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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2309 Introduced 2/26/2021, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: |
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Amends the Salaries Act. Provides that no member of a State commission, board, or similar entity now or hereafter established or authorized by the General Assembly, or otherwise created under Illinois law, shall receive a salary, per diem, or other compensation for his or her service as a member of that board, commission, or similar entity. Provides that any rule or law, or provision thereof, which contradicts the provisions prohibiting board and commission member salary is rendered null and void, and no longer controlling. Specifies that the provisions do not apply to reimbursement for expenses incurred through service as a member, but that no member not already entitled to reimbursement for expenses as of the effective date of this amendatory Act shall be afforded such reimbursement. Makes conforming changes.
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| | A BILL FOR |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Salaries Act is amended by adding Section 5 |
5 | | as follows: |
6 | | (5 ILCS 290/5 new) |
7 | | Sec. 5. Salaries of commission and board members. |
8 | | Notwithstanding any rule or provision of law to the contrary, |
9 | | no member of a State commission, board, or similar entity now |
10 | | or hereafter established or authorized by the General |
11 | | Assembly, or otherwise created under Illinois law, shall |
12 | | receive a salary, per diem, or other compensation for his or |
13 | | her service as a member of that board, commission, or similar |
14 | | entity, as of the effective date of this amendatory Act of the |
15 | | 102nd General Assembly. Any rule or law, or provision thereof, |
16 | | which contradicts this Section is rendered null and void, and |
17 | | this Section shall control. This Section does not apply to |
18 | | reimbursement for expenses incurred through service as a |
19 | | member; however, no member not already entitled to |
20 | | reimbursement for expenses as of the effective date of this |
21 | | amendatory Act of the 102nd General Assembly shall be afforded |
22 | | such reimbursement. |
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1 | | Section 10. The Illinois Public Labor Relations Act is |
2 | | amended by changing Section 5 as follows:
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3 | | (5 ILCS 315/5) (from Ch. 48, par. 1605)
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4 | | Sec. 5. Illinois Labor Relations Board; State Panel; Local |
5 | | Panel.
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6 | | (a) There is created the Illinois Labor Relations Board. |
7 | | The Board shall
be comprised of 2 panels, to be known as the |
8 | | State Panel and the Local Panel.
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9 | | (a-5) The State Panel shall have jurisdiction over |
10 | | collective bargaining
matters between employee organizations |
11 | | and the State of Illinois, excluding the
General Assembly of |
12 | | the State of Illinois, between employee organizations and
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13 | | units of local government and school districts with a |
14 | | population not in excess
of 2 million persons, and between |
15 | | employee organizations and the Regional
Transportation |
16 | | Authority.
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17 | | The State Panel shall consist of 5 members appointed by |
18 | | the Governor, with
the advice and consent of the Senate. The |
19 | | Governor shall appoint to the State
Panel only persons who |
20 | | have had a minimum of 5 years of experience directly
related to |
21 | | labor and employment relations in representing public |
22 | | employers,
private employers or labor organizations; or |
23 | | teaching labor or employment
relations; or administering |
24 | | executive orders or regulations applicable to labor
or |
25 | | employment relations. At the time of his or her appointment, |
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1 | | each member of
the State Panel shall be an Illinois resident. |
2 | | The Governor shall designate
one member to serve as the |
3 | | Chairman of the State Panel and the Board.
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4 | | Notwithstanding any other provision of this Section, the |
5 | | term of each
member of the State Panel who was appointed by the |
6 | | Governor and is in office
on June 30, 2003 shall terminate at |
7 | | the close of business on that date or when
all of the successor |
8 | | members to be appointed pursuant to this amendatory Act
of the |
9 | | 93rd General Assembly have been appointed by the Governor, |
10 | | whichever
occurs later. As soon as possible, the Governor |
11 | | shall appoint persons to
fill the vacancies created by this |
12 | | amendatory Act.
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13 | | The initial appointments under this amendatory Act of the |
14 | | 93rd
General Assembly shall be for terms as follows: The |
15 | | Chairman shall initially
be appointed for a term ending on the |
16 | | 4th Monday in January, 2007;
2 members shall be initially |
17 | | appointed for terms ending on the 4th Monday in
January, 2006; |
18 | | one member shall be initially appointed for a term
ending on |
19 | | the 4th Monday in January, 2005; and one member shall be
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20 | | initially appointed for a term ending on the 4th Monday in |
21 | | January, 2004. Each
subsequent member shall be appointed for a |
22 | | term of 4 years, commencing on the
4th Monday in January. Upon |
23 | | expiration of the term of office of any appointive
member, |
24 | | that member shall continue to serve until a successor shall be
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25 | | appointed and qualified. In case of a vacancy, a successor |
26 | | shall be appointed
to serve for the unexpired portion of the |
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1 | | term. If the Senate is not in
session at the time the initial |
2 | | appointments are made, the Governor
shall make temporary |
3 | | appointments in the same manner successors are appointed
to |
4 | | fill vacancies. A temporary appointment shall remain in effect |
5 | | no longer
than 20 calendar days after the commencement of the |
6 | | next Senate session.
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7 | | (b) The Local Panel shall have jurisdiction over |
8 | | collective bargaining
agreement matters between employee |
9 | | organizations and units of local government
with a population |
10 | | in excess of 2 million persons, but excluding the Regional
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11 | | Transportation Authority.
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12 | | The Local Panel shall consist of one person appointed by |
13 | | the Governor with
the advice and consent of the Senate (or, if |
14 | | no such person is appointed, the
Chairman of the State Panel) |
15 | | and two additional members, one appointed by the
Mayor of the |
16 | | City of Chicago and one appointed by the President of the Cook
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17 | | County Board of Commissioners. Appointees to the Local Panel |
18 | | must have had a
minimum of 5 years of experience directly |
19 | | related to labor and employment
relations in representing |
20 | | public employers, private employers or labor
organizations; or |
21 | | teaching labor or employment relations; or administering
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22 | | executive orders or regulations applicable to labor or |
23 | | employment relations.
Each member of the Local Panel shall be |
24 | | an Illinois resident at the time of
his or her appointment. The |
25 | | member appointed by the Governor (or, if no such
person is |
26 | | appointed, the Chairman of the State Panel) shall serve as the
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1 | | Chairman of the Local Panel.
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2 | | Notwithstanding any other provision of this Section, the |
3 | | term of the
member of the Local Panel who was appointed by the |
4 | | Governor and is in office
on June 30, 2003 shall terminate at |
5 | | the close of business on that date or when
his or her successor |
6 | | has been appointed by the Governor, whichever occurs
later. As |
7 | | soon as possible, the Governor shall appoint a person to fill |
8 | | the
vacancy created by this amendatory Act. The initial |
9 | | appointment under this
amendatory Act of the 93rd General |
10 | | Assembly shall be for a term ending on the
4th Monday in |
11 | | January, 2007.
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12 | | The initial appointments under this amendatory Act of the |
13 | | 91st General
Assembly shall be for terms as follows: The |
14 | | member appointed by the Governor
shall initially be appointed |
15 | | for a term ending on the 4th Monday in January,
2001; the |
16 | | member appointed by the President of the Cook County Board |
17 | | shall be
initially appointed for a term ending on the 4th |
18 | | Monday in January, 2003; and
the member appointed by the Mayor |
19 | | of the City of Chicago shall be initially
appointed for a term |
20 | | ending on the 4th Monday in January, 2004. Each
subsequent |
21 | | member shall be appointed for a term of 4 years, commencing
on |
22 | | the 4th Monday in January. Upon expiration of the term of |
23 | | office of any
appointive member, the member shall continue to |
24 | | serve until a successor shall
be appointed and qualified. In |
25 | | the case of a vacancy, a successor shall be
appointed by the |
26 | | applicable appointive authority to serve for the unexpired
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1 | | portion of the term.
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2 | | (c) Three members of the State Panel shall at all times |
3 | | constitute
a quorum. Two members of the Local Panel shall at |
4 | | all times constitute a
quorum. A vacancy on a panel does not |
5 | | impair the right of the remaining
members to exercise all of |
6 | | the powers of that panel. Each panel shall adopt an
official |
7 | | seal which shall be judicially noticed. The Chairperson of the |
8 | | State Panel and the other members of the State and Local Panels |
9 | | shall receive no salary. The salary of the Chairman of
the |
10 | | State Panel shall be $82,429 per year, or as set by the |
11 | | Compensation Review
Board, whichever is greater, and that of |
12 | | the other members of the State and
Local Panels shall be |
13 | | $74,188 per year, or as set by the Compensation Review
Board, |
14 | | whichever is greater.
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15 | | (d) Each member shall devote his or her entire time to the |
16 | | duties of
the office, and shall hold no other office or |
17 | | position of profit, nor engage
in any other business, |
18 | | employment, or vocation.
No member shall hold any other public |
19 | | office or be employed as a labor
or management representative |
20 | | by the State or any political subdivision of
the State or of |
21 | | any department or agency thereof, or actively represent or act
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22 | | on behalf of an employer or an employee organization or an |
23 | | employer in labor
relations matters. Any member of the State |
24 | | Panel may be removed
from office by the Governor for |
25 | | inefficiency,
neglect of duty, misconduct or malfeasance in |
26 | | office, and for no other cause,
and only upon notice and |
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1 | | hearing. Any member of the Local Panel
may be removed from |
2 | | office by the applicable appointive authority for
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3 | | inefficiency, neglect of duty, misconduct or malfeasance in |
4 | | office, and for no
other cause, and only upon notice and |
5 | | hearing.
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6 | | (e) Each panel at the end of every State fiscal
year shall |
7 | | make a report in writing to the Governor and the General |
8 | | Assembly,
stating in detail the work it has done in hearing and |
9 | | deciding cases and
otherwise.
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10 | | (f) In order to accomplish the objectives and carry out |
11 | | the duties
prescribed by this Act, a panel or its
authorized |
12 | | designees may hold elections to determine whether a labor
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13 | | organization has majority status; investigate and attempt to |
14 | | resolve or settle
charges of unfair labor practices; hold |
15 | | hearings in order to carry out its
functions; develop and |
16 | | effectuate appropriate impasse resolution procedures for
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17 | | purposes of resolving labor disputes; require the appearance |
18 | | of witnesses and
the production of evidence on any matter |
19 | | under inquiry; and administer oaths
and affirmations. The |
20 | | panels shall sign and report in
full an opinion in every case |
21 | | which they decide.
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22 | | (g) Each panel may appoint or employ an executive
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23 | | director, attorneys, hearing officers, mediators, |
24 | | fact-finders, arbitrators,
and such other employees as it may |
25 | | deem necessary to perform
its functions. The governing boards |
26 | | shall prescribe the duties
and qualifications of such persons |
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1 | | appointed and, subject to the annual
appropriation, fix their |
2 | | compensation and provide for reimbursement of actual
and |
3 | | necessary expenses incurred in the performance of their |
4 | | duties. The Board shall employ a minimum of 16 attorneys and 6 |
5 | | investigators.
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6 | | (h) Each panel shall exercise general supervision
over all |
7 | | attorneys which it employs and over the other persons employed |
8 | | to
provide necessary support services for such attorneys. The |
9 | | panels shall have final authority in respect to complaints
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10 | | brought pursuant to this Act.
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11 | | (i) The following rules and regulations shall be adopted |
12 | | by the panels meeting in joint session: (1) procedural rules |
13 | | and
regulations which shall govern all Board proceedings; (2) |
14 | | procedures for
election of exclusive bargaining |
15 | | representatives pursuant to Section 9, except
for the |
16 | | determination of appropriate bargaining units; and (3) |
17 | | appointment
of counsel pursuant to subsection (k) of this |
18 | | Section.
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19 | | (j) Rules and regulations may be adopted, amended or |
20 | | rescinded only
upon a vote of 5 of the members of the State and |
21 | | Local Panels meeting
in joint session. The adoption,
amendment |
22 | | or rescission of rules and regulations shall be in conformity |
23 | | with
the requirements of the Illinois Administrative Procedure |
24 | | Act.
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25 | | (k) The panels in joint session shall promulgate
rules and |
26 | | regulations providing for the appointment of attorneys or |
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1 | | other Board
representatives to represent persons in unfair |
2 | | labor practice proceedings
before a panel. The regulations |
3 | | governing appointment
shall require the applicant to |
4 | | demonstrate an inability to pay for or inability
to otherwise |
5 | | provide for adequate representation before a panel. Such rules
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6 | | must also provide: (1) that an attorney may not be
appointed in |
7 | | cases which, in the opinion of a panel, are clearly
without |
8 | | merit; (2) the stage of the unfair labor proceeding at which |
9 | | counsel
will be appointed; and (3) the circumstances under |
10 | | which a client will be
allowed to select counsel.
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11 | | (1) The panels in joint session may promulgate
rules and |
12 | | regulations which allow parties in proceedings before a panel |
13 | | to be represented by counsel or any other representative
of |
14 | | the party's choice.
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15 | | (m) The Chairman of the State Panel shall serve
as |
16 | | Chairman of a joint session of the panels.
Attendance of at |
17 | | least 2 members of the State Panel and at least one
member of |
18 | | the Local Panel, in addition to
the Chairman, shall constitute |
19 | | a quorum at a joint session. The panels shall
meet in joint |
20 | | session at least annually.
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21 | | (Source: P.A. 96-813, eff. 10-30-09.)
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22 | | Section 15. The State Officials and Employees Ethics Act |
23 | | is amended by changing Section 20-5 as follows: |
24 | | (5 ILCS 430/20-5)
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1 | | Sec. 20-5. Executive Ethics Commission.
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2 | | (a) The Executive Ethics Commission is created.
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3 | | (b) The Executive Ethics Commission shall consist of 9
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4 | | commissioners.
The Governor shall appoint 5 commissioners, and |
5 | | the Attorney General, Secretary
of State, Comptroller, and |
6 | | Treasurer shall each appoint one commissioner.
Appointments |
7 | | shall be made by and with the advice and consent of the
Senate |
8 | | by three-fifths of the elected members concurring by record |
9 | | vote.
Any nomination not acted upon by the Senate within 60 |
10 | | session days of the
receipt thereof shall be deemed to have |
11 | | received the advice and consent of
the Senate. If, during a |
12 | | recess of the Senate, there is a vacancy in an office
of |
13 | | commissioner, the appointing authority shall make a temporary
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14 | | appointment until the next meeting of the Senate when the |
15 | | appointing
authority shall make a nomination to fill that |
16 | | office. No person rejected for
an office of commissioner |
17 | | shall, except by the Senate's request, be
nominated again for |
18 | | that office at the same session of the Senate or be
appointed |
19 | | to that office during a recess of that Senate.
No more than 5
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20 | | commissioners may be of the same
political party.
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21 | | The terms of the initial commissioners shall commence upon |
22 | | qualification.
Four initial appointees of the Governor, as |
23 | | designated by the Governor, shall
serve terms running through |
24 | | June 30, 2007. One initial appointee of the
Governor, as |
25 | | designated by the Governor, and the initial appointees of the
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26 | | Attorney General, Secretary of State, Comptroller, and |
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1 | | Treasurer shall serve
terms running through June 30, 2008.
The |
2 | | initial appointments shall be made within 60 days
after the |
3 | | effective date of this Act.
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4 | | After the initial terms, commissioners shall serve for |
5 | | 4-year terms
commencing on July 1 of the year of appointment |
6 | | and running
through June 30 of the fourth following year. |
7 | | Commissioners may be
reappointed to one or more subsequent |
8 | | terms.
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9 | | Vacancies occurring other than at the end of a term shall |
10 | | be filled
by the appointing authority only for the balance of |
11 | | the
term of the commissioner whose office is vacant.
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12 | | Terms shall run regardless of whether the position is |
13 | | filled.
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14 | | (c) The appointing authorities shall appoint commissioners |
15 | | who
have experience holding governmental office or employment |
16 | | and shall
appoint commissioners from the general public.
A |
17 | | person is not eligible to
serve as a commissioner if that |
18 | | person (i) has been convicted of a
felony or a crime of |
19 | | dishonesty or moral turpitude, (ii) is, or was
within the |
20 | | preceding 12 months, engaged in activities that
require |
21 | | registration under the Lobbyist Registration Act, (iii) is |
22 | | related
to the appointing authority, or (iv) is a State |
23 | | officer or employee.
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24 | | (d) The Executive Ethics Commission shall have
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25 | | jurisdiction over all officers and employees of State agencies |
26 | | other
than the General Assembly, the Senate, the House of |
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1 | | Representatives,
the President and Minority Leader of the |
2 | | Senate, the Speaker and
Minority Leader of the House of |
3 | | Representatives, the Senate
Operations Commission, the |
4 | | legislative support services agencies, and
the Office of the |
5 | | Auditor General.
The Executive Ethics Commission shall have |
6 | | jurisdiction over all board members and employees of Regional |
7 | | Transit Boards. The jurisdiction of the
Commission is limited |
8 | | to matters arising under this Act, except as provided in |
9 | | subsection (d-5).
