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|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
|[ House Amendment 002 ]|
90_SB0954ham001 LRB9003304NTsbam 1 AMENDMENT TO SENATE BILL 954 2 AMENDMENT NO. . Amend Senate Bill 954 on page 1, by 3 replacing lines 1 and 2 with the following: 4 "AN ACT concerning the Secretary of State, amending named 5 Acts."; and 6 on page 1, below line 4, by inserting the following: 7 "Section 3. The Secretary of State Merit Employment Code 8 is amended by changing Sections 3, 4, 6a, 7, 7a, 7b, 7c, and 9 8c as follows: 10 (15 ILCS 310/3) (from Ch. 124, par. 103) 11 Sec. 3. Definitions. For the purpose of this Act, unless 12 the context indicates otherwise, the following words shall 13 have the meanings ascribed to them as follows: 14
"Board". The Merit Advisory Board created by this Act.15 "Commission". The Merit Commission created by this Act. 16 "Department". Department of Personnel-Secretary of State. 17 "Director". Director of the Department of 18 Personnel-Secretary of State. 19 (Source: P.A. 80-13.) 20 (15 ILCS 310/4) (from Ch. 124, par. 104) -2- LRB9003304NTsbam 1 Sec. 4. Organization. There is created in the Office of 2 the Secretary of State: 3 (a) a Department of Personnel, headed by a Director, 4 which shall be a division of the Office of the Secretary of 5 State with primary responsibility for personnel transactions; 6 and 7 (b) a Merit Advisory Board; and8 (b) (c)a Merit Commission. 9 (Source: P.A. 80-13.) 10 (15 ILCS 310/6a) (from Ch. 124, par. 106a) 11 Sec. 6a. Director - powers and duties. The Director 12 shall have the following duties and responsibilities: 13 (1) To apply and carry out this law and the rules 14 adopted hereunder. 15 (2) To attend meetings of the Commission and when16 requested, of the Merit Advisory Board. 17 (3) To establish and maintain a roster of all employees 18 subject to this Act, in which there shall be set forth, as to 19 each employee, the class, title, pay status, and other 20 pertinent data. 21 (4) Subject to such exemptions or modifications as may 22 be necessary to assure the continuity of federal 23 contributions for positions paid from federal funds, to make 24 appointments to vacancies; to approve all written charges 25 seeking discharge, demotion, or other disciplinary measures 26 provided in this Act and to approve transfers of employees 27 from one geographical area to another in the State. 28 (5) To formulate and administer service wide policies 29 and programs for the improvement of employee effectiveness, 30 including training, safety, health, incentive recognition, 31 counseling, welfare and employee relations. 32 (6) To conduct negotiations affecting pay, hours of 33 work, or other working conditions of employees subject to -3- LRB9003304NTsbam 1 this Act. 2 (7) To investigate from time to time the operation and 3 effect of this law and the rules made thereunder and to 4 report his or her findings and recommendations to the5 Advisory Board,the Commission and the Secretary of State. 6 (8) To make such reports as he may consider desirable ,7 to the Advisory Board,the Commission and the Secretary of 8 State, or as the Secretary of State or ,Commission or9 Advisory Boardmay request. 10 (9) To enter into agreements with professional or 11 educational organizations or the Illinois State Department of 12 Central Management Services for the purpose of obtaining 13 professional or technical assistance in the administration of 14 this Act. 15 (10) To perform any other lawful acts necessary or 16 desirable to carry out the purposes and provisions of this 17 law. 18 (Source: P.A. 82-789.) 19 (15 ILCS 310/7) (from Ch. 124, par. 107) 20 Sec. 7. Merit Advisory Board. There shall be a Merit 21 Advisory Board to the Department of Personnel of 5 members, 22 to be appointed by the Secretary of State, who are proficient 23 in the field of personnel administration as a result of 24 training or experience. Not more than 3 members may be 25 affiliated with the same political party. 26 This Section is repealed on July 1, 1997. 27 (Source: P.A. 80-13.) 28 (15 ILCS 310/7a) (from Ch. 124, par. 107a) 29 Sec. 7a. Terms - compensation. Members of the Merit 30 Advisory Board shall initially be appointed as follows: 31 (1) Two members to serve until the 3rd Monday of 32 January, 1979, and until their respective successors are -4- LRB9003304NTsbam 1 appointed; and 2 (2) Three members to serve until the 3rd Monday of 3 January, 1981, and until their respective successors are 4 appointed. 5 As terms of members so appointed expire, their successors 6 shall be appointed for terms to expire the 3rd Monday in 7 January 4 years thereafter, or until their respective 8 successors are appointed. 9 One member of the Board shall be appointed a chairman by 10 the Secretary of State for a two-year term. The Secretary of 11 State may appoint the chairman for consecutive terms. 12 The Secretary of State may fill vacancies on the Board. 13 Members of the Board shall receive no compensation for 14 their services, but shall be reimbursed for necessary 15 traveling and other official expenses. 16 This Section is repealed on July 1, 1997. 17 (Source: P.A. 80-13.) 