Public Act 093-1091
 
SB738 Enrolled LRB093 03017 RCE 03034 b

    AN ACT concerning the departments of State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Sections 1A-9 and 1A-12 as follows:
 
    (10 ILCS 5/1A-9)  (from Ch. 46, par. 1A-9)
    Sec. 1A-9. The State Board of Elections shall appoint an
executive director and an assistant executive director. The
Subject to the provisions of the "Personnel Code", the annual
compensation of the executive director and assistant executive
director shall be determined by the Board.
    The executive director and assistant executive director
may be removed from office at any time by a vote of at least 5
members of the Board. Upon any such removal a vacancy is
created which shall be filled as provided for the initial
appointments.
    The Board, upon the affirmative vote of a majority of its
members, may from time to time contract with technical
consultants to assist it in the performance of its duties. Such
technical consultants shall be compensated only under
contracts which specify the duties to be performed and the
compensation therefor. Except as otherwise provided in this
Section, contracts with technical consultants, other than
hearing officers and attorneys representing the Board in
litigation, shall terminate no more than 60 days after the
commencement of the specified duties and may be extended once
for a period of no more than 30 days upon the affirmative vote
of a majority of the Board. The time limitations imposed by
this Section on contracts with technical consultants shall not
apply to a contract with a technical consultant for the
provision of electronic data processing services in connection
with the Board's performance of the duties assigned to it
pursuant to paragraph (11) of Section 1A-8 or in connection
with the Board's performance of the duties assigned to it
pursuant to Sections 4-8, 5-7 and 6-35 concerning the
furnishing of electronic data or compilations containing voter
registration information to state political committees
registered pursuant to the Illinois Campaign Finance Act or the
Federal Election Campaign Act. No technical consultant, other
than a hearing officer or an attorney engaged to represent the
Board in litigation, may be compensated under more than one
contract in any fiscal year.
(Source: P.A. 84-1026.)
 
    (10 ILCS 5/1A-12)  (from Ch. 46, par. 1A-12)
    Sec. 1A-12. The Subject to the provisions of the "Personnel
Code", approved July 18, 1955, as heretofore or hereafter
amended, the State Board of Elections may employ, promote or
discharge such additional persons as are necessary for the
proper performance of its duties under this Code, including
investigators, examiners and hearing officers. However,
persons employed by the State Board of Elections prior to
January 1, 1978 and previously certified under a merit plan
adopted by the Board shall not be subject to any probationary
period nor required to qualify by examination under "The
Personnel Code" to continue in their positions. No employee or
consultant may appear before the Board in any representative
capacity within 6 months after termination of his employment or
contractual relationship with the Board.
(Source: P.A. 80-1437.)
 
    Section 10. The Personnel Code is amended by changing
Section 4c as follows:
 
    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
    Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
        (1) All officers elected by the people.
        (2) All positions under the Lieutenant Governor,
    Secretary of State, State Treasurer, State Comptroller,
    State Board of Education, Clerk of the Supreme Court, and
    Attorney General, and State Board of Elections.
        (3) Judges, and officers and employees of the courts,
    and notaries public.
        (4) All officers and employees of the Illinois General
    Assembly, all employees of legislative commissions, all
    officers and employees of the Illinois Legislative
    Reference Bureau, the Legislative Research Unit, and the
    Legislative Printing Unit.
        (5) All positions in the Illinois National Guard and
    Illinois State Guard, paid from federal funds or positions
    in the State Military Service filled by enlistment and paid
    from State funds.
        (6) All employees of the Governor at the executive
    mansion and on his immediate personal staff.
        (7) Directors of Departments, the Adjutant General,
    the Assistant Adjutant General, the Director of the
    Illinois Emergency Management Agency, members of boards
    and commissions, and all other positions appointed by the
    Governor by and with the consent of the Senate.
        (8) The presidents, other principal administrative
    officers, and teaching, research and extension faculties
    of Chicago State University, Eastern Illinois University,
    Governors State University, Illinois State University,
    Northeastern Illinois University, Northern Illinois
    University, Western Illinois University, the Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, University of
    Illinois, State Universities Civil Service System,
    University Retirement System of Illinois, and the
    administrative officers and scientific and technical staff
    of the Illinois State Museum.
        (9) All other employees except the presidents, other
    principal administrative officers, and teaching, research
    and extension faculties of the universities under the
    jurisdiction of the Board of Regents and the colleges and
    universities under the jurisdiction of the Board of
    Governors of State Colleges and Universities, Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, Board of Governors of
    State Colleges and Universities, the Board of Regents,
    University of Illinois, State Universities Civil Service
    System, University Retirement System of Illinois, so long
    as these are subject to the provisions of the State
    Universities Civil Service Act.
        (10) The State Police so long as they are subject to
    the merit provisions of the State Police Act.
        (11) The scientific staff of the State Scientific
    Surveys and the Waste Management and Research Center.
        (12) The technical and engineering staffs of the
    Department of Transportation, the Department of Nuclear
    Safety, the Pollution Control Board, and the Illinois
    Commerce Commission, and the technical and engineering
    staff providing architectural and engineering services in
    the Department of Central Management Services.
        (13) All employees of the Illinois State Toll Highway
    Authority.
        (14) The Secretary of the Illinois Workers'
    Compensation Commission.
        (15) All persons who are appointed or employed by the
    Director of Insurance under authority of Section 202 of the
    Illinois Insurance Code to assist the Director of Insurance
    in discharging his responsibilities relating to the
    rehabilitation, liquidation, conservation, and dissolution
    of companies that are subject to the jurisdiction of the
    Illinois Insurance Code.
        (16) All employees of the St. Louis Metropolitan Area
    Airport Authority.
        (17) All investment officers employed by the Illinois
    State Board of Investment.
        (18) Employees of the Illinois Young Adult
    Conservation Corps program, administered by the Illinois
    Department of Natural Resources, authorized grantee under
    Title VIII of the Comprehensive Employment and Training Act
    of 1973, 29 USC 993.
        (19) Seasonal employees of the Department of
    Agriculture for the operation of the Illinois State Fair
    and the DuQuoin State Fair, no one person receiving more
    than 29 days of such employment in any calendar year.
        (20) All "temporary" employees hired under the
    Department of Natural Resources' Illinois Conservation
    Service, a youth employment program that hires young people
    to work in State parks for a period of one year or less.
        (21) All hearing officers of the Human Rights
    Commission.
        (22) All employees of the Illinois Mathematics and
    Science Academy.
        (23) All employees of the Kankakee River Valley Area
    Airport Authority.
        (24) The commissioners and employees of the Executive
    Ethics Commission.
        (25) The Executive Inspectors General, including
    special Executive Inspectors General, and employees of
    each Office of an Executive Inspector General.
        (26) The commissioners and employees of the
    Legislative Ethics Commission.
        (27) The Legislative Inspector General, including
    special Legislative Inspectors General, and employees of
    the Office of the Legislative Inspector General.
        (28) The Auditor General's Inspector General and
    employees of the Office of the Auditor General's Inspector
    General.
(Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05;
revised 10-14-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 3/29/2005