Rep. Jack D. Franks

Filed: 1/10/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 738

2     AMENDMENT NO. ______. Amend Senate Bill 738 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Election Code is amended by changing
5 Sections 1A-9 and 1A-12 as follows:
 
6     (10 ILCS 5/1A-9)  (from Ch. 46, par. 1A-9)
7     Sec. 1A-9. The State Board of Elections shall appoint an
8 executive director and an assistant executive director. The
9 Subject to the provisions of the "Personnel Code", the annual
10 compensation of the executive director and assistant executive
11 director shall be determined by the Board.
12     The executive director and assistant executive director
13 may be removed from office at any time by a vote of at least 5
14 members of the Board. Upon any such removal a vacancy is
15 created which shall be filled as provided for the initial
16 appointments.
17     The Board, upon the affirmative vote of a majority of its
18 members, may from time to time contract with technical
19 consultants to assist it in the performance of its duties. Such
20 technical consultants shall be compensated only under
21 contracts which specify the duties to be performed and the
22 compensation therefor. Except as otherwise provided in this
23 Section, contracts with technical consultants, other than
24 hearing officers and attorneys representing the Board in

 

 

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1 litigation, shall terminate no more than 60 days after the
2 commencement of the specified duties and may be extended once
3 for a period of no more than 30 days upon the affirmative vote
4 of a majority of the Board. The time limitations imposed by
5 this Section on contracts with technical consultants shall not
6 apply to a contract with a technical consultant for the
7 provision of electronic data processing services in connection
8 with the Board's performance of the duties assigned to it
9 pursuant to paragraph (11) of Section 1A-8 or in connection
10 with the Board's performance of the duties assigned to it
11 pursuant to Sections 4-8, 5-7 and 6-35 concerning the
12 furnishing of electronic data or compilations containing voter
13 registration information to state political committees
14 registered pursuant to the Illinois Campaign Finance Act or the
15 Federal Election Campaign Act. No technical consultant, other
16 than a hearing officer or an attorney engaged to represent the
17 Board in litigation, may be compensated under more than one
18 contract in any fiscal year.
19 (Source: P.A. 84-1026.)
 
20     (10 ILCS 5/1A-12)  (from Ch. 46, par. 1A-12)
21     Sec. 1A-12. The Subject to the provisions of the "Personnel
22 Code", approved July 18, 1955, as heretofore or hereafter
23 amended, the State Board of Elections may employ, promote or
24 discharge such additional persons as are necessary for the
25 proper performance of its duties under this Code, including
26 investigators, examiners and hearing officers. However,
27 persons employed by the State Board of Elections prior to
28 January 1, 1978 and previously certified under a merit plan
29 adopted by the Board shall not be subject to any probationary
30 period nor required to qualify by examination under "The
31 Personnel Code" to continue in their positions. No employee or
32 consultant may appear before the Board in any representative
33 capacity within 6 months after termination of his employment or

 

 

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1 contractual relationship with the Board.
2 (Source: P.A. 80-1437.)
 
3     Section 10. The Personnel Code is amended by changing
4 Section 4c as follows:
 
5     (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
6     Sec. 4c. General exemptions. The following positions in
7 State service shall be exempt from jurisdictions A, B, and C,
8 unless the jurisdictions shall be extended as provided in this
9 Act:
10         (1) All officers elected by the people.
11         (2) All positions under the Lieutenant Governor,
12     Secretary of State, State Treasurer, State Comptroller,
13     State Board of Education, Clerk of the Supreme Court, and
14     Attorney General, and State Board of Elections.
15         (3) Judges, and officers and employees of the courts,
16     and notaries public.
17         (4) All officers and employees of the Illinois General
18     Assembly, all employees of legislative commissions, all
19     officers and employees of the Illinois Legislative
20     Reference Bureau, the Legislative Research Unit, and the
21     Legislative Printing Unit.
22         (5) All positions in the Illinois National Guard and
23     Illinois State Guard, paid from federal funds or positions
24     in the State Military Service filled by enlistment and paid
25     from State funds.
26         (6) All employees of the Governor at the executive
27     mansion and on his immediate personal staff.
28         (7) Directors of Departments, the Adjutant General,
29     the Assistant Adjutant General, the Director of the
30     Illinois Emergency Management Agency, members of boards
31     and commissions, and all other positions appointed by the
32     Governor by and with the consent of the Senate.

