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90_SB1390
20 ILCS 415/4c from Ch. 127, par. 63b104c
20 ILCS 415/11 from Ch. 127, par. 63b111
820 ILCS 305/14 from Ch. 48, par. 138.14
Amends the Personnel Code. Includes arbitrators of the
Industrial Commission in the general exemptions from the
Code. Amends the Workers' Compensation Act. Provides that
the Chairman of the Industrial Commission shall appoint an
executive director of the Commission. Abolishes the term of
office of each arbitrator on January 1, 1999 and provides for
appointment of trial and pre-trial arbitrators by the
Chairman on that date for 4-year terms. Deletes existing
provisions concerning the salaries of arbitrators. Makes
other changes. Effective immediately.
LRB9011186YYmgA
LRB9011186YYmgA
1 AN ACT to amend certain Acts in relation to the
2 Individual Commission.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Personnel Code is amended by changing
6 Sections 4c and 11 as follows:
7 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
8 Sec. 4c. General exemptions. The following positions in
9 State service shall be exempt from jurisdictions A, B, and C,
10 unless the jurisdictions shall be extended as provided in
11 this Act:
12 (1) All officers elected by the people.
13 (2) All positions under the Lieutenant Governor,
14 Secretary of State, State Treasurer, State Comptroller,
15 State Board of Education, Clerk of the Supreme Court, and
16 Attorney General.
17 (3) Judges, and officers and employees of the
18 courts, and notaries public.
19 (4) All officers and employees of the Illinois
20 General Assembly, all employees of legislative
21 commissions, all officers and employees of the Illinois
22 Legislative Reference Bureau, the Legislative Research
23 Unit, and the Legislative Printing Unit.
24 (5) All positions in the Illinois National Guard
25 and Illinois State Guard, paid from federal funds or
26 positions in the State Military Service filled by
27 enlistment and paid from State funds.
28 (6) All employees of the Governor at the executive
29 mansion and on his immediate personal staff.
30 (7) Directors of Departments, the Adjutant General,
31 the Assistant Adjutant General, the Director of the
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1 Illinois Emergency Management Agency, members of boards
2 and commissions, and all other positions appointed by
3 the Governor by and with the consent of the Senate.
4 (8) The presidents, other principal administrative
5 officers, and teaching, research and extension faculties
6 of Chicago State University, Eastern Illinois University,
7 Governors State University, Illinois State University,
8 Northeastern Illinois University, Northern Illinois
9 University, Western Illinois University, the Illinois
10 Community College Board, Southern Illinois University,
11 Illinois Board of Higher Education, University of
12 Illinois, State Universities Civil Service System,
13 University Retirement System of Illinois, and the
14 administrative officers and scientific and technical
15 staff of the Illinois State Museum.
16 (9) All other employees except the presidents,
17 other principal administrative officers, and teaching,
18 research and extension faculties of the universities
19 under the jurisdiction of the Board of Regents and the
20 colleges and universities under the jurisdiction of the
21 Board of Governors of State Colleges and Universities,
22 Illinois Community College Board, Southern Illinois
23 University, Illinois Board of Higher Education, Board of
24 Governors of State Colleges and Universities, the Board
25 of Regents, University of Illinois, State Universities
26 Civil Service System, University Retirement System of
27 Illinois, so long as these are subject to the provisions
28 of the State Universities Civil Service Act.
29 (10) The State Police so long as they are subject
30 to the merit provisions of the State Police Act.
31 (11) The scientific staff of the State Scientific
32 Surveys and the Waste Management and Research Center.
33 (12) The technical and engineering staffs of the
34 Department of Transportation, the Department of Nuclear
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1 Safety and the Illinois Commerce Commission, and the
2 technical and engineering staff providing architectural
3 and engineering services in the Department of Central
4 Management Services.
5 (13) All employees of the Illinois State Toll
6 Highway Commission.
7 (14) The Secretary of the Industrial Commission.
8 (15) All persons who are appointed or employed by
9 the Director of Insurance under authority of Section 202
10 of the Illinois Insurance Code to assist the Director of
11 Insurance in discharging his responsibilities relating to
12 the rehabilitation, liquidation, conservation, and
13 dissolution of companies that are subject to the
14 jurisdiction of the Illinois Insurance Code.
15 (16) All employees of the St. Louis Metropolitan
16 Area Airport Authority.
17 (17) All investment officers employed by the
18 Illinois State Board of Investment.
19 (18) Employees of the Illinois Young Adult
20 Conservation Corps program, administered by the Illinois
21 Department of Natural Resources, authorized grantee under
22 Title VIII of the Comprehensive Employment and Training
23 Act of 1973, 29 USC 993.
24 (19) Seasonal employees of the Department of
25 Agriculture for the operation of the Illinois State Fair
26 and the DuQuoin State Fair, no one person receiving more
27 than 29 days of such employment in any calendar year.
