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Rep. Robert F. Flider
Filed: 4/8/2005
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| AMENDMENT TO HOUSE BILL 1038
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| AMENDMENT NO. ______. Amend House Bill 1038, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Open Meetings Act is amended by changing |
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| Sections
1.02, 2.01, 2.05, and 2.06 and by adding Section 7 as |
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| follows:
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| (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
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| Sec. 1.02. For the purposes of this Act:
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| "Meeting" means any gathering , whether in person or by |
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| video or audio conference, telephone call, electronic means |
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| (such as, without limitation, electronic mail, electronic |
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| chat, and instant messaging), or other means of interactive |
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| communication, of a majority of a quorum of the members of a
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| public body held for the purpose of discussing public
business.
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| "Public body" includes all legislative, executive, |
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| administrative or advisory
bodies of the State, counties, |
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| townships, cities, villages, incorporated
towns, school |
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| districts and all other municipal corporations, boards, |
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| bureaus,
committees or commissions of this State, and any |
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| subsidiary bodies of any
of the foregoing including but not |
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| limited to committees and subcommittees
which are supported in |
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| whole or in part by tax revenue, or which expend tax
revenue, |
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| except the General Assembly and committees or commissions |
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| thereof.
"Public body" includes tourism boards and convention |
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| or civic center
boards located in counties that are contiguous |
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| to the Mississippi River with
populations of more than 250,000 |
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| but less than 300,000. "Public body"
includes the Health |
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| Facilities Planning Board. "Public body" does not
include a |
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| child death review team or the Illinois Child Death Review |
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| Teams
Executive Council established under
the Child Death |
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| Review Team Act or an ethics commission acting under the State |
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| Officials and
Employees Ethics Act.
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| (Source: P.A. 92-468, eff. 8-22-01; 93-617, eff. 12-9-03.)
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| (5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
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| Sec. 2.01. All meetings required by this Act to be public |
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| shall be held at
specified times and places which are |
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| convenient and open
to the public. No meeting
required by this |
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| Act to be public shall be held on a legal holiday unless
the |
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| regular meeting day falls on that holiday.
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| A quorum of members of a public body, other than the |
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| Pollution Control Board, must be physically present at the |
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| location of the meeting. Other members who are not physically |
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| present at the meeting may participate in the meeting and vote |
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| on all matters, if they are voting members, by means of a video |
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| or audio conference.
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| (Source: P.A. 88-621, eff. 1-1-95.)
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| (5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
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| Sec. 2.05. Recording meetings.
Subject to the provisions of |
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| Section
8-701 of the Code of Civil Procedure
"An Act in |
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| relation
to the rights of witnesses at proceedings conducted by |
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| a court,
commission, administrative agency or other tribunal in |
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| this
State which are televised or broadcast or at which motion
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| pictures are taken", approved July 14, 1953, as amended , any |
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| person may
record the
proceedings at meetings required to be |
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| open by this Act by tape, film or
other means. The authority
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| holding the meeting shall prescribe reasonable rules to govern
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| the right to make such recordings.
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| If a witness at any meeting required to be open by this Act
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| which is conducted by a commission, administrative agency or
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| other tribunal, refuses to testify on the grounds that he may
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| not be compelled to testify if any portion of his testimony is
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| to be broadcast or televised or if motion pictures are to be
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| taken of him while he is testifying, the authority holding the
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| meeting shall prohibit such recording during the testimony of
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| the witness. Nothing in this Section shall be construed to
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| extend the right to refuse to testify at any meeting not
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| subject to the provisions of Section 8-701 of the Code of Civil |
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| Procedure
"An Act in relation to the rights
of witnesses at |
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| proceedings conducted by a court, commission,
administrative |
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| agency or other tribunal in this State which are
televised or |
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| broadcast or at which motion pictures are taken",
approved July |
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| 14, 1953, as amended .
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| (Source: P.A. 82-378.)
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| (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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| Sec. 2.06. Minutes.
(a) All public bodies shall keep |
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| written minutes of all their
meetings, whether open or closed,
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| and a verbatim
record of all their closed meetings in the form |
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| of an audio or video recording.
Minutes
shall include, but need |
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| not be limited to:
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| (1) the date, time and place of the meeting;
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| (2) the members of the public body recorded as either |
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| present or absent and whether the members were physically |
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| present or present by means of video or audio conference ;
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| and
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| (3) a summary of discussion on all matters proposed, |
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| deliberated,
or decided, and a record of any votes taken.
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| (b) The minutes of meetings open to the public shall be |
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| available for
public inspection within 7 days of the approval |
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| of such minutes by the public
body.
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| (c) The verbatim record may be destroyed without |
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| notification to or the
approval of a records commission or the |
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| State Archivist under the Local Records
Act or the State |
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| Records Act no less than 18 months after the completion of the
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| meeting recorded but only after:
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| (1) the public body
approves the destruction of a |
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| particular recording; and
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| (2) the public body approves minutes of the closed |
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| meeting that meet the
written minutes requirements of |
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| subsection (a) of this Section.
