Public Act 90-0024 of the 90th General Assembly

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Public Act 90-0024

SB517 Enrolled                                LRB9000639KRsbB

    AN ACT in relation to finances, amending named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Comptroller  Merit  Employment Code is
amended by changing Sections 3, 4, 6, 6a, 8c, 9, 9a, 10, 10a,
10b.1, 10b.6, 10b.9, 10b.12, 10b.15, 10b.16, 10b.17, 10d, 12,
and 14 as follows:

    (15 ILCS 410/3) (from Ch. 15, par. 403)
    Sec. 3. Definitions.  For the purpose of this Act, unless
the context indicates otherwise, the  following  words  shall
have the meanings ascribed to them as follows:
    "Commission". The Merit Commission created by this Act.
    "Department". Department of Human Resources of the Office
of the Comptroller Personnel-Comptroller.
    "Director". Director of the Department of Human Resources
of the Office of the Comptroller Personnel-Comptroller.
    "Organizational  entity".  An entity directly subordinate
to the Comptroller or a Deputy Comptroller.
    "Board".  The Merit Advisory Board created by this Act.
(Source: P.A. 80-1397.)

    (15 ILCS 410/4) (from Ch. 15, par. 404)
    Sec. 4. Organization.  There is created in the Office  of
the Comptroller:
    (a)  a Department of Human Resources Personnel, headed by
a  Director, which shall be a department of the Office of the
Comptroller  with  primary   responsibility   for   personnel
transactions; and
    (b) a Merit Commission. ; and
    (c)  a Merit Advisory Board.
(Source: P.A. 80-1397.)
    (15 ILCS 410/6) (from Ch. 15, par. 409)
    Sec.  6.   Director  - appointment - qualifications.  The
Department of Human Resources Personnel shall have an officer
at its head who shall be known as the Director of  Personnel.
He  or she shall be appointed by the Comptroller, by and with
the advice and  consent  of  the  Senate.   The  Director  of
Personnel  shall  be  a  person  who shall have had practical
working experience in the field of personnel  administration.
The  director  shall  be  selected for appointment from among
those persons who  for  the  two  years  next  preceding  the
appointment  have  not  been  members  of any local, state or
national committee of  a  political  party;  or  officers  or
members  of  any  standing committee of a political party; or
officers or members of standing committees  of  any  partisan
political  group  or  organization.  Nor  shall the appointee
during his or her tenure as Director of  Personnel  become  a
member  of  any  local,  state  or  national  committee  of a
political  party  or  an  officer  or  member   of   standing
committees or any partisan political group or organization.
(Source: P.A. 87-832.)

    (15 ILCS 410/6a) (from Ch. 15, par. 410)
    Sec.  6a.   Director  -  powers and duties.  The Director
shall have the following duties and responsibilities:
    (1)  To apply and  carry  out  this  law  and  the  rules
adopted hereunder.
    (2)  To  attend  meetings  of  the  Commission,  and when
requested, to attend meetings of the Merit Advisory Board.
    (3)  To establish and maintain a roster of all  employees
subject to this Act, in which there shall be set forth, as to
each  employee,  the  class,  title,  pay  status,  and other
pertinent data.
    (4)  Subject to such exemptions or modifications  as  may
be   necessary   to   assure   the   continuity   of  federal
contributions for positions paid from federal funds, to  make
appointments  to  vacancies;  to  approve all written charges
seeking discharge, demotion, or other  disciplinary  measures
provided  in  this  Act and to approve transfers of employees
from one geographical area to another in the State.
    (5)  To formulate and administer office wide policies and
programs  for  the  improvement  of  employee  effectiveness,
including training, safety,  health,  incentive  recognition,
counseling, welfare and employee relations.
    (6)  To  conduct  negotiations  affecting  pay,  hours of
work, or other working conditions  of  employees  subject  to
this Act.
    (7)  To  investigate  from time to time the operation and
effect of this law and  the  rules  made  thereunder  and  to
report  his  or  her  findings  and  recommendations  to  the
Commission and the Comptroller.
    (8)  To make such reports  as  he  or  she  may  consider
desirable,  to  the  Commission and the Comptroller or as the
Comptroller or Commission may request.
    (9)  To  enter  into  agreements  with  professional   or
educational organizations or the Illinois State Department of
Central  Management  Services  for  the  purpose of obtaining
professional or technical assistance in the administration of
this Act.
    (10)  To perform  any  other  lawful  acts  necessary  or
desirable  to  carry  out the purposes and provisions of this
(Source: P.A. 82-789.)