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10 | | A member or legislative branch State employee serving on |
11 | | an executive branch board or commission remains subject to the |
12 | | jurisdiction of the Legislative Ethics Commission and is not |
13 | | subject to the jurisdiction of the Executive Ethics |
14 | | Commission. |
15 | | (d-5) The Executive Ethics Commission shall have |
16 | | jurisdiction over all chief procurement officers and |
17 | | procurement compliance monitors and their respective staffs. |
18 | | The Executive Ethics Commission shall have jurisdiction over |
19 | | any matters arising under the Illinois Procurement Code if the |
20 | | Commission is given explicit authority in that Code. |
21 | | (d-6) (1) The Executive Ethics Commission shall have |
22 | | jurisdiction over the Illinois Power Agency and its staff. The |
23 | | Director of the Agency shall be appointed by a majority of the |
24 | | commissioners of the Executive Ethics Commission, subject to |
25 | | Senate confirmation, for a term of 2 years. The Director is |
26 | | removable for cause by a majority of the Commission upon a |
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1 | | finding of neglect, malfeasance, absence, or incompetence. |
2 | | (2) In case of a vacancy in the office of Director of the |
3 | | Illinois Power Agency during a recess of the Senate, the |
4 | | Executive Ethics Commission may make a temporary appointment |
5 | | until the next meeting of the Senate, at which time the |
6 | | Executive Ethics Commission shall nominate some person to fill |
7 | | the office, and any person so nominated who is confirmed by the |
8 | | Senate shall hold office during the remainder of the term and |
9 | | until his or her successor is appointed and qualified. Nothing |
10 | | in this subsection shall prohibit the Executive Ethics |
11 | | Commission from removing a temporary appointee or from |
12 | | appointing a temporary appointee as the Director of the |
13 | | Illinois Power Agency. |
14 | | (3) Prior to June 1, 2012, the Executive Ethics Commission |
15 | | may, until the Director of the Illinois Power Agency is |
16 | | appointed and qualified or a temporary appointment is made |
17 | | pursuant to paragraph (2) of this subsection, designate some |
18 | | person as an acting Director to execute the powers and |
19 | | discharge the duties vested by law in that Director. An acting |
20 | | Director shall serve no later than 60 calendar days, or upon |
21 | | the making of an appointment pursuant to paragraph (1) or (2) |
22 | | of this subsection, whichever is earlier. Nothing in this |
23 | | subsection shall prohibit the Executive Ethics Commission from |
24 | | removing an acting Director or from appointing an acting |
25 | | Director as the Director of the Illinois Power Agency. |
26 | | (4) No person rejected by the Senate for the office of |
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1 | | Director of the Illinois Power Agency shall, except at the |
2 | | Senate's request, be nominated again for that office at the |
3 | | same session or be appointed to that office during a recess of |
4 | | that Senate. |
5 | | (d-7) The Executive Ethics Commission shall have |
6 | | jurisdiction over complainants and respondents in violation of |
7 | | subsection (d) of Section 20-90. |
8 | | (e) The Executive Ethics Commission must meet, either
in |
9 | | person or by other technological means, at least monthly and |
10 | | as
often as necessary. At the first meeting of the Executive
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11 | | Ethics Commission, the commissioners shall choose from their
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12 | | number a chairperson and other officers that they deem |
13 | | appropriate.
The terms of officers shall be for 2 years |
14 | | commencing July 1 and
running through June 30 of the second |
15 | | following year. Meetings shall be held at
the call
of the |
16 | | chairperson or any 3 commissioners. Official action by the
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17 | | Commission shall require the affirmative vote of 5 |
18 | | commissioners, and
a quorum shall consist of 5 commissioners. |
19 | | Commissioners shall receive no compensation, but
compensation |
20 | | in an amount equal to the compensation of members of the State
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21 | | Board of Elections and may be
reimbursed for their reasonable |
22 | | expenses actually incurred in the
performance of their duties.
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23 | | (f) No commissioner or employee of the Executive
Ethics |
24 | | Commission may during his or her term of appointment or |
25 | | employment:
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26 | | (1) become a candidate for any elective office;
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1 | | (2) hold any other elected or appointed public office |
2 | | except for
appointments on governmental advisory boards or |
3 | | study commissions or as
otherwise expressly authorized by |
4 | | law;
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5 | | (3) be actively involved in the affairs of any |
6 | | political party or
political
organization; or
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7 | | (4) advocate for the appointment of another person to |
8 | | an appointed or elected office or position or actively |
9 | | participate in any campaign for any elective office.
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10 | | (g) An appointing authority may remove a commissioner only |
11 | | for cause.
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12 | | (h) The Executive Ethics Commission shall appoint an |
13 | | Executive Director. The
compensation of the Executive Director |
14 | | shall be as determined by the Commission. The Executive
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15 | | Director of the Executive Ethics Commission may employ and |
16 | | determine the
compensation of staff, as appropriations permit.
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17 | | (i) The Executive Ethics Commission shall appoint, by a |
18 | | majority of the members appointed to the Commission, chief |
19 | | procurement officers and may appoint procurement compliance |
20 | | monitors in accordance with the provisions of the Illinois |
21 | | Procurement Code. The compensation of a chief procurement |
22 | | officer and procurement compliance monitor shall be determined |
23 | | by the Commission. |
24 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19; |
25 | | 101-617, eff. 12-20-19.) |
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1 | | Section 20. The Election Code is amended by changing |
2 | | Section 1A-6.1 as follows:
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3 | | (10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
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4 | | Sec. 1A-6.1.
The chair of the State Board of Elections |
5 | | shall preside
at all meetings of the Board, except that the |
6 | | vice chair shall preside
at any meeting when the chair is |
7 | | absent. Board members, including the chair and vice chair, |
8 | | shall receive no salary for serving as members. The salary of |
9 | | the chair
shall be $25,000 per year, or as set by the |
10 | | Compensation Review Board,
whichever is greater, and the |
11 | | salary of the vice-chair shall be $20,000
per year, or as set |
12 | | by the Compensation Review Board, whichever is
greater. The |
13 | | salary of the other Board members
shall be $15,000 per year, or |
14 | | as set by the Compensation Review Board,
whichever is greater. |
15 | | Each member shall be reimbursed for actual expenses
incurred |
16 | | in the performance of his duties.
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17 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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18 | | Section 25. The Civil Administrative Code of Illinois is |
19 | | amended by changing Sections 5-155, 5-340, and 5-565 as |
20 | | follows:
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21 | | (20 ILCS 5/5-155) (was 20 ILCS 5/5.04)
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22 | | Sec. 5-155.
In the Office of Mines and
Minerals of the |
23 | | Department of Natural Resources.
In the Office of Mines and |
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1 | | Minerals of the Department of Natural
Resources, there shall |
2 | | be a State Mining Board, which shall consist
of 6 officers |
3 | | designated as mine officers and the Director of the
Office
of |
4 | | Mines and Minerals. Three officers shall be representatives of |
5 | | the
employing class and 3 officers shall be chosen from a labor |
6 | | organization recognized under the National Labor Relations Act |
7 | | representing coal miners. Mine officers shall receive no |
8 | | salary for serving on the State Mining Board. The 6 mine |
9 | | officers shall be
qualified as follows:
|
10 | | (1) Two mine officers from the employing class shall |
11 | | have at
least 4 years'
experience in a supervisory |
12 | | capacity in an underground coal mine and each
shall hold a |
13 | | certificate of competency as an Illinois mine examiner or |
14 | | Illinois mine manager.
|
15 | | (2) The third mine officer from the employing class |
16 | | shall have
at least
4 years' experience in a supervisory |
17 | | capacity in a surface coal mine.
|
18 | | (3) Two mine officers chosen from a labor organization |
19 | | representing coal miners shall have 4
years experience
in |
20 | | an underground coal mine and shall hold certificates of
|
21 | | competency as an Illinois mine examiner.
|
22 | | (4) The third mine officer chosen from a labor |
23 | | organization representing coal miners shall have
at least
|
24 | | 4 years experience in a surface coal mine.
|
25 | | (Source: P.A. 101-384, eff. 1-1-20 .)
|
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1 | | (20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
|
2 | | Sec. 5-340. In the Department of Employment Security. For |
3 | | terms ending before December 31, 2019, the Director of
|
4 | | Employment Security shall receive an annual salary as set by |
5 | | the Compensation Review Board.
|
6 | | Each member of the Board of Review shall receive no salary |
7 | | $15,000 .
|
8 | | (Source: P.A. 100-1179, eff. 1-18-19.)
|
9 | | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
|
10 | | Sec. 5-565. In the Department of Public Health.
|
11 | | (a) The General Assembly declares it to be the public |
12 | | policy of this
State that all citizens of Illinois are |
13 | | entitled to lead healthy lives.
Governmental public health has |
14 | | a specific responsibility to ensure that a
public health |
15 | | system is in place to allow the public health mission to be |
16 | | achieved. The public health system is the collection of |
17 | | public, private, and voluntary entities as well as individuals |
18 | | and informal associations that contribute to the public's |
19 | | health within the State. To
develop a public health system |
20 | | requires certain core functions to be performed by
government. |
21 | | The State Board of Health is to assume the leadership role in
|
22 | | advising the Director in meeting the following functions:
|
23 | | (1) Needs assessment.
|
24 | | (2) Statewide health objectives.
|
25 | | (3) Policy development.
|
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| | SB2309 | - 19 - | LRB102 04340 RJF 14358 b |
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|
1 | | (4) Assurance of access to necessary services.
|
2 | | There shall be a State Board of Health composed of 20 |
3 | | persons,
all of
whom shall be appointed by the Governor, with |
4 | | the advice and consent of the
Senate for those appointed by the |
5 | | Governor on and after June 30, 1998,
and one of whom shall be a
|
6 | | senior citizen age 60 or over. Five members shall be |
7 | | physicians licensed
to practice medicine in all its branches, |
8 | | one representing a medical school
faculty, one who is board |
9 | | certified in preventive medicine, and one who is
engaged in |
10 | | private practice. One member shall be a chiropractic |
11 | | physician. One member shall be a dentist; one an
environmental |
12 | | health practitioner; one a local public health administrator;
|
13 | | one a local board of health member; one a registered nurse; one |
14 | | a physical therapist; one an optometrist; one a
veterinarian; |
15 | | one a public health academician; one a health care industry
|
16 | | representative; one a representative of the business |
17 | | community; one a representative of the non-profit public |
18 | | interest community; and 2 shall be citizens at large.
|
19 | | The terms of Board of Health members shall be 3 years, |
20 | | except that members shall continue to serve on the Board of |
21 | | Health until a replacement is appointed. Upon the effective |
22 | | date of Public Act 93-975 (January 1, 2005) this amendatory |
23 | | Act of the 93rd General Assembly , in the appointment of the |
24 | | Board of Health members appointed to vacancies or positions |
25 | | with terms expiring on or before December 31, 2004, the |
26 | | Governor shall appoint up to 6 members to serve for terms of 3 |
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| | SB2309 | - 20 - | LRB102 04340 RJF 14358 b |
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|
1 | | years; up to 6 members to serve for terms of 2 years; and up to |
2 | | 5 members to serve for a term of one year, so that the term of |
3 | | no more than 6 members expire in the same year.
All members |
4 | | shall
be legal residents of the State of Illinois. The duties |
5 | | of the Board shall
include, but not be limited to, the |
6 | | following:
|
7 | | (1) To advise the Department of ways to encourage |
8 | | public understanding
and support of the Department's |
9 | | programs.
|
10 | | (2) To evaluate all boards, councils, committees, |
11 | | authorities, and
bodies
advisory to, or an adjunct of, the |
12 | | Department of Public Health or its
Director for the |
13 | | purpose of recommending to the Director one or
more of the |
14 | | following:
|
15 | | (i) The elimination of bodies whose activities
are |
16 | | not consistent with goals and objectives of the |
17 | | Department.
|
18 | | (ii) The consolidation of bodies whose activities |
19 | | encompass
compatible programmatic subjects.
|
20 | | (iii) The restructuring of the relationship |
21 | | between the various
bodies and their integration |
22 | | within the organizational structure of the
Department.
|
23 | | (iv) The establishment of new bodies deemed |
24 | | essential to the
functioning of the Department.
|
25 | | (3) To serve as an advisory group to the Director for
|
26 | | public health emergencies and
control of health hazards.
|
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1 | | (4) To advise the Director regarding public health |
2 | | policy,
and to make health policy recommendations |
3 | | regarding priorities to the
Governor through the Director.
|
4 | | (5) To present public health issues to the Director |
5 | | and to make
recommendations for the resolution of those |
6 | | issues.
|
7 | | (6) To recommend studies to delineate public health |
8 | | problems.
|
9 | | (7) To make recommendations to the Governor through |
10 | | the Director
regarding the coordination of State public |
11 | | health activities with other
State and local public health |
12 | | agencies and organizations.
|
13 | | (8) To report on or before February 1 of each year on |
14 | | the health of the
residents of Illinois to the Governor, |
15 | | the General Assembly, and the
public.
|
16 | | (9) To review the final draft of all proposed |
17 | | administrative rules,
other than emergency or peremptory |
18 | | preemptory rules and those rules that another
advisory |
19 | | body must approve or review within a statutorily defined |
20 | | time
period, of the Department after September 19, 1991 |
21 | | (the effective date of
Public Act
87-633). The Board shall |
22 | | review the proposed rules within 90
days of
submission by |
23 | | the Department. The Department shall take into |
24 | | consideration
any comments and recommendations of the |
25 | | Board regarding the proposed rules
prior to submission to |
26 | | the Secretary of State for initial publication. If
the |
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|
1 | | Department disagrees with the recommendations of the |
2 | | Board, it shall
submit a written response outlining the |
3 | | reasons for not accepting the
recommendations.
|
4 | | In the case of proposed administrative rules or |
5 | | amendments to
administrative
rules regarding immunization |
6 | | of children against preventable communicable
diseases |
7 | | designated by the Director under the Communicable Disease |
8 | | Prevention
Act, after the Immunization Advisory Committee |
9 | | has made its
recommendations, the Board shall conduct 3 |
10 | | public hearings, geographically
distributed
throughout the |
11 | | State. At the conclusion of the hearings, the State Board |
12 | | of
Health shall issue a report, including its |
13 | | recommendations, to the Director.
The Director shall take |
14 | | into consideration any comments or recommendations made
by |
15 | | the Board based on these hearings.
|
16 | | (10) To deliver to the Governor for presentation to |
17 | | the General Assembly a State Health Improvement Plan. The |
18 | | first 3 such plans shall be delivered to the Governor on |
19 | | January 1, 2006, January 1, 2009, and January 1, 2016 and |
20 | | then every 5 years thereafter. |
21 | | The Plan shall recommend priorities and strategies to |
22 | | improve the public health system and the health status of |
23 | | Illinois residents, taking into consideration national |
24 | | health objectives and system standards as frameworks for |
25 | | assessment. |
26 | | The Plan shall also take into consideration priorities |
|
| | SB2309 | - 23 - | LRB102 04340 RJF 14358 b |
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1 | | and strategies developed at the community level through |
2 | | the Illinois Project for Local Assessment of Needs (IPLAN) |
3 | | and any regional health improvement plans that may be |
4 | | developed.
The Plan shall focus on prevention as a key |
5 | | strategy for long-term health improvement in Illinois. |
6 | | The Plan shall examine and make recommendations on the |
7 | | contributions and strategies of the public and private |
8 | | sectors for improving health status and the public health |
9 | | system in the State. In addition to recommendations on |
10 | | health status improvement priorities and strategies for |
11 | | the population of the State as a whole, the Plan shall make |
12 | | recommendations regarding priorities and strategies for |
13 | | reducing and eliminating health disparities in Illinois; |
14 | | including racial, ethnic, gender, age, socio-economic , and |
15 | | geographic disparities. |
16 | | The Director of the Illinois Department of Public |
17 | | Health shall appoint a Planning Team that includes a range |
18 | | of public, private, and voluntary sector stakeholders and |
19 | | participants in the public health system. This Team shall |
20 | | include: the directors of State agencies with public |
21 | | health responsibilities (or their designees), including , |
22 | | but not limited to , the Illinois Departments of Public |
23 | | Health and Department of Human Services, representatives |
24 | | of local health departments, representatives of local |
25 | | community health partnerships, and individuals with |
26 | | expertise who represent an array of organizations and |
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| | SB2309 | - 24 - | LRB102 04340 RJF 14358 b |
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|
1 | | constituencies engaged in public health improvement and |
2 | | prevention. |
3 | | The State Board of Health shall hold at least 3 public |
4 | | hearings addressing drafts of the Plan in representative |
5 | | geographic areas of the State.
