SB 2003 — BOARDS-COMMISSIONS-TECH

Each subsequent member shall be appointed for a term of 4 years, commencing on the 4th Monday in January.

Upon expiration of the term of office of any appointive member, the member shall continue to serve until a successor shall be appointed and qualified.

In the case of a vacancy, a successor shall be appointed by the applicable appointive authority to serve for the unexpired portion of the term.

(c) Three members of the State Panel shall at all times constitute a quorum.

Two members of the Local Panel shall at all times constitute a quorum.

A vacancy on a panel does not impair the right of the remaining members to exercise all of the powers of that panel.

Each panel shall adopt an official seal which shall be judicially noticed.

The salary of the Chairman of the State Panel shall be $82,429 per year, or as set by the Compensation Review Board, whichever is greater, and that of the other members of the State and Local Panels shall be $74,188 per year, or as set by the Compensation Review Board, whichever is greater.

(d) __________________d_____________________i_____________ _____d_____________________,______________________h_____________ _____i_______________________e____________________e_____________ _____y___________________ No member shall hold any other public office or be employed as a labor or management representative by the State or any political subdivision of the State or of any department or agency thereof, or actively represent or act on behalf of an employer or an employee organization or an employer in labor relations matters.

Any member of the State Panel may be removed from office by the Governor for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, and only upon notice and hearing.

Any member of the Local Panel may be removed from office by the applicable appointive authority for inefficiency, neglect of duty, misconduct or malfeasance SB2003 Enrolled -5- LRB093 08500 RCE 08724 b in office, and for no other cause, and only upon notice and hearing.

(e) Each panel at the end of every State fiscal year shall make a report in writing to the Governor and the General Assembly, stating in detail the work it has done in hearing and deciding cases and otherwise.

(f) In order to accomplish the objectives and carry out the duties prescribed by this Act, a panel or its authorized designees may hold elections to determine whether a labor organization has majority status;

investigate and attempt to resolve or settle charges of unfair labor practices;

hold hearings in order to carry out its functions;

develop and effectuate appropriate impasse resolution procedures for purposes of resolving labor disputes;

require the appearance of witnesses and the production of evidence on any matter under inquiry;

and administer oaths and affirmations.

The panels shall sign and report in full an opinion in every case which they decide.

(g) Each panel may appoint or employ an executive director, attorneys, hearing officers, mediators, fact-finders, arbitrators, and such other employees as it may deem necessary to perform its functions.

The governing boards shall prescribe the duties and qualifications of such persons appointed and, subject to the annual appropriation, fix their compensation and provide for reimbursement of actual and necessary expenses incurred in the performance of their duties.

(h) Each panel shall exercise general supervision over all attorneys which it employs and over the other persons employed to provide necessary support services for such attorneys.

The panels shall have final authority in respect to complaints brought pursuant to this Act.

(i) The following rules and regulations shall be adopted by the panels meeting in joint session:

(1) procedural rules SB2003 Enrolled -6- LRB093 08500 RCE 08724 b and regulations which shall govern all Board proceedings;

(2) procedures for election of exclusive bargaining representatives pursuant to Section 9, except for the determination of appropriate bargaining units;

and (3) appointment of counsel pursuant to subsection (k) of this Section.

(j) Rules and regulations may be adopted, amended or rescinded only upon a vote of 5 of the members of the State and Local Panels meeting in joint session.

The adoption, amendment or rescission of rules and regulations shall be in conformity with the requirements of the Illinois Administrative Procedure Act.

(k) The panels in joint session shall promulgate rules and regulations providing for the appointment of attorneys or other Board representatives to represent persons in unfair labor practice proceedings before a panel.

The regulations governing appointment shall require the applicant to demonstrate an inability to pay for or inability to otherwise provide for adequate representation before a panel.

