Illinois General Assembly - Full Text of HB5408
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5408  102nd General Assembly




HB5408 EnrolledLRB102 25334 RJT 34610 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Universities Civil Service Act is
5amended by changing Sections 36d, 36h, and 45a as follows:
6    (110 ILCS 70/36d)  (from Ch. 24 1/2, par. 38b3)
7    Sec. 36d. Powers and duties of the Merit Board. The Merit
8Board shall have the power and duty:
9        (1) To approve a classification plan prepared under
10    its direction, assigning to each class positions of
11    substantially similar duties. The Merit Board shall have
12    power to delegate to its Executive Director the duty of
13    assigning each position in the classified service to the
14    appropriate class in the classification plan approved by
15    the Merit Board.
16        (2) To prescribe the duties of each class of positions
17    and the qualifications required by employment in that
18    class.
19        (3) To prescribe the range of compensation for each
20    class or to fix a single rate of compensation for
21    employees in a particular class; and to establish other
22    conditions of employment which an employer and employee
23    representatives have agreed upon as fair and equitable.



HB5408 Enrolled- 2 -LRB102 25334 RJT 34610 b

1    The Merit Board shall direct the payment of the
2    "prevailing rate of wages" in those classifications in
3    which, on January 1, 1952, any employer is paying such
4    prevailing rate and in such other classes as the Merit
5    Board may thereafter determine. "Prevailing rate of wages"
6    as used herein shall be the wages paid generally in the
7    locality in which the work is being performed to employees
8    engaged in work of a similar character. Each employer
9    covered by the University System shall be authorized to
10    negotiate with representatives of employees to determine
11    appropriate ranges or rates of compensation or other
12    conditions of employment and may recommend to the Merit
13    Board for establishment the rates or ranges or other
14    conditions of employment which the employer and employee
15    representatives have agreed upon as fair and equitable.
16    Any rates or ranges established prior to January 1, 1952,
17    and hereafter, shall not be changed except in accordance
18    with the procedures herein provided.
19        (4) To establish minimum requirements recommend to the
20    institutions and agencies specified in Section 36e
21    standards for hours of work, holidays, sick leave,
22    overtime compensation and vacation for the purpose of
23    improving conditions of employment covered therein and for
24    the purpose of insuring conformity with the prevailing
25    rate principal.
26        (5) To prescribe standards of examination for each



HB5408 Enrolled- 3 -LRB102 25334 RJT 34610 b

1    class, the examinations to be related to the duties of
2    such class. The Merit Board shall have power to delegate
3    to the Executive Director and his or her staff the
4    preparation, conduct and grading of examinations.
5        (6) To authorize the continuous recruitment of
6    personnel and to that end, to delegate to the Executive
7    Director and his or her staff the power and the duty to
8    conduct open and continuous competitive examinations for
9    all classifications of employment.
10        (7) To cause to be established, from the results of
11    examinations, registers for each class of positions in the
12    classified service of the University System of the persons
13    who shall attain the minimum mark fixed by the Merit Board
14    for the examination; and such persons shall take rank upon
15    the registers as candidates in the order of their relative
16    excellence as determined by examination, without reference
17    to priority of time of examination.
18        (8) To provide by its rules for promotions in the
19    classified service.
20        (8.5) To issue subpoenas to secure the attendance and
21    testimony of witnesses and the production of books and
22    papers in the course of any investigation or hearing
23    conducted pursuant to the Act.
24        (9) (Blank).
25        (10) To provide by its rules for employment at regular
26    rates of compensation of persons with physical



HB5408 Enrolled- 4 -LRB102 25334 RJT 34610 b

1    disabilities in positions in which the disability does not
2    prevent the individual from furnishing satisfactory
3    service.
4        (11) To make and publish rules to carry out the
5    purpose of the University System and for examination,
6    appointments, transfers and removals and for maintaining
7    and keeping records of the efficiency of officers and
8    employees and groups of officers and employees in
9    accordance with the provisions of Sections 36b to 36q,
10    inclusive, and said Merit Board may from time to time make
11    changes in such rules.
12        (12) To appoint an Executive Director who shall
13    appoint staff to help as may be necessary efficiently to
14    administer Sections 36b to 36q, inclusive. To authorize
15    the Executive Director to accept the appointment of each
16    appoint a Designated Employer Representative appointed by
17    the institutions and agencies specified in Section 36e. A
18    at the place of employment of each employer specified in
19    Section 36e, and this Designated Employer Representative
20    may be authorized to give examinations and to certify
21    names from the regional registers provided in Section 36k.
22    The enumeration of specific duties and powers that the
23    Merit Board may delegate to the Executive Director in this
24    Section does not preclude the Merit Board from delegating
25    other duties and powers to the Executive Director.
26        (13) To submit to the Governor of this state on or