Members of the Planning |
6 | | Team shall receive no compensation for their services, but |
7 | | may be reimbursed for their necessary expenses.
|
8 | | Upon the delivery of each State Health Improvement |
9 | | Plan, the Governor shall appoint a SHIP Implementation |
10 | | Coordination Council that includes a range of public, |
11 | | private, and voluntary sector stakeholders and |
12 | | participants in the public health system. The Council |
13 | | shall include the directors of State agencies and entities |
14 | | with public health system responsibilities (or their |
15 | | designees), including , but not limited to , the Department |
16 | | of Public Health, Department of Human Services, Department |
17 | | of Healthcare and Family Services, Environmental |
18 | | Protection Agency, Illinois State Board of Education, |
19 | | Department on Aging, Illinois Violence Prevention |
20 | | Authority, Department of Agriculture, Department of |
21 | | Insurance, Department of Financial and Professional |
22 | | Regulation, Department of Transportation, and Department |
23 | | of Commerce and Economic Opportunity and the Chair of the |
24 | | State Board of Health. The Council shall include |
25 | | representatives of local health departments and |
26 | | individuals with expertise who represent an array of |
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1 | | organizations and constituencies engaged in public health |
2 | | improvement and prevention, including non-profit public |
3 | | interest groups, health issue groups, faith community |
4 | | groups, health care providers, businesses and employers, |
5 | | academic institutions, and community-based organizations. |
6 | | The Governor shall endeavor to make the membership of the |
7 | | Council representative of the racial, ethnic, gender, |
8 | | socio-economic, and geographic diversity of the State. The |
9 | | Governor shall designate one State agency representative |
10 | | and one other non-governmental member as co-chairs of the |
11 | | Council. The Governor shall designate a member of the |
12 | | Governor's office to serve as liaison to the Council and |
13 | | one or more State agencies to provide or arrange for |
14 | | support to the Council. The members of the SHIP |
15 | | Implementation Coordination Council for each State Health |
16 | | Improvement Plan shall serve until the delivery of the |
17 | | subsequent State Health Improvement Plan, whereupon a new |
18 | | Council shall be appointed. Members of the SHIP Planning |
19 | | Team may serve on the SHIP Implementation Coordination |
20 | | Council if so appointed by the Governor. |
21 | | The SHIP Implementation Coordination Council shall |
22 | | coordinate the efforts and engagement of the public, |
23 | | private, and voluntary sector stakeholders and |
24 | | participants in the public health system to implement each |
25 | | SHIP. The Council shall serve as a forum for collaborative |
26 | | action; coordinate existing and new initiatives; develop |
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1 | | detailed implementation steps, with mechanisms for action; |
2 | | implement specific projects; identify public and private |
3 | | funding sources at the local, State and federal level; |
4 | | promote public awareness of the SHIP; advocate for the |
5 | | implementation of the SHIP; and develop an annual report |
6 | | to the Governor, General Assembly, and public regarding |
7 | | the status of implementation of the SHIP. The Council |
8 | | shall not, however, have the authority to direct any |
9 | | public or private entity to take specific action to |
10 | | implement the SHIP. |
11 | | (11) Upon the request of the Governor, to recommend to |
12 | | the Governor
candidates for Director of Public Health when |
13 | | vacancies occur in the position.
|
14 | | (12) To adopt bylaws for the conduct of its own |
15 | | business, including the
authority to establish ad hoc |
16 | | committees to address specific public health
programs |
17 | | requiring resolution.
|
18 | | (13) (Blank). |
19 | | Upon appointment, the Board shall elect a chairperson from |
20 | | among its
members.
|
21 | | Members of the Board shall receive no compensation for |
22 | | serving as members, but compensation for their services at the
|
23 | | rate of $150 per day, not to exceed $10,000 per year, as |
24 | | designated by the
Director for each day required for |
25 | | transacting the business of the Board
and shall be reimbursed |
26 | | for necessary expenses incurred in the performance
of their |
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| | SB2309 | - 27 - | LRB102 04340 RJF 14358 b |
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1 | | duties. The Board shall meet from time to time at the call of |
2 | | the
Department, at the call of the chairperson, or upon the |
3 | | request of 3 of its
members, but shall not meet less than 4 |
4 | | times per year.
|
5 | | (b) (Blank).
|
6 | | (c) An Advisory Board on Necropsy Service to Coroners, |
7 | | which shall
counsel and advise with the Director on the |
8 | | administration of the Autopsy
Act. The Advisory Board shall |
9 | | consist of 11 members, including
a senior citizen age 60 or |
10 | | over, appointed by the Governor, one of
whom shall be |
11 | | designated as chairman by a majority of the members of the
|
12 | | Board. In the appointment of the first Board the Governor |
13 | | shall appoint 3
members to serve for terms of 1 year, 3 for |
14 | | terms of 2 years, and 3 for
terms of 3 years. The members first |
15 | | appointed under Public Act 83-1538 shall serve for a term of 3 |
16 | | years. All members appointed thereafter
shall be appointed for |
17 | | terms of 3 years, except that when an
appointment is made
to |
18 | | fill a vacancy, the appointment shall be for the remaining
|
19 | | term of the position vacant. The members of the Board shall be |
20 | | citizens of
the State of Illinois. In the appointment of |
21 | | members of the Advisory Board
the Governor shall appoint 3 |
22 | | members who shall be persons licensed to
practice medicine and |
23 | | surgery in the State of Illinois, at least 2 of whom
shall have |
24 | | received post-graduate training in the field of pathology; 3
|
25 | | members who are duly elected coroners in this State; and 5 |
26 | | members who
shall have interest and abilities in the field of |
|
| | SB2309 | - 28 - | LRB102 04340 RJF 14358 b |
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1 | | forensic medicine but who
shall be neither persons licensed to |
2 | | practice any branch of medicine in
this State nor coroners. In |
3 | | the appointment of medical and coroner members
of the Board, |
4 | | the Governor shall invite nominations from recognized medical
|
5 | | and coroners organizations in this State respectively. Board |
6 | | members, while
serving on business of the Board, shall receive |
7 | | actual necessary travel and
subsistence expenses while so |
8 | | serving away from their places of residence.
|
9 | | (Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17; |
10 | | revised 7-17-19.)
|
11 | | Section 30. The Personnel Code is amended by changing |
12 | | Section 7d as follows:
|
13 | | (20 ILCS 415/7d) (from Ch. 127, par. 63b107d)
|
14 | | Sec. 7d. Compensation. The chairman and other members of |
15 | | the Commission shall receive no salary for serving as members |
16 | | shall be paid an annual salary of $8,200 from the third Monday
|
17 | | in January, 1979 to the third Monday in January, 1980; $8,700 |
18 | | from the third
Monday in January, 1980 to the third Monday in |
19 | | January, 1981; $9,300 from
the third Monday in January, 1981 |
20 | | to the third Monday in January 1982;
$10,000 from the third |
21 | | Monday in January, 1982 to the effective date of this
|
22 | | amendatory Act of the 91st General Assembly; and $25,000 |
23 | | thereafter, or as
set by the Compensation Review Board,
|
24 | | whichever
is greater. Other members of the Commission shall |
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| | SB2309 | - 29 - | LRB102 04340 RJF 14358 b |
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|
1 | | each be paid an
annual salary of $5,500 from the third Monday |
2 | | in January, 1979 to the third
Monday in January, 1980; $6,000 |
3 | | from the third Monday in January, 1980 to
the third Monday in |
4 | | January, 1981; $6,500 from the third Monday in January,
1981 |
5 | | to the third Monday in January, 1982; $7,500
from the third |
6 | | Monday in January, 1982 to the effective date of this
|
7 | | amendatory Act of the 91st General Assembly; and $20,000 |
8 | | thereafter, or as
set by the Compensation Review Board, |
9 | | whichever is greater . They shall
be entitled to
reimbursement |
10 | | for necessary traveling and other official expenditures
|
11 | | necessitated by their official duties.
|
12 | | (Source: P.A. 91-798, eff. 7-9-00.)
|
13 | | Section 35. The Illinois Lottery Law is amended by |
14 | | changing Section 6 as follows:
|
15 | | (20 ILCS 1605/6) (from Ch. 120, par. 1156)
|
16 | | Sec. 6.
There is hereby created an independent board to be |
17 | | known as the
Lottery Control Board, consisting of 5 members, |
18 | | all of whom shall be
citizens of the United States and |
19 | | residents of this State and shall be
appointed by the Governor |
20 | | with the advice and consent of the Senate. No
more than 3 of |
21 | | the 5 members shall be members of the same political
party. A |
22 | | chairman of the Board shall be chosen annually from the
|
23 | | membership of the Board by a majority of the members of the |
24 | | Board at the
first meeting of the Board each fiscal year.
|
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1 | | Initial members shall be appointed to the Board by the |
2 | | Governor as
follows: one member to serve until July 1, 1974, |
3 | | and until his successor
is appointed and qualified; 2 members |
4 | | to serve until July 1, 1975, and
until their successors are |
5 | | appointed and qualified; 2 members to serve
until July 1, |
6 | | 1976, and until their successors are appointed and
qualified. |
7 | | As terms of members so appointed expire, their successors
|
8 | | shall be appointed for terms to expire the first day in July 3 |
9 | | years
thereafter, and until their successors are appointed and |
10 | | qualified.
|
11 | | Any vacancy in the Board occurring for any reason other |
12 | | than
expiration of term, shall be filled for the unexpired |
13 | | term in the same
manner as the original appointment.
|
14 | | Any member of the Board may be removed by the Governor for |
15 | | neglect of
duty, misfeasance, malfeasance, or nonfeasance in |
16 | | office.
|
17 | | Board members shall receive as compensation for their |
18 | | services $100
for each day they are in attendance at any |
19 | | official board meeting, but in
no event shall members receive |
20 | | more than $1,200 per year. They
shall receive no other |
21 | | compensation for their services, but shall be
reimbursed for |
22 | | necessary traveling and other reasonable expenses
incurred in |
23 | | the performance of their official duties. Each member shall
|
24 | | make a full financial disclosure upon appointment.
|
25 | | The Board shall hold at least one meeting each quarter of |
26 | | the fiscal
year. In addition,
special meetings may be called |
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1 | | by the Chairman, any 2 Board members, or
the Director of the |
2 | | Department, upon delivery of 72 hours'
written notice to the |
3 | | office of each member. All Board meetings shall be
open to the |
4 | | public pursuant to the Open Meetings Act.
|
5 | | Three members of the Board shall constitute a quorum, and |
6 | | 3 votes
shall be required for any final determination by the |
7 | | Board. The Board
shall keep a complete and accurate record of |
8 | | all its meetings.
|
9 | | (Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
|
10 | | Section 40. The State Police Act is amended by changing |
11 | | Section 5 as follows:
|
12 | | (20 ILCS 2610/5) (from Ch. 121, par. 307.5)
|
13 | | Sec. 5.
Each member of the Board shall receive no |
14 | | compensation, but shall be reimbursed for the sum of $125 per |
15 | | day
for each day during which he is engaged in transacting the |
16 | | business of the
Board, or an amount set by the Compensation |
17 | | Review Board, whichever is
greater, and, in addition thereto, |
18 | | his actual traveling and other expenses
necessarily incurred |
19 | | in discharging the duties of his office ; provided, no
member |
20 | | of the Board shall receive compensation for more than 100
days |
21 | | of work in any one fiscal year .
|
22 | | (Source: P.A. 83-1177.)
|
23 | | Section 45. The Property Tax Code is amended by changing |
|
| | SB2309 | - 32 - | LRB102 04340 RJF 14358 b |
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|
1 | | Section 7-10 as follows:
|
2 | | (35 ILCS 200/7-10)
|
3 | | Sec. 7-10. Selection of members. The members of the |
4 | | Property Tax Appeal
Board shall be qualified by virtue of 5 |
5 | | years experience and training in the
field of public finance |
6 | | administration, at least 2 years of which shall be in
the field |
7 | | of property appraisal and property tax administration. No more |
8 | | than
3 members of the Board may be members of the same |
9 | | political party. The
Chairperson and other members of the |
10 | | Property Tax Appeal
Board shall receive no salary for serving |
11 | | as members Chairman of the Property Tax Appeal Board shall |
12 | | receive $28,000 per year, or an
amount set by the Compensation |
13 | | Review Board, whichever is greater; and each
other member of |
14 | | the Board shall receive $22,500 per year, or an amount set by
|
15 | | the Compensation Review Board, whichever is greater .
|
16 | | Of the 5 members of the Board the terms of 2 members shall |
17 | | expire on the
third Monday in January, 1995; the term of 2 |
18 | | members shall expire on the third
Monday in January, 1997; and |
19 | | the term of one member shall expire on the third
Monday in |
20 | | January, 1999. Members shall be appointed in each odd-numbered |
21 | | year
for a 6 year term commencing on the third Monday in |
22 | | January of such year. Each
member shall serve until a |
23 | | successor is appointed and qualified.
|
24 | | (Source: P.A. 84-1240; 88-455.)
|
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| | SB2309 | - 33 - | LRB102 04340 RJF 14358 b |
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1 | | Section 50. The Illinois International Port District Act |
2 | | is amended by changing Section 12 as follows:
|
3 | | (70 ILCS 1810/12) (from Ch. 19, par. 163)
|
4 | | Sec. 12.
The governing and administrative body of the |
5 | | District shall
be a board consisting of 9 members, to be known |
6 | | as the Illinois
International
Port District Board. Members of |
7 | | the Board shall be residents of a
county whose territory, in |
8 | | whole or in part, is embraced by the District
and persons of |
9 | | recognized business ability. The members of the Board
shall |
10 | | receive compensation for their services,
set by the Board at |
11 | | an amount not to exceed $20,000.00 annually, except
the |
12 | | Chairman may receive an additional $5,000.00 annually, if |
13 | | approved by
the Board. All such compensation shall be paid |
14 | | directly from the Port
District's operating funds. The members |
15 | | shall receive no other compensation
whatever, whether in form |
16 | | of salary, per diem allowance or otherwise, for or in
|
17 | | connection with his service as a member.
The preceding |
18 | | sentence shall not prevent any member from receiving any
|
19 | | non-salary benefit of the type received by employees of the |
20 | | District.
Each member shall be reimbursed
for actual expenses |
21 | | incurred by them in the performance of their duties.
Any |
22 | | person who is appointed to the office of secretary or |
23 | | treasurer
of the Board may receive compensation for services |
24 | | as such officer,
as determined by the Board, provided such |
25 | | person is not a member of the
Board. No member of the Board or |
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1 | | employee of the District
shall have any private
financial |
2 | | interest, profit or benefit in any contract, work or business
|
3 | | of the District nor in the sale or lease of any property to or |
4 | | from the
District.
|
5 | | (Source: P.A. 93-250, eff. 7-22-03.)
|
6 | | Section 55. The Upper Mississippi River International Port |
7 | | District Act is amended by changing Section 21 as follows: |
8 | | (70 ILCS 1863/21)
|
9 | | Sec. 21. Board of Commissioners. The governing and |
10 | | administrative body of the Port District shall be a Board of |
11 | | Commissioners consisting of 5 members, to be known as the |
12 | | Upper Mississippi River International Port District Board. All |
13 | | members of the Board shall be residents of the District and |
14 | | shall be known as Commissioners of the Upper Mississippi River |
15 | | International Port District Board. The members of the Board |
16 | | shall serve without compensation, but may serve with |
17 | | compensation not to exceed $6,000 per year and shall be |
18 | | reimbursed for actual expenses incurred by them in the |
19 | | performance of their duties. No Commissioner of the Board |
20 | | shall have any private financial interest, profit or benefit |
21 | | in any contract, work or business of the District nor in the |
22 | | sale or lease of any property to or from the District, except |
23 | | to the extent allowed under The Public Officer Prohibited |
24 | | Activities Act.
|
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1 | | (Source: P.A. 96-636, eff. 8-24-09.) |
2 | | Section 60. The Metropolitan Transit Authority Act is |
3 | | amended by changing Sections 19 and 22 as follows:
|
4 | | (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
|
5 | | Sec. 19. The governing and administrative body of the |
6 | | Authority shall be a
board consisting of seven members, to be |
7 | | known as Chicago Transit Board.
Members of the Board shall be |
8 | | residents of the metropolitan area and persons of
recognized |
9 | | business ability. No member of the Board of the
Authority |
10 | | shall hold any other office or employment under the Federal,
|
11 | | State or any County or any municipal government, or any other |
12 | | unit of local government, except an honorary office
without |
13 | | compensation or an office in the National Guard. No employee |
14 | | of
the Authority shall hold any other office or employment |
15 | | under the Federal,
State or any County or any municipal |
16 | | government, or any other unit of local government, except an |
17 | | office with
compensation not exceeding $15,000 annually or a |
18 | | position in the National
Guard or the United States military |
19 | | reserves. Provided, however,
that the Chairman may be a member |
20 | | of the Board of the Regional Transportation
Authority. No |
21 | | member of the
Board or employee of the Authority shall have any |
22 | | private financial
interest, profit or benefit in any contract, |
23 | | work or business of the
Authority nor in the sale or lease of |
24 | | any property to or from the
Authority. The salary of each |
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1 | | member of the initial Board shall be
$15,000.00 per annum, and |
2 | | such salary shall not be increased or diminished
during his or |
3 | | her term of office. The salaries of successor members of the
|
4 | | Board shall be fixed by the Board and shall not be increased or |
5 | | diminished
during their respective terms of office. No Board |
6 | | member shall be allowed
any fees, perquisites or emoluments, |
7 | | reward or compensation for his or her
services as a member or |
8 | | officer of the Authority aside from his or her
salary or |
9 | | pension , but he or she shall be reimbursed for actual expenses
|
10 | | incurred by him or her in the performance of his or her duties.
|
11 | | (Source: P.A. 98-709, eff. 7-16-14.)
|
12 | | (70 ILCS 3605/22) (from Ch. 111 2/3, par. 322)
|
13 | | Sec. 22.
