HB1084enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1084 EnrolledLRB097 06351 PJG 46431 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 3A-40 as follows:
 
6    (5 ILCS 420/3A-40)
7    Sec. 3A-40. Appointees with expired terms; temporary and
8acting appointees.
9    (a) A person who is nominated by the Governor on or after
10August 26, 2011 (the effective date of Public Act 97-582) this
11amendatory Act of the 97th General Assembly for any affected
12office to which appointment requires the advice and consent of
13the Senate, who is appointed pursuant to that advice and
14consent, and whose term of office expires on or after August
1526, 2011 shall not continue in office longer than 60 calendar
16days after the expiration of that term of office. After that
1760th day, each such office is considered vacant and shall be
18filled only pursuant to the law applicable to making
19appointments to that office, subject to the provisions of this
20Section.
21    A person who has been nominated by the Governor before
22August 26, 2011 (the effective date of Public Act 97-582) this
23amendatory Act of the 97th General Assembly for any affected

 

 

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1office to which appointment requires the advice and consent of
2the Senate, who has been appointed pursuant to that advice and
3consent, and whose term of office has expired before that
4effective date shall not continue in office longer than 60
5calendar days after the date upon which his or her term of
6office has expired that effective date. After that 60 days,
7each such office is considered vacant and shall be filled only
8pursuant to the law applicable to making appointments to that
9office, subject to the provisions of this Section. If the term
10of office of a person who is subject to this paragraph expires
11more than 60 calendar days prior to the effective date of this
12amendatory Act of the 97th General Assembly, then that office
13is considered vacant on the effective date of this amendatory
14Act of the 97th General Assembly, and that vacancy shall be
15filled only pursuant to the law applicable to making
16appointments to that office. For the purposes of this
17subsection (a), "affected office" means (i) an office in which
18one receives any form of compensation, including salary or per
19diem, but not including expense reimbursement, or (ii)
20membership on the board of trustees of a public university.
21    (b) A person who is appointed by the Governor on or after
22August 26, 2011 (the effective date of Public Act 97-582) this
23amendatory Act of the 97th General Assembly to serve as a
24temporary appointee, pursuant to Article V, Section 9(b) of the
25Illinois Constitution or any other applicable statute, to any
26office to which appointment requires the advice and consent of

 

 

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1the Senate shall not continue in office after the next meeting
2of the Senate unless the Governor has filed a message with the
3Secretary of the Senate nominating that person to fill that
4office on or before that meeting date. After that meeting date,
5each such office is considered vacant and shall be filled only
6pursuant to the law applicable to making appointments to that
7office, subject to the provisions of this Section.
8    A person who has been appointed by the Governor before
9August 26, 2011 (the effective date of Public Act 97-582) this
10amendatory Act of the 97th General Assembly to serve as a
11temporary appointee, pursuant to Article V, Section 9(b) of the
12Illinois Constitution or any other applicable statute, to any
13office to which appointment requires the advice and consent of
14the Senate shall not continue in office after August 26, 2011
15that effective date or the next meeting of the Senate after
16August 26, 2011 that effective date, as applicable, unless the
17Governor has filed a message with the Secretary of the Senate
18nominating that person to fill that office on or before the
19next meeting of the Senate after that temporary appointment was
20made. After that effective date or meeting date, as applicable,
21each such office is considered vacant and shall be filled only
22pursuant to the law applicable to making appointments to that
23office, subject to the provisions of this Section.
24    For the purposes of this subsection (b), a meeting of the
25Senate does not include a perfunctory session day as designated
26by the Senate under its rules.

 

 

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1    (c) A person who is designated by the Governor on or after
2August 26, 2011 (the effective date of Public Act 97-582) this
3amendatory Act of the 97th General Assembly to serve as an
4acting appointee to any office to which appointment requires
5the advice and consent of the Senate shall not continue in
6office more than 60 calendar days unless the Governor files a
7message with the Secretary of the Senate nominating that person
8to fill that office within that 60 days. After that 60 days,
9each such office is considered vacant and shall be filled only
10pursuant to the law applicable to making appointments to that
11office, subject to the provisions of this Section. No person
12who has been designated by the Governor to serve as an acting
13appointee to any office to which appointment requires the
14advice and consent of the Senate shall, except at the Senate's
15request, be designated again as an acting appointee for that
16office at the same session of that Senate, subject to the
17provisions of this Section.
18    A person who has been designated by the Governor before
19August 26, 2011 (the effective date of Public Act 97-582) this
20amendatory Act of the 97th General Assembly to serve as an
21acting appointee to any office to which appointment requires
22the advice and consent of the Senate shall not continue in
23office longer than 60 calendar days after August 26, 2011 that
24effective date unless the Governor has filed a message with the
25Secretary of the Senate nominating that person to fill that
26office on or before that 60 days. After that 60 days, each such

