shall sign and report in full an opinion in every case
which they decide.
(g) Each panel may appoint or employ an executive
director, attorneys, hearing officers, mediators,
fact-finders, arbitrators, and such other employees as it may
deem necessary to perform its functions. The governing
boards shall prescribe the duties and qualifications of such
persons appointed and, subject to the annual appropriation,
fix their compensation and provide for reimbursement of
actual and necessary expenses incurred in the performance of
their duties.
(h) Each panel shall exercise general supervision over
all attorneys which it employs and over the other persons
employed to provide necessary support services for such
attorneys. The panels shall have final authority in respect
to complaints brought pursuant to this Act.
(i) The following rules and regulations shall be adopted
by the panels meeting in joint session: (1) procedural rules
and regulations which shall govern all Board proceedings; (2)
procedures for election of exclusive bargaining
representatives pursuant to Section 9, except for the
determination of appropriate bargaining units; and (3)
appointment of counsel pursuant to subsection (k) of this
Section.
(j) Rules and regulations may be adopted, amended or
rescinded only upon a vote of 5 of the members of the State
and Local Panels meeting in joint session. The adoption,
amendment or rescission of rules and regulations shall be in
conformity with the requirements of the Illinois
Administrative Procedure Act.
(k) The panels in joint session shall promulgate rules
and regulations providing for the appointment of attorneys or
other Board representatives to represent persons in unfair
labor practice proceedings before a panel. The regulations
governing appointment shall require the applicant to
demonstrate an inability to pay for or inability to otherwise
provide for adequate representation before a panel. Such
rules must also provide: (1) that an attorney may not be
appointed in cases which, in the opinion of a panel, are
clearly without merit; (2) the stage of the unfair labor
proceeding at which counsel will be appointed; and (3) the
circumstances under which a client will be allowed to select
counsel.
(1) The panels in joint session may promulgate rules and
regulations which allow parties in proceedings before a panel
to be represented by counsel or any other representative of
the party's choice.
(m) The Chairman of the State Panel shall serve as
Chairman of a joint session of the panels. Attendance of at
least 2 members of the State Panel and at least one member of
the Local Panel, in addition to the Chairman, shall
constitute a quorum at a joint session. The panels shall
meet in joint session at least annually.
(Source: P.A. 91-798, eff. 7-9-00.)
Section 115-5. The Illinois Educational Labor Relations
Act is amended by changing Section 5 as follows:
(115 ILCS 5/5) (from Ch. 48, par. 1705)
Sec. 5. Illinois Educational Labor Relations Board.
(a) There is hereby created the Illinois Educational
Labor Relations Board.
(a-5) Until July 1, 2003 or when all of the new members
to be initially appointed under this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later, the Illinois Educational Labor
Relations Board shall consist consisting of 7 members, no
more than 4 of whom may be of the same political party, who
are residents of Illinois appointed by the Governor with the
advice and consent of the Senate.
The term of each appointed member of the Board who is in
office on June 30, 2003 shall terminate at the close of
business on that date or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor,
whichever occurs later.
(b) Beginning on July 1, 2003 or when all of the new
members to be initially appointed under this amendatory Act
of the 93rd General Assembly have been appointed by the
Governor, whichever occurs later, the Illinois Educational
Labor Relations Board shall consist of 5 members appointed by
the Governor with the advice and consent of the Senate. No
more than 3 members may be of the same political party.
The Governor shall appoint to the Board only persons who
are residents of Illinois and have had a minimum of 5 years
of experience directly related to labor and employment
relations in representing educational employers or
educational employees in collective bargaining matters. One
appointed member shall be designated at the time of his or
her appointment to serve as chairman.
Of the initial 2 additional members appointed pursuant to
this amendatory Act of the 93rd General Assembly, 2 1997, one
shall be designated at the time of his or her appointment to
serve a term of 6 years, 2 shall be designated at the time of
appointment to serve a term of 4 years, and the other shall
be designated at the time of his or her appointment to serve
a term of 4 years, with each to serve until his or her
successor is appointed and qualified. In the event the
Senate is not in session at the time the 2 additional members
are appointed pursuant to this amendatory Act of 1997, the
Governor shall make those appointments as temporary
appointments until the next meeting of the Senate when he
shall appoint, by and with the advice and consent of the
Senate, 2 persons to fill those memberships for their
unexpired terms. The 2 additional members appointed pursuant
to this amendatory Act of the 91st General Assembly shall
each serve initial terms of 6 years.
