Rep. Katie Stuart

Filed: 3/23/2022





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2    AMENDMENT NO. ______. Amend House Bill 1172 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Universities Civil Service Act is
5amended by changing Sections 36d, 36e, and 36f and by adding
6Section 36n-5 as follows:
7    (110 ILCS 70/36d)  (from Ch. 24 1/2, par. 38b3)
8    Sec. 36d. Powers and duties of the Merit Board. The Merit
9Board shall have the power and duty:
10        (1) To approve a classification plan prepared under
11    its direction, assigning to each class positions of
12    substantially similar duties. The Merit Board shall have
13    power to delegate to its Executive Director the duty of
14    assigning each position in the classified service to the
15    appropriate class in the classification plan approved by
16    the Merit Board.



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1        (2) To prescribe the duties of each class of positions
2    and the qualifications required by employment in that
3    class.
4        (3) To prescribe the range of compensation for each
5    class or to fix a single rate of compensation for
6    employees in a particular class; and to establish other
7    conditions of employment which an employer and employee
8    representatives have agreed upon as fair and equitable.
9    The Merit Board shall direct the payment of the
10    "prevailing rate of wages" in those classifications in
11    which, on January 1, 1952, any employer is paying such
12    prevailing rate and in such other classes as the Merit
13    Board may thereafter determine. "Prevailing rate of wages"
14    as used herein shall be the wages paid generally in the
15    locality in which the work is being performed to employees
16    engaged in work of a similar character. Each employer
17    covered by the University System shall be authorized to
18    negotiate with representatives of employees to determine
19    appropriate ranges or rates of compensation or other
20    conditions of employment and may recommend to the Merit
21    Board for establishment the rates or ranges or other
22    conditions of employment which the employer and employee
23    representatives have agreed upon as fair and equitable.
24    Any rates or ranges established prior to January 1, 1952,
25    and hereafter, shall not be changed except in accordance
26    with the procedures herein provided.



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1        (4) To recommend to the institutions and agencies
2    specified in Section 36e standards for hours of work,
3    holidays, sick leave, overtime compensation and vacation
4    for the purpose of improving conditions of employment
5    covered therein and for the purpose of insuring conformity
6    with the prevailing rate principal.
7        (5) To delegate to the Designated Employer
8    Representatives the power and duty to determine the method
9    of examination or assessment for each classification in
10    accordance with Section 36f. To prescribe standards of
11    examination for each class, the examinations to be related
12    to the duties of such class. The Merit Board shall have
13    power to delegate to the Executive Director and his or her
14    staff the preparation, conduct and grading of
15    examinations.
16        (6) To authorize the continuous recruitment of
17    personnel and, to that end, to delegate to the Executive
18    Director and his or her staff the power and the duty to
19    conduct open and continuous competitive examinations or
20    assessments for all classifications of employment.
21        (7) To cause to be established, from the results of
22    valid examination or assessment tools established by the
23    employer examinations, registers for each class of
24    positions in the classified service of the University
25    System of the persons who shall attain the minimum mark
26    fixed by the Merit Board for the examination or



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1    assessment; and such persons shall take rank upon the
2    registers as candidates in the order of their relative
3    excellence as determined by the examination or assessment
4    tool, without reference to priority of time of the
5    examination or assessment. Direct patient care health care
6    worker positions are excluded from the register
7    requirements.
8        (8) To provide by its rules for promotions in the
9    classified service.
10        (8.5) To issue subpoenas to secure the attendance and
11    testimony of witnesses and the production of books and
12    papers in the course of any investigation or hearing
13    conducted pursuant to the Act.
14        (9) (Blank).
15        (10) To provide by its rules for employment at regular
16    rates of compensation of persons with physical
17    disabilities in positions in which the disability does not
18    prevent the individual from furnishing satisfactory
19    service.
20        (11) To make and publish rules to carry out the
21    purpose of the University System and for examination,
22    appointments, transfers, and removals and for maintaining
23    and keeping records of the efficiency of officers and
24    employees and groups of officers and employees in
25    accordance with the provisions of Sections 36b to 36q,
26    inclusive, and said Merit Board may from time to time make