 

 

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1office is considered vacant and shall be filled only pursuant
2to the law applicable to making appointments to that office,
3subject to the provisions of this Section. No person who has
4been designated by the Governor to serve as an acting appointee
5to any office to which appointment requires the advice and
6consent of the Senate shall, except at the Senate's request, be
7designated again as an acting appointee for that office at the
8same session of that Senate, subject to the provisions of this
9Section.
10    During the term of a General Assembly, the Governor may not
11designate a person to serve as an acting appointee to any
12office to which appointment requires the advice and consent of
13the Senate if that person's nomination to serve as the
14appointee for the same office was rejected by the Senate of the
15same General Assembly.
16    For the purposes of this subsection (c), "acting appointee"
17means a person designated by the Governor to serve as an acting
18director or acting secretary pursuant to Section 5-605 of the
19Civil Administrative Code of Illinois. "Acting appointee" also
20means a person designated by the Governor pursuant to any other
21statute to serve as an acting holder of any office, to execute
22the duties and functions of any office, or both.
23    (d) The provisions of this Section apply notwithstanding
24any law to the contrary. However, the provisions of this
25Section do not apply to appointments made under Article 1A of
26the Election Code or to the appointment of any person to serve

 

 

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1as Director of the Illinois Power Agency.
2(Source: P.A. 97-582, eff. 8-26-11.)
 
3    Section 10. The Workers' Compensation Act is amended by
4changing Section 14 as follows:
 
5    (820 ILCS 305/14)  (from Ch. 48, par. 138.14)
6    Sec. 14. The Commission shall appoint a secretary, an
7assistant secretary, and arbitrators and shall employ such
8assistants and clerical help as may be necessary. Arbitrators
9shall be appointed pursuant to this Section, notwithstanding
10any provision of the Personnel Code.
11    Each arbitrator appointed after November 22, 1977 shall be
12required to demonstrate in writing and in accordance with the
13rules and regulations of the Illinois Department of Central
14Management Services his or her knowledge of and expertise in
15the law of and judicial processes of the Workers' Compensation
16Act and the Occupational Diseases Act.
17    A formal training program for newly-hired arbitrators
18shall be implemented. The training program shall include the
19following:
20        (a) substantive and procedural aspects of the
21    arbitrator position;
22        (b) current issues in workers' compensation law and
23    practice;
24        (c) medical lectures by specialists in areas such as

 

 

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1    orthopedics, ophthalmology, psychiatry, rehabilitation
2    counseling;
3        (d) orientation to each operational unit of the
4    Illinois Workers' Compensation Commission;
5        (e) observation of experienced arbitrators conducting
6    hearings of cases, combined with the opportunity to discuss
7    evidence presented and rulings made;
8        (f) the use of hypothetical cases requiring the trainee
9    to issue judgments as a means to evaluating knowledge and
10    writing ability;
11        (g) writing skills;
12        (h) professional and ethical standards pursuant to
13    Section 1.1 of this Act;
14        (i) detection of workers' compensation fraud and
15    reporting obligations of Commission employees and
16    appointees;
17        (j) standards of evidence-based medical treatment and
18    best practices for measuring and improving quality and
19    health care outcomes in the workers' compensation system,
20    including but not limited to the use of the American
21    Medical Association's "Guides to the Evaluation of
22    Permanent Impairment" and the practice of utilization
23    review; and
24        (k) substantive and procedural aspects of coal
25    workers' pneumoconiosis (black lung) cases.
26    A formal and ongoing professional development program

 

 

