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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)
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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; and
8 (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 when
16 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
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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 the
5 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 or
9 Advisory Board may 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
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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 Board
29 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
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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
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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 Merit
8 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
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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.".