Such rules must also provide:

(1) that an attorney may not be appointed in cases which, in the opinion of a panel, are clearly without merit;

(2) the stage of the unfair labor proceeding at which counsel will be appointed;

and (3) the circumstances under which a client will be allowed to select counsel.

(1) The panels in joint session may promulgate rules and regulations which allow parties in proceedings before a panel to be represented by counsel or any other representative of the party's choice.

(m) The Chairman of the State Panel shall serve as Chairman of a joint session of the panels.

Attendance of at least 2 members of the State Panel and at least one member of the Local Panel, in addition to the Chairman, shall constitute a quorum at a joint session.

The panels shall SB2003 Enrolled -7- LRB093 08500 RCE 08724 b meet in joint session at least annually.

(Source:

P.A.

91-798, eff.

7-9-00.) Section 115-5.

The Illinois Educational Labor Relations Act is amended by changing Section 5 as follows:

(115 ILCS 5/5) (from Ch.

48, par.

1705) Sec.

5.

Illinois Educational Labor Relations Board.

(a) There is hereby created the Illinois Educational Labor Relations Board._ _a_____________________0_______________________n____________ _____e_____________________e______________________r_____________ _____G______________________b_____________________h_____________ _____e_______________________t____________________t_____________ _____i_____________________i___ ---------- of 7 members, no more than 4 of whom may be of the same political party, who are residents of Illinois appointed by the Governor with the advice and consent of the Senate.

_h_____________________i______________________a_____________ _____e_____________________h______________________h_____________ _____e_____________________r______________________m_____________ _____a_____________________t______________________o_____________ _____a_____________________b______________________h_____________ _____e__________________ _b______________________1______________________o____________ _____r_____________________a______________________m_____________ _____e_____________________b______________________n_____________ _____n_____________________r______________________s_____________ ______R____________________l_______________________a____________ _____o_____________________c_______________________S____________ _____t______________________o______________________p______ The Governor shall appoint to the Board only persons who _____e_____________________a___ have had a minimum of 5 years of experience directly related to labor and employment SB2003 Enrolled -8- LRB093 08500 RCE 08724 b relations in representing educational employers or educational employees in collective bargaining matters.

One appointed member shall be designated at the time of his or her appointment to serve as chairman.

Of the i_______ -------i----- members appointed pursuant to this amendatory Act of t____9_____________________,___ --------- shall be designated at the time of h ---------- appointment to serve a term of 6 years,____s_____________________t_____________ _____n_____________________r______________ and the other shall be designated at the time of his or her appointment to serve a term of 4 years, with each to serve until his or her successor is appointed and qualified.

------e------------- -----e---------------------t----------------------i------------- -----a---------------------t-----------------------o------------ -----n---------------------o----------------------s------------- -----n---------------------n----------------------e------------- ------a---------------------t---------------------s------------- -----e---------------------i----------------------s------------- -----i---------------------d----------------------n------------- -----h----------------------o---------------------s------------- -----s---------------------f---------- -b-- Each subsequent member shall be appointed in like manner for a term of 6 years and until his or her successor is appointed and qualified.

Each member of the Board is eligible for reappointment.

Vacancies shall be filled in the same manner as original appointments for the balance of the unexpired term.

(c) The chairman shall be paid $50,000 per year, or an amount set by the Compensation Review Board, whichever is greater.

Other members of the Board shall each be paid $45,000 per year, or an amount set by the Compensation Review Board, whichever is greater.

They shall be entitled to reimbursement for necessary traveling and other official expenditures necessitated by their official duties.

SB2003 Enrolled -9- LRB093 08500 RCE 08724 b _a_____________________t______________________t_____________ _____o_____________________h______________________r_____________ _____t_____________________y______________________m_____________ _____i____ (d) _____ ---- members of the Board constitute a quorum and a vacancy on the Board does not impair the right of the remaining members to exercise all of the powers of the Board.

(e) Any member of the Board may be removed by the Governor, upon notice, for neglect of duty or malfeasance in office, but for no other cause.