28 (20) All "temporary" employees hired under the
29 Department of Natural Resources' Illinois Conservation
30 Service, a youth employment program that hires young
31 people to work in State parks for a period of one year or
32 less.
33 (21) All hearing officers of the Human Rights
34 Commission.
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1 (22) All employees of the Illinois Mathematics and
2 Science Academy.
3 (23) All employees of the Kankakee River Valley
4 Area Airport Authority.
5 (24) All arbitrators of the Industrial Commission.
6 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
7 eff. 8-17-97.)
8 (20 ILCS 415/11) (from Ch. 127, par. 63b111)
9 Sec. 11. Hearing - Disciplinary action. No officer or
10 employee under jurisdiction B, relating to merit and fitness,
11 who has been appointed under the rules and after examination,
12 shall be removed discharged or demoted, or be suspended for a
13 period of more than 30 days, in any 12 month period, except
14 for cause, upon written charges approved by the Director of
15 Central Management Services, and after an opportunity to be
16 heard in his own defense if he makes written request to the
17 Commission within 15 days after the serving of the written
18 charges upon him. Upon the filing of such a request for a
19 hearing, the Commission shall grant a hearing within 30 days.
20 The time and place of the hearing shall be fixed by the
21 Commission, and due notice thereof given the appointing
22 officer and the employee. The hearing shall be public, and
23 the officer or employee is entitled to call witnesses in his
24 own defense and to have the aid of counsel. The finding and
25 decision of the Commission, or the approval by the Commission
26 of the finding and decision of the officer or board appointed
27 by it to conduct such investigation, shall be rendered within
28 60 days after the receipt of the transcript of the
29 proceedings. If the finding and decision is not rendered
30 within 60 days after receipt of the transcript of the
31 proceedings, the employee shall be considered to be
32 reinstated and shall receive full compensation for the period
33 for which he was suspended. The finding and decision of the
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1 Commission or officer or board appointed by it to conduct
2 investigation, when approved by the Commission, shall be
3 certified to the Director, and shall be forthwith enforced by
4 the Director. In making its finding and decision, or in
5 approving the finding and decision of some officer or board
6 appointed by it to conduct such investigation, the Civil
7 Service Commission may, for disciplinary purposes, suspend an
8 employee for a period of time not to exceed 90 days, and in
9 no event to exceed a period of 120 days from the date of any
10 suspension of such employee, pending investigation of such
11 charges. If the Commission certifies a decision that an
12 officer or employee is to be retained in his position and if
13 it does not order a suspension for disciplinary purposes, the
14 officer or employee shall receive full compensation for any
15 period during which he was suspended pending the
16 investigation of the charges.
17 Nothing in this Section shall limit the authority to
18 suspend an employee for a reasonable period not exceeding 30
19 days, in any 12 month period.
20 Notwithstanding the provisions of this Section, an
21 arbitrator of the Industrial Commission, appointed pursuant
22 to Section 14 of the Workers' Compensation Act, may be
23 removed by the Governor upon the recommendation of the
24 Commission Review Board pursuant to Section 14.1 of such Act.
25 Notwithstanding the provisions of this Section, a policy
26 making officer of a State agency, as defined in the Employee
27 Rights Violation Act, shall be discharged from State
28 employment as provided in the Employee Rights Violation Act,
29 enacted by the 85th General Assembly.
30 (Source: P.A. 85-1436.)
31 Section 10. The Workers' Compensation Act is amended by
32 changing Section 14 as follows:
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1 (820 ILCS 305/14) (from Ch. 48, par. 138.14)
2 Sec. 14. The Commission shall appoint a secretary, an
3 assistant secretary, and arbitrators and shall employ such
4 staff assistants and clerical help as may be necessary. The
5 Chairman shall appoint an executive director.
6 The executive director shall be responsible to the
7 Chairman and shall serve subject only to removal by the
8 Chairman for good cause. The executive director shall be
9 responsible for the supervision and direction of the
10 Commission staff and for the necessary administrative
11 activities of the Commission, subject only to the Chairman's
12 direction and approval. To carry out those responsibilities,
13 the executive director may organize the Commission staff into
14 departments, bureaus, sections, or divisions and may delegate
15 and assign to one or more staff members the supervision and
16 direction of any of the departments, bureaus, sections, or
17 divisions.