18 (15 ILCS 310/7b) (from Ch. 124, par. 107b) 19 Sec. 7b. Meetings. Meetings of the Merit Advisory Board 20 shall be held at least 4 times a year on call of the 21 chairman, or upon call signed by any 3 members, or upon call 22 by the Director of Personnel. Three members of the Board 23 constitute a quorum. 24 This Section is repealed on July 1, 1997. 25 (Source: P.A. 80-13.) 26 (15 ILCS 310/7c) (from Ch. 124, par. 107c) 27 Sec. 7c. Powers. In addition to the duties imposed 28 elsewhere in this Act, the Merit Commission Advisory Board29 may: 30 (1) advise the Secretary of State and the Director of 31 Personnel on problems concerning personnel administration. 32 (2) Obtain from the Director of the Department of -5- LRB9003304NTsbam 1 Personnel and from the Merit Commission such reports as it 2 may consider desirable. 3 (3) Foster the interest of institutions of learning and 4 of industrial, civic, professional and employee organizations 5 in the improvement of personnel standards in the Office of 6 the Secretary of State. 7 (Source: P.A. 80-13.) 8 (15 ILCS 310/8c) (from Ch. 124, par. 108c) 9 Sec. 8c. Duties and powers of the Commission. The Merit 10 Commission, in addition to any other duties prescribed in 11 this Act, shall have the following duties and powers: 12 (1) Upon written recommendations by the Director of 13 Personnel, to exempt from jurisdiction B of this Act 14 positions which, in the judgment of the Commission, are by 15 their nature highly confidential or involve principal 16 administrative responsibility for the determination of policy 17 or principal administrative responsibility for the way in 18 which policies are carried out. No position which has the 19 powers of a law enforcement officer, except executive 20 security officers, may be exempted under this section. 21 (2) To require such special reports from the Director as 22 it may consider desirable. 23 (3) To disapprove original rules or any part thereof and 24 any amendment thereof within 30 calendar days after the 25 submission of such rules to the Merit Commission by the 26 Director. 27 (4) To disapprove within 30 calendar days from date of 28 submission the position classification plan and any revisions 29 thereof submitted by the Director as provided in the rules. 30 (5) To hear appeals of employees who do not accept the 31 allocation of their positions under the classification plan. 32 (6) To hear and approve or disapprove written charges 33 filed seeking the discharge or demotion of employees or -6- LRB9003304NTsbam 1 suspension totaling more than 30 calendar days in any 12 2 month period, as provided in Section 9, appeals as provided 3 in Section 9a of this Act, and appeals from transfers from 4 one geographical area in the state to another, and in 5 connection therewith to administer oaths, subpoena witnesses 6 and compel the production of books and papers. 7 (7) (Blank). To furnish reports requested by the Merit8 Advisory Board.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 13 Commission 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 17 and special assistants so appointed by the Commission shall 18 be subject to jurisdictions A, B and C of this Act. 19 (11) To promulgate rules and regulations necessary to 20 carry out and implement their powers and duties under this 21 Act, with authority to amend such rules from time to time 22 pursuant to The Illinois Administrative Procedure Act. 23 (12) Within one year of the effective date of this 24 amendatory Act of 1985, the Commission shall adopt rules and 25 regulations which shall include all Commission policies 26 implementing its duties under Sections 8, 9, 10 and 15 of 27 this Act. These rules and regulations shall include, but not 28 be limited to, the standards and criteria used by the 29 Commission and Hearing Officers in making discretionary 30 determinations during hearing procedures. 31 (13) To hear or conduct investigations as it deems 32 necessary of appeals of layoff filed by employees appointed 33 under Jurisdiction B after examination, provided that such 34 appeals are filed within 15 calendar days following the -7- LRB9003304NTsbam 1 effective date of such layoff and are made on the basis that 2 the provisions of the Secretary of State Merit Employment 3 Code or the rules promulgated thereunder have been violated 4 or have not been complied with. All hearings shall be public. 5 A decision shall be rendered within 60 days after receipt of 6 the transcript of the proceedings. The Commission shall 7 order the reinstatement of the employee if it is proven that 8 the provisions of the Secretary of State Merit Employment 9 Code or the rules promulgated thereunder have been violated 10 or have not been complied with. In connection therewith the 11 Commission may administer oaths, subpoena witnesses, and 12 compel the production of books and papers. 13 (Source: P.A. 84-793.)"; and 14 on page 4, by replacing lines 8 and 9 with the following: 15 "Section 99. Effective date. This Act takes effect on 16 July 1, 1997, except that the provisions changing Section 17 6-514 of the Illinois Vehicle Code take effect January 1, 18 1998.".
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