As soon as possible after the appointment of the |
14 | | initial
members, the board shall organize for the transaction |
15 | | of business,
select a chairman and a temporary secretary from |
16 | | its own number, and
adopt by-laws, rules and regulations to |
17 | | govern its proceedings. The
initial chairman and successors |
18 | | shall be elected by the Board from time
to time for the term of |
19 | | his office as a member of the Board or for the
term of three |
20 | | years, whichever is shorter. The chairperson of the Board |
21 | | shall receive no salary for his or her services. The Board |
22 | | shall fix the salary
of the chairman in addition to his
salary |
23 | | as a member of the Board, which shall not be increased or
|
24 | | diminished during his term of office as chairman. But if the |
25 | | chairman is
engaged in any other business or employment during |
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1 | | his term as chairman,
his annual salary shall be not more than |
2 | | $25,000.
|
3 | | (Source: P.A. 80-937.)
|
4 | | Section 65. The Illinois Educational Labor Relations Act |
5 | | is amended by changing Section 5 as follows:
|
6 | | (115 ILCS 5/5) (from Ch. 48, par. 1705)
|
7 | | Sec. 5. Illinois Educational Labor Relations Board.
|
8 | | (a) There is hereby created the Illinois Educational Labor |
9 | | Relations
Board.
|
10 | | (a-5) Until July 1, 2003 or when all of the new members to |
11 | | be initially
appointed under this amendatory Act of the 93rd |
12 | | General Assembly have been
appointed by the Governor, |
13 | | whichever occurs later, the Illinois Educational
Labor |
14 | | Relations Board shall consist of 7 members, no more
than 4 of |
15 | | whom may be of the same political party, who are residents of
|
16 | | Illinois appointed by the Governor with the advice and consent |
17 | | of the Senate.
|
18 | | The term of each appointed member of the Board
who is in |
19 | | office on June 30, 2003 shall terminate at the close of |
20 | | business
on that date or when all of the new members to be |
21 | | initially appointed under
this amendatory Act of the 93rd |
22 | | General Assembly have been appointed by the
Governor, |
23 | | whichever occurs later.
|
24 | | (b) Beginning on July 1, 2003 or when all of the new |
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1 | | members to be
initially appointed under this amendatory Act of |
2 | | the 93rd General Assembly
have been appointed by the Governor, |
3 | | whichever occurs later, the Illinois
Educational Labor |
4 | | Relations Board shall consist of 5 members appointed by
the |
5 | | Governor with the advice and consent of the Senate. No more |
6 | | than 3
members may be of the same political party.
|
7 | | The Governor shall appoint to the Board only persons who |
8 | | are residents of
Illinois and have had a minimum of 5 years of |
9 | | experience directly related
to labor and employment relations |
10 | | in representing educational employers or
educational employees |
11 | | in collective bargaining matters. One appointed member
shall |
12 | | be designated at the time of his or her appointment to serve as |
13 | | chairman.
|
14 | | Of the initial members appointed pursuant to this
|
15 | | amendatory Act of the 93rd General Assembly, 2 shall be
|
16 | | designated at the time of appointment to serve a term of 6
|
17 | | years, 2 shall be designated at the time of appointment to |
18 | | serve a term
of 4 years, and the other shall be designated at |
19 | | the time of his or her
appointment to serve a term of 4 years, |
20 | | with each to serve until his or her
successor is appointed and |
21 | | qualified.
|
22 | | Each subsequent member shall be appointed in like manner |
23 | | for a term
of 6 years and until his or her successor is |
24 | | appointed and qualified. Each
member of the Board is eligible |
25 | | for reappointment. Vacancies shall be filled
in the same |
26 | | manner as original appointments for the balance of the |
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1 | | unexpired
term.
|
2 | | (c) The chairperson and other members of the Board shall |
3 | | receive no salary for serving on the Board chairman shall be |
4 | | paid $50,000 per year, or an amount set by
the Compensation |
5 | | Review Board, whichever is greater. Other members of
the Board |
6 | | shall each be paid $45,000 per year, or an amount set by the
|
7 | | Compensation Review Board, whichever is greater . They shall be |
8 | | entitled
to reimbursement for necessary traveling and other |
9 | | official expenditures
necessitated by their official duties.
|
10 | | Each member shall devote his entire time to the duties of |
11 | | the office,
and shall hold no other office or position of |
12 | | profit, nor engage in any
other business, employment or |
13 | | vocation.
|
14 | | (d) Three members of the Board constitute a quorum and a
|
15 | | vacancy on the Board does not impair the right of the remaining |
16 | | members to
exercise all of the powers of the Board.
|
17 | | (e) Any member of the Board may be removed by the Governor, |
18 | | upon notice,
for neglect of duty or malfeasance in office, but |
19 | | for no other cause.
|
20 | | (f) The Board may appoint or employ an executive director, |
21 | | attorneys,
hearing officers, and such other employees as it |
22 | | deems necessary to perform
its functions, except that the |
23 | | Board shall employ a minimum of 8 attorneys and 5 |
24 | | investigators. The Board shall prescribe the duties and |
25 | | qualifications of
such persons appointed and, subject to the |
26 | | annual appropriation, fix their
compensation and provide for |
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1 | | reimbursement of actual and necessary expenses
incurred in the |
2 | | performance of their duties.
|
3 | | (g) The Board may promulgate rules and regulations which |
4 | | allow parties
in proceedings before the Board to be |
5 | | represented by counsel or any other
person knowledgeable in |
6 | | the matters under consideration.
|
7 | | (h) To accomplish the objectives and to carry out the |
8 | | duties prescribed
by this Act, the Board may subpoena |
9 | | witnesses, subpoena the production of
books, papers, records |
10 | | and documents which may be needed as evidence on
any matter |
11 | | under inquiry and may administer oaths and affirmations.
|
12 | | In cases of neglect or refusal to obey a subpoena issued to |
13 | | any person,
the circuit court in the county in which the |
14 | | investigation or the public
hearing is taking place, upon |
15 | | application by the Board, may issue an order
requiring such |
16 | | person to appear before the Board or any member or agent
of the |
17 | | Board to produce evidence or give testimony. A failure to obey |
18 | | such
order may be punished by the court as in civil contempt.
|
19 | | Any subpoena, notice of hearing, or other process or |
20 | | notice of the Board
issued under the provisions of this Act may |
21 | | be served personally, by
registered mail or by leaving a copy |
22 | | at the principal office of the respondent
required to be |
23 | | served. A return, made and verified by the individual making
|
24 | | such service and setting forth the manner of such service, is |
25 | | proof of
service.
A post office receipt, when registered mail |
26 | | is used, is proof of service.
All process of any court to which |
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1 | | application may be made under the provisions
of this Act may be |
2 | | served in the county where the persons required to be
served |
3 | | reside or may be found.
|
4 | | (i) The Board shall adopt, promulgate, amend, or rescind |
5 | | rules and
regulations in accordance with the Illinois |
6 | | Administrative
Procedure Act as it deems necessary and
|
7 | | feasible to carry out this Act.
|
8 | | (j) The Board at the end of every State fiscal year shall |
9 | | make a report in
writing to the Governor and the General |
10 | | Assembly, stating in detail the work
it has done in hearing and |
11 | | deciding cases and otherwise.
|
12 | | (Source: P.A. 96-813, eff. 10-30-09.)
|
13 | | Section 70. The Public Utilities Act is amended by |
14 | | changing Section 2-104 as follows:
|
15 | | (220 ILCS 5/2-104) (from Ch. 111 2/3, par. 2-104)
|
16 | | Sec. 2-104.
It is declared to be the public policy of this |
17 | | State that
the Illinois Commerce Commission established herein |
18 | | is a quasi-judicial
body and that the chairperson and each |
19 | | commissioner shall receive no salary for serving on the |
20 | | Commission an annual salary of
$39,000, or such amount as set |
21 | | by
the Compensation Review Board, whichever is greater. The |
22 | | chairman of the
Commission shall receive in addition to his |
23 | | salary as a commissioner an
additional sum of $8,500 per year, |
24 | | or an amount set by the Compensation
Review Board, whichever |
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1 | | is greater, during such time as he shall serve
as chairman .
|
2 | | (Source: P.A. 84-617.)
|
3 | | Section 75. The Coal Mining Act is amended by changing |
4 | | Section 8.04 as follows:
|
5 | | (225 ILCS 705/8.04) (from Ch. 96 1/2, par. 804)
|
6 | | Sec. 8.04.
Each miners' examining officer shall receive no |
7 | | compensation for his or her services, but shall receive as |
8 | | compensation for his
services the sum of $7,500 per year or |
9 | | such greater
sum as may be set by the Compensation Review |
10 | | Board.
He shall also receive his traveling
and other necessary |
11 | | expenses actually expended in the discharge of his or her
|
12 | | official duties. Salary and expenses of such
officers shall be |
13 | | paid monthly. All expense accounts shall be itemized
and |
14 | | verified by the examining officer receiving the same, and |
15 | | shall be
approved by the Director.
|
16 | | (Source: P.A. 85-1333.)
|
17 | | Section 80. The Illinois Horse Racing Act of 1975 is |
18 | | amended by changing Section 5 as follows:
|
19 | | (230 ILCS 5/5) (from Ch. 8, par. 37-5)
|
20 | | Sec. 5.
As soon as practicable following the effective |
21 | | date of this
amendatory Act of 1995, the Governor shall |
22 | | appoint, with the advice and consent
of the Senate, members to |
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1 | | the Board as follows: 3 members for terms expiring
July 1, |
2 | | 1996; 3 members for terms expiring July 1, 1998; and 3 members |
3 | | for
terms expiring July 1, 2000. Of the 2 additional members |
4 | | appointed pursuant
to this amendatory Act of the 91st General |
5 | | Assembly, the initial term of one
member shall expire on July |
6 | | 1, 2002 and the initial term of the other member
shall expire |
7 | | on July 1, 2004. Thereafter, the terms of office of the Board
|
8 | | members shall be 6 years. Incumbent members on the effective |
9 | | date of this
amendatory Act of 1995 shall continue to serve |
10 | | only until their successors are
appointed and have qualified.
|
11 | | Each member of the Board shall receive no compensation for |
12 | | his or her services $300 per day for each day the Board
meets |
13 | | and for each day the member conducts a hearing pursuant to |
14 | | Section 16 of
this Act, provided that no Board member shall |
15 | | receive more than $5,000 in
such fees during any calendar |
16 | | year, or an amount set by the Compensation Review
Board, |
17 | | whichever is greater . Members of the Board shall
also be |
18 | | reimbursed for all actual and necessary expenses and |
19 | | disbursements
incurred in the
execution of their official |
20 | | duties.
|
21 | | (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
|
22 | | Section 85. The Illinois Gambling Act is amended by |
23 | | changing Section 5 as follows:
|
24 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
|
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1 | | Sec. 5. Gaming Board.
|
2 | | (a) (1) There is hereby established the
Illinois Gaming |
3 | | Board, which shall have the powers and duties specified in
|
4 | | this Act, and all other powers necessary and proper to fully |
5 | | and
effectively execute this Act for the purpose of |
6 | | administering, regulating,
and enforcing the system of |
7 | | riverboat and casino gambling established by this Act and |
8 | | gaming pursuant to an organization gaming license issued under |
9 | | this Act. Its
jurisdiction shall extend under this Act to |
10 | | every person, association,
corporation, partnership and trust |
11 | | involved in riverboat and casino gambling
operations and |
12 | | gaming pursuant to an organization gaming license issued under |
13 | | this Act in the State of Illinois.
|
14 | | (2) The Board shall consist of 5 members to be appointed by |
15 | | the Governor
with the advice and consent of the Senate, one of |
16 | | whom shall be designated
by the Governor to be chairperson. |
17 | | Each member shall have a reasonable
knowledge of the practice, |
18 | | procedure and principles of gambling operations.
Each member |
19 | | shall either be a resident of Illinois or shall certify that he |
20 | | or she
will become a resident of Illinois before taking |
21 | | office. |
22 | | On and after the effective date of this amendatory Act of |
23 | | the 101st General Assembly, new appointees to the Board must |
24 | | include the following: |
25 | | (A) One member who has received, at a minimum, a |
26 | | bachelor's degree from an accredited school and at least |
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1 | | 10 years of verifiable experience in the fields of |
2 | | investigation and law enforcement. |
3 | | (B) One member who is a certified public accountant |
4 | | with experience in auditing and with knowledge of complex |
5 | | corporate structures and transactions. |
6 | | (C) One member who has 5 years' experience as a |
7 | | principal, senior officer, or director of a company or |
8 | | business with either material responsibility for the daily |
9 | | operations and management of the overall company or |
10 | | business or material responsibility for the policy making |
11 | | of the company or business. |
12 | | (D) One member who is an attorney licensed to practice |
13 | | law in Illinois for at least 5 years. |
14 | | Notwithstanding any provision of this subsection (a), the |
15 | | requirements of subparagraphs (A) through (D) of this |
16 | | paragraph (2) shall not apply to any person reappointed |
17 | | pursuant to paragraph (3). |
18 | | No more than 3 members of the Board may be from the same |
19 | | political party. No Board member shall, within a period of one |
20 | | year immediately preceding nomination, have been employed or |
21 | | received compensation or fees for services from a person or |
22 | | entity, or its parent or affiliate, that has engaged in |
23 | | business with the Board, a licensee, or a licensee under the |
24 | | Illinois Horse Racing Act of 1975. Board members must publicly |
25 | | disclose all prior affiliations with gaming interests, |
26 | | including any compensation, fees, bonuses, salaries, and other |
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1 | | reimbursement received from a person or entity, or its parent |
2 | | or affiliate, that has engaged in business with the Board, a |
3 | | licensee, or a licensee under the Illinois Horse Racing Act of |
4 | | 1975. This disclosure must be made within 30 days after |
5 | | nomination but prior to confirmation by the Senate and must be |
6 | | made available to the members of the Senate.
|
7 | | (3) The terms of office of the Board members shall be 3 |
8 | | years, except
that the terms of office of the initial Board |
9 | | members appointed pursuant to
this Act will commence from the |
10 | | effective date of this Act and run as
follows: one for a term |
11 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 |
12 | | for a term ending July 1, 1993. Upon the expiration of the
|
13 | | foregoing terms, the successors of such members shall serve a |
14 | | term for 3
years and until their successors are appointed and |
15 | | qualified for like terms.