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1    changes in such rules.
2        (12) To appoint an Executive Director who shall
3    appoint staff to help as may be necessary efficiently to
4    administer Sections 36b to 36q, inclusive. To authorize
5    the Executive Director to appoint a Designated Employer
6    Representative at the place of employment of each employer
7    specified in Section 36e, and this Designated Employer
8    Representative may be authorized to give examinations and
9    to certify names from the regional registers provided in
10    Section 36k. The enumeration of specific duties and powers
11    that the Merit Board may delegate to the Executive
12    Director in this Section does not preclude the Merit Board
13    from delegating other duties and powers to the Executive
14    Director.
15        (13) To submit to the Governor of this state on or
16    before November 1 of each year prior to the regular
17    session of the General Assembly a report of the University
18    System's business and an estimate of the amount of
19    appropriation from state funds required for the purpose of
20    administering the University System.
21        (14) To authorize the creation and use of pilot
22    programs to further the goals of the Act, which may be
23    inconsistent with any rules adopted by the Merit Board,
24    provided that such programs are of limited duration and do
25    not reduce any rights or benefits of employees subject to
26    this Act.



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1(Source: P.A. 99-143, eff. 7-27-15; 100-615, eff. 1-1-19.)
2    (110 ILCS 70/36e)  (from Ch. 24 1/2, par. 38b4)
3    Sec. 36e. Coverage. All employees of the Illinois
4Community College Board, Southern Illinois University, Chicago
5State University, Eastern Illinois University, Governors State
6University, Illinois State University, Northeastern Illinois
7University, Northern Illinois University, Western Illinois
8University, the University of Illinois, the University System,
9the State Universities Retirement System, the State
10Scholarship Commission, and the Board of Higher Education
11shall be covered by the University System described in
12Sections 36b to 36q, inclusive, of this Act, except the
13following persons:
14        (1) The members and officers of the Merit Board and
15    the board of trustees, and the commissioners of the
16    institutions and agencies covered hereunder. ;
17        (2) The presidents and vice-presidents of each
18    educational institution. ;
19        (3) Other principal administrative employees of each
20    institution and agency as determined by the Merit Board. ;
21        (4) The teaching, research and extension faculties of
22    each institution and agency. ;
23        (5) Students employed under rules prescribed by the
24    Merit Board, without examination or certification.
25(Source: P.A. 100-615, eff. 1-1-19.)



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1    (110 ILCS 70/36f)  (from Ch. 24 1/2, par. 38b5)
2    Sec. 36f. Examinations.
3    (a) All examinations given under the University System
4shall be open to all applicants who are citizens of or
5residents in the State of Illinois and who can qualify by
6training and experience for the position for which application
7is made. In examinations for technical positions for which no
8qualified residents of this State are available the residence
9requirement may be waived.
10    (b) Examinations may be written; oral; by statement of
11training and experience; in the form of tests of knowledge,
12skill, capacity, intellect, or aptitude; or by any other
13method that which, in the judgment of the Merit Board, is
14reasonable and practical for any particular classification.
15Examinations for each class shall be prescribed and conducted
16by the employers set forth in Section 36e. The examinations
17shall be practical and shall relate to the classification for
18which the examination is given. No question in any examination
19shall relate to political or religious affiliation or racial
20origins of the examinee.
21    (c) Different examining procedures may be determined for
22the examinations in different classifications, but all
23examinations in the same classification must be uniform. The
24examination requirement for the initial appointment, entry
25level position only, of law enforcement personnel may be



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1waived if an applicant has satisfied all the requirements
2established by the Illinois Police Training Act for
3appointment of law enforcement officers and if the Merit Board
4allows for such a waiver by rule. Additional positions, entry
5level only, may have the examination requirement waived if the
6occupational standards are regulated by the Department of
7Financial and Professional Regulation, as designated by the
8Merit Board and provided for in adopted rules.
9(Source: P.A. 100-615, eff. 1-1-19.)
10    (110 ILCS 70/36n-5 new)
11    Sec. 36n-5. Extra help appointments.
12    (a) An extra help appointment may be made by an employer to
13any position for work the employer attests to be casual or
14emergent in nature and that meets the following conditions:
15        (1) the amount of time for which the services are
16    needed is not usually predictable;
17        (2) payment for work performed is usually made on an
18    hourly basis; and
19        (3) the work cannot readily be assigned, either on a
20    straight-time or on an overtime basis, to a status
21    employee.
22    (b) Extra help appointments may not have any maximum hour
24    (c) The Merit Board may delegate to the Executive Director
25and the Merit Board's staff the power and duty to establish



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1other guidelines for implementation of this classification.
2    (d) The Merit Board may not create a separate appointment
3classification similar to an extra help appointment as
4described in this Section.".