    (15 ILCS 410/8c) (from Ch. 15, par. 419)
    Sec. 8c. Duties and powers of the Commission.  The  Merit
Commission,  in  addition  to  any other duties prescribed in
this Act, shall have the following duties and powers:
    (1)  Upon written  recommendations  by  the  Director  of
Personnel,   to  exempt  from  jurisdiction  B  of  this  Act
positions which, in the judgment of the  Commission,  are  by
their   nature   highly  confidential  or  involve  principal
administrative responsibility for the determination of policy
or principal administrative responsibility  for  the  way  in
which policies are carried out.
    (2)  To require such special reports from the Director as
it may consider desirable.
    (3)  To disapprove original rules or any part thereof and
any  amendment  thereof  within  30  calendar  days after the
submission of such rules  to  the  Merit  Commission  by  the
    (4)  To  disapprove  within 30 calendar days from date of
submission the position classification plan and any revisions
thereof submitted by the Director as provided in the rules.
    (5)  To hear appeals of employees who do not  accept  the
allocation of their positions under the classification plan.
    (6)  To  hear  and  approve or disapprove written charges
filed seeking the  discharge  or  demotion  of  employees  or
suspension  totaling  more  than  30  calendar days in any 12
month period, as provided in Section 9, appeals  as  provided
in  Section  9a  of this Act, and appeals from transfers from
one geographical  area  in  the  state  to  another,  and  in
connection  therewith to administer oaths, subpoena witnesses
and compel the production of books and papers.
    (7)  To make an annual report regarding the work  of  the
Commission  to  the  Comptroller,  such report to be a public
    (8)  If  any  violation  of  this  Act  is   found,   the
Commission shall direct compliance in writing.
    (9)  To  appoint  such  employees,  experts  and  special
assistants  as  may  be necessary to carry out the powers and
duties of the commission under this Act.  Employees,  experts
and  special  assistants so appointed by the Commission shall
be subject to jurisdictions A, B and C of this Act.
    (10)  To make rules to  carry  out  and  implement  their
powers  and  duties  under  this Act, with authority to amend
such rules from time to time.
(Source: P.A. 80-1397.)

    (15 ILCS 410/9) (from Ch. 15, par. 420)
    Sec. 9.  Hearings - disciplinary  action.   No  certified
officer  or  employee under jurisdiction B, relating to merit
and fitness, who has been appointed under the rules and after
examination, shall be  removed,  discharged  or  demoted,  or
suspended  for a period of more than 30 calendar days, except
for cause, upon written charges approved by the  Director  of
Personnel,  and  after  an opportunity to be heard in his own
defense if he makes written request to the Commission  within
15  calendar  days  after  the serving of the written charges
upon him.  Upon the receipt of such a  request  for  hearing,
the Commission shall grant a hearing within 30 calendar days.
The  time  and  place  of  the  hearing shall be fixed by the
Commission,  and  due  notice  thereof  shall  be  given  the
Director of Personnel and the employee.   The  hearing  shall
be  public,  and  the officer or employee is entitled to call
witnesses in his own defense and to have the aid of  counsel.
The  finding  of  the  Commission shall be rendered within 60
calendar days after the receipt  of  the  transcript  of  the
proceedings.   If  the  finding  and decision is not rendered
within 60 calendar days after receipt of  the  transcript  of
the  proceedings,  the  employee  shall  be  considered to be
reinstated and shall receive full compensation for the period
for which he was suspended.  The finding and decision of  the
Commission  or  officer  or  board appointed by it to conduct
such investigation, when approved by the Commission, shall be
certified to the Director, and shall be forthwith enforced by
the Director.  In making its  finding  and  decision,  or  in
approving  the  finding and decision of some officer or board
appointed by it  to  conduct  such  investigation  the  Merit
Commission   may,   for  disciplinary  purposes,  suspend  an
employee for a period of time not to exceed 90 calendar days,
and in no event to exceed a period of 120 calendar days  from
the   date  of  any  suspension  of  such  employee,  pending
investigation of such charges.  If the Commission certifies a
decision that an officer or employee is to be retained in his
position  and  if  it  does  not  order  a   suspension   for
disciplinary  purposes, the officer or employee shall receive
full  compensation  for  any  period  during  which  he   was
suspended pending the investigation of the charges.
    Nothing  in  this  Section  shall  limit the authority to
suspend an employee for a reasonable period not exceeding  30
calendar days.
(Source: P.A. 80-1397.)