(b) Each subsequent member shall be appointed in like
manner for a term of 6 years and until his or her successor
is appointed and qualified. Each member of the Board is
eligible for reappointment. Vacancies shall be filled in the
same manner as original appointments for the balance of the
unexpired term.
(c) The chairman shall be paid $50,000 per year, or an
amount set by the Compensation Review Board, whichever is
greater. Other members of the Board shall each be paid
$45,000 per year, or an amount set by the Compensation Review
Board, whichever is greater. They shall be entitled to
reimbursement for necessary traveling and other official
expenditures necessitated by their official duties.
Each member shall devote his entire time to the duties of
the office, and shall hold no other office or position of
profit, nor engage in any other business, employment or
vocation.
(d) Three Four members of the Board constitute a quorum
and a vacancy on the Board does not impair the right of the
remaining members to exercise all of the powers of the Board.
(e) Any member of the Board may be removed by the
Governor, upon notice, for neglect of duty or malfeasance in
office, but for no other cause.
(f) The Board may appoint or employ an executive
director, attorneys, hearing officers, and such other
employees as it deems necessary to perform its functions.
The Board shall prescribe the duties and qualifications of
such persons appointed and, subject to the annual
appropriation, fix their compensation and provide for
reimbursement of actual and necessary expenses incurred in
the performance of their duties.
(g) The Board may promulgate rules and regulations which
allow parties in proceedings before the Board to be
represented by counsel or any other person knowledgeable in
the matters under consideration.
(h) To accomplish the objectives and to carry out the
duties prescribed by this Act, the Board may subpoena
witnesses, subpoena the production of books, papers, records
and documents which may be needed as evidence on any matter
under inquiry and may administer oaths and affirmations.
In cases of neglect or refusal to obey a subpoena issued
to any person, the circuit court in the county in which the
investigation or the public hearing is taking place, upon
application by the Board, may issue an order requiring such
person to appear before the Board or any member or agent of
the Board to produce evidence or give testimony. A failure to
obey such order may be punished by the court as in civil
contempt.
Any subpoena, notice of hearing, or other process or
notice of the Board issued under the provisions of this Act
may be served personally, by registered mail or by leaving a
copy at the principal office of the respondent required to be
served. A return, made and verified by the individual making
such service and setting forth the manner of such service, is
proof of service. A post office receipt, when registered
mail is used, is proof of service. All process of any court
to which application may be made under the provisions of this
Act may be served in the county where the persons required to
be served reside or may be found.
(i) The Board shall adopt, promulgate, amend, or rescind
rules and regulations in accordance with the "The Illinois
Administrative Procedure Act", as now or hereafter amended,
as it deems necessary and feasible to carry out this Act.
(j) The Board at the end of every State fiscal year
shall make a report in writing to the Governor and the
General Assembly, stating in detail the work it has done in
hearing and deciding cases and otherwise.
(Source: P.A. 90-548, eff. 1-1-98; 91-798, eff. 7-9-00.)
Section 415-5. The Environmental Protection Act is
amended by changing Section 5 as follows:
(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
Sec. 5. Pollution Control Board.
(a) There is hereby created an independent board to be
known as the Pollution Control Board. , consisting
Until July 1, 2003 or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor,
whichever occurs later, the Board shall consist of 7
technically qualified members, no more than 4 of whom may be
of the same political party, to be appointed by the Governor
with the advice and consent of the Senate.
The term of each appointed member of the Board who is in
office on June 30, 2003 shall terminate at the close of
business on that date or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor,
whichever occurs later.