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| (d) Each public body shall periodically, but no less than
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| semi-annually,
meet to review minutes of all closed meetings. |
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| At such
meetings a determination shall be made, and reported in |
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| an open session that
(1) the need for confidentiality still |
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| exists as to all or part of those
minutes or (2) that the |
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| minutes or portions thereof no
longer require
confidential
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| treatment and are available for public inspection.
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| (e) Unless the public body has made a determination that |
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| the verbatim
recording no longer requires confidential |
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| treatment or otherwise consents to
disclosure, the verbatim |
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| record of a meeting closed to the public shall not be
open for |
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| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this |
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| Act. In the case of a civil
action brought to enforce this Act, |
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| the court, if the judge believes such an examination is |
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| necessary, must conduct such in camera
examination of the |
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| verbatim record as it finds appropriate in order to
determine |
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| whether there has been a violation of this Act. In the case of |
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| a
criminal proceeding, the court may conduct an
examination in |
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| order to
determine what portions, if any, must be made |
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| available to the parties for use
as evidence in the |
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| prosecution. Any such initial inspection must be held in |
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| camera. If the court
determines that a complaint or suit |
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| brought for noncompliance under this Act
is valid it may, for |
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| the purposes of discovery, redact from the minutes of the
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| meeting closed to the public any information deemed to qualify |
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| under the
attorney-client privilege. The provisions of this |
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| subsection do not supersede
the privacy or confidentiality |
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| provisions of State or federal law.
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| (f) Minutes of meetings closed to the public shall be |
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| available only after
the public body determines that it is no |
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| longer necessary to protect the public
interest or the privacy |
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| of an individual by keeping them confidential.
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| (Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)
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| (5 ILCS 120/7 new)
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| Sec. 7. Attendance by a means other than physical presence.
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| (a) If a
quorum of the members of the public body is |
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| physically present at the place
designated in the notice of the |
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| meeting, a majority of the public body may allow a member of |
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| that body to attend the meeting by other means if the member is |
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| prevented from physically
attending because of: (i) personal |
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| illness or disability; (ii) employment purposes or
the
business |
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| of the public body; or (iii) a family or other emergency.
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| "Other means" is by video or audio conference.
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| (b) If a member wishes to attend a meeting by other means, |
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| the
member must notify the
recording secretary or clerk of the
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| public body before the meeting unless
advance notice is |
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| impractical.
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| (c) A majority of the public body may allow a member to |
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| attend a meeting by other means only in accordance with and to |
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| the extent allowed by rules adopted by the public body. The |
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| rules must conform to the requirements and restrictions of this |
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| Section, may further limit the extent to which attendance by |
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| other means is allowed, and may provide for the giving of |
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| additional notice to the public or further facilitate public |
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| access to meetings.
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| Section 10. The Environmental Protection Act is amended by |
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| changing Section 5 as follows:
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| (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
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| Sec. 5. Pollution Control Board.
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| (a) There is hereby created an independent board to be |
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| known as the
Pollution Control Board.
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| Until July 1, 2003 or when all of the new members to be |
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| initially
appointed under this amendatory Act of the 93rd |
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| General Assembly have been
appointed by the Governor, whichever |
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| occurs later,
the Board shall consist of 7 technically |
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| qualified members,
no more than 4 of whom may be of the same |
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| political party, to be appointed
by the Governor with the |
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| advice and consent of the Senate.
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| The term of each appointed member of the Board
who is in |
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| office on June 30, 2003 shall terminate at the close of |
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| business
on that date or when all of the new members to be |
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| initially appointed under
this amendatory Act of the 93rd |
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| General Assembly have been appointed by the
Governor, whichever |
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| occurs later.
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| Beginning on July 1, 2003 or when all of the new members to |
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| be initially
appointed under this amendatory Act of the 93rd |
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| General Assembly have been
appointed by the Governor, whichever |
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| occurs later, the Board shall consist
of 5 technically |
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| qualified members, no more than 3 of whom may be of the same
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| political party, to be appointed by the Governor with the |
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| advice and consent
of the Senate. Members shall have verifiable |
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| technical, academic, or actual
experience in the field of |
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| pollution control or environmental law and
regulation.
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| Of the members initially appointed pursuant to this |
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| amendatory Act of the
93rd General Assembly, one shall be |
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| appointed for a term ending July 1, 2004,
2 shall be appointed |
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| for terms ending July 1, 2005, and 2 shall be appointed
for |
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| terms ending July 1, 2006. Thereafter, all members shall hold |
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| office for
3 years from the first day of July in the year in |
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| which they were appointed,
except in case of an appointment to |
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| fill a vacancy. In case of a vacancy in
the office when the |
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| Senate is not in session, the Governor may make a temporary
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| appointment until the next meeting of the Senate, when he or |
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| she shall
nominate some person to fill such office; and any |
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| person so nominated, who is
confirmed by the Senate, shall hold |
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| the office during the remainder of the
term.
