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