Beginning on July 1, 2003 or when all of the new members
to be initially appointed under this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later, the Board shall consist of 5
technically qualified members, no more than 3 of whom may be
of the same political party, to be appointed by the Governor
with the advice and consent of the Senate. Members shall
have verifiable technical, academic, or actual experience in
the field of pollution control or environmental law and
regulation.
Of the members initially appointed pursuant to this
amendatory Act of the 93rd General Assembly, one shall be
appointed for a term ending July 1, 2004, 2 shall be
appointed for terms ending July 1, 2005, and 2 shall be
appointed for terms ending July 1, 2006. Thereafter, all
members shall hold office for 3 years from the first day of
July in the year in which they were appointed, except in case
of an appointment to fill a vacancy. In case of a vacancy in
the office when the Senate is not in session, the Governor
may make a temporary appointment until the next meeting of
the Senate, when he or she shall nominate some person to fill
such office; and any person so nominated, who is confirmed by
the Senate, shall hold the office during the remainder of the
term.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from office, such resignation to take
effect when a successor has been appointed and has qualified.
Board members shall be paid $37,000 per year or an amount
set by the Compensation Review Board, whichever is greater,
and the Chairman shall be paid $43,000 per year or an amount
set by the Compensation Review Board, whichever is greater.
Each member shall devote his or her entire time to the duties
of the office, and shall hold no other office or position of
profit, nor engage in any other business, employment, or
vocation. Each member shall be reimbursed for expenses
necessarily incurred, shall devote full time to the
performance of his or her duties and shall make a financial
disclosure upon appointment.
Each Board member may employ one secretary and one
assistant, and the Chairman one secretary and 2 assistants.
The Board also may employ and compensate hearing officers to
preside at hearings under this Act, and such other personnel
as may be necessary. Hearing officers shall be attorneys
licensed to practice law in Illinois.
The Board may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with
the advice and consent of the Senate. The salary and duties
of the Executive Director shall be fixed by the Board.
The Governor shall designate one Board member to be
Chairman, who shall serve at the pleasure of the Governor.
The Board shall hold at least one meeting each month and
such additional meetings as may be prescribed by Board rules.
In addition, special meetings may be called by the Chairman
or by any 2 Board members, upon delivery of 24 hours written
notice to the office of each member. All Board meetings
shall be open to the public, and public notice of all
meetings shall be given at least 24 hours in advance of each
meeting. In emergency situations in which a majority of the
Board certifies that exigencies of time require the
requirements of public notice and of 24 hour written notice
to members may be dispensed with, and Board members shall
receive such notice as is reasonable under the circumstances.
If there is no vacancy on the Board, 4 members of the
Board shall constitute a quorum to transact business;
otherwise, a majority of the Board shall constitute a quorum
to transact business, and no vacancy shall impair the right
of the remaining members to exercise all of the powers of the
Board. Every action approved by a majority of the members of
the Board shall be deemed to be the action of the Board. Four
members of the Board shall constitute a quorum, and 4 votes
shall be required for any final determination by the Board,
except in a proceeding to remove a seal under paragraph (d)
of Section 34 of this Act. The Board shall keep a complete
and accurate record of all its meetings.
(b) The Board shall determine, define and implement the
environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance
with Title VII of this Act.
(c) The Board shall have authority to act for the State
in regard to the adoption of standards for submission to the
United States under any federal law respecting environmental
protection. Such standards shall be adopted in accordance
with Title VII of the Act and upon adoption shall be
forwarded to the Environmental Protection Agency for
submission to the United States pursuant to subsections (l)
and (m) of Section 4 of this Act. Nothing in this paragraph
shall limit the discretion of the Governor to delegate
authority granted to the Governor under any federal law.
(d) The Board shall have authority to conduct
proceedings upon complaints charging violations of this Act,
any rule or regulation adopted under this Act, or any permit
or term or condition of a permit; upon administrative
citations; upon petitions for variances or adjusted
standards; upon petitions for review of the Agency's final
determinations on permit applications in accordance with
Title X of this Act; upon petitions to remove seals under
Section 34 of this Act; and upon other petitions for review
of final determinations which are made pursuant to this Act
or Board rule and which involve a subject which the Board is
authorized to regulate. The Board may also conduct other
proceedings as may be provided by this Act or any other
statute or rule.