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| Members of the Board shall hold office until their |
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| respective successors
have been appointed and qualified. Any |
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| member may resign from office, such
resignation to take effect |
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| when a successor has been appointed and has
qualified.
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| Board members shall be paid $37,000 per year or an amount |
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| set by the
Compensation Review Board, whichever is greater, and |
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| the Chairman shall
be paid $43,000 per year or an amount set by |
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| the Compensation Review Board,
whichever is greater. Each |
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| member shall devote his or her entire time to the
duties of the |
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| office, and shall hold no other office or position of profit, |
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| nor
engage in any other business, employment, or vocation. Each |
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| member shall be
reimbursed for expenses necessarily incurred |
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| and shall make a financial disclosure upon
appointment.
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| Each Board member may employ one secretary and one |
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| assistant, and the
Chairman one secretary and 2 assistants. The |
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| Board also may employ and
compensate hearing officers to |
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| preside at hearings under this Act, and such
other personnel as |
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| may be necessary. Hearing officers shall be attorneys
licensed |
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| to practice law in Illinois.
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| The Board may have an Executive Director; if so, the |
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| Executive Director
shall be appointed by the Governor with the |
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| advice and consent of the Senate.
The salary and duties of the |
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| Executive Director shall be fixed by the Board.
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| The Governor shall designate one Board member to be |
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| Chairman, who
shall serve at the pleasure of the Governor.
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| The Board shall hold at least one meeting each month and |
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| such
additional meetings as may be prescribed by Board rules. |
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| In addition,
special meetings may be called by the Chairman or |
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| by any 2 Board
members, upon delivery of 24 hours written |
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| notice to the office of each
member. All Board meetings shall |
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| be open to the public , except as provided in the Open Meetings |
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| Act , and public
notice of all meetings shall be given at least |
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| 24 hours in
advance of each meeting. In emergency situations in |
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| which a majority of
the Board certifies that exigencies of time |
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| require the requirements of
public notice and of 24 hour |
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| written notice to members may be
dispensed with, and Board |
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| members shall receive such notice as is
reasonable under the |
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| circumstances.
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| If there is no vacancy on the Board, 3
4 members of the |
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| Board shall
constitute a quorum to transact business; |
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| otherwise, a majority of the
Board shall constitute a quorum to |
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| transact business, and no vacancy
shall impair the right of the |
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| remaining members to exercise all of the
powers of the Board. |
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| Every action approved by a majority of the members
of the Board |
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| shall be deemed to be the action of the Board. The Board shall |
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| keep a complete and accurate record of all its
meetings.
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| (b) The Board shall determine, define and implement the
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| environmental control standards applicable in the State of |
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| Illinois and
may adopt rules and regulations in accordance with |
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| Title VII of this Act.
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| (c) The Board shall have authority to act for the State in |
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| regard to
the adoption of standards for submission to the |
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| United States under any
federal law respecting environmental |
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| protection. Such standards shall be
adopted in accordance with |
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| Title VII of the Act and upon adoption shall
be forwarded to |
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| the Environmental Protection Agency for submission to
the |
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| United States pursuant to subsections (l) and (m) of Section 4 |
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| of this
Act. Nothing in this paragraph shall limit the |
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| discretion of the Governor to
delegate authority granted to the |
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| Governor under any federal law.
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| (d) The Board shall have authority to conduct proceedings
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| upon complaints charging violations of this Act, any rule or |
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| regulation
adopted under this Act, any permit or term or |
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| condition of a permit, or any
Board order; upon
administrative |
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| citations; upon petitions for variances or adjusted standards;
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| upon petitions for review of the Agency's final determinations |
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| on permit
applications in accordance with Title X of this Act; |
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| upon petitions to remove
seals under Section 34 of this Act; |
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| and upon other petitions for review of
final determinations |
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| which are made pursuant to this Act or Board rule and
which |
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| involve a subject which the Board is authorized to regulate. |
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| The Board
may also conduct other proceedings as may be provided |
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| by this Act or any other
statute or rule.
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| (e) In connection with any proceeding pursuant to
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| subsection (b) or (d) of this Section, the Board may
subpoena |
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| and compel the attendance of witnesses and the production of |
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| evidence
reasonably necessary to resolution of the matter under |
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| consideration. The
Board shall issue such subpoenas upon the |
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| request of any party to a proceeding
under subsection (d) of |
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| this Section or upon its own motion.
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| (f) The Board may prescribe reasonable fees for permits |
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| required
pursuant to this Act. Such fees in the aggregate may |
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| not exceed the total
cost to the Agency for its inspection and |
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| permit systems. The Board may not
prescribe any permit fees |
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| which are different in amount from those established
by this |
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| Act.
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| (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03; |
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| 93-509, eff.
8-11-03; revised 9-11-03.)".
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