18 Each arbitrator appointed after November 22, 1977 shall
19 be required to demonstrate in writing and in accordance with
20 the rules and regulations of the Illinois Department of
21 Central Management Services his or her knowledge of and
22 expertise in the law of and judicial processes of the
23 Workers' Compensation Act and the Occupational Diseases Act.
24 A formal training program for newly-hired arbitrators
25 shall be implemented. The training program shall include the
26 following:
27 (a) substantive and procedural aspects of the arbitrator
28 position;
29 (b) current issues in workers' compensation law and
30 practice;
31 (c) medical lectures by specialists in areas such as
32 orthopedics, ophthalmology, psychiatry, rehabilitation
33 counseling;
34 (d) orientation to each operational unit of the
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1 Industrial Commission;
2 (e) observation of experienced arbitrators conducting
3 hearings of cases, combined with the opportunity to discuss
4 evidence presented and rulings made;
5 (f) the use of hypothetical cases requiring the trainee
6 to issue judgments as a means to evaluating knowledge and
7 writing ability;
8 (g) writing skills.
9 A formal and ongoing professional development program
10 including, but not limited to, the above-noted areas shall be
11 implemented to keep arbitrators informed of recent
12 developments and issues and to assist them in maintaining and
13 enhancing their professional competence.
14 Each arbitrator shall devote full time to his or her
15 duties and shall serve when assigned as an acting
16 Commissioner when a Commissioner is unavailable in accordance
17 with the provisions of Section 13 of this Act. Any
18 arbitrator who is an attorney-at-law shall not engage in the
19 practice of law, nor shall any arbitrator hold any other
20 office or position of profit under the United States or this
21 State or any municipal corporation or political subdivision
22 of this State. Notwithstanding any other provision of this
23 Act to the contrary, an arbitrator who serves as an acting
24 Commissioner in accordance with the provisions of Section 13
25 of this Act shall continue to serve in the capacity of
26 Commissioner until a decision is reached in every case heard
27 by that arbitrator while serving as an acting Commissioner.
28 The term of office of each arbitrator is abolished on
29 January 1, 1999. Existing arbitrators shall serve until
30 their successors are appointed. On January 1, 1999 or as
31 soon as practical after that date, the Chairman shall appoint
32 a total of 35 pre-trial and trial arbitrators. A total of 10
33 shall serve initial terms to expire January 1, 2001; a total
34 of 10 shall serve initial terms to expire July 1, 2001; and a
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1 total of 15 shall serve initial terms to expire January 1,
2 2002. Thereafter, each pre-trial arbitrator and trial
3 arbitrator Each arbitrator appointed after the effective date
4 of this amendatory Act of 1989 shall be appointed for a term
5 of 4 6 years. Each arbitrator shall be appointed for a
6 subsequent term unless the Chairman makes a recommendation to
7 the Commission, no later than 60 days prior to the expiration
8 of the term, not to reappoint the arbitrator. Notice of such
9 a recommendation shall also be given to the arbitrator no
10 later than 60 days prior to the expiration of the term. Upon
11 such recommendation by the Chairman, the arbitrator shall be
12 appointed for a subsequent term unless 5 of 7 members of the
13 Commission, including the Chairman, vote not to reappoint the
14 arbitrator.
15 All arbitrators shall be subject to the provisions of the
16 Personnel Code, and The performance of all arbitrators shall
17 be reviewed by the Chairman on an annual basis. The Chairman
18 shall allow input from the Commissioners in all such reviews.
19 The Chairman shall submit a report to the General Assembly of
20 all arbitrator reviews on an annual basis.
21 The Secretary and each arbitrator shall receive a per
22 annum salary of $4,000 less than the per annum salary of
23 members of The Industrial Commission as provided in Section
24 13 of this Act, payable in equal monthly installments.
25 The members of the Commission, Arbitrators and other
26 employees whose duties require them to travel, shall have
27 reimbursed to them their actual traveling expenses and
28 disbursements made or incurred by them in the discharge of
29 their official duties while away from their place of
30 residence in the performance of their duties.
31 The Commission shall provide itself with a seal for the
32 authentication of its orders, awards and proceedings upon
33 which shall be inscribed the name of the Commission and the
34 words "Illinois--Seal".
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1 The Secretary or Assistant Secretary, under the direction
2 of the Commission, shall have charge and custody of the seal
3 of the Commission and also have charge and custody of all
4 records, files, orders, proceedings, decisions, awards and
5 other documents on file with the Commission. He shall furnish
6 certified copies, under the seal of the Commission, of any
7 such records, files, orders, proceedings, decisions, awards
8 and other documents on file with the Commission as may be
9 required. Certified copies so furnished by the Secretary or
10 Assistant Secretary shall be received in evidence before the
11 Commission or any Arbitrator thereof, and in all courts,
12 provided that the original of such certified copy is
13 otherwise competent and admissible in evidence. The Secretary
14 or Assistant Secretary shall perform such other duties as may
15 be prescribed from time to time by the Commission.
16 (Source: P.A. 86-998.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.