HB5408 Enrolled- 5 -LRB102 25334 RJT 34610 b

1    before November 1 of each year prior to the regular
2    session of the General Assembly a report of the University
3    System's business and an estimate of the amount of
4    appropriation from state funds required for the purpose of
5    administering the University System.
6        (14) To authorize the creation and use of pilot
7    programs to further the goals of the Act, which may be
8    inconsistent with any rules adopted by the Merit Board,
9    provided that such programs are of limited duration and do
10    not reduce any rights or benefits of employees subject to
11    this Act.
12(Source: P.A. 99-143, eff. 7-27-15; 100-615, eff. 1-1-19.)
13    (110 ILCS 70/36h)  (from Ch. 24 1/2, par. 38b7)
14    Sec. 36h. Appointment.
15    (1) Whenever an employer covered by the University System
16has a position which needs to be filled, this employer shall
17inform the Executive Director of the Merit Board. The
18Executive Director shall then certify to the employer the
19names and addresses of the persons with the 3 highest scores on
20the register for the classification to which the position is
21assigned. The employer shall select one of these persons
22certified for the position and shall notify the Executive
23Director of the Merit Board of the selection. If less than 3
24scores appear on the appropriate register, the employer
25Executive Director shall certify the names and addresses of



HB5408 Enrolled- 6 -LRB102 25334 RJT 34610 b

1all persons on the register.
2    (2) All appointments shall be for a probationary period of
3no less than 6 months and no longer than 12 months for each
4class of positions in the classification plan, the length of
5the probationary period for each class having been determined
6by the Executive Director, except that persons first appointed
7to any police department of any university or college subject
8to this Act shall be on probation for one year. The service
9during the probationary period shall be deemed to be a part of
10the examination. During the probationary period, the employee
11may be dismissed if the employer determines that the employee
12has failed to demonstrate the ability and the qualifications
13necessary to furnish satisfactory service. The employer shall
14maintain all records of notify the Executive Director in
15writing of such dismissal. If an employee is not so dismissed
16during his or her probationary period, his or her appointment
17shall be deemed complete at the end of the period.
18    (3) No person shall be appointed to any police department
19of any university or college covered by the University System
20unless he or she possesses a high school diploma or an
21equivalent high school education and unless he or she is a
22person of good character and is not a person who has been
23convicted of a felony or a crime involving moral turpitude.
24(Source: P.A. 99-72, eff. 1-1-16; 100-615, eff. 1-1-19.)
25    (110 ILCS 70/45a)  (from Ch. 24 1/2, par. 38l.1)



HB5408 Enrolled- 7 -LRB102 25334 RJT 34610 b

1    Sec. 45a. Except as provided in the second sentence of
2this Section, all officers and employees subject to this Act,
3shall have the following days as holidays, for which they
4shall receive their usual compensation: New Year's Day,
5January 1, Memorial Day, as determined by the law of the State
6of Illinois, Juneteenth National Freedom Day, as determined by
7the law of the State of Illinois, Independence Day, July 4,
8Labor Day, the first Monday in September, Thanksgiving Day,
9the fourth Thursday of November, Christmas Day, December 25,
10and five holidays to be designated by each college,
11university, or agency and community college subject to this
12Act. Craft and trade employees subject to this Act shall be
13paid for all paid holidays included in their area agreement,
14and will be paid for all five holidays designated by their
15employer pursuant to this Section.
16    Notwithstanding any other provision of State law to the
17contrary, November 3, 2020 shall be a State holiday known as
182020 General Election Day and shall be observed throughout the
19State pursuant to this amendatory Act of the 101st General
20Assembly. All government offices, with the exception of
21election authorities, shall be closed unless authorized to be
22used as a location for election day services or as a polling
24    Notwithstanding any other provision of State law to the
25contrary, November 8, 2022 shall be a State holiday known as
262022 General Election Day and shall be observed throughout the



HB5408 Enrolled- 8 -LRB102 25334 RJT 34610 b

1State under this amendatory Act of the 102nd General Assembly.
2(Source: P.A. 101-642, eff. 6-16-20; 102-15, eff. 6-17-21.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.