(e) In connection with any proceeding pursuant to
subsection (b) or (d) of this Section, the Board may subpoena
and compel the attendance of witnesses and the production of
evidence reasonably necessary to resolution of the matter
under consideration. The Board shall issue such subpoenas
upon the request of any party to a proceeding under
subsection (d) of this Section or upon its own motion.
(f) The Board may prescribe reasonable fees for permits
required pursuant to this Act. Such fees in the aggregate
may not exceed the total cost to the Agency for its
inspection and permit systems. The Board may not prescribe
any permit fees which are different in amount from those
established by this Act.
(Source: P.A. 92-574, eff. 6-26-02.)
Section 730-5. The Unified Code of Corrections is
amended by changing Section 3-3-1 as follows:
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and Appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent
of the Department of Corrections which shall be:
(1) the paroling authority for persons sentenced
under the law in effect prior to the effective date of
this amendatory Act of 1977;
(2) the board of review for cases involving the
revocation of good conduct credits or a suspension or
reduction in the rate of accumulating such credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates
for certain prisoners sentenced under the law in
existence prior to the effective date of this amendatory
Act of 1977, in accordance with Section 3-3-2.1 of this
Code;
(5) the authority for setting conditions for parole
and mandatory supervised release under Section 5-8-1(a)
of this Code, and determining whether a violation of
those conditions warrant revocation of parole or
mandatory supervised release or the imposition of other
sanctions.
(b) The Board shall consist of 15 persons appointed by
the Governor by and with the advice and consent of the
Senate. One member of the Board shall be designated by the
Governor to be Chairman and shall serve as Chairman at the
pleasure of the Governor. The members of the Board shall
have had at least 5 years of actual experience in the fields
of penology, corrections work, law enforcement, sociology,
law, education, social work, medicine, psychology, other
behavioral sciences, or a combination thereof. At least 6
members so appointed must have had at least 3 years
experience in the field of juvenile matters. No more than 8
Board members may be members of the same political party.
Each member of the Board shall serve on a full-time full
time basis and shall not hold any other salaried public
office, whether elective or appointive, nor any other office
or position of profit, nor engage in any other business,
employment, or vocation. The Chairman of the Board shall
receive $35,000 a year, or an amount set by the Compensation
Review Board, whichever is greater, and each other member
$30,000, or an amount set by the Compensation Review Board,
whichever is greater.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the
successor members to be appointed pursuant to this amendatory
Act of the 93rd General Assembly have been appointed by the
Governor, whichever occurs later. As soon as possible, the
Governor shall appoint persons to fill the vacancies created
by this amendatory Act.
The terms of the present members of the Prisoner Review
Board shall expire on the effective date of this amendatory
Act of 1985, but the incumbent members shall continue to
exercise all of the powers and be subject to all the duties
of members of the Board until their respective successors are
appointed and qualified.
Of the initial members appointed under this amendatory
Act of the 93rd General Assembly, the Governor shall appoint
5 members 3 members to the Prisoner Review Board whose terms
shall expire on the third Monday in January 2005, 5 1987, 4
members whose terms shall expire on the third Monday in
January 2007, and 5 1989, and 3 members whose terms shall
expire on the third Monday in January 2009. 1991. The term
of one of the members created by this amendatory Act of 1986
shall expire on the third Monday in January 1989 and the term
of the other shall expire on the third Monday in January
1991. The initial terms of the 3 additional members
appointed pursuant to this amendatory Act of the 91st General
Assembly shall expire on the third Monday in January 2006.
Their respective successors shall be appointed for terms of 6
years from the third Monday in January of the year of
appointment. Each member shall serve until his successor is
appointed and qualified.
Any member may be removed by the Governor for
incompetence, neglect of duty, malfeasance or inability to
serve.
(d) The Chairman of the Board shall be its chief
executive and administrative officer. The Board may have an
Executive Director; if so, the Executive Director shall be
appointed by the Governor with the advice and consent of the
Senate. The salary and duties of the Executive Director
shall be fixed by the Board.
(Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)
Section 820-305. The Workers' Compensation Act is
amended by changing Section 13 as follows:
(820 ILCS 305/13) (from Ch. 48, par. 138.13)
Sec. 13. There is created an Industrial Commission
consisting of 7 members to be appointed by the Governor, by
and with the consent of the Senate, 2 of whom shall be
representative citizens of the employing class operating
under this Act and 2 of whom shall be representative citizens
of the class of employees covered under this Act, and 3 of
whom shall be representative citizens not identified with
either the employing or employee classes. Not more than 4
members of the Commission shall be of the same political
party.
One of the 3 members not identified with either the
employing or employee classes shall be designated by the
Governor as Chairman. The Chairman shall be the chief
administrative and executive officer of the Commission; and
he or she shall have general supervisory authority over all
personnel of the Commission, including arbitrators and
Commissioners, and the final authority in all administrative
matters relating to the Commissioners, including but not
limited to the assignment and distribution of cases and
assignment of Commissioners to the panels, except in the
promulgation of procedural rules and orders under Section 16
and in the determination of cases under this Act.
Notwithstanding the general supervisory authority of the
Chairman, each Commissioner, except those assigned to the
temporary panel, shall have the authority to hire and
supervise 2 staff attorneys each. Such staff attorneys shall
report directly to the individual Commissioner.
A formal training program for newly-appointed
Commissioners shall be implemented. The training program
shall include the following:
(a) substantive and procedural aspects of the
office of Commissioner;
(b) current issues in workers' compensation law and
practice;
(c) medical lectures by specialists in areas such
as orthopedics, ophthalmology, psychiatry, rehabilitation
counseling;
(d) orientation to each operational unit of the
Industrial Commission;
(e) observation of experienced arbitrators and
Commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(f) the use of hypothetical cases requiring the
newly-appointed Commissioner to issue judgments as a
means to evaluating knowledge and writing ability;
(g) writing skills.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep Commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence.
The Commissioner candidates, other than the Chairman,
must meet one of the following qualifications: (a) licensed
to practice law in the State of Illinois; or (b) served as an
arbitrator at the Illinois Industrial Commission for at least
3 years; or (c) has at least 4 years of professional labor
relations experience. The Chairman candidate must have
public or private sector management and budget experience, as
determined by the Governor.
Each Commissioner shall devote full time to his duties
and any Commissioner who is an attorney-at-law shall not
engage in the practice of law, nor shall any Commissioner
hold any other office or position of profit under the United
States or this State or any municipal corporation or
political subdivision of this State, nor engage in any other
business, employment, or vocation.
The term of office of each member of the Commission
holding office on the effective date of this amendatory Act
of 1989 is abolished, but the incumbents shall continue to
exercise all of the powers and be subject to all of the
duties of Commissioners until their respective successors are
appointed and qualified.
The Industrial Commission shall administer this Act.
The members shall be appointed by the Governor, with the
advice and consent of the Senate, as follows:
(a) After the effective date of this amendatory Act
of 1989, 3 members, at least one of each political party,
and one of whom shall be a representative citizen of the
employing class operating under this Act, one of whom
shall be a representative citizen of the class of
employees covered under this Act, and one of whom shall
be a representative citizen not identified with either
the employing or employee classes, shall be appointed to
hold office until the third Monday in January of 1993,
and until their successors are appointed and qualified,
and 4 members, one of whom shall be a representative
citizen of the employing class operating under this Act,
one of whom shall be a representative citizen of the
class of employees covered in this Act, and two of whom
shall be representative citizens not identified with
either the employing or employee classes, one of whom
shall be designated by the Governor as Chairman (at least
one of each of the two major political parties) shall be
appointed to hold office until the third Monday of
January in 1991, and until their successors are appointed
and qualified.