(f) The Board may appoint or employ an executive director, attorneys, hearing officers, and such other employees as it deems necessary to perform its functions.

The Board shall prescribe the duties and qualifications of such persons appointed and, subject to the annual appropriation, fix their compensation and provide for reimbursement of actual and necessary expenses incurred in the performance of their duties.

(g) The Board may promulgate rules and regulations which allow parties in proceedings before the Board to be represented by counsel or any other person knowledgeable in the matters under consideration.

(h) To accomplish the objectives and to carry out the duties prescribed by this Act, the Board may subpoena witnesses, subpoena the production of books, papers, records and documents which may be needed as evidence on any matter under inquiry and may administer oaths and affirmations.

In cases of neglect or refusal to obey a subpoena issued to any person, the circuit court in the county in which the investigation or the public hearing is taking place, upon application by the Board, may issue an order requiring such person to appear before the Board or any member or agent of the Board to produce evidence or give testimony.

A failure to obey such order may be punished by the court as in civil SB2003 Enrolled -10- LRB093 08500 RCE 08724 b contempt.

Any subpoena, notice of hearing, or other process or notice of the Board issued under the provisions of this Act may be served personally, by registered mail or by leaving a copy at the principal office of the respondent required to be served.

A return, made and verified by the individual making such service and setting forth the manner of such service, is proof of service.

A post office receipt, when registered mail is used, is proof of service.

All process of any court to which application may be made under the provisions of this Act may be served in the county where the persons required to be served reside or may be found.

(i) The Board shall adopt, promulgate, amend, or rescind rules and regulations in accordance with t___ "---- Illinois Administrative Procedure Act" --------------------t------------- as it deems necessary and feasible to carry out this Act.

(j) The Board at the end of every State fiscal year shall make a report in writing to the Governor and the General Assembly, stating in detail the work it has done in hearing and deciding cases and otherwise.

(Source:

P.A.

90-548, eff.

1-1-98;

91-798, eff.

7-9-00.) Section 415-5.

The Environmental Protection Act is amended by changing Section 5 as follows:

(415 ILCS 5/5) (from Ch.

111 1/2, par.

1005) Sec.

5.

Pollution Control Board.

(a) There is hereby created an independent board to be known as the Pollution Control Board.

_ ----------n-- _n_____________________r______________________m_____________ _____a_____________________t______________________o_____________ _____a_____________________b______________________h_____________ _____e______________________t_____________________n_____ of 7 technically qualified members, no more than 4 of whom may be SB2003 Enrolled -11- LRB093 08500 RCE 08724 b of the same political party, to be appointed by the Governor with the advice and consent of the Senate.

_h_____________________i______________________a_____________ _____e_____________________h______________________h_____________ _____e_____________________r______________________m_____________ _____a_____________________t______________________o_____________ _____a_____________________b______________________h_____________ _____e__________________ _e_____________________0_______________________n____________ _____e_____________________e______________________r_____________ _____G______________________b_____________________h_____________ _____e_______________________t____________________o_____________ _____i_____________________e_______________________w____________ _____h_____________________t_______________________t____________ _____t_____________________t______________________e_____________ ______v____________________,______________________e_____________ _____i_____________________o______________________t_____________ _____a______ _f_____________________i______________________u_____________ _____a______________________G_____________________n_____________ _____n_____________________n________________________2___________ _____n______________________J______________________2____________ _____n_____________________i______________________e_________ all members shall hold office for 3 years from the first day of July in the year in which they were appointed, except in case of an appointment to fill a vacancy.

In case of a vacancy in the office when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate, when he or she shall nominate some person to fill such office;

and any person so nominated, who is confirmed by the Senate, shall hold the office during the remainder of the term.

Members of the Board shall hold office until their respective successors have been appointed and qualified.

Any SB2003 Enrolled -12- LRB093 08500 RCE 08724 b member may resign from office, such resignation to take effect when a successor has been appointed and has qualified.

