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Public Act 102-1075


 

Public Act 1075 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1075
 
HB5408 EnrolledLRB102 25334 RJT 34610 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Universities Civil Service Act is
amended by changing Sections 36d, 36h, and 45a as follows:
 
    (110 ILCS 70/36d)  (from Ch. 24 1/2, par. 38b3)
    Sec. 36d. Powers and duties of the Merit Board. The Merit
Board shall have the power and duty:
        (1) To approve a classification plan prepared under
    its direction, assigning to each class positions of
    substantially similar duties. The Merit Board shall have
    power to delegate to its Executive Director the duty of
    assigning each position in the classified service to the
    appropriate class in the classification plan approved by
    the Merit Board.
        (2) To prescribe the duties of each class of positions
    and the qualifications required by employment in that
    class.
        (3) To prescribe the range of compensation for each
    class or to fix a single rate of compensation for
    employees in a particular class; and to establish other
    conditions of employment which an employer and employee
    representatives have agreed upon as fair and equitable.
    The Merit Board shall direct the payment of the
    "prevailing rate of wages" in those classifications in
    which, on January 1, 1952, any employer is paying such
    prevailing rate and in such other classes as the Merit
    Board may thereafter determine. "Prevailing rate of wages"
    as used herein shall be the wages paid generally in the
    locality in which the work is being performed to employees
    engaged in work of a similar character. Each employer
    covered by the University System shall be authorized to
    negotiate with representatives of employees to determine
    appropriate ranges or rates of compensation or other
    conditions of employment and may recommend to the Merit
    Board for establishment the rates or ranges or other
    conditions of employment which the employer and employee
    representatives have agreed upon as fair and equitable.
    Any rates or ranges established prior to January 1, 1952,
    and hereafter, shall not be changed except in accordance
    with the procedures herein provided.
        (4) To establish minimum requirements recommend to the
    institutions and agencies specified in Section 36e
    standards for hours of work, holidays, sick leave,
    overtime compensation and vacation for the purpose of
    improving conditions of employment covered therein and for
    the purpose of insuring conformity with the prevailing
    rate principal.
        (5) To prescribe standards of examination for each
    class, the examinations to be related to the duties of
    such class. The Merit Board shall have power to delegate
    to the Executive Director and his or her staff the
    preparation, conduct and grading of examinations.
        (6) To authorize the continuous recruitment of
    personnel and to that end, to delegate to the Executive
    Director and his or her staff the power and the duty to
    conduct open and continuous competitive examinations for
    all classifications of employment.
        (7) To cause to be established, from the results of
    examinations, registers for each class of positions in the
    classified service of the University System of the persons
    who shall attain the minimum mark fixed by the Merit Board
    for the examination; and such persons shall take rank upon
    the registers as candidates in the order of their relative
    excellence as determined by examination, without reference
    to priority of time of examination.
        (8) To provide by its rules for promotions in the
    classified service.
        (8.5) To issue subpoenas to secure the attendance and
    testimony of witnesses and the production of books and
    papers in the course of any investigation or hearing
    conducted pursuant to the Act.
        (9) (Blank).
        (10) To provide by its rules for employment at regular
    rates of compensation of persons with physical
    disabilities in positions in which the disability does not
    prevent the individual from furnishing satisfactory
    service.
        (11) To make and publish rules to carry out the
    purpose of the University System and for examination,
    appointments, transfers and removals and for maintaining
    and keeping records of the efficiency of officers and
    employees and groups of officers and employees in
    accordance with the provisions of Sections 36b to 36q,
    inclusive, and said Merit Board may from time to time make
    changes in such rules.
        (12) To appoint an Executive Director who shall
    appoint staff to help as may be necessary efficiently to
    administer Sections 36b to 36q, inclusive. To authorize
    the Executive Director to accept the appointment of each
    appoint a Designated Employer Representative appointed by
    the institutions and agencies specified in Section 36e. A
    at the place of employment of each employer specified in
    Section 36e, and this Designated Employer Representative
    may be authorized to give examinations and to certify
    names from the regional registers provided in Section 36k.
    The enumeration of specific duties and powers that the
    Merit Board may delegate to the Executive Director in this
    Section does not preclude the Merit Board from delegating
    other duties and powers to the Executive Director.
        (13) To submit to the Governor of this state on or
    before November 1 of each year prior to the regular
    session of the General Assembly a report of the University
    System's business and an estimate of the amount of
    appropriation from state funds required for the purpose of
    administering the University System.
        (14) To authorize the creation and use of pilot
    programs to further the goals of the Act, which may be
    inconsistent with any rules adopted by the Merit Board,
    provided that such programs are of limited duration and do
    not reduce any rights or benefits of employees subject to
    this Act.
(Source: P.A. 99-143, eff. 7-27-15; 100-615, eff. 1-1-19.)
 
    (110 ILCS 70/36h)  (from Ch. 24 1/2, par. 38b7)
    Sec. 36h. Appointment.
    (1) Whenever an employer covered by the University System
has a position which needs to be filled, this employer shall
inform the Executive Director of the Merit Board. The
Executive Director shall then certify to the employer the
names and addresses of the persons with the 3 highest scores on
the register for the classification to which the position is
assigned. The employer shall select one of these persons
certified for the position and shall notify the Executive
Director of the Merit Board of the selection. If less than 3
scores appear on the appropriate register, the employer
Executive Director shall certify the names and addresses of
all persons on the register.
    (2) All appointments shall be for a probationary period of
no less than 6 months and no longer than 12 months for each
class of positions in the classification plan, the length of
the probationary period for each class having been determined
by the Executive Director, except that persons first appointed
to any police department of any university or college subject
to this Act shall be on probation for one year. The service
during the probationary period shall be deemed to be a part of
the examination. During the probationary period, the employee
may be dismissed if the employer determines that the employee
has failed to demonstrate the ability and the qualifications
necessary to furnish satisfactory service. The employer shall
maintain all records of notify the Executive Director in
writing of such dismissal. If an employee is not so dismissed
during his or her probationary period, his or her appointment
shall be deemed complete at the end of the period.
    (3) No person shall be appointed to any police department
of any university or college covered by the University System
unless he or she possesses a high school diploma or an
equivalent high school education and unless he or she is a
person of good character and is not a person who has been
convicted of a felony or a crime involving moral turpitude.
(Source: P.A. 99-72, eff. 1-1-16; 100-615, eff. 1-1-19.)
 
    (110 ILCS 70/45a)  (from Ch. 24 1/2, par. 38l.1)
    Sec. 45a. Except as provided in the second sentence of
this Section, all officers and employees subject to this Act,
shall have the following days as holidays, for which they
shall receive their usual compensation: New Year's Day,
January 1, Memorial Day, as determined by the law of the State
of Illinois, Juneteenth National Freedom Day, as determined by
the law of the State of Illinois, Independence Day, July 4,
Labor Day, the first Monday in September, Thanksgiving Day,
the fourth Thursday of November, Christmas Day, December 25,
and five holidays to be designated by each college,
university, or agency and community college subject to this
Act. Craft and trade employees subject to this Act shall be
paid for all paid holidays included in their area agreement,
and will be paid for all five holidays designated by their
employer pursuant to this Section.
    Notwithstanding any other provision of State law to the
contrary, November 3, 2020 shall be a State holiday known as
2020 General Election Day and shall be observed throughout the
State pursuant to this amendatory Act of the 101st General
Assembly. All government offices, with the exception of
election authorities, shall be closed unless authorized to be
used as a location for election day services or as a polling
place.
    Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State under this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-642, eff. 6-16-20; 102-15, eff. 6-17-21.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/10/2022