 

 

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1         (8) The presidents, other principal administrative
2     officers, and teaching, research and extension faculties
3     of Chicago State University, Eastern Illinois University,
4     Governors State University, Illinois State University,
5     Northeastern Illinois University, Northern Illinois
6     University, Western Illinois University, the Illinois
7     Community College Board, Southern Illinois University,
8     Illinois Board of Higher Education, University of
9     Illinois, State Universities Civil Service System,
10     University Retirement System of Illinois, and the
11     administrative officers and scientific and technical staff
12     of the Illinois State Museum.
13         (9) All other employees except the presidents, other
14     principal administrative officers, and teaching, research
15     and extension faculties of the universities under the
16     jurisdiction of the Board of Regents and the colleges and
17     universities under the jurisdiction of the Board of
18     Governors of State Colleges and Universities, Illinois
19     Community College Board, Southern Illinois University,
20     Illinois Board of Higher Education, Board of Governors of
21     State Colleges and Universities, the Board of Regents,
22     University of Illinois, State Universities Civil Service
23     System, University Retirement System of Illinois, so long
24     as these are subject to the provisions of the State
25     Universities Civil Service Act.
26         (10) The State Police so long as they are subject to
27     the merit provisions of the State Police Act.
28         (11) The scientific staff of the State Scientific
29     Surveys and the Waste Management and Research Center.
30         (12) The technical and engineering staffs of the
31     Department of Transportation, the Department of Nuclear
32     Safety, the Pollution Control Board, and the Illinois
33     Commerce Commission, and the technical and engineering
34     staff providing architectural and engineering services in

 

 

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1     the Department of Central Management Services.
2         (13) All employees of the Illinois State Toll Highway
3     Authority.
4         (14) The Secretary of the Illinois Workers'
5     Compensation Commission.
6         (15) All persons who are appointed or employed by the
7     Director of Insurance under authority of Section 202 of the
8     Illinois Insurance Code to assist the Director of Insurance
9     in discharging his responsibilities relating to the
10     rehabilitation, liquidation, conservation, and dissolution
11     of companies that are subject to the jurisdiction of the
12     Illinois Insurance Code.
13         (16) All employees of the St. Louis Metropolitan Area
14     Airport Authority.
15         (17) All investment officers employed by the Illinois
16     State Board of Investment.
17         (18) Employees of the Illinois Young Adult
18     Conservation Corps program, administered by the Illinois
19     Department of Natural Resources, authorized grantee under
20     Title VIII of the Comprehensive Employment and Training Act
21     of 1973, 29 USC 993.
22         (19) Seasonal employees of the Department of
23     Agriculture for the operation of the Illinois State Fair
24     and the DuQuoin State Fair, no one person receiving more
25     than 29 days of such employment in any calendar year.
26         (20) All "temporary" employees hired under the
27     Department of Natural Resources' Illinois Conservation
28     Service, a youth employment program that hires young people
29     to work in State parks for a period of one year or less.
30         (21) All hearing officers of the Human Rights
31     Commission.
32         (22) All employees of the Illinois Mathematics and
33     Science Academy.
34         (23) All employees of the Kankakee River Valley Area

 

 

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1     Airport Authority.
2         (24) The commissioners and employees of the Executive
3     Ethics Commission.
4         (25) The Executive Inspectors General, including
5     special Executive Inspectors General, and employees of
6     each Office of an Executive Inspector General.
7         (26) The commissioners and employees of the
8     Legislative Ethics Commission.
9         (27) The Legislative Inspector General, including
10     special Legislative Inspectors General, and employees of
11     the Office of the Legislative Inspector General.
12         (28) The Auditor General's Inspector General and
13     employees of the Office of the Auditor General's Inspector
14     General.
15 (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05;
16 revised 10-14-04.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.".