Board members shall be paid $37,000 per year or an amount set by the Compensation Review Board, whichever is greater, and the Chairman shall be paid $43,000 per year or an amount set by the Compensation Review Board, whichever is greater.

_____m_____________________i______________________t_____________ _____e_____________________o_______________________p____________ _____t_____________________a______________________m_____________ _____i____ Each member shall be reimbursed for expenses necessarily incurred----s----------------------t------------- -----r---------------------d------ and shall make a financial disclosure upon appointment.

Each Board member may employ one secretary and one assistant, and the Chairman one secretary and 2 assistants.

The Board also may employ and compensate hearing officers to preside at hearings under this Act, and such other personnel as may be necessary.

Hearing officers shall be attorneys licensed to practice law in Illinois.

_h______________________E______________________i____________ _____t_______________________b____________________G_____________ _____d_____________________t______________________y_____________ _____e_____________________s______________________B______ The Governor shall designate one Board member to be Chairman, who shall serve at the pleasure of the Governor.

The Board shall hold at least one meeting each month and such additional meetings as may be prescribed by Board rules.

In addition, special meetings may be called by the Chairman or by any 2 Board members, upon delivery of 24 hours written notice to the office of each member.

All Board meetings shall be open to the public, and public notice of all meetings shall be given at least 24 hours in advance of each meeting.

In emergency situations in which a majority of the Board certifies that exigencies of time require the SB2003 Enrolled -13- LRB093 08500 RCE 08724 b requirements of public notice and of 24 hour written notice to members may be dispensed with, and Board members shall receive such notice as is reasonable under the circumstances.

_f______________________o_____________________b_____________ ________s___________________a_____________________c_____________ _____w_____________________h______________________u_____________ _____r_____________________d______________________a_____________ _____e_____________________o______________________p_____________ _____._____________________v______________________h_____________ _____o_____________________t______________________e________ ---- -----r----------------------c---------------------a------------- -------b-------------------y----------------------b------------- -----t---------------------r----------------------a------------- -----e---------------------t-- The Board shall keep a complete and accurate record of all its meetings.

(b) The Board shall determine, define and implement the environmental control standards applicable in the State of Illinois and may adopt rules and regulations in accordance with Title VII of this Act.

(c) The Board shall have authority to act for the State in regard to the adoption of standards for submission to the United States under any federal law respecting environmental protection.

Such standards shall be adopted in accordance with Title VII of the Act and upon adoption shall be forwarded to the Environmental Protection Agency for submission to the United States pursuant to subsections (l) and (m) of Section 4 of this Act.

Nothing in this paragraph shall limit the discretion of the Governor to delegate authority granted to the Governor under any federal law.

(d) The Board shall have authority to conduct proceedings upon complaints charging violations of this Act, any rule or regulation adopted under this Act, or any permit or term or condition of a permit;

upon administrative citations;

upon petitions for variances or adjusted SB2003 Enrolled -14- LRB093 08500 RCE 08724 b standards;

upon petitions for review of the Agency's final determinations on permit applications in accordance with Title X of this Act;

upon petitions to remove seals under Section 34 of this Act;

and upon other petitions for review of final determinations which are made pursuant to this Act or Board rule and which involve a subject which the Board is authorized to regulate.

The Board may also conduct other proceedings as may be provided by this Act or any other statute or rule.

(e) In connection with any proceeding pursuant to subsection (b) or (d) of this Section, the Board may subpoena and compel the attendance of witnesses and the production of evidence reasonably necessary to resolution of the matter under consideration.

The Board shall issue such subpoenas upon the request of any party to a proceeding under subsection (d) of this Section or upon its own motion.

(f) The Board may prescribe reasonable fees for permits required pursuant to this Act.

Such fees in the aggregate may not exceed the total cost to the Agency for its inspection and permit systems.

The Board may not prescribe any permit fees which are different in amount from those established by this Act.

