Full Text of HB3751 94th General Assembly
HB3751 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3751
Introduced 2/25/2005, by Rep. Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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20 ILCS 415/10 |
from Ch. 127, par. 63b110 |
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Amends the Personnel Code. Authorizes the Civil Service Commission to appoint an executive director who serves at the Commission's pleasure and is subject to the Act's jurisdictions A and C (now, the Commission appoints a full-time executive secretary). Requires that the executive director exercise the powers and duties assigned by the Commission and serve as the Commission's secretary. Effective immediately.
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A BILL FOR
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HB3751 |
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LRB094 11291 JAM 42082 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Personnel Code is amended by changing | 5 |
| Section 10 as follows:
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| (20 ILCS 415/10) (from Ch. 127, par. 63b110)
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| Sec. 10. Duties and powers of the Commission. The Civil | 8 |
| Service Commission shall have duties and powers as follows:
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| (1) Upon written recommendations by the Director of the | 10 |
| Department
of Central Management Services to exempt from | 11 |
| jurisdiction B of this Act
positions which, in the judgment of | 12 |
| the Commission, involve either
principal administrative | 13 |
| responsibility for the determination of policy or
principal | 14 |
| administrative responsibility for the way in which policies are
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| carried out. This authority may not be exercised, however, with | 16 |
| respect to
the position of Assistant Director of Public Aid in | 17 |
| the Department of Public
Aid.
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| (2) To require such special reports from the Director as it | 19 |
| may
consider desirable.
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| (3) To disapprove original rules or any part thereof within | 21 |
| 90 days
and any amendment thereof within 30 days after the | 22 |
| submission of such
rules to the Civil Service Commission by the | 23 |
| Director, and to disapprove
any amendments thereto in the same | 24 |
| manner.
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| (4) To approve or disapprove within 60 days from date of | 26 |
| submission
the position classification P.A. submitted by the | 27 |
| Director as provided
in the rules, and any revisions thereof | 28 |
| within 30 days from the date of
submission.
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| (5) To hear appeals of employees who do not accept the | 30 |
| allocation of
their positions under the position | 31 |
| classification plan.
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| (6) To hear and determine written charges filed seeking the
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HB3751 |
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LRB094 11291 JAM 42082 b |
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| discharge, demotion of employees and suspension totaling more | 2 |
| than
thirty days in any 12-month period, as provided in Section | 3 |
| 11 hereof,
and appeals from transfers from one geographical | 4 |
| area in the State to
another, and in connection therewith to | 5 |
| administer oaths, subpoena
witnesses, and compel the | 6 |
| production of books and papers.
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| (7) The fees of subpoenaed witnesses under this Act for | 8 |
| attendance and
travel shall be the same as fees of witnesses | 9 |
| before the circuit courts
of the State, such fees to be paid | 10 |
| when the witness is excused from further
attendance. Whenever a | 11 |
| subpoena is issued the Commission may require that
the cost of | 12 |
| service and the fee of the witness shall be borne by the party
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| at whose insistence the witness is summoned. The Commission has | 14 |
| the power,
at its discretion, to require a deposit from such | 15 |
| party to cover the cost
of service and witness fees and the | 16 |
| payment of the legal witness fee and
mileage to the witness | 17 |
| served with the subpoena. A subpoena issued under
this Act | 18 |
| shall be served in the same manner as a subpoena issued out of | 19 |
| a court.
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| Upon the failure or refusal to obey a subpoena, a petition | 21 |
| shall be prepared
by the party serving the subpoena for | 22 |
| enforcement in the circuit court of
the county in which the | 23 |
| person to whom the subpoena was directed either
resides or has | 24 |
| his or her principal place of business.
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| Not less than five days before the petition is filed in the | 26 |
| appropriate
court, it shall be served on the person along with | 27 |
| a notice of the time and
place the petition is to be presented.
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| Following a hearing on the petition, the circuit court | 29 |
| shall have
jurisdiction to enforce subpoenas issued pursuant to | 30 |
| this Section.
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| On motion and for good cause shown the Commission may quash | 32 |
| or modify
any subpoena.
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| (8) To make an annual report regarding the work of the | 34 |
| Commission to
the Governor, such report to be a public report.
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| (9) If any violation of this Act is found, the Commission | 36 |
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direct compliance in writing.
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| (10) To appoint an Executive Director who shall serve at | 2 |
| the pleasure of the Commission and shall be subject to | 3 |
| jurisdictions A and C of this Act but is exempt from | 4 |
| jurisdiction B. The Executive Director shall exercise powers | 5 |
| and duties as assigned by the Commission and serve as Secretary | 6 |
| to the Commission. The Commission may also appoint
a full-time | 7 |
| executive secretary and such other
employees, experts, and | 8 |
| special assistants as may be necessary to carry
out the powers | 9 |
| and duties of the Commission under this Act and
employees, | 10 |
| experts, and special assistants so appointed by the
Commission | 11 |
| shall be subject to the provisions of jurisdictions A, B and
C | 12 |
| of this Act. These powers and duties supersede any contrary | 13 |
| provisions
herein contained.
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| (11) To make rules to carry out and implement their powers | 15 |
| and
duties under this Act, with authority to amend such rules | 16 |
| from time to
time.
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| (12) To hear or conduct investigations as it deems | 18 |
| necessary of appeals
of layoff filed by employees appointed | 19 |
| under Jurisdiction B after examination
provided that such | 20 |
| appeals are filed within 15 calendar days following the
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| effective date of such layoff and are made on the basis that | 22 |
| the provisions
of the Personnel Code or of the Rules of the | 23 |
| Department of Central Management
Services relating to layoff | 24 |
| have been violated or have not
been complied with.
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| All hearings shall be public. A decision shall be rendered | 26 |
| within 60 days
after receipt of the transcript of the | 27 |
| proceedings. The Commission shall
order the reinstatement of | 28 |
| the employee if it is proven that the provisions
of the | 29 |
| Personnel Code or of the Rules of the Department of Central | 30 |
| Management
Services relating to layoff have been violated or | 31 |
| have not been
complied with. In connection therewith the | 32 |
| Commission may administer oaths,
subpoena witnesses, and | 33 |
| compel the production of books and papers.
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| (13) Whenever the Civil Service Commission is
authorized or | 35 |
| required by law to consider some aspect of criminal history
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| record information for the purpose of carrying out its |
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| statutory powers and
responsibilities, then, upon request and | 2 |
| payment of fees in conformance
with the requirements of Section | 3 |
| 2605-400 of the Department of State Police Law (20 ILCS | 4 |
| 2605/2605-400), the Department of State Police is
authorized to | 5 |
| furnish, pursuant to positive identification, such
information | 6 |
| contained in State files as is necessary to fulfill the | 7 |
| request.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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