(a-5) Notwithstanding any other provision of this
Section, the term of each member of the Commission who
was appointed by the Governor and is in office on June
30, 2003 shall terminate at the close of business on that
date or when all of the successor members to be appointed
pursuant to this amendatory Act of the 93rd General
Assembly have been appointed by the Governor, whichever
occurs later. As soon as possible, the Governor shall
appoint persons to fill the vacancies created by this
amendatory Act. Of the initial commissioners appointed
pursuant to this amendatory Act of the 93rd General
Assembly, 3 shall be appointed for terms ending on the
third Monday in January, 2005, and 4 shall be appointed
for terms ending on the third Monday in January, 2007.
(b) Members shall thereafter be appointed to hold
office for terms of 4 years from the third Monday in
January of the year of their appointment, and until their
successors are appointed and qualified. All such
appointments shall be made so that the composition of the
Commission is in accordance with the provisions of the
first paragraph of this Section.
The Chairman shall receive an annual salary of $42,500,
or a salary set by the Compensation Review Board, whichever
is greater, and each other member shall receive an annual
salary of $38,000, or a salary set by the Compensation Review
Board, whichever is greater.
In case of a vacancy in the office of a Commissioner
during the recess of the Senate, the Governor shall make a
temporary appointment until the next meeting of the Senate,
when he shall nominate some person to fill such office. Any
person so nominated who is confirmed by the Senate shall hold
office during the remainder of the term and until his
successor is appointed and qualified.
The Industrial Commission created by this amendatory Act
of 1989 shall succeed to all the rights, powers, duties,
obligations, records and other property and employees of the
Industrial Commission which it replaces as modified by this
amendatory Act of 1989 and all applications and reports to
actions and proceedings of such prior Industrial Commission
shall be considered as applications and reports to actions
and proceedings of the Industrial Commission created by this
amendatory Act of 1989.
Notwithstanding any other provision of this Act, in the
event the Chairman shall make a finding that a member is or
will be unavailable to fulfill the responsibilities of his or
her office, the Chairman shall advise the Governor and the
member in writing and shall designate a certified arbitrator
to serve as acting Commissioner. The certified arbitrator
shall act as a Commissioner until the member resumes the
duties of his or her office or until a new member is
appointed by the Governor, by and with the consent of the
Senate, if a vacancy occurs in the office of the
Commissioner, but in no event shall a certified arbitrator
serve in the capacity of Commissioner for more than 6 months
from the date of appointment by the Chairman. A finding by
the Chairman that a member is or will be unavailable to
fulfill the responsibilities of his or her office shall be
based upon notice to the Chairman by a member that he or she
will be unavailable or facts and circumstances made known to
the Chairman which lead him to reasonably find that a member
is unavailable to fulfill the responsibilities of his or her
office. The designation of a certified arbitrator to act as
a Commissioner shall be considered representative of citizens
not identified with either the employing or employee classes
and the arbitrator shall serve regardless of his or her
political affiliation. A certified arbitrator who serves as
an acting Commissioner shall have all the rights and powers
of a Commissioner, including salary.
Notwithstanding any other provision of this Act, the
Governor shall appoint a special panel of Commissioners
comprised of 3 members who shall be chosen by the Governor,
by and with the consent of the Senate, from among the current
ranks of certified arbitrators. Three members shall hold
office until the Commission in consultation with the Governor
determines that the caseload on review has been reduced
sufficiently to allow cases to proceed in a timely manner or
for a term of 18 months from the effective date of their
appointment by the Governor, whichever shall be earlier. The
3 members shall be considered representative of citizens not
identified with either the employing or employee classes and
shall serve regardless of political affiliation. Each of the
3 members shall have only such rights and powers of a
Commissioner necessary to dispose of those cases assigned to
the special panel. Each of the 3 members appointed to the
special panel shall receive the same salary as other
Commissioners for the duration of the panel.
The Commission may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with
the advice and consent of the Senate. The salary and duties
of the Executive Director shall be fixed by the Commission.
(Source: P.A. 86-998; 86-1405.)
Section 999-85. Severability. The provisions of this
Act are severable under Section 1.31 of the Statute on
Statutes.
Section 999-99. Effective date. This Act takes effect
upon becoming law.
Effective Date: 8/11/2003
|
Translate
