Full Text of HB4569 97th General Assembly
HB4569enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Secretary of State Merit Employment Code is | 5 | | amended by changing Sections 5c, 8a, and 8c as follows:
| 6 | | (15 ILCS 310/5c) (from Ch. 124, par. 105c)
| 7 | | Sec. 5c. Partial exemptions. The following positions in the | 8 | | Office of
the Secretary of State are exempt from jurisdictions | 9 | | A, B and C to the extent
stated for each unless these | 10 | | jurisdictions are extended as provided in this Act:
| 11 | | (1) Special agents selected by the Inspector General | 12 | | appointed pursuant to Section 14 of the Secretary of State Act | 13 | | and licensed Licensed attorneys in positions as legal or | 14 | | technical advisors, except
in those positions paid from federal | 15 | | funds if such exemption is inconsistent
with federal | 16 | | requirements, are exempt from jurisdiction B only to the extent
| 17 | | that Sections 10b.1, 10b.3 and 10b.5 of this Code need not be | 18 | | met.
| 19 | | (2) All unskilled positions, unless such exemption is | 20 | | inconsistent with
federal requirements in those positions paid | 21 | | from federal funds, for which
the principal job requirement is | 22 | | good physical condition are exempt from jurisdiction B.
| 23 | | (3) The Merit Commission, upon written recommendation of |
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| 1 | | the Director,
shall exempt from jurisdiction B other positions | 2 | | which, in the judgment
of the Commission, are by their nature | 3 | | highly confidential or involve principal
administrative | 4 | | responsibility for the determination of policy or principal
| 5 | | administrative responsibility for the way in which policies are | 6 | | carried
out, except in those positions paid from federal funds | 7 | | if such exemption
is inconsistent with federal requirements. No | 8 | | position which has the powers
of a law enforcement officer, | 9 | | except executive security officers, may be
exempted under this | 10 | | section.
| 11 | | (4) The personal secretaries and chief deputy to persons | 12 | | exempted under
paragraph (3) of Section 5b of this Act are | 13 | | exempt from jurisdiction B,
unless such exemption is | 14 | | inconsistent with federal requirements in those
positions paid | 15 | | from federal funds.
| 16 | | (5) Positions which are paid a prevailing rate of wage are | 17 | | exempt from jurisdiction B.
| 18 | | (Source: P.A. 80-13.)
| 19 | | (15 ILCS 310/8a) (from Ch. 124, par. 108a)
| 20 | | Sec. 8a. Terms, compensation. Members of the Merit | 21 | | Commission shall be
initially appointed as follows:
| 22 | | (1) One member to serve for 2 years and until his successor | 23 | | is appointed;
| 24 | | (2) One member to serve for 4 years and until his successor | 25 | | is appointed;
and
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| 1 | | (3) One member to serve for 6 years and until his successor | 2 | | is appointed.
| 3 | | Thereafter, members of the Commission shall be appointed by | 4 | | the Secretary
of State for six year terms with the advice and | 5 | | consent of the Senate.
| 6 | | A member of the Commission shall be appointed as Chairman | 7 | | by the Secretary
of State for a two-year term. The Secretary of | 8 | | State may appoint the Chairman
for consecutive terms. The | 9 | | Chairman may also be appointed as the Administrator responsible | 10 | | for overseeing the Commission staff and day-to-day operations | 11 | | of the Commission.
| 12 | | The Secretary of State may appoint a person to fill a | 13 | | vacancy occurring
prior to the expiration of a six year term | 14 | | for the remainder of the unexpired
term with the advice and | 15 | | consent of the Senate.
| 16 | | The salary of the Chairman of the Commission shall be | 17 | | $10,000 per annum
or an amount set by the Compensation Review | 18 | | Board, whichever is greater,
and other members of the | 19 | | Commission shall be paid $7,500 per annum or an
amount set by | 20 | | the Compensation Review Board, whichever is greater. They
shall | 21 | | be entitled to reimbursement for necessary traveling and other | 22 | | official
expenditures necessitated by their official duties. | 23 | | If the Chairman of the Commission is also appointed as the | 24 | | Administrator of the Commission, the Chairman's salary will be | 25 | | set by the Secretary.
| 26 | | (Source: P.A. 84-440.)