Vacancies in the Board shall be |
16 | | filled for the unexpired term in like
manner as original |
17 | | appointments. Each member of the Board shall be
eligible for |
18 | | reappointment at the discretion of the Governor with the
|
19 | | advice and consent of the Senate.
|
20 | | (4) Each member of the Board shall receive no compensation |
21 | | for his or her services, but shall $300 for each day the
Board |
22 | | meets and for each day the member conducts any hearing |
23 | | pursuant to
this Act. Each member of the Board shall also be |
24 | | reimbursed for all actual
and necessary expenses and |
25 | | disbursements incurred in the execution of official
duties.
|
26 | | (5) No person shall be appointed a member of the Board or |
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1 | | continue to be
a member of the Board who is, or whose spouse, |
2 | | child or parent is, a member
of the board of directors of, or a |
3 | | person financially interested in, any
gambling operation |
4 | | subject to the jurisdiction of this Board, or any race
track, |
5 | | race meeting, racing association or the operations thereof |
6 | | subject
to the jurisdiction of the Illinois Racing Board. No |
7 | | Board member shall
hold any other public office. No person |
8 | | shall be a
member of the Board who is not of good moral |
9 | | character or who has been
convicted of, or is under indictment |
10 | | for, a felony under the laws of
Illinois or any other state, or |
11 | | the United States.
|
12 | | (5.5) No member of the Board shall engage in any political |
13 | | activity. For the purposes of this Section, "political" means |
14 | | any activity in support
of or in connection with any campaign |
15 | | for federal, State, or local elective office or any political
|
16 | | organization, but does not include activities (i) relating to |
17 | | the support or
opposition of any executive, legislative, or |
18 | | administrative action (as those
terms are defined in Section 2 |
19 | | of the Lobbyist Registration Act), (ii) relating
to collective |
20 | | bargaining, or (iii) that are
otherwise
in furtherance of the |
21 | | person's official
State duties or governmental and public |
22 | | service functions.
|
23 | | (6) Any member of the Board may be removed by the Governor |
24 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
25 | | in office or for engaging in any political activity.
|
26 | | (7) Before entering upon the discharge of the duties of |
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1 | | his office, each
member of the Board shall take an oath that he |
2 | | will faithfully execute the
duties of his office according to |
3 | | the laws of the State and the rules and
regulations adopted |
4 | | therewith and shall give bond to the State of Illinois,
|
5 | | approved by the Governor, in the sum of $25,000. Every such |
6 | | bond, when
duly executed and approved, shall be recorded in |
7 | | the office of the
Secretary of State. Whenever the Governor |
8 | | determines that the bond of any
member of the Board has become |
9 | | or is likely to become invalid or
insufficient, he shall |
10 | | require such member forthwith to renew his bond,
which is to be |
11 | | approved by the Governor. Any member of the Board who fails
to |
12 | | take oath and give bond within 30 days from the date of his |
13 | | appointment,
or who fails to renew his bond within 30 days |
14 | | after it is demanded by the
Governor, shall be guilty of |
15 | | neglect of duty and may be removed by the
Governor. The cost of |
16 | | any bond given by any member of the Board under this
Section |
17 | | shall be taken to be a part of the necessary expenses of the |
18 | | Board.
|
19 | | (7.5) For the examination of all mechanical, |
20 | | electromechanical, or electronic table games, slot machines, |
21 | | slot accounting systems, sports wagering systems, and other |
22 | | electronic gaming equipment, and the field inspection of such |
23 | | systems, games, and machines, for compliance with this Act, |
24 | | the Board shall utilize the services of independent outside |
25 | | testing laboratories that have been accredited in accordance |
26 | | with ISO/IEC 17025 by an accreditation body that is a |
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1 | | signatory to the International Laboratory Accreditation |
2 | | Cooperation Mutual Recognition Agreement signifying they are |
3 | | qualified to perform such examinations. Notwithstanding any |
4 | | law to the contrary, the Board shall consider the licensing of |
5 | | independent outside testing laboratory applicants in |
6 | | accordance with procedures established by the Board by rule. |
7 | | The Board shall not withhold its approval of an independent |
8 | | outside testing laboratory license applicant that has been |
9 | | accredited as required under this paragraph (7.5) and is |
10 | | licensed in gaming jurisdictions comparable to Illinois. Upon |
11 | | the finalization of required rules, the Board shall license |
12 | | independent testing laboratories and accept the test reports |
13 | | of any licensed testing laboratory of the system's, game's, or |
14 | | machine manufacturer's choice, notwithstanding the existence |
15 | | of contracts between the Board and any independent testing |
16 | | laboratory. |
17 | | (8) The Board shall employ such
personnel as may be |
18 | | necessary to carry out its functions and shall determine the |
19 | | salaries of all personnel, except those personnel whose |
20 | | salaries are determined under the terms of a collective |
21 | | bargaining agreement. No
person shall be employed to serve the |
22 | | Board who is, or whose spouse, parent
or child is, an official |
23 | | of, or has a financial interest in or financial
relation with, |
24 | | any operator engaged in gambling operations within this
State |
25 | | or any organization engaged in conducting horse racing within |
26 | | this
State. For the one year immediately preceding employment, |
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1 | | an employee shall not have been employed or received |
2 | | compensation or fees for services from a person or entity, or |
3 | | its parent or affiliate, that has engaged in business with the |
4 | | Board, a licensee, or a licensee under the Illinois Horse |
5 | | Racing Act of 1975. Any employee violating these prohibitions |
6 | | shall be subject to
termination of employment.
|
7 | | (9) An Administrator shall perform any and all duties that |
8 | | the Board
shall assign him. The salary of the Administrator |
9 | | shall be determined by
the Board and, in addition,
he shall be |
10 | | reimbursed for all actual and necessary expenses incurred by
|
11 | | him in discharge of his official duties. The Administrator |
12 | | shall keep
records of all proceedings of the Board and shall |
13 | | preserve all records,
books, documents and other papers |
14 | | belonging to the Board or entrusted to
its care. The |
15 | | Administrator shall devote his full time to the duties of
the |
16 | | office and shall not hold any other office or employment.
|
17 | | (b) The Board shall have general responsibility for the |
18 | | implementation
of this Act. Its duties include, without |
19 | | limitation, the following:
|
20 | | (1) To decide promptly and in reasonable order all |
21 | | license applications.
Any party aggrieved by an action of |
22 | | the Board denying, suspending,
revoking, restricting or |
23 | | refusing to renew a license may request a hearing
before |
24 | | the Board. A request for a hearing must be made to the |
25 | | Board in
writing within 5 days after service of notice of |
26 | | the action of the Board.
Notice of the action of the Board |
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1 | | shall be served either by personal
delivery or by |
2 | | certified mail, postage prepaid, to the aggrieved party.
|
3 | | Notice served by certified mail shall be deemed complete |
4 | | on the business
day following the date of such mailing. |
5 | | The Board shall conduct any such hearings promptly and in |
6 | | reasonable order;
|
7 | | (2) To conduct all hearings pertaining to civil |
8 | | violations of this Act
or rules and regulations |
9 | | promulgated hereunder;
|
10 | | (3) To promulgate such rules and regulations as in its |
11 | | judgment may be
necessary to protect or enhance the |
12 | | credibility and integrity of gambling
operations |
13 | | authorized by this Act and the regulatory process |
14 | | hereunder;
|
15 | | (4) To provide for the establishment and collection of |
16 | | all license and
registration fees and taxes imposed by |
17 | | this Act and the rules and
regulations issued pursuant |
18 | | hereto. All such fees and taxes shall be
deposited into |
19 | | the State Gaming Fund;
|
20 | | (5) To provide for the levy and collection of |
21 | | penalties and fines for the
violation of provisions of |
22 | | this Act and the rules and regulations
promulgated |
23 | | hereunder. All such fines and penalties shall be deposited
|
24 | | into the Education Assistance Fund, created by Public Act |
25 | | 86-0018, of the
State of Illinois;
|
26 | | (6) To be present through its inspectors and agents |
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1 | | any time gambling
operations are conducted on any |
2 | | riverboat, in any casino, or at any organization gaming
|
3 | | facility for the purpose of certifying the
revenue |
4 | | thereof, receiving complaints from the public, and |
5 | | conducting such
other investigations into the conduct of |
6 | | the gambling games and the
maintenance of the equipment as |
7 | | from time to time the Board may deem
necessary and proper;
|
8 | | (7) To review and rule upon any complaint by a |
9 | | licensee
regarding any investigative procedures of the |
10 | | State which are unnecessarily
disruptive of gambling |
11 | | operations. The need to inspect and investigate
shall be |
12 | | presumed at all times. The disruption of a licensee's |
13 | | operations
shall be proved by clear and convincing |
14 | | evidence, and establish that: (A)
the procedures had no |
15 | | reasonable law enforcement purposes, and (B) the
|
16 | | procedures were so disruptive as to unreasonably inhibit |
17 | | gambling operations;
|
18 | | (8) To hold at least one meeting each quarter of the |
19 | | fiscal
year. In addition, special meetings may be called |
20 | | by the Chairman or any 2
Board members upon 72 hours |
21 | | written notice to each member. All Board
meetings shall be |
22 | | subject to the Open Meetings Act. Three members of the
|
23 | | Board shall constitute a quorum, and 3 votes shall be |
24 | | required for any
final determination by the Board. The |
25 | | Board shall keep a complete and
accurate record of all its |
26 | | meetings. A majority of the members of the Board
shall |
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1 | | constitute a quorum for the transaction of any business, |
2 | | for the
performance of any duty, or for the exercise of any |
3 | | power which this Act
requires the Board members to |
4 | | transact, perform or exercise en banc, except
that, upon |
5 | | order of the Board, one of the Board members or an
|
6 | | administrative law judge designated by the Board may |
7 | | conduct any hearing
provided for under this Act or by |
8 | | Board rule and may recommend findings and
decisions to the |
9 | | Board. The Board member or administrative law judge
|
10 | | conducting such hearing shall have all powers and rights |
11 | | granted to the
Board in this Act. The record made at the |
12 | | time of the hearing shall be
reviewed by the Board, or a |
13 | | majority thereof, and the findings and decision
of the |
14 | | majority of the Board shall constitute the order of the |
15 | | Board in
such case;
|
16 | | (9) To maintain records which are separate and |
17 | | distinct from the records
of any other State board or |
18 | | commission. Such records shall be available
for public |
19 | | inspection and shall accurately reflect all Board |
20 | | proceedings;
|
21 | | (10) To file a written annual report with the Governor |
22 | | on or before
July 1 each year and such additional reports |
23 | | as the Governor may request.
The annual report shall |
24 | | include a statement of receipts and disbursements
by the |
25 | | Board, actions taken by the Board, and any additional |
26 | | information
and recommendations which the Board may deem |
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1 | | valuable or which the Governor
may request;
|
2 | | (11) (Blank);
|
3 | | (12) (Blank);
|
4 | | (13) To assume responsibility for administration and |
5 | | enforcement of the
Video Gaming Act; |
6 | | (13.1) To assume responsibility for the administration |
7 | | and enforcement
of operations at organization gaming |
8 | | facilities pursuant to this Act and the
Illinois Horse |
9 | | Racing Act of 1975; |
10 | | (13.2) To assume responsibility for the administration |
11 | | and enforcement
of the Sports Wagering Act; and |
12 | | (14) To adopt, by rule, a code of conduct governing |
13 | | Board members and employees that ensure, to the maximum |
14 | | extent possible, that persons subject to this Code avoid |
15 | | situations, relationships, or associations that may |
16 | | represent or lead to a conflict of interest.
|
17 | | Internal controls and changes submitted by licensees must |
18 | | be reviewed and either approved or denied with cause within 90 |
19 | | days after receipt of submission is deemed final by the |
20 | | Illinois Gaming Board. In the event an internal control |
21 | | submission or change does not meet the standards set by the |
22 | | Board, staff of the Board must provide technical assistance to |
23 | | the licensee to rectify such deficiencies within 90 days after |
24 | | the initial submission and the revised submission must be |
25 | | reviewed and approved or denied with cause within 90 days |
26 | | after the date the revised submission is deemed final by the |
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1 | | Board. For the purposes of this paragraph, "with cause" means |
2 | | that the approval of the submission would jeopardize the |
3 | | integrity of gaming. In the event the Board staff has not acted |
4 | | within the timeframe, the submission shall be deemed approved. |
5 | | (c) The Board shall have jurisdiction over and shall |
6 | | supervise all
gambling operations governed by this Act. The |
7 | | Board shall have all powers
necessary and proper to fully and |
8 | | effectively execute the provisions of
this Act, including, but |
9 | | not limited to, the following:
|
10 | | (1) To investigate applicants and determine the |
11 | | eligibility of
applicants for licenses and to select among |
12 | | competing applicants the
applicants which best serve the |
13 | | interests of the citizens of Illinois.
|
14 | | (2) To have jurisdiction and supervision over all |
15 | | riverboat gambling
operations authorized under this Act |
16 | | and all persons in places where gambling
operations are |
17 | | conducted.
|
18 | | (3) To promulgate rules and regulations for the |
19 | | purpose of administering
the provisions of this Act and to |
20 | | prescribe rules, regulations and
conditions under which |
21 | | all gambling operations subject to this
Act shall be
|
22 | | conducted. Such rules and regulations are to provide for |
23 | | the prevention of
practices detrimental to the public |
24 | | interest and for the best interests of
riverboat gambling, |
25 | | including rules and regulations regarding the
inspection |
26 | | of organization gaming facilities, casinos, and |
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1 | | riverboats, and the review of any permits or licenses
|
2 | | necessary to operate a riverboat, casino, or organization |
3 | | gaming facility under any laws or regulations applicable
|
4 | | to riverboats, casinos, or organization gaming facilities |
5 | | and to impose penalties for violations thereof.
|
6 | | (4) To enter the office, riverboats, casinos, |
7 | | organization gaming facilities, and
other facilities, or |
8 | | other
places of business of a licensee, where evidence of |
9 | | the compliance or
noncompliance with the provisions of |
10 | | this Act is likely to be found.
|
11 | | (5) To investigate alleged violations of this Act or |
12 | | the
rules of the Board and to take appropriate |
13 | | disciplinary
action against a licensee or a holder of an |
14 | | occupational license for a
violation, or institute |
15 | | appropriate legal action for enforcement, or both.
|
16 | | (6) To adopt standards for the licensing of all |
17 | | persons and entities under this Act,
as well as for |
18 | | electronic or mechanical gambling games, and to establish
|
19 | | fees for such licenses.
|
20 | | (7) To adopt appropriate standards for all |
21 | | organization gaming facilities, riverboats, casinos,
and |
22 | | other facilities authorized under this Act.
|
23 | | (8) To require that the records, including financial |
24 | | or other statements
of any licensee under this Act, shall |
25 | | be kept in such manner as prescribed
by the Board and that |
26 | | any such licensee involved in the ownership or
management |
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1 | | of gambling operations submit to the Board an annual |
2 | | balance
sheet and profit and loss statement, list of the |
3 | | stockholders or other
persons having a 1% or greater |
4 | | beneficial interest in the gambling
activities of each |
5 | | licensee, and any other information the Board deems
|
6 | | necessary in order to effectively administer this Act and |
7 | | all rules,
regulations, orders and final decisions |
8 | | promulgated under this Act.
|
9 | | (9) To conduct hearings, issue subpoenas for the |
10 | | attendance of
witnesses and subpoenas duces tecum for the |
11 | | production of books, records
and other pertinent documents |
12 | | in accordance with the Illinois
Administrative Procedure |
13 | | Act, and to administer oaths and affirmations to
the |
14 | | witnesses, when, in the judgment of the Board, it is |
15 | | necessary to
administer or enforce this Act or the Board |
16 | | rules.
|
17 | | (10) To prescribe a form to be used by any licensee |
18 | | involved in the
ownership or management of gambling |
19 | | operations as an
application for employment for their |
20 | | employees.
|
21 | | (11) To revoke or suspend licenses, as the Board may |
22 | | see fit and in
compliance with applicable laws of the |
23 | | State regarding administrative
procedures, and to review |
24 | | applications for the renewal of licenses. The
Board may |
25 | | suspend an owners license or an organization gaming |
26 | | license without notice or hearing upon a
determination |
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1 | | that the safety or health of patrons or employees is
|
2 | | jeopardized by continuing a gambling operation conducted |
3 | | under that license. The suspension may
remain in effect |
4 | | until the Board determines that the cause for suspension
|
5 | | has been abated. The Board may revoke an owners license or |
6 | | organization gaming license upon a
determination that the |
7 | | licensee has not made satisfactory progress toward
abating |
8 | | the hazard.
|
9 | | (12) To eject or exclude or authorize the ejection or |
10 | | exclusion of, any
person from gambling facilities where |
11 | | that person is in violation
of this Act, rules and |
12 | | regulations thereunder, or final orders of the
Board, or |
13 | | where such person's conduct or reputation is such that his |
14 | | or her
presence within the gambling facilities may, in the |
15 | | opinion of
the Board, call into question the honesty and |
16 | | integrity of the gambling
operations or interfere with the |
17 | | orderly conduct thereof; provided that the
propriety of |
18 | | such ejection or exclusion is subject to subsequent |
19 | | hearing
by the Board.
|
20 | | (13) To require all licensees of gambling operations |
21 | | to utilize a
cashless wagering system whereby all players' |
22 | | money is converted to tokens,
electronic cards, or chips |
23 | | which shall be used only for wagering in the
gambling |
24 | | establishment.
|
25 | | (14) (Blank).
|
26 | | (15) To suspend, revoke or restrict licenses, to |
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1 | | require the
removal of a licensee or an employee of a |
2 | | licensee for a violation of this
Act or a Board rule or for |
3 | | engaging in a fraudulent practice, and to
impose civil |
4 | | penalties of up to $5,000 against individuals and up to
|
5 | | $10,000 or an amount equal to the daily gross receipts, |
6 | | whichever is
larger, against licensees for each violation |
7 | | of any provision of the Act, any rules adopted by the |
8 | | Board, any order of the Board or any other action
which, in |
9 | | the Board's discretion, is a detriment or impediment to
|
10 | | gambling operations.
|
11 | | (16) To hire employees to gather information, conduct |
12 | | investigations
and carry out any other tasks contemplated |
13 | | under this Act.
|
14 | | (17) To establish minimum levels of insurance to be |
15 | | maintained by
licensees.
|
16 | | (18) To authorize a licensee to sell or serve |
17 | | alcoholic liquors, wine or
beer as defined in the Liquor |
18 | | Control Act of 1934 on board a riverboat or in a casino
and |
19 | | to have exclusive authority to establish the hours for |
20 | | sale and
consumption of alcoholic liquor on board a |
21 | | riverboat or in a casino, notwithstanding any
provision of |
22 | | the Liquor Control Act of 1934 or any local ordinance, and
|
23 | | regardless of whether the riverboat makes excursions. The
|
24 | | establishment of the hours for sale and consumption of |
25 | | alcoholic liquor on
board a riverboat or in a casino is an |
26 | | exclusive power and function of the State. A home
rule |
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1 | | unit may not establish the hours for sale and consumption |
2 | | of alcoholic
liquor on board a riverboat or in a casino. |
3 | | This subdivision (18) is a denial and
limitation of home |
4 | | rule powers and functions under subsection (h) of
Section |
5 | | 6 of Article VII of the Illinois Constitution.
|
6 | | (19) After consultation with the U.S. Army Corps of |
7 | | Engineers, to
establish binding emergency orders upon the |
8 | | concurrence of a majority of
the members of the Board |
9 | | regarding the navigability of water, relative to
|
10 | | excursions,
in the event
of extreme weather conditions, |
11 | | acts of God or other extreme circumstances.