    (15 ILCS 410/9a) (from Ch. 15, par. 421)
    Sec.  9a.   Hearings - transaction used as subterfuge for
discharge.  A certified employee who believes that he or  she
has  been  separated  from  employment  in  the Office of the
Comptroller by a personnel transaction used as  a  subterfuge
for  discharge  may,  within 15 calendar days after the final
decision of the Director of  Personnel  on  the  transaction,
appeal  in  writing to the Commission. The appeal must allege
specific facts which, if  proven,  would  establish  a  prima
facie  case  that  the  employee  was  in  effect  discharged
contrary to and in violation of the requirements of Section 9
of this Act.  Any appeal which fails to allege sufficient and
specific  facts  to  support  the allegation may be summarily
dismissed by the Commission.  The Commission in due  exercise
of  its  discretion may make its decision on the appeal after
an investigation of the allegations or it may order a hearing
held on any disputed issues of fact or law.  In  any  hearing
called  under  the  provisions  of  this section to resolve a
dispute of fact, the employee has the burden of  establishing
by  the introduction of competent evidence a prima facie case
proving  that  the  employee  was  pretextually   discharged.
Nothing  in  this  section  shall  be  construed  to preclude
employees from timely asserting other rights  given  to  them
under this Act.
(Source: P.A. 80-1397.)

    (15 ILCS 410/10) (from Ch. 15, par. 423)
    Sec. 10.  Rules.  The Director of Personnel shall prepare
and  submit  to  the  Merit Commission proposed rules for all
positions and employees subject to this Act.  Such  rules  or
any  part  thereof  shall  have  the force and effect of law.
Copies of all such rules, and of all  changes  therein,  duly
certified by the Director of Personnel, shall be filed in the
Office  of  the  Secretary  of  State.   Except  as otherwise
provided in this Section, rules shall be adopted as  provided
in  the  Illinois  Administrative  Procedure  Act.   After  a
hearing  thereon,  proposed  new  rules  or amendments may be
revised by the Director of Personnel without further  hearing
to  incorporate changes suggested at such public hearing, and
the Director of  Personnel  may  submit  same  to  the  Merit
Commission  with  or without revision.  If proposed new rules
or  amendments  so  submitted  are  not  disapproved  by  the
Commission within 30 calendar  days  after  the  Commission's
receipt  thereof,  they  may  be  filed  by  the  Director of
Personnel in the Office of the Secretary of State, and  shall
thereafter  have  the force and effect of law, subject to the
provisions of the Illinois Administrative Procedure Act.
    The rules and amendments thereto shall include provisions
as specified in Sections 10a through 10e.
(Source: P.A. 87-895.)
    (15 ILCS 410/10a) (from Ch. 15, par. 424)
    Sec. 10a.  Jurisdiction A - classification and pay.   For
positions  in  the  Office of the Comptroller with respect to
the classification and pay:
    (1)  For the preparation, maintenance and revision by the
Director,  subject  to  approval  by  the  Commission,  of  a
position classification plan for  all  positions  subject  to
this   Act,   based  upon  similarity  of  duties  performed,
responsibilities assigned, and conditions  of  employment  so
that the same schedule of pay may be equitably applied to all
positions   in   the  same  class.    Unless  the  Commission
disapproves such classification plan or any revision  thereof
within  30  calendar  days, the Director shall allocate every
such position to  one  of  the  classes  in  the  plan.   Any
employee  affected by the allocation of a position to a class
shall after filing with the Director of Personnel  within  30
calendar days of the allocation a request for reconsideration
thereof   in  such  manner  and  form  as  the  Director  may
prescribe, be given a reasonable opportunity to be  heard  by
the  Director.   If the employee does not accept the decision
of the Director he may, within 15 calendar days after receipt
of the reconsidered decision, appeal to the Merit Commission.
    (2)  For a pay plan to be prepared by  the  Director  for
all employees subject to this Act.  Such pay plan may include
provisions for uniformity of starting pay, an increment plan,
area  differentials,  a  delay  not to exceed one year in the
reduction of the pay of employees whose positions are reduced
in rank or grade by reallocation because of a loss of  duties
or   responsibilities   after   their  appointments  to  such
positions, prevailing rates of wages in those classifications
in which employers are now paying or may hereafter  pay  such
rates  of  wage  and  other  provisions.  Such pay plan shall
become effective only after  it  has  been  approved  by  the
Comptroller.   Amendments to the pay plan will be made in the
same manner.  Such pay plan shall provide that each  employee
shall  be  paid at one of the rates set forth in the pay plan
for the class of position in which he is employed.  Such  pay
plan shall provide for a fair and reasonable compensation for
services rendered.
(Source: P.A. 80-1397.)