(Source:

P.A.

92-574, eff.

6-26-02.) Section 730-5.

The Unified Code of Corrections is amended by changing Section 3-3-1 as follows:

(730 ILCS 5/3-3-1) (from Ch.

38, par.

1003-3-1) Sec.

3-3-1.

Establishment and Appointment of Prisoner Review Board.

(a) There shall be a Prisoner Review Board independent of the Department of Corrections which shall be:

(1) the paroling authority for persons sentenced under the law in effect prior to the effective date of SB2003 Enrolled -15- LRB093 08500 RCE 08724 b this amendatory Act of 1977;

(2) the board of review for cases involving the revocation of good conduct credits or a suspension or reduction in the rate of accumulating such credit;

(3) the board of review and recommendation for the exercise of executive clemency by the Governor;

(4) the authority for establishing release dates for certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in accordance with Section 3-3-2.1 of this Code;

(5) the authority for setting conditions for parole and mandatory supervised release under Section 5-8-1(a) of this Code, and determining whether a violation of those conditions warrant revocation of parole or mandatory supervised release or the imposition of other sanctions.

(b) The Board shall consist of 15 persons appointed by the Governor by and with the advice and consent of the Senate.

One member of the Board shall be designated by the Governor to be Chairman and shall serve as Chairman at the pleasure of the Governor.

The members of the Board shall have had at least 5 years of actual experience in the fields of penology, corrections work, law enforcement, sociology, law, education, social work, medicine, psychology, other behavioral sciences, or a combination thereof.

At least 6 members so appointed must have had at least 3 years experience in the field of juvenile matters.

No more than 8 Board members may be members of the same political party.

Each member of the Board shall serve on a f_u________ ---- ---- basis and shall not hold any other salaried public office, whether elective or appointive,__________o____________ _____s_______________________e____________________e_____________ _____y____________________.

The Chairman of the Board shall SB2003 Enrolled -16- LRB093 08500 RCE 08724 b receive $35,000 a year, or an amount set by the Compensation Review Board, whichever is greater, and each other member $30,000, or an amount set by the Compensation Review Board, whichever is greater.

(c) _________________n______________________t_____________ _____e______________________t_____________________o_____________ _____n_____________________o_______________________t____________ _____c_____________________o______________________e_____________ _____s_____________________p______________________i_____________ _____f_____________________s______________________n_____________ _____n_____________________r______________________p_____________ _____n_____________________s______________________c_____________ _____i__________________ -h---------------------s----------------------i------------- ------s--------------------e----------------------s------------- -----o---------------------i----------------------l------------- -----i----------------------a-----------------------t----------- -----m---------------------t----------------------u------------- -----n------------------- _f_____________________e______________________i_____________ _____f_____________________s_______ the Governor shall appoint _____m_____ ---------------e----------------------d- whose terms shall expire on the third Monday in January 2 ____,___ -------- members whose terms shall expire on the third Monday in January 2___________ ------a----- members whose terms shall expire on the third Monday in January 2_____ --9------------- -----e---------------------t-----------------------A------------ ------e--------------------M-----------------------a------------ -----h---------------------i----------------------a------------- --------T------------------s----------------------n------------- -----n----------------------a----------------------9------------ -----b---------------------n----------------------J------------- Their respective successors shall be appointed for terms of 6 years from the third Monday in January of the year of SB2003 Enrolled -17- LRB093 08500 RCE 08724 b appointment.

Each member shall serve until his successor is appointed and qualified.

Any member may be removed by the Governor for incompetence, neglect of duty, malfeasance or inability to serve.

(d) The Chairman of the Board shall be its chief executive and administrative officer.

__________m____________ _____t_____________________s______________________c_____________ _____n_____________________w______________________n_____________ _____e_______________________d____________________t_____________ ______b____________________d__ (Source:

P.A.

91-798, eff.

7-9-00;

91-946, eff.

2-9-01.) Section 820-305.