|
12 | | (20) To delegate the execution of any of its powers |
13 | | under this Act for
the purpose of administering and |
14 | | enforcing this Act and the rules adopted by the Board.
|
15 | | (20.5) To approve any contract entered into on its |
16 | | behalf.
|
17 | | (20.6) To appoint investigators to conduct |
18 | | investigations, searches, seizures, arrests, and other |
19 | | duties imposed under this Act, as deemed necessary by the |
20 | | Board. These investigators have and may exercise all of |
21 | | the rights and powers of peace officers, provided that |
22 | | these powers shall be limited to offenses or violations |
23 | | occurring or committed in a casino, in an organization |
24 | | gaming facility, or on a riverboat or dock, as defined in |
25 | | subsections (d) and (f) of Section 4, or as otherwise |
26 | | provided by this Act or any other law. |
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1 | | (20.7) To contract with the Department of State Police |
2 | | for the use of trained and qualified State police officers |
3 | | and with the Department of Revenue for the use of trained |
4 | | and qualified Department of Revenue investigators to |
5 | | conduct investigations, searches, seizures, arrests, and |
6 | | other duties imposed under this Act and to exercise all of |
7 | | the rights and powers of peace officers, provided that the |
8 | | powers of Department of Revenue investigators under this |
9 | | subdivision (20.7) shall be limited to offenses or |
10 | | violations occurring or committed in a casino, in an |
11 | | organization gaming facility, or on a riverboat or dock, |
12 | | as defined in subsections (d) and (f) of Section 4, or as |
13 | | otherwise provided by this Act or any other law. In the |
14 | | event the Department of State Police or the Department of |
15 | | Revenue is unable to fill contracted police or |
16 | | investigative positions, the Board may appoint |
17 | | investigators to fill those positions pursuant to |
18 | | subdivision (20.6).
|
19 | | (21) To adopt rules concerning the conduct of gaming |
20 | | pursuant to an organization gaming license issued under |
21 | | this Act. |
22 | | (22) To have the same jurisdiction and supervision |
23 | | over casinos and organization gaming facilities as the |
24 | | Board has over riverboats, including, but not limited to, |
25 | | the power to (i) investigate, review, and approve |
26 | | contracts as that power is applied to riverboats, (ii) |
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1 | | adopt rules for administering the provisions of this Act, |
2 | | (iii) adopt standards for the licensing of all persons |
3 | | involved with a casino or organization gaming facility, |
4 | | (iv) investigate alleged violations of this Act by any |
5 | | person involved with a casino or organization gaming |
6 | | facility, and (v) require that records, including |
7 | | financial or other statements of any casino or |
8 | | organization gaming facility, shall be kept in such manner |
9 | | as prescribed by the Board.
|
10 | | (23) To take any other action as may be reasonable or |
11 | | appropriate to
enforce this Act and the rules adopted by |
12 | | the Board.
|
13 | | (d) The Board may seek and shall receive the cooperation |
14 | | of the
Department of State Police in conducting background |
15 | | investigations of
applicants and in fulfilling its |
16 | | responsibilities under
this Section. Costs incurred by the |
17 | | Department of State Police as
a result of such cooperation |
18 | | shall be paid by the Board in conformance
with the |
19 | | requirements of Section 2605-400 of the Department of State |
20 | | Police Law.
|
21 | | (e) The Board must authorize to each investigator and to |
22 | | any other
employee of the Board exercising the powers of a |
23 | | peace officer a distinct badge
that, on its face, (i) clearly |
24 | | states that the badge is authorized by the Board
and
(ii) |
25 | | contains a unique identifying number. No other badge shall be |
26 | | authorized
by the Board.
|
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1 | | (Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
|
2 | | Section 90. The Liquor Control Act of 1934 is amended by |
3 | | changing Section 3-9 as follows:
|
4 | | (235 ILCS 5/3-9) (from Ch. 43, par. 105)
|
5 | | Sec. 3-9. Compensation of commissioners, secretary, and |
6 | | employees.
The chairperson and other commissioners shall |
7 | | receive no compensation for their services chairman of the |
8 | | Commission shall receive an annual salary of $32,000
or such |
9 | | greater amount as may be set by the Compensation Review Board.
|
10 | | The other commissioners shall receive an annual salary of |
11 | | $28,000 or such
greater amount as may be set by the |
12 | | Compensation Review Board .
The secretary of the Commission |
13 | | shall
receive an annual salary as set by the Compensation |
14 | | Review Board.
All clerks, inspectors, and employees of the |
15 | | Commission shall receive
reasonable compensation in an amount |
16 | | fixed by the Commission, subject to the
approval in writing of |
17 | | the Governor.
|
18 | | (Source: P.A. 91-798, eff. 7-9-00.)
|
19 | | Section 95. The Environmental Protection Act is amended by |
20 | | changing Section 5 as follows:
|
21 | | (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
|
22 | | Sec. 5. Pollution Control Board.
|
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1 | | (a) There is hereby created an independent board to be |
2 | | known as the
Pollution Control Board.
|
3 | | On and after August 11, 2003 (the effective date of Public |
4 | | Act 93-509), the Board shall consist
of 5 technically |
5 | | qualified members, no more than 3 of whom may be of the same
|
6 | | political party, to be appointed by the Governor with the |
7 | | advice and consent
of the Senate. Members shall have |
8 | | verifiable technical, academic, or actual
experience in the |
9 | | field of pollution control or environmental law and
|
10 | | regulation.
|
11 | | One member shall be appointed for a term ending July 1, |
12 | | 2004,
2 shall be appointed for terms ending July 1, 2005, and 2 |
13 | | shall be appointed
for terms ending July 1, 2006. Thereafter, |
14 | | all members shall hold office for
3 years from the first day of |
15 | | July in the year in which they were appointed,
except in case |
16 | | of an appointment to fill a vacancy. In case of a vacancy in
|
17 | | the office when the Senate is not in session, the Governor may |
18 | | make a temporary
appointment until the next meeting of the |
19 | | Senate, when he or she shall
nominate some person to fill such |
20 | | office; and any person so nominated, who is
confirmed by the |
21 | | Senate, shall hold the office during the remainder of the
|
22 | | term.
|
23 | | Members of the Board shall hold office until their |
24 | | respective successors
have been appointed and qualified. Any |
25 | | member may resign from office, such
resignation to take effect |
26 | | when a successor has been appointed and has
qualified.
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1 | | Board members and the Chairperson of the Board shall |
2 | | receive no salary for their services shall be paid $37,000 per |
3 | | year or an amount set by the
Compensation Review Board, |
4 | | whichever is greater, and the Chairman shall
be paid $43,000 |
5 | | per year or an amount set by the Compensation Review Board,
|
6 | | whichever is greater . Each member shall devote his or her |
7 | | entire time to the
duties of the office, and shall hold no |
8 | | other office or position of profit, nor
engage in any other |
9 | | business, employment, or vocation. Each member shall be
|
10 | | reimbursed for expenses necessarily incurred and shall make a |
11 | | financial disclosure upon
appointment.
|
12 | | The Board may employ one assistant for each member and 2 |
13 | | assistants for the
Chairman. The Board also may employ and
|
14 | | compensate hearing officers to preside at hearings under this |
15 | | Act, and such
other personnel as may be necessary. Hearing |
16 | | officers shall be attorneys
licensed to practice law in |
17 | | Illinois.
|
18 | | The Board may have an Executive Director; if so, the |
19 | | Executive Director
shall be appointed by the Governor with the |
20 | | advice and consent of the Senate.
The salary and duties of the |
21 | | Executive Director shall be fixed by the Board.
|
22 | | The Governor shall designate one Board member to be |
23 | | Chairman, who
shall serve at the pleasure of the Governor.
|
24 | | The Board shall hold at least one meeting each month and |
25 | | such
additional meetings as may be prescribed by Board rules. |
26 | | In addition,
special meetings may be called by the Chairman or |
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1 | | by any 2 Board
members, upon delivery of 48 hours written |
2 | | notice to the office of each
member. All Board meetings shall |
3 | | be open to the public, and public
notice of all meetings shall |
4 | | be given at least 48 hours in
advance of each meeting. In |
5 | | emergency situations in which a majority of
the Board |
6 | | certifies that exigencies of time require the requirements of
|
7 | | public notice and of 24 hour written notice to members may be
|
8 | | dispensed with, and Board members shall receive such notice as |
9 | | is
reasonable under the circumstances.
|
10 | | Three members of the Board shall
constitute a quorum to |
11 | | transact business; and the affirmative vote of 3 members is |
12 | | necessary to adopt any order. The Board shall keep a complete |
13 | | and accurate record of all its
meetings.
|
14 | | (b) The Board shall determine, define and implement the
|
15 | | environmental control standards applicable in the State of |
16 | | Illinois and
may adopt rules and regulations in accordance |
17 | | with Title VII of this Act.
|
18 | | (c) The Board shall have authority to act for the State in |
19 | | regard to
the adoption of standards for submission to the |
20 | | United States under any
federal law respecting environmental |
21 | | protection. Such standards shall be
adopted in accordance with |
22 | | Title VII of the Act and upon adoption shall
be forwarded to |
23 | | the Environmental Protection Agency for submission to
the |
24 | | United States pursuant to subsections (l) and (m) of Section 4 |
25 | | of this
Act. Nothing in this paragraph shall limit the |
26 | | discretion of the Governor to
delegate authority granted to |
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1 | | the Governor under any federal law.
|
2 | | (d) The Board shall have authority to conduct proceedings
|
3 | | upon complaints charging violations of this Act, any rule or |
4 | | regulation
adopted under this Act, any permit or term or |
5 | | condition of a permit, or any
Board order; upon
administrative |
6 | | citations; upon petitions for variances, adjusted standards, |
7 | | or time-limited water quality standards;
upon petitions for |
8 | | review of the Agency's final determinations on permit
|
9 | | applications in accordance with Title X of this Act; upon |
10 | | petitions to remove
seals under Section 34 of this Act; and |
11 | | upon other petitions for review of
final determinations which |
12 | | are made pursuant to this Act or Board rule and
which involve a |
13 | | subject which the Board is authorized to regulate. The Board
|
14 | | may also conduct other proceedings as may be provided by this |
15 | | Act or any other
statute or rule.
|
16 | | (e) In connection with any proceeding pursuant to
|
17 | | subsection (b) or (d) of this Section, the Board may
subpoena |
18 | | and compel the attendance of witnesses and the production of |
19 | | evidence
reasonably necessary to resolution of the matter |
20 | | under consideration. The
Board shall issue such subpoenas upon |
21 | | the request of any party to a proceeding
under subsection (d) |
22 | | of this Section or upon its own motion.
|
23 | | (f) The Board may prescribe reasonable fees for permits |
24 | | required
pursuant to this Act. Such fees in the aggregate may |
25 | | not exceed the total
cost to the Agency for its inspection and |
26 | | permit systems. The Board may not
prescribe any permit fees |
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1 | | which are different in amount from those established
by this |
2 | | Act.
|
3 | | (Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; |
4 | | 100-863, eff. 8-14-18.)
|
5 | | Section 100. The Firearm Concealed Carry Act is amended by |
6 | | changing Section 20 as follows: |
7 | | (430 ILCS 66/20)
|
8 | | Sec. 20. Concealed Carry Licensing Review Board. |
9 | | (a) There is hereby created within the Department of State |
10 | | Police a Concealed Carry Licensing Review Board to consider |
11 | | any objection to an applicant's eligibility to obtain a |
12 | | license under this Act submitted by a law enforcement agency |
13 | | or the Department under Section 15 of this Act. The Board shall |
14 | | consist of 7 commissioners to be appointed by the Governor, |
15 | | with the advice and consent of the Senate, with 3 |
16 | | commissioners residing within the First Judicial District and |
17 | | one commissioner residing within each of the 4 remaining |
18 | | Judicial Districts. No more than 4 commissioners shall be |
19 | | members of the same political party. The Governor shall |
20 | | designate one commissioner as the Chairperson. The Board shall |
21 | | consist of: |
22 | | (1) one commissioner with at least 5 years of service |
23 | | as a federal judge; |
24 | | (2) 2 commissioners with at least 5 years of |
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1 | | experience serving as an attorney with the United States |
2 | | Department of Justice; |
3 | | (3) 3 commissioners with at least 5 years of |
4 | | experience as a federal agent or employee with |
5 | | investigative experience or duties related to criminal |
6 | | justice under the United States Department of Justice, |
7 | | Drug Enforcement Administration, Department of Homeland |
8 | | Security, or Federal Bureau of Investigation; and |
9 | | (4) one member with at least 5 years of experience as a |
10 | | licensed physician or clinical psychologist with expertise |
11 | | in the diagnosis and treatment of mental illness. |
12 | | (b) The initial terms of the commissioners shall end on |
13 | | January 12, 2015. Thereafter, the commissioners shall hold |
14 | | office for 4 years, with terms expiring on the second Monday in |
15 | | January of the fourth year. Commissioners may be reappointed. |
16 | | Vacancies in the office of commissioner shall be filled in the |
17 | | same manner as the original appointment, for the remainder of |
18 | | the unexpired term. The Governor may remove a commissioner for |
19 | | incompetence, neglect of duty, malfeasance, or inability to |
20 | | serve. Commissioners shall receive no compensation for their |
21 | | services, but compensation in an amount equal to the |
22 | | compensation of members of the Executive Ethics Commission and |
23 | | may be reimbursed for reasonable expenses actually incurred in |
24 | | the performance of their Board duties, from funds appropriated |
25 | | for that purpose. |
26 | | (c) The Board shall meet at the call of the chairperson as |
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1 | | often as necessary to consider objections to applications for |
2 | | a license under this Act. If necessary to ensure the |
3 | | participation of a commissioner, the Board shall allow a |
4 | | commissioner to participate in a Board meeting by electronic |
5 | | communication. Any commissioner participating electronically |
6 | | shall be deemed present for purposes of establishing a quorum |
7 | | and voting. |
8 | | (d) The Board shall adopt rules for the review of |
9 | | objections and the conduct of hearings. The Board shall |
10 | | maintain a record of its decisions and all materials |
11 | | considered in making its decisions. All Board decisions and |
12 | | voting records shall be kept confidential and all materials |
13 | | considered by the Board shall be exempt from inspection except |
14 | | upon order of a court. |
15 | | (e) In considering an objection of a law enforcement |
16 | | agency or the Department, the Board shall review the materials |
17 | | received with the objection from the law enforcement agency or |
18 | | the Department. By a vote of at least 4 commissioners, the |
19 | | Board may request additional information from the law |
20 | | enforcement agency, Department, or the applicant, or the |
21 | | testimony of the law enforcement agency, Department, or the |
22 | | applicant. The Board may require that the applicant submit |
23 | | electronic fingerprints to the Department for an updated |
24 | | background check where the Board determines it lacks |
25 | | sufficient information to determine eligibility. The Board may |
26 | | only consider information submitted by the Department, a law |
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1 | | enforcement agency, or the applicant. The Board shall review |
2 | | each objection and determine by a majority of commissioners |
3 | | whether an applicant is eligible for a license. |
4 | | (f) The Board shall issue a decision within 30 days of |
5 | | receipt of the objection from the Department. However, the |
6 | | Board need not issue a decision within 30 days if: |
7 | | (1) the Board requests information from the applicant, |
8 | | including but not limited to electronic fingerprints to be |
9 | | submitted to the Department, in accordance with subsection |
10 | | (e) of this Section, in which case the Board shall make a |
11 | | decision within 30 days of receipt of the required |
12 | | information from the applicant; |
13 | | (2) the applicant agrees, in writing, to allow the |
14 | | Board additional time to consider an objection; or |
15 | | (3) the Board notifies the applicant and the |
16 | | Department that the Board needs an additional 30 days to |
17 | | issue a decision. |
18 | | (g) If the Board determines by a preponderance of the |
19 | | evidence that the applicant poses a danger to himself or |
20 | | herself or others, or is a threat to public safety, then the |
21 | | Board shall affirm the objection of the law enforcement agency |
22 | | or the Department and shall notify the Department that the |
23 | | applicant is ineligible for a license. If the Board does not |
24 | | determine by a preponderance of the evidence that the |
25 | | applicant poses a danger to himself or herself or others, or is |
26 | | a threat to public safety, then the Board shall notify the |
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1 | | Department that the applicant is eligible for a license. |
2 | | (h) Meetings of the Board shall not be subject to the Open |
3 | | Meetings Act and records of the Board shall not be subject to |
4 | | the Freedom of Information Act. |
5 | | (i) The Board shall report monthly to the Governor and the |
6 | | General Assembly on the number of objections received and |
7 | | provide details of the circumstances in which the Board has |
8 | | determined to deny licensure based on law enforcement or |
9 | | Department objections under Section 15 of this Act. The report |
10 | | shall not contain any identifying information about the |
11 | | applicants.
|
12 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) |
13 | | Section 105. The Amusement Ride and Attraction Safety Act |
14 | | is amended by changing Section 2-5 as follows:
|
15 | | (430 ILCS 85/2-5) (from Ch. 111 1/2, par. 4055)
|
16 | | Sec. 2-5.
