Illinois General Assembly - Full Text of HB5093
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Full Text of HB5093  102nd General Assembly

HB5093enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5093 EnrolledLRB102 25944 NHT 35325 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Educational Labor Relations Act is
5amended 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
9Relations Board.
10    (a-5) Until July 1, 2003 or when all of the new members to
11be initially appointed under this amendatory Act of the 93rd
12General Assembly have been appointed by the Governor,
13whichever occurs later, the Illinois Educational Labor
14Relations Board shall consist of 7 members, no more than 4 of
15whom may be of the same political party, who are residents of
16Illinois appointed by the Governor with the advice and consent
17of the Senate.
18    The term of each appointed member of the Board who is in
19office on June 30, 2003 shall terminate at the close of
20business on that date or when all of the new members to be
21initially appointed under this amendatory Act of the 93rd
22General Assembly have been appointed by the Governor,
23whichever occurs later.

 

 

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1    (b) Beginning on July 1, 2003 or when all of the new
2members to be initially appointed under this amendatory Act of
3the 93rd General Assembly have been appointed by the Governor,
4whichever occurs later, the Illinois Educational Labor
5Relations Board shall consist of 5 members appointed by the
6Governor with the advice and consent of the Senate. No more
7than 3 members may be of the same political party.
8    The Governor shall appoint to the Board only persons who
9are residents of Illinois and have had a minimum of 5 years of
10experience directly related to labor and employment relations
11in representing educational employers or educational employees
12in collective bargaining matters. One appointed member shall
13be designated at the time of his or her appointment to serve as
14chairman.
15    Of the initial members appointed pursuant to this
16amendatory Act of the 93rd General Assembly, 2 shall be
17designated at the time of appointment to serve a term of 6
18years, 2 shall be designated at the time of appointment to
19serve a term of 4 years, and the other shall be designated at
20the time of his or her appointment to serve a term of 4 years,
21with each to serve until his or her successor is appointed and
22qualified.
23     Each subsequent member shall be appointed in like manner
24for a term of 6 years and until his or her successor is
25appointed and qualified. Each member of the Board is eligible
26for reappointment. Vacancies shall be filled in the same

 

 

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1manner as original appointments for the balance of the
2unexpired term.
3    (c) The chairman shall be paid $50,000 per year, or an
4amount set by the Compensation Review Board, whichever is
5greater. Other members of the Board shall each be paid $45,000
6per year, or an amount set by the Compensation Review Board,
7whichever is greater. They shall be entitled to reimbursement
8for necessary traveling and other official expenditures
9necessitated by their official duties.
10    Each member shall devote his entire time to the duties of
11the office, and shall hold no other office or position of
12profit, nor engage in any other business, employment or
13vocation.
14    (d) Three members of the Board constitute a quorum and a
15vacancy on the Board does not impair the right of the remaining
16members to exercise all of the powers of the Board.
17    (e) Any member of the Board may be removed by the Governor,
18upon notice, for neglect of duty or malfeasance in office, but
19for no other cause.
20    (f) The Board may appoint or employ an executive director,
21attorneys, hearing officers, and such other employees as it
22deems necessary to perform its functions, except that the
23Board shall employ a minimum of 8 attorneys and 5
24investigators. The Board shall prescribe the duties and
25qualifications of such persons appointed and, subject to the
26annual appropriation, fix their compensation and provide for

 

 

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1reimbursement of actual and necessary expenses incurred in the
2performance of their duties.
3    (g) The Board may promulgate rules and regulations which
4allow parties in proceedings before the Board to be
5represented by counsel or any other person knowledgeable in
6the matters under consideration.
7    (h) To accomplish the objectives and to carry out the
8duties prescribed by this Act, the Board may subpoena
9witnesses, subpoena the production of books, papers, records
10and documents which may be needed as evidence on any matter
11under inquiry and may administer oaths and affirmations.
12    In cases of neglect or refusal to obey a subpoena issued to
13any person, the circuit court in the county in which the
14investigation or the public hearing is taking place, upon
15application by the Board, may issue an order requiring such
16person to appear before the Board or any member or agent of the
17Board to produce evidence or give testimony. A failure to obey
18such order may be punished by the court as in civil contempt.
19    Any subpoena, notice of hearing, or other process or
20notice of the Board issued under the provisions of this Act may
21be served by one of the methods permitted in the Board's rules.
22personally, by registered mail or by leaving a copy at the
23principal office of the respondent required to be served. A
24return, made and verified by the individual making such
25service and setting forth the manner of such service, is proof
26of service. A post office receipt, when registered mail is

 

 

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1used, is proof of service. All process of any court to which
2application may be made under the provisions of this Act may be
3served in the county where the persons required to be served
4reside or may be found.
5    (i) The Board shall adopt, promulgate, amend, or rescind
6rules and regulations in accordance with the Illinois
7Administrative Procedure Act as it deems necessary and
8feasible to carry out this Act.
9    (j) The Board at the end of every State fiscal year shall
10make a report in writing to the Governor and the General
11Assembly, stating in detail the work it has done in hearing and
12deciding cases and otherwise.
13(Source: P.A. 96-813, eff. 10-30-09.)