    (15 ILCS 410/10b.1) (from Ch. 15, par. 426)
    Sec.   10b.1.    Competitive   examinations.    For  open
competitive examinations to  test  the  relative  fitness  of
applicants  for  the  respective  positions.   Tests shall be
designed  to  eliminate  those  who  are  not  qualified  for
entrance into the Office of the Comptroller and  to  discover
the  relative  fitness  of  those  who  are  qualified.   The
Director  may  use  any  one  of  or  any  combination of the
following examination methods  which  in  his  judgment  best
serves  this  end: investigation of education and experience;
test  of  cultural  knowledge;  test  of  capacity;  test  of
knowledge; test of manual skill; test of linguistic  ability;
test   of   character;   test  of  physical  skill;  test  of
psychological  fitness.   No  person   with   a   record   of
misdemeanor  convictions  except  those  under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18,  11-19,  12-2,  12-6,
12-15,  14-4,  16-1,  21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4,  31-6,  31-7,  32-1,  32-2,  32-3,   32-4,   32-8   and
sub-sections  1, 6 and 8 of Section 24-1 of the Criminal Code
of 1961, or arrested for any cause but not convicted  thereon
shall  be  disqualified  from  taking  such  examinations  or
subsequent  appointment  unless  the  person is attempting to
qualify   for   a   position    which    entails    financial
responsibilities,  in  which  case the person's conviction or
arrest record may be considered as a  factor  in  determining
the  person's  fitness  for  the  position.  All examinations
shall be announced publicly at least 2 weeks  in  advance  of
the  date  of  examinations and may be advertised through the
press, radio or other media.
    The Director may, at his or her  discretion,  accept  the
results  of  competitive  examinations conducted by any merit
system established by Federal law or by the law of any State,
and may compile eligible lists therefrom or may add the names
of successful candidates in examinations conducted  by  those
merit  systems  to existing eligible lists in accordance with
their respective ratings.  No person who is a non-resident of
the State of Illinois may be appointed  from  those  eligible
lists,  however,  unless  the  requirement that applicants be
residents of the State of Illinois is waived by the  Director
of Human Resources Personnel and unless there are less than 3
Illinois   residents   available  for  appointment  from  the
appropriate eligible list.  The results of  the  examinations
conducted  by other merit systems may not be used unless they
are  comparable  in  difficulty  and   comprehensiveness   to
examinations  conducted  by the Department of Human Resources
Personnel for similar positions.  Special linguistic  options
may also be established where deemed appropriate.
(Source: P.A. 83-1067.)