The members of the Board shall receive no |
17 | | compensation for their services, but who are appointed by the
|
18 | | Governor shall receive compensation for their
services at the |
19 | | rate of $36 per day for meeting days and shall be entitled
to |
20 | | actual and necessary expenses while conducting the business of |
21 | | the Board.
|
22 | | (Source: P.A. 83-1240.)
|
23 | | Section 110. The Toll Highway Act is amended by changing |
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1 | | Sections 4 and 5 as follows:
|
2 | | (605 ILCS 10/4) (from Ch. 121, par. 100-4)
|
3 | | Sec. 4.
Of the directors appointed by the Governor, one |
4 | | such director
shall be appointed by the Governor as chairman |
5 | | and shall hold office for
4 years from the date of his |
6 | | appointment, and until his successor shall
be duly appointed |
7 | | and qualified, but shall be subject to removal by the
Governor |
8 | | for incompetency, neglect of duty or malfeasance. The term of |
9 | | the initial chairman appointed under this amendatory Act of |
10 | | the 100th General Assembly shall end March 1, 2021 and the |
11 | | chairman shall serve until his or her successor is duly |
12 | | appointed and qualified.
|
13 | | The chairman shall preside at all meetings of the Board of |
14 | | Directors
of the Authority; shall exercise general supervision |
15 | | over all powers,
duties, obligations and functions of the |
16 | | Authority; and shall approve or
disapprove all resolutions, |
17 | | by-laws, rules, rates and regulations made
and established by |
18 | | the Board of Directors, and if he shall approve
thereof, he |
19 | | shall sign the same, and such as he shall not approve he
shall |
20 | | return to the Board of Directors with his objections thereto |
21 | | in
writing at the next regular meeting of the Board of |
22 | | Directors occurring
after the passage thereof. Such veto may |
23 | | extend to any one or more items
contained in such resolution, |
24 | | by-law, rule, rate or regulation, or to
its entirety; and in |
25 | | case the veto extends to a part of such resolution,
by-law, |
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1 | | rule, rate or regulation, the residue thereof shall take |
2 | | effect
and be in force, but in case the chairman shall fail to |
3 | | return any
resolution, by-law, rule, rate or regulation with |
4 | | his objections thereto
by the time aforesaid, he shall be |
5 | | deemed to have approved the same, and
the same shall take |
6 | | effect accordingly. Upon the return of any
resolution, by-law, |
7 | | rule, rate or regulation by the chairman, the vote
by which the |
8 | | same was passed shall be reconsidered by the Board of
|
9 | | Directors, and if upon such reconsideration two-thirds of all |
10 | | the
Directors agree by yeas and nays to pass the same, it shall |
11 | | go into
effect notwithstanding the chairman's refusal to |
12 | | approve thereof. The process of approving or disapproving all |
13 | | resolutions, by-laws, rules, rates and regulations, as well as |
14 | | the ability of the Board of Directors to override the |
15 | | disapproval of the chairman, under this Section shall be set |
16 | | forth in the Authority's by-laws. Nothing in the Authority's |
17 | | by-laws, rules, or regulations may be contrary to this |
18 | | Section.
|
19 | | The chairperson shall no salary for his or her services, |
20 | | but shall receive chairman shall receive a salary of $18,000 |
21 | | per annum, or as set by
the Compensation Review Board, |
22 | | whichever is greater, payable in
monthly installments, |
23 | | together with reimbursement for necessary expenses
incurred in |
24 | | the performance of his duties. The chairman shall be
eligible |
25 | | for reappointment.
|
26 | | (Source: P.A. 100-1180, eff. 2-28-19.)
|
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1 | | (605 ILCS 10/5) (from Ch. 121, par. 100-5)
|
2 | | Sec. 5.
Of the original directors, other than the |
3 | | chairman, so appointed
by the Governor, 3 shall hold office |
4 | | for 2 years and 3 shall hold office
for 4 years, from the date |
5 | | of their appointment and until their
respective successors |
6 | | shall be duly appointed and qualified, but shall
be subject to |
7 | | removal by the Governor for incompetency, neglect of duty
or |
8 | | malfeasance. In case of vacancies in such offices during the |
9 | | recess
of the Senate, the Governor shall make a temporary |
10 | | appointment until the
next meeting of the Senate when he shall |
11 | | nominate some person to fill such
office and any person so |
12 | | nominated, who is confirmed by the Senate, shall
hold office |
13 | | during the remainder of the term and until his successor shall
|
14 | | be appointed and qualified. The respective term of the first |
15 | | directors
appointed shall be designated by the Governor at the |
16 | | time of appointment,
but their successors shall each be |
17 | | appointed for a term of four years,
except that any person |
18 | | appointed to fill a vacancy shall serve only for the
unexpired |
19 | | term. Directors shall be eligible for reappointment.
|
20 | | In making the initial appointments of the 2 additional |
21 | | directors provided
for by this amendatory Act of 1980, the |
22 | | respective terms of the 2 additional
directors first appointed |
23 | | shall be designated by the Governor at the time
of appointment |
24 | | in such manner that the term of one such additional director
|
25 | | shall expire at the same time as the terms of 4 of the other |
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1 | | directors and
the term of the other additional director shall |
2 | | expire at the same time
as the terms of 3 of the other |
3 | | directors; thereafter the terms shall be
4 years. |
4 | | Of the initial directors, other than the chairman, |
5 | | appointed under the provisions of this amendatory Act of the |
6 | | 100th General Assembly, 4 shall serve terms running through |
7 | | March 1, 2021. The 4 remaining directors shall serve terms |
8 | | running through March 1, 2023. Thereafter the terms of all |
9 | | directors shall be
4 years. Directors shall serve until their |
10 | | respective successors are duly appointed and qualified. |
11 | | Directors shall be eligible for reappointment.
|
12 | | Each such director shall receive no salary for his or her |
13 | | services, but , other than ex officio members shall receive an
|
14 | | annual salary of $15,000, or as set by the Compensation Review |
15 | | Board,
whichever is greater, payable in monthly installments, |
16 | | and shall be
reimbursed for necessary expenses incurred in the |
17 | | performance of his
duties.
|
18 | | (Source: P.A. 100-1180, eff. 2-28-19.)
|
19 | | Section 115. The Unified Code of Corrections is amended by |
20 | | changing Section 3-3-1 as follows:
|
21 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
|
22 | | Sec. 3-3-1. Establishment and appointment of Prisoner |
23 | | Review Board.
|
24 | | (a) There shall be a Prisoner Review Board independent of |
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1 | | the Department
which shall be:
|
2 | | (1) the paroling authority for persons sentenced under |
3 | | the
law in effect prior to the effective date of this |
4 | | amendatory
Act of 1977;
|
5 | | (1.2) the paroling authority for persons eligible for |
6 | | parole review under Section 5-4.5-115; |
7 | | (1.5) (blank); |
8 | | (2) the board of review for cases involving the |
9 | | revocation
of sentence credits or a suspension or |
10 | | reduction in the
rate of accumulating the credit;
|
11 | | (3) the board of review and recommendation for the |
12 | | exercise
of executive clemency by the Governor;
|
13 | | (4) the authority for establishing release dates for
|
14 | | certain prisoners sentenced under the law in existence |
15 | | prior
to the effective date of this amendatory Act of |
16 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
|
17 | | (5) the authority for setting conditions for parole |
18 | | and
mandatory supervised release under Section 5-8-1(a) of |
19 | | this
Code, and determining whether a violation of those |
20 | | conditions
warrant revocation of parole or mandatory |
21 | | supervised release
or the imposition of other sanctions; |
22 | | and |
23 | | (6) the authority for determining whether a violation |
24 | | of aftercare release conditions warrant revocation of |
25 | | aftercare release.
|
26 | | (b) The Board shall consist of 15 persons appointed by
the |
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1 | | Governor by and with the advice and consent of the Senate.
One |
2 | | member of the Board shall be designated by the Governor
to be |
3 | | Chairman and shall serve as Chairman at the pleasure of
the |
4 | | Governor. The members of the Board shall have had at
least 5 |
5 | | years of actual experience in the fields of penology,
|
6 | | corrections work, law enforcement, sociology, law, education,
|
7 | | social work, medicine, psychology, other behavioral sciences,
|
8 | | or a combination thereof. At least 6 members so appointed
must |
9 | | have at least 3 years experience in the field of
juvenile |
10 | | matters. No more than 8 Board members may be members
of the |
11 | | same political party.
|
12 | | Each member of the Board shall serve on a full-time basis
|
13 | | and shall not hold any other salaried public office, whether |
14 | | elective or
appointive, nor any other office or position of |
15 | | profit, nor engage in any
other business, employment, or |
16 | | vocation . The Chairperson and other members of the Board shall |
17 | | receive no salary for their services Chairman of the Board |
18 | | shall
receive $35,000 a year, or an amount set by the |
19 | | Compensation Review Board,
whichever is greater, and each |
20 | | other member $30,000, or an amount set by the
Compensation |
21 | | Review Board, whichever is greater .
|
22 | | (c) Notwithstanding any other provision of this Section,
|
23 | | the term of each member of the Board
who was appointed by the |
24 | | Governor and is in office on June 30, 2003 shall
terminate at |
25 | | the close of business on that date or when all of the successor
|
26 | | members to be appointed pursuant to this amendatory Act of the |
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1 | | 93rd General
Assembly have been appointed by the Governor, |
2 | | whichever occurs later. As soon
as possible, the Governor |
3 | | shall appoint persons to fill the vacancies created
by this |
4 | | amendatory Act.
|
5 | | Of the initial members appointed under this amendatory Act |
6 | | of the 93rd
General Assembly, the Governor shall appoint 5 |
7 | | members whose terms shall expire
on the third Monday
in |
8 | | January 2005, 5 members whose terms shall expire on the
third |
9 | | Monday in January 2007, and 5 members whose terms
shall expire |
10 | | on the third Monday in January 2009. Their respective |
11 | | successors
shall be appointed for terms of 6 years from the |
12 | | third Monday
in January of the year of appointment. Each |
13 | | member shall
serve until his or her successor is appointed and |
14 | | qualified.
|
15 | | Any member may be removed by the Governor for |
16 | | incompetence, neglect of duty,
malfeasance or inability to |
17 | | serve.
|
18 | | (d) The Chairman of the Board shall be its chief executive |
19 | | and
administrative officer. The Board may have an Executive |
20 | | Director; if so,
the Executive Director shall be appointed by |
21 | | the Governor with the advice and
consent of the Senate. The |
22 | | salary and duties of the Executive Director shall
be fixed by |
23 | | the Board.
|
24 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
|
25 | | Section 120. The Illinois Human Rights Act is amended by |
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1 | | changing Section 8-101 as follows:
|
2 | | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
|
3 | | Sec. 8-101. Illinois Human Rights Commission.
|
4 | | (A) Creation; appointments. The Human Rights Commission is |
5 | | created to consist
of 7 members appointed by the Governor with |
6 | | the advice and consent of the
Senate. No more than 4 members |
7 | | shall be of the same political party. The
Governor shall |
8 | | designate one member as chairperson. All appointments shall
be |
9 | | in writing and filed with the Secretary of State as a public |
10 | | record.
|
11 | | (B) Terms. Of the members first appointed, 4 shall be |
12 | | appointed for a
term to expire on the third Monday of January, |
13 | | 2021, and 3 (including the
Chairperson) shall be appointed for |
14 | | a term to expire on the third Monday
of January, 2023.
|
15 | | Notwithstanding any provision of this Section to the |
16 | | contrary, the term
of office of each member of the Illinois |
17 | | Human Rights Commission is
abolished on January 19, 2019. |
18 | | Incumbent members holding a position on the Commission that |
19 | | was created by Public Act 84-115 and whose terms, if not for |
20 | | this amendatory Act of the 100th General Assembly, would have |
21 | | expired January 18, 2021 shall continue to exercise all of the |
22 | | powers and be
subject to all of the duties of members of the |
23 | | Commission until June 30, 2019 or until
their respective |
24 | | successors are appointed and qualified, whichever is earlier.
|
25 | | Thereafter, each member shall serve for a term of 4 years
|
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1 | | and until his or her successor is appointed and qualified; |
2 | | except that any
member chosen to fill a vacancy occurring |
3 | | otherwise than by expiration of
a term shall be appointed only |
4 | | for the unexpired term of the member whom
he or she shall |
5 | | succeed and until his or her successor is appointed and
|
6 | | qualified.
|
7 | | (C) Vacancies. |
8 | | (1) In the case of vacancies on the Commission during
|
9 | | a recess of the Senate, the Governor shall make a |
10 | | temporary appointment
until the next meeting of the Senate |
11 | | when he or she shall appoint a person
to fill the vacancy. |
12 | | Any person so nominated and confirmed by the Senate
shall |
13 | | hold office for the remainder of the term and until his or |
14 | | her successor
is appointed and qualified.
|
15 | | (2) If the Senate is not in session at the time this |
16 | | Act takes effect,
the Governor shall make temporary |
17 | | appointments to the Commission as in the
case of |
18 | | vacancies.
|
19 | | (3) Vacancies in the Commission shall not impair the |
20 | | right of the remaining
members to exercise all the powers |
21 | | of the Commission. Except when authorized
by this Act to |
22 | | proceed through a 3 member panel, a majority of the |
23 | | members
of the Commission then in office shall constitute |
24 | | a quorum.
|
25 | | (D) Compensation. The Chairperson and other members of the |
26 | | Commission shall receive no compensation for their services, |
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1 | | but On and after January 19, 2019, the Chairperson of the |
2 | | Commission shall be compensated
at the rate of $125,000 per |
3 | | year, or as set by the Compensation Review
Board, whichever is |
4 | | greater, during his or her service as Chairperson,
and each |
5 | | other member shall be compensated at the rate of $119,000 per
|
6 | | year, or as set by the Compensation Review Board, whichever is |
7 | | greater.
In addition, all members of the Commission shall be |
8 | | reimbursed for expenses
actually and necessarily incurred by |
9 | | them
in the performance of their duties.
|
10 | | (E) Notwithstanding the general supervisory authority of |
11 | | the Chairperson, each commissioner, unless appointed to the |
12 | | special temporary panel created under subsection (H), has the |
13 | | authority to hire and supervise a staff attorney. The staff |
14 | | attorney shall report directly to the individual commissioner. |
15 | | (F) A formal training program for newly appointed |
16 | | commissioners shall be implemented. The training program shall |
17 | | include the following: |
18 | | (1) substantive and procedural aspects of the office |
19 | | of commissioner; |
20 | | (2) current issues in employment and housing |
21 | | discrimination and public accommodation law and practice; |
22 | | (3) orientation to each operational unit of the
Human |
23 | | Rights Commission; |
24 | | (4) observation of experienced hearing officers and |
25 | | commissioners conducting hearings of cases, combined with |
26 | | the opportunity to discuss evidence presented and rulings |
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1 | | made; |
2 | | (5) the use of hypothetical cases requiring the
newly |
3 | | appointed commissioner to issue judgments as a means of |
4 | | evaluating knowledge and writing ability; |
5 | | (6) writing skills; and |
6 | | (7) professional and ethical standards. |
7 | | A formal and ongoing professional development program |
8 | | including, but not limited to, the above-noted areas shall be |
9 | | implemented to keep commissioners informed of recent |
10 | | developments and issues and to assist them in maintaining and |
11 | | enhancing their professional competence. Each commissioner |
12 | | shall complete 20 hours of training in the above-noted areas |
13 | | during every 2 years the commissioner remains in office. |
14 | | (G) Commissioners must meet one of the following |
15 | | qualifications: |
16 | | (1) licensed to practice law in the State of Illinois; |
17 | | (2) at least 3 years of experience as a hearing |
18 | | officer at the Human Rights Commission; or |
19 | | (3) at least 4 years of professional experience |
20 | | working for or dealing with individuals or corporations |
21 | | affected by this Act or similar laws in other |
22 | | jurisdictions, including, but not limited to, experience |
23 | | with a civil rights advocacy group, a fair housing group, |
24 | | a trade association, a union, a law firm, a legal aid |
25 | | organization, an employer's human resources department, an |
26 | | employment discrimination consulting firm, or a municipal |
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1 | | human relations agency. |
2 | | The Governor's appointment message, filed with the |
3 | | Secretary of State and transmitted to the Senate, shall state |
4 | | specifically how the experience of a nominee for commissioner |
5 | | meets the requirement set forth in this subsection. The |
6 | | Chairperson must have public or private sector management and |
7 | | budget experience, as determined by the Governor. |
8 | | Each commissioner shall devote full time to his or her |
9 | | duties and any commissioner who is an attorney shall not |
10 | | engage in the practice of law, nor shall any commissioner hold |
11 | | any other office or position of profit under the United States |
12 | | or this State or any municipal corporation or political |
13 | | subdivision of this State, nor engage in any other business, |
14 | | employment, or vocation. |
15 | | (H) Notwithstanding any other provision of this Act, the |
16 | | Governor shall appoint, by and with the consent of the Senate, |
17 | | a special temporary panel of commissioners comprised of 3 |
18 | | members. The members shall hold office until the Commission, |
19 | | in consultation with the Governor, determines that the |
20 | | caseload of requests for review has been reduced sufficiently |
21 | | to allow cases to proceed in a timely manner, or for a term of |
22 | | 18 months from the date of appointment by the Governor, |
23 | | whichever is earlier. Each of the 3 members shall have only |
24 | | such rights and powers of a commissioner necessary to dispose |
25 | | of the cases assigned to the special panel. Each of the 3 |
26 | | members appointed to the special panel shall receive the same |
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1 | | salary as other commissioners for the duration of the panel. |
2 | | The panel shall have the authority to hire and supervise a |
3 | | staff attorney who shall report to the panel of commissioners. |
4 | | (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20 .)