The Workers' Compensation Act is amended by changing Section 13 as follows:

(820 ILCS 305/13) (from Ch.

48, par.

138.13) Sec.

13.

There is created an Industrial Commission consisting of 7 members to be appointed by the Governor, by and with the consent of the Senate, 2 of whom shall be representative citizens of the employing class operating under this Act and 2 of whom shall be representative citizens of the class of employees covered under this Act, and 3 of whom shall be representative citizens not identified with either the employing or employee classes.

Not more than 4 members of the Commission shall be of the same political party.

One of the 3 members not identified with either the employing or employee classes shall be designated by the Governor as Chairman.

The Chairman shall be the chief administrative and executive officer of the Commission;

and he or she shall have general supervisory authority over all personnel of the Commission, including arbitrators and Commissioners, and the final authority in all administrative SB2003 Enrolled -18- LRB093 08500 RCE 08724 b matters relating to the Commissioners, including but not limited to the assignment and distribution of cases and assignment of Commissioners to the panels, except in the promulgation of procedural rules and orders under Section 16 and in the determination of cases under this Act.

Notwithstanding the general supervisory authority of the Chairman, each Commissioner, except those assigned to the temporary panel, shall have the authority to hire and supervise 2 staff attorneys each.

Such staff attorneys shall report directly to the individual Commissioner.

A formal training program for newly-appointed Commissioners shall be implemented.

The training program shall include the following:

(a) substantive and procedural aspects of the office of Commissioner;

(b) current issues in workers' compensation law and practice;

(c) medical lectures by specialists in areas such as orthopedics, ophthalmology, psychiatry, rehabilitation counseling;

(d) orientation to each operational unit of the Industrial Commission;

(e) observation of experienced arbitrators and Commissioners conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;

(f) the use of hypothetical cases requiring the newly-appointed Commissioner to issue judgments as a means to evaluating knowledge and writing ability;

(g) writing skills.

A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep Commissioners informed of recent developments and issues and to assist them in maintaining and SB2003 Enrolled -19- LRB093 08500 RCE 08724 b enhancing their professional competence.

The Commissioner candidates, other than the Chairman, must meet one of the following qualifications:

(a) licensed to practice law in the State of Illinois;

or (b) served as an arbitrator at the Illinois Industrial Commission for at least 3 years;

or (c) has at least 4 years of professional labor relations experience.

The Chairman candidate must have public or private sector management and budget experience, as determined by the Governor.

Each Commissioner shall devote full time to his duties and any Commissioner who is an attorney-at-law shall not engage in the practice of law, nor shall any Commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, _____________i_____________ _____e_____________________o_______.

The term of office of each member of the Commission holding office on the effective date of this amendatory Act of 1989 is abolished, but the incumbents shall continue to exercise all of the powers and be subject to all of the duties of Commissioners until their respective successors are appointed and qualified.

The Industrial Commission shall administer this Act.

The members shall be appointed by the Governor, with the advice and consent of the Senate, as follows:

(a) After the effective date of this amendatory Act of 1989, 3 members, at least one of each political party, and one of whom shall be a representative citizen of the employing class operating under this Act, one of whom shall be a representative citizen of the class of employees covered under this Act, and one of whom shall be a representative citizen not identified with either the employing or employee classes, shall be appointed to hold office until the third Monday in January of 1993, SB2003 Enrolled -20- LRB093 08500 RCE 08724 b and until their successors are appointed and qualified, and 4 members, one of whom shall be a representative citizen of the employing class operating under this Act, one of whom shall be a representative citizen of the class of employees covered in this Act, and two of whom shall be representative citizens not identified with either the employing or employee classes, one of whom shall be designated by the Governor as Chairman (at least one of each of the two major political parties) shall be appointed to hold office until the third Monday of January in 1991, and until their successors are appointed and qualified.