    (15 ILCS 410/10b.6) (from Ch. 15, par. 431)
    Sec.  10b.6.   Period  of  probation.   For  a  period of
probation not to exceed  six  months  before  appointment  or
promotion  is complete, and during which period a probationer
may, with the  consent  of  the  Director  of  Personnel,  be
discharged  or  reduced  in class or rank, or replaced on the
eligible list.
(Source: P.A. 80-1397.)

    (15 ILCS 410/10b.9) (from Ch. 15, par. 434)
    Sec.  10b.9.   Temporary  appointments.   For   temporary
appointments  for  a period not to exceed 6 months out of any

12 month  period  to  any  position  in  the  Office  of  the
Comptroller  determined to be temporary or seasonal in nature
by the Director of personnel.
(Source: P.A. 80-1397.)

    (15 ILCS 410/10b.12) (from Ch. 15, par. 437)
    Sec. 10b.12.  Reinstatements.   For  reinstatements  with
the approval of the Director of Personnel of persons who held
certified  status  under this Code, the "Personnel Code", the
Secretary of State Merit Employment Code, or  the  University
Civil  Service  System  of  Illinois  and  who resign in good
standing or who are laid off.
(Source: P.A. 81-1465.)

    (15 ILCS 410/10b.15) (from Ch. 15, par. 440)
    Sec. 10b.15. Disciplinary actions.  For the imposition as
a disciplinary measure of suspension from the Office  of  the
Comptroller without pay for not longer than 30 calendar days.
Notice  of such disciplinary action shall be given in writing
immediately to the Director of Personnel, who may review  any
such actions.
(Source: P.A. 80-1397.)

    (15 ILCS 410/10b.16) (from Ch. 15, par. 441)
    Sec. 10b.16. Discharge or demotion - hearings - statement
of  reasons.    For hearing before discharge or demotion with
the prior approval of the  Director  of  Personnel  only  for
cause  after appointment is completed, after the person to be
discharged or demoted has been presented in writing with  the
reasons  for  requesting  such  discharge  or  demotion.  The
statement of reasons shall  be  filed  immediately  with  the
Director of Personnel.
(Source: P.A. 80-1397.)
    (15 ILCS 410/10b.17) (from Ch. 15, par. 442)
    Sec. 10b.17.  Trainee programs.  For trainee programs and
for  the  appointment  of  persons  to  positions  in trainee
programs, hereinafter called "trainee appointments".  Trainee
appointments may be made with or without examination, but may
not be made to positions in  any  class  that  is  not  in  a
trainee  program  approved  by  the  Director  of  Personnel.
Persons  who  receive trainee appointments do not acquire any
rights under jurisdiction B of the Merit Employment  Code  by
virtue of their appointments.
(Source: P.A. 80-1397.)

    (15 ILCS 410/10d) (from Ch. 15, par. 444)
    Sec.  10d.   Extension  to  exempt  positions.   For  the
extension   of  all  or  any  of  the  jurisdictions  of  the
Department of Human Resources Personnel to positions exempted
by this Act.
(Source: P.A. 80-1397.)

    (15 ILCS 410/12) (from Ch. 15, par. 447)
    Sec. 12.  Employees of the Office of  the  Comptroller  -
election  to  public  office - leave of absence - re-entry of
service.  Any person holding a position in the Office of  the
Comptroller,  who  is  elected  to public office, shall, upon
request, be granted a leave of  absence,  without  pay,  from
such  position.   The leave of absence shall continue so long
as he remains an elected officer  and  for  a  period  of  30
calendar days thereafter.
    If  such person files a written request with the Director
of Personnel to re-enter active service with  the  Office  of
the  Comptroller  within  such  30  day  period  he  shall be
reinstated to his former position or a position of comparable
duties, responsibilities and pay.
(Source: P.A. 80-1397.)
    (15 ILCS 410/14) (from Ch. 15, par. 449)
    Sec. 14. Records of the  Department  of  Human  Resources
Personnel.  The records of the Department, including eligible
registers,  except  such  records  as  the rules may properly
require to be held confidential for reasons of public policy,
shall  be  public  records  and  shall  be  open  to   public
inspection,  subject to reasonable regulations as to the time
and manner of inspection  which  may  be  prescribed  by  the
(Source: P.A. 80-1397.)