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| 1 | | (15 ILCS 310/8c) (from Ch. 124, par. 108c)
| 2 | | Sec. 8c. Duties and powers of the Commission. The Merit | 3 | | Commission, in
addition to any other duties prescribed in this | 4 | | Act, shall have the following
duties and powers:
| 5 | | (1) Upon written recommendations by the Director of | 6 | | Personnel, to exempt
from jurisdiction B of this Act positions | 7 | | which, in the judgment of the
Commission, are by their nature | 8 | | highly confidential or involve principal
administrative | 9 | | responsibility for the determination of policy or principal
| 10 | | administrative responsibility for the way in which policies are | 11 | | carried
out. No position which has the powers of a law | 12 | | enforcement officer, except
executive security officers, may | 13 | | be exempted under this section.
| 14 | | (2) To require such special reports from the Director as it | 15 | | may consider
desirable.
| 16 | | (3) To disapprove original rules or any part thereof and | 17 | | any amendment
thereof within 30 calendar days after the | 18 | | submission of such rules to the
Merit Commission by the | 19 | | Director.
| 20 | | (4) To disapprove within 30 calendar days from date of | 21 | | submission the
position classification plan and any revisions | 22 | | thereof submitted by the
Director as provided in the rules.
| 23 | | (5) To hear appeals of employees who do not accept the | 24 | | allocation of their
positions under the classification plan.
| 25 | | (6) To hear and approve or disapprove written charges filed |
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| 1 | | seeking the
discharge or demotion of employees or suspension | 2 | | totaling more than 30 calendar
days in any 12 month period, as | 3 | | provided in Section 9, appeals as provided
in Section 9a of | 4 | | this Act, and appeals from transfers from one geographical
area | 5 | | in the state to another, and in connection therewith to | 6 | | administer
oaths, subpoena witnesses and compel the production | 7 | | of books and papers.
| 8 | | (7) (Blank).
| 9 | | (8) To make an annual report regarding the work of the | 10 | | Commission to the
Secretary of State, such report to be a | 11 | | public record.
| 12 | | (9) If any violation of this Act is found, the Commission | 13 | | shall direct
compliance in writing.
| 14 | | (10) To appoint such employees, experts and special | 15 | | assistants as may
be necessary to carry out the powers and | 16 | | duties of the commission under
this Act. Employees, experts and | 17 | | special assistants so appointed by the
Commission shall be | 18 | | subject to jurisdictions A, B and C of this Act , except the | 19 | | Chairman of the Commission when serving as the Administrator of | 20 | | the Commission shall not be subject to jurisdictions A, B, and | 21 | | C of this Act .
| 22 | | (11) To promulgate rules and regulations necessary to
carry | 23 | | out and implement their powers and duties
under this Act, with | 24 | | authority to amend such rules from time to time
pursuant to The | 25 | | Illinois Administrative Procedure Act.
| 26 | | (12) Within one year of the effective date of this |
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| 1 | | amendatory Act of 1985,
the Commission shall adopt rules and | 2 | | regulations which shall include all
Commission policies | 3 | | implementing its duties under Sections 8, 9, 10 and 15 of
this | 4 | | Act. These rules and regulations shall include, but not be | 5 | | limited to,
the standards and criteria used by the Commission | 6 | | and Hearing Officers in
making discretionary determinations | 7 | | during hearing procedures.
| 8 | | (13) To hear or conduct investigations as it deems | 9 | | necessary of appeals
of layoff filed by employees appointed | 10 | | under Jurisdiction B after examination,
provided that such | 11 | | appeals are filed within 15 calendar days following the
| 12 | | effective date of such layoff and are made on the basis that | 13 | | the provisions
of the Secretary of State Merit Employment Code | 14 | | or the rules promulgated
thereunder have been violated or have | 15 | | not been complied with. All hearings
shall be public. A | 16 | | decision shall be rendered within 60 days after receipt
of the | 17 | | transcript of the proceedings. The Commission shall order the
| 18 | | reinstatement of the employee if it is proven that the | 19 | | provisions of the
Secretary of State Merit Employment Code or | 20 | | the rules promulgated thereunder
have been violated or have not | 21 | | been complied with. In connection therewith the
Commission may | 22 | | administer oaths, subpoena witnesses, and compel the | 23 | | production
of books and papers.
| 24 | | (Source: P.A. 90-372, eff. 7-1-98; 90-422, eff. 8-15-97.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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