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1including, but not limited to, the above-noted areas shall be
2implemented to keep arbitrators informed of recent
3developments and issues and to assist them in maintaining and
4enhancing their professional competence. Each arbitrator shall
5complete 20 hours of training in the above-noted areas during
6every 2 years such arbitrator shall remain in office.
7    Each arbitrator shall devote full time to his or her duties
8and shall serve when assigned as an acting Commissioner when a
9Commissioner is unavailable in accordance with the provisions
10of Section 13 of this Act. Any arbitrator who is an
11attorney-at-law shall not engage in the practice of law, nor
12shall any arbitrator hold any other office or position of
13profit under the United States or this State or any municipal
14corporation or political subdivision of this State.
15Notwithstanding any other provision of this Act to the
16contrary, an arbitrator who serves as an acting Commissioner in
17accordance with the provisions of Section 13 of this Act shall
18continue to serve in the capacity of Commissioner until a
19decision is reached in every case heard by that arbitrator
20while serving as an acting Commissioner.
21    Notwithstanding any other provision of this Section, the
22term of all arbitrators serving on the effective date of this
23amendatory Act of the 97th General Assembly, including any
24arbitrators on administrative leave, shall terminate at the
25close of business on July 1, 2011, but the incumbents shall
26continue to exercise all of their duties until they are

 

 

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1reappointed or their successors are appointed.
2    On and after the effective date of this amendatory Act of
3the 97th General Assembly, arbitrators shall be appointed to
43-year terms by the full Commission, except that initial
5appointments made on and after the effective date of this
6amendatory Act of the 97th General Assembly shall be made as
7follows:
8        (1) All appointments shall be made by the Governor with
9    the advice and consent of the Senate.
10        (2) For their initial appointments, 12 arbitrators
11    shall be appointed to terms expiring July 1, 2012; 12
12    arbitrators shall be appointed to terms expiring July 1,
13    2013; and all additional arbitrators shall be appointed to
14    terms expiring July 1, 2014. Thereafter, all arbitrators
15    shall be appointed to 3-year terms.
16    Upon the expiration of a term, the Chairman shall evaluate
17the performance of the arbitrator and may recommend to the
18Governor that he or she be reappointed to a second or
19subsequent term by the Governor with the advice and consent of
20the Senate the full Commission.
21    Each arbitrator appointed on or after the effective date of
22this amendatory Act of the 97th General Assembly and who has
23not previously served as an arbitrator for the Commission shall
24be required to be authorized to practice law in this State by
25the Supreme Court, and to maintain this authorization
26throughout his or her term of employment.

 

 

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1    All arbitrators shall be subject to the provisions of the
2Personnel Code, and the performance of all arbitrators shall be
3reviewed by the Chairman on an annual basis. The changes made
4to this Section by this amendatory Act of the 97th General
5Assembly shall prevail over any conflict with the Personnel
6Code. The Chairman shall allow input from the Commissioners in
7all such reviews.
8    The Commission shall assign no fewer than 3 arbitrators to
9each hearing site. The Commission shall establish a procedure
10to ensure that the arbitrators assigned to each hearing site
11are assigned cases on a random basis. No arbitrator shall hear
12cases in any county, other than Cook County, for more than 2
13years in each 3-year term.
14    The Secretary and each arbitrator shall receive a per annum
15salary of $4,000 less than the per annum salary of members of
16The Illinois Workers' Compensation Commission as provided in
17Section 13 of this Act, payable in equal monthly installments.
18    The members of the Commission, Arbitrators and other
19employees whose duties require them to travel, shall have
20reimbursed to them their actual traveling expenses and
21disbursements made or incurred by them in the discharge of
22their official duties while away from their place of residence
23in the performance of their duties.
24    The Commission shall provide itself with a seal for the
25authentication of its orders, awards and proceedings upon which
26shall be inscribed the name of the Commission and the words

 

 

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1"Illinois--Seal".
2    The Secretary or Assistant Secretary, under the direction
3of the Commission, shall have charge and custody of the seal of
4the Commission and also have charge and custody of all records,
5files, orders, proceedings, decisions, awards and other
6documents on file with the Commission. He shall furnish
7certified copies, under the seal of the Commission, of any such
8records, files, orders, proceedings, decisions, awards and
9other documents on file with the Commission as may be required.
10Certified copies so furnished by the Secretary or Assistant
11Secretary shall be received in evidence before the Commission
12or any Arbitrator thereof, and in all courts, provided that the
13original of such certified copy is otherwise competent and
14admissible in evidence. The Secretary or Assistant Secretary
15shall perform such other duties as may be prescribed from time
16to time by the Commission.
17(Source: P.A. 97-18, eff. 6-28-11.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.