|
5 | | Section 125. The Workers' Compensation Act is amended by |
6 | | changing Section 13 as follows:
|
7 | | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
|
8 | | Sec. 13. There is created an Illinois Workers' |
9 | | Compensation Commission consisting of 10
members to be |
10 | | appointed by the Governor, by and with the consent of the
|
11 | | Senate, 3 of whom shall be representative citizens of the
|
12 | | employing class operating under this Act and 3 of whom shall
be |
13 | | from a labor organization recognized under the National Labor |
14 | | Relations Act or an attorney who has represented labor |
15 | | organizations or has represented employees in workers' |
16 | | compensation cases, and 4 of whom shall be representative |
17 | | citizens not identified
with either the employing or employee |
18 | | classes. Not more than 6 members
of the Commission shall be of |
19 | | the same political party.
|
20 | | One of the
members not identified with either the |
21 | | employing or employee classes shall
be designated by the |
22 | | Governor as Chairman. The Chairman shall be the chief
|
23 | | administrative and executive officer of the Commission; and he |
24 | | or she shall
have general supervisory authority over all |
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1 | | personnel of the Commission,
including arbitrators and |
2 | | Commissioners, and the final authority in all
administrative |
3 | | matters relating to the Commissioners, including but not
|
4 | | limited to the assignment and distribution of cases and |
5 | | assignment of
Commissioners to the panels, except in the |
6 | | promulgation of procedural rules
and orders under Section 16 |
7 | | and in the determination of cases under this Act.
|
8 | | Notwithstanding the general supervisory authority of the |
9 | | Chairman, each
Commissioner, except those assigned to the |
10 | | temporary panel, shall have the
authority to hire and |
11 | | supervise 2 staff attorneys each. Such staff attorneys
shall |
12 | | report directly to the individual Commissioner.
|
13 | | A formal training program for newly-appointed |
14 | | Commissioners shall be
implemented. The training program shall |
15 | | include the following:
|
16 | | (a) substantive and procedural aspects of the office |
17 | | of Commissioner;
|
18 | | (b) current issues in workers' compensation law and |
19 | | practice;
|
20 | | (c) medical lectures by specialists in areas such as |
21 | | orthopedics,
ophthalmology, psychiatry, rehabilitation |
22 | | counseling;
|
23 | | (d) orientation to each operational unit of the |
24 | | Illinois Workers' Compensation Commission;
|
25 | | (e) observation of experienced arbitrators and |
26 | | Commissioners conducting
hearings of cases, combined with |
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1 | | the opportunity to discuss evidence
presented and rulings |
2 | | made;
|
3 | | (f) the use of hypothetical cases requiring the |
4 | | newly-appointed
Commissioner to issue judgments as a means |
5 | | to evaluating knowledge and
writing ability;
|
6 | | (g) writing skills;
|
7 | | (h) professional and ethical standards pursuant to |
8 | | Section 1.1 of this Act; |
9 | | (i) detection of workers' compensation fraud and |
10 | | reporting obligations of Commission employees and |
11 | | appointees; |
12 | | (j) standards of evidence-based medical treatment and |
13 | | best practices for measuring and improving quality and |
14 | | health care outcomes in the workers' compensation system, |
15 | | including but not limited to the use of the American |
16 | | Medical Association's "Guides to the Evaluation of |
17 | | Permanent Impairment" and the practice of utilization |
18 | | review; and |
19 | | (k) substantive and procedural aspects of coal |
20 | | workers' pneumoconiosis (black lung) cases. |
21 | | A formal and ongoing professional development program |
22 | | including, but not
limited to, the above-noted areas shall be |
23 | | implemented to keep
Commissioners informed of recent |
24 | | developments and issues and to assist them
in maintaining and |
25 | | enhancing their professional competence. Each Commissioner |
26 | | shall complete 20 hours of training in the above-noted areas |
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1 | | during every 2 years such Commissioner shall remain in office.
|
2 | | The Commissioner candidates, other than the Chairman, must |
3 | | meet one of
the following qualifications: (a) licensed to |
4 | | practice law in the State of
Illinois; or (b) served as an |
5 | | arbitrator at the Illinois Workers' Compensation
Commission |
6 | | for at least 3 years; or (c) has at least 4 years of
|
7 | | professional labor relations experience. The Chairman |
8 | | candidate must have
public or private sector management and |
9 | | budget experience, as determined
by the Governor.
|
10 | | Each Commissioner shall devote full time to his duties and |
11 | | any
Commissioner who is an attorney-at-law shall not engage in |
12 | | the practice
of law, nor shall any Commissioner hold any other |
13 | | office or position of
profit under the United States or this |
14 | | State or any municipal
corporation or political subdivision of |
15 | | this State, nor engage in any other
business, employment, or |
16 | | vocation.
|
17 | | The term of office of each member of the Commission |
18 | | holding office on
the effective date of this amendatory Act of |
19 | | 1989 is abolished, but
the incumbents shall continue to |
20 | | exercise all of the powers and be subject
to all of the duties |
21 | | of Commissioners until their respective successors are
|
22 | | appointed and qualified.
|
23 | | The Illinois Workers' Compensation Commission shall |
24 | | administer this Act.
|
25 | | In the promulgation of procedural rules, the determination |
26 | | of cases heard en banc, and other matters determined by the |
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1 | | full Commission, the Chairman's vote shall break a tie in the |
2 | | event of a tie vote.
|
3 | | The members shall be appointed by the Governor, with the |
4 | | advice and
consent of the Senate, as follows:
|
5 | | (a) After the effective date of this amendatory Act of |
6 | | 1989, 3
members, at least one of
each political party, and |
7 | | one of whom shall be a representative citizen
of the |
8 | | employing class operating under this Act, one of whom |
9 | | shall be
a representative citizen of the class of |
10 | | employees covered under this
Act, and one of whom shall be |
11 | | a representative citizen not identified
with either the |
12 | | employing or employee classes, shall be appointed
to hold |
13 | | office until the third Monday in January of 1993, and |
14 | | until their
successors are appointed and qualified, and 4 |
15 | | members, one of whom shall be
a representative citizen of |
16 | | the employing class operating under this Act,
one of whom |
17 | | shall be a representative citizen of the class of |
18 | | employees
covered in this Act, and two of whom shall be |
19 | | representative citizens not
identified with either the |
20 | | employing or employee classes, one of whom shall
be |
21 | | designated by the Governor as Chairman (at least one of |
22 | | each of the two
major political parties) shall be |
23 | | appointed to hold office until the third
Monday of January |
24 | | in 1991, and until their successors are appointed and
|
25 | | qualified.
|
26 | | (a-5) Notwithstanding any other provision of this |
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1 | | Section,
the term of each member of the Commission
who was |
2 | | appointed by the Governor and is in office on June 30, 2003 |
3 | | shall
terminate at the close of business on that date or |
4 | | when all of the successor
members to be appointed pursuant |
5 | | to this amendatory Act of the 93rd General
Assembly have |
6 | | been appointed by the Governor, whichever occurs later. As |
7 | | soon
as possible, the Governor shall appoint persons to |
8 | | fill the vacancies created
by this amendatory Act. Of the |
9 | | initial commissioners appointed pursuant to
this |
10 | | amendatory Act of the 93rd General Assembly, 3 shall be |
11 | | appointed for
terms ending on the third Monday in January, |
12 | | 2005, and 4 shall be appointed
for terms ending on the |
13 | | third Monday in January, 2007.
|
14 | | (a-10) After the effective date of this amendatory Act |
15 | | of the 94th General Assembly, the Commission shall be |
16 | | increased to 10 members. As soon as possible after the |
17 | | effective date of this amendatory Act of the 94th General |
18 | | Assembly, the Governor shall appoint, by and with the |
19 | | consent of the
Senate, the 3 members added to the |
20 | | Commission under this amendatory Act of the 94th General |
21 | | Assembly, one of whom shall be a representative citizen of |
22 | | the employing class operating under this Act, one of whom |
23 | | shall be a representative of the class of employees |
24 | | covered under this Act, and one of whom shall be a |
25 | | representative citizen not identified with either the |
26 | | employing or employee classes. Of the members appointed |
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1 | | under this amendatory Act of the 94th General Assembly, |
2 | | one shall be appointed for a term ending on the third |
3 | | Monday in January, 2007, and 2 shall be appointed for |
4 | | terms ending on the third Monday in January, 2009, and |
5 | | until their successors are appointed and qualified.
|
6 | | (b) Members shall thereafter be appointed to hold |
7 | | office for terms of 4
years from the third Monday in |
8 | | January of the year of their appointment,
and until their |
9 | | successors are appointed and qualified. All such
|
10 | | appointments shall be made so that the composition of the |
11 | | Commission is in
accordance with the provisions of the |
12 | | first paragraph of this Section.
|
13 | | The Chairperson and other members of the Commission shall |
14 | | receive no salary for their services Chairman shall receive an |
15 | | annual salary of $42,500, or
a salary set by the Compensation |
16 | | Review Board, whichever is greater,
and each other member |
17 | | shall receive an annual salary of $38,000, or a
salary set by |
18 | | the Compensation Review Board, whichever is greater .
|
19 | | In case of a vacancy in the office of a Commissioner during |
20 | | the
recess of the Senate, the Governor shall make a temporary |
21 | | appointment
until the next meeting of the Senate, when he |
22 | | shall nominate some person
to fill such office. Any person so |
23 | | nominated who is confirmed by the
Senate shall hold office |
24 | | during the remainder of the term and until his
successor is |
25 | | appointed and qualified.
|
26 | | The Illinois Workers' Compensation Commission created by |
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1 | | this amendatory Act of 1989
shall succeed to all the rights, |
2 | | powers, duties, obligations, records
and other property and |
3 | | employees of the Industrial Commission which it
replaces as |
4 | | modified by this amendatory Act of 1989 and all applications
|
5 | | and reports to actions and proceedings of such prior |
6 | | Industrial Commission
shall be considered as applications and |
7 | | reports to actions and proceedings
of the Illinois Workers' |
8 | | Compensation Commission created by this amendatory Act of |
9 | | 1989.
|
10 | | Notwithstanding any other provision of this Act, in the |
11 | | event the
Chairman shall make a finding that a member is or |
12 | | will be unavailable to
fulfill the responsibilities of his or |
13 | | her office, the Chairman shall
advise the Governor and the |
14 | | member in writing and shall designate a
certified arbitrator |
15 | | to serve as acting Commissioner. The certified
arbitrator |
16 | | shall act as a Commissioner until the member resumes the |
17 | | duties
of his or her office or until a new member is appointed |
18 | | by the Governor, by
and with the consent of the Senate, if a |
19 | | vacancy occurs in the office of
the Commissioner, but in no |
20 | | event shall a certified arbitrator serve in the
capacity of |
21 | | Commissioner for more than 6 months from the date of
|
22 | | appointment by the Chairman. A finding by the Chairman that a |
23 | | member is or
will be unavailable to fulfill the |
24 | | responsibilities of his or her office
shall be based upon |
25 | | notice to the Chairman by a member that he or she will
be |
26 | | unavailable or facts and circumstances made known to the |
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1 | | Chairman which
lead him to reasonably find that a member is |
2 | | unavailable to fulfill the
responsibilities of his or her |
3 | | office. The designation of a certified
arbitrator to act as a |
4 | | Commissioner shall be considered representative of
citizens |
5 | | not identified with either the employing or employee classes |
6 | | and
the arbitrator shall serve regardless of his or her |
7 | | political affiliation.
A certified arbitrator who serves as an |
8 | | acting Commissioner shall have all
the rights and powers of a |
9 | | Commissioner, including salary.
|
10 | | Notwithstanding any other provision of this Act, the |
11 | | Governor shall appoint
a special panel of Commissioners |
12 | | comprised of 3 members who shall be chosen
by the Governor, by |
13 | | and with the consent of the Senate, from among the
current |
14 | | ranks of certified arbitrators. Three members shall hold |
15 | | office
until the Commission in consultation with the Governor |
16 | | determines that the
caseload on review has been reduced |
17 | | sufficiently to allow cases to proceed
in a timely manner or |
18 | | for a term of 18 months from the effective date of
their |
19 | | appointment by the Governor, whichever shall be earlier. The 3
|
20 | | members shall be considered representative of citizens not |
21 | | identified with
either the employing or employee classes and |
22 | | shall serve regardless of
political affiliation. Each of the 3 |
23 | | members shall have only such rights
and powers of a |
24 | | Commissioner necessary to dispose of those cases assigned
to |
25 | | the special panel. Each of the 3 members appointed to the |
26 | | special panel
shall receive the same salary as other |
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1 | | Commissioners for the duration of
the panel.
|
2 | | The Commission may have an Executive Director; if so, the |
3 | | Executive
Director shall be appointed by the Governor with the |
4 | | advice and consent of the
Senate. The salary and duties of the |
5 | | Executive Director shall be fixed by the
Commission.
|
6 | | On the effective date of this amendatory Act of
the 93rd |
7 | | General Assembly, the name of the Industrial Commission is |
8 | | changed to the Illinois Workers' Compensation Commission. |
9 | | References in any law, appropriation, rule, form, or other
|
10 | | document: (i) to the Industrial Commission
are deemed, in |
11 | | appropriate contexts, to be references to the Illinois |
12 | | Workers' Compensation Commission for all purposes; (ii) to the |
13 | | Industrial Commission Operations Fund
are deemed, in |
14 | | appropriate contexts, to be references to the Illinois |
15 | | Workers' Compensation Commission Operations Fund for all |
16 | | purposes; (iii) to the Industrial Commission Operations Fund |
17 | | Fee are deemed, in appropriate contexts, to be
references to |
18 | | the Illinois Workers' Compensation Commission Operations Fund |
19 | | Fee for all
purposes; and (iv) to the Industrial Commission |
20 | | Operations Fund Surcharge are deemed, in appropriate contexts, |
21 | | to be
references to the Illinois Workers' Compensation |
22 | | Commission Operations Fund Surcharge for all
purposes. |
23 | | (Source: P.A. 101-384, eff. 1-1-20 .)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 290/5 new | | | 4 | | 5 ILCS 315/5 | from Ch. 48, par. 1605 | | 5 | | 5 ILCS 430/20-5 | | | 6 | | 10 ILCS 5/1A-6.1 | from Ch. 46, par. 1A-6.1 | | 7 | | 20 ILCS 5/5-155 | was 20 ILCS 5/5.04 | | 8 | | 20 ILCS 5/5-340 | was 20 ILCS 5/9.30 | | 9 | | 20 ILCS 5/5-565 | was 20 ILCS 5/6.06 | | 10 | | 20 ILCS 415/7d | from Ch. 127, par. 63b107d | | 11 | | 20 ILCS 1605/6 | from Ch. 120, par. 1156 | | 12 | | 20 ILCS 2610/5 | from Ch. 121, par. 307.5 | | 13 | | 35 ILCS 200/7-10 | | | 14 | | 70 ILCS 1810/12 | from Ch. 19, par. 163 | | 15 | | 70 ILCS 1863/21 | | | 16 | | 70 ILCS 3605/19 | from Ch. 111 2/3, par. 319 | | 17 | | 70 ILCS 3605/22 | from Ch. 111 2/3, par. 322 | | 18 | | 115 ILCS 5/5 | from Ch. 48, par. 1705 | | 19 | | 220 ILCS 5/2-104 | from Ch. 111 2/3, par. 2-104 | | 20 | | 225 ILCS 705/8.04 | from Ch. 96 1/2, par. 804 | | 21 | | 230 ILCS 5/5 | from Ch. 8, par. 37-5 | | 22 | | 230 ILCS 10/5 | from Ch. 120, par. 2405 | | 23 | | 235 ILCS 5/3-9 | from Ch. 43, par. 105 | | 24 | | 415 ILCS 5/5 | from Ch. 111 1/2, par. 1005 | | 25 | | 430 ILCS 66/20 | | |
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| 1 | | 430 ILCS 85/2-5 | from Ch. 111 1/2, par. 4055 | | 2 | | 605 ILCS 10/4 | from Ch. 121, par. 100-4 | | 3 | | 605 ILCS 10/5 | from Ch. 121, par. 100-5 | | 4 | | 730 ILCS 5/3-3-1 | from Ch. 38, par. 1003-3-1 | | 5 | | 775 ILCS 5/8-101 | from Ch. 68, par. 8-101 | | 6 | | 820 ILCS 305/13 | from Ch. 48, par. 138.13 |
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