_________________n______________________i_____________ _e_____________________a______________________m_____________ _a_____________________e______________________f_____________ _0_____________________t______________________i_____________ _a_____________________e_______________________b____________ _u_____________________d______________________9_____________ _s_____________________p______________________o_____________ _c______________________a_____________________v_____________ _p_____________________f______________________e_____________ _m_____________________e______________________r_____________ _u_____________________e_______________________9____________ _s_____________________p______________________d_____________ _h_____________________a_______________________b____________ _o_____________________e______________________a__________ (b) Members shall thereafter be appointed to hold office for terms of 4 years from the third Monday in January of the year of their appointment, and until their successors are appointed and qualified.

All such appointments shall be made so that the composition of the Commission is in accordance with the provisions of the first paragraph of this Section.

The Chairman shall receive an annual salary of $42,500, SB2003 Enrolled -21- LRB093 08500 RCE 08724 b or a salary set by the Compensation Review Board, whichever is greater, and each other member shall receive an annual salary of $38,000, or a salary set by the Compensation Review Board, whichever is greater.

In case of a vacancy in the office of a Commissioner during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate, when he shall nominate some person to fill such office.

Any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his successor is appointed and qualified.

The Industrial Commission created by this amendatory Act of 1989 shall succeed to all the rights, powers, duties, obligations, records and other property and employees of the Industrial Commission which it replaces as modified by this amendatory Act of 1989 and all applications and reports to actions and proceedings of such prior Industrial Commission shall be considered as applications and reports to actions and proceedings of the Industrial Commission created by this amendatory Act of 1989.

Notwithstanding any other provision of this Act, in the event the Chairman shall make a finding that a member is or will be unavailable to fulfill the responsibilities of his or her office, the Chairman shall advise the Governor and the member in writing and shall designate a certified arbitrator to serve as acting Commissioner.

The certified arbitrator shall act as a Commissioner until the member resumes the duties of his or her office or until a new member is appointed by the Governor, by and with the consent of the Senate, if a vacancy occurs in the office of the Commissioner, but in no event shall a certified arbitrator serve in the capacity of Commissioner for more than 6 months from the date of appointment by the Chairman.

A finding by the Chairman that a member is or will be unavailable to SB2003 Enrolled -22- LRB093 08500 RCE 08724 b fulfill the responsibilities of his or her office shall be based upon notice to the Chairman by a member that he or she will be unavailable or facts and circumstances made known to the Chairman which lead him to reasonably find that a member is unavailable to fulfill the responsibilities of his or her office.

The designation of a certified arbitrator to act as a Commissioner shall be considered representative of citizens not identified with either the employing or employee classes and the arbitrator shall serve regardless of his or her political affiliation.

A certified arbitrator who serves as an acting Commissioner shall have all the rights and powers of a Commissioner, including salary.

Notwithstanding any other provision of this Act, the Governor shall appoint a special panel of Commissioners comprised of 3 members who shall be chosen by the Governor, by and with the consent of the Senate, from among the current ranks of certified arbitrators.

Three members shall hold office until the Commission in consultation with the Governor determines that the caseload on review has been reduced sufficiently to allow cases to proceed in a timely manner or for a term of 18 months from the effective date of their appointment by the Governor, whichever shall be earlier.

The 3 members shall be considered representative of citizens not identified with either the employing or employee classes and shall serve regardless of political affiliation.

Each of the 3 members shall have only such rights and powers of a Commissioner necessary to dispose of those cases assigned to the special panel.

Each of the 3 members appointed to the special panel shall receive the same salary as other Commissioners for the duration of the panel.

_h_____________________e______________________r_____________ _____t_____________________e______________________o_____________ _____a______________________t_____________________r_____________ _____e_____________________s______________________C___________ SB2003 Enrolled -23- LRB093 08500 RCE 08724 b (Source:

P.A.

86-998;

86-1405.) Section 999-85.

Severability.

The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999-99.

Effective date.

This Act takes effect upon becoming law.