    Section  10.  The Comptroller's Records Act is amended by
changing Sections 1, 3, 4, and 5 as follows:

    (15 ILCS 415/1) (from Ch. 15, par. 25)
    Sec. 1. Comptroller may destroy records. After  obtaining
the  approval  of  the  State  Records  Commission, the State
Comptroller may destroy any records made  and  kept  by  him.
When applying to the State Records Commission for approval to
destroy  any  records,  the  Comptroller  shall accompany his
request with a list and a brief description of the records to
be destroyed. A copy of  this  list  shall  be  sent  to  the
Secretary  of  State  before  any  records are destroyed. The
Secretary of State  shall  examine  this  list  to  determine
whether  any of the records which the Comptroller proposes to
destroy are of unusual historic value. If  the  Secretary  of
State  determines  that  any  of  the  records are of unusual
historic value,  he  shall  inform  the  Comptroller  of  his
determination,  and the Comptroller shall deposit such record
in the State Archives rather than destroy them.
    Warrants and vouchers shall be  retained  by  Comptroller
for  at  least  3  5  years  after  the  date thereof and may
thereafter be destroyed, but warrants must be  reproduced  as
required by Section 3 before being destroyed.
(Source: P.A. 85-621.)

    (15 ILCS 415/3) (from Ch. 15, par. 27)
    Sec.  3. Records to be photographed or reproduced on film
or in any electronic media. The State  Comptroller  may  have
any   records  kept  by  him  photographed,  microfilmed,  or
otherwise reproduced on film or in any electronic media prior
to destruction; provided, that prior to  the  destruction  of
any  warrants,  the  Comptroller  shall  have  those warrants
photographed, microfilmed or otherwise reproduced on film  or
in any electronic media, in 2 copies.
    Reproductions  shall be placed in conveniently accessible
files and and provisions made for preserving,  examining  and
using them.
(Source: P.A. 79-139.)

    (15 ILCS 415/4) (from Ch. 15, par. 28)
    Sec.   4.   Specifications.  Such  photographic  film  or
electronic media retention  shall  comply  with  the  minimum
standards   of   quality   approved   for   permanent  record
photographic  microcopying  film   by   the   State   Records
Commission,  and the device used to reproduce records on such
film shall be one which accurately  reproduces  the  original
thereof in all details.
(Source: L. 1959, p. 125.)

    (15 ILCS 415/5) (from Ch. 15, par. 29)
    Sec.  5.  Archival  copies Film as original records. Such
photographs,  microfilms  and  reproductions   on   film   or
electronic  media  shall  be  deemed  original  warrants  and
records, for all purposes, including introduction in evidence
in  all  courts  or  administrative  agencies.  A transcript,
exemplification or  certified  copy  thereof  shall  for  all
purposes  recited  herein  be  deemed  to  be  a  transcript,
exemplification or certified copy of the original.
(Source: L. 1963, p. 1464.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
           Statutes amended in order of appearance
15 ILCS 410/3             from Ch. 15, par. 403
15 ILCS 410/4             from Ch. 15, par. 404
15 ILCS 410/6             from Ch. 15, par. 409
15 ILCS 410/6a            from Ch. 15, par. 410
15 ILCS 410/8c            from Ch. 15, par. 419
15 ILCS 410/9             from Ch. 15, par. 420
15 ILCS 410/9a            from Ch. 15, par. 421
15 ILCS 410/10            from Ch. 15, par. 423
15 ILCS 410/10a           from Ch. 15, par. 424
15 ILCS 410/10b.1         from Ch. 15, par. 426
15 ILCS 410/10b.6         from Ch. 15, par. 431
15 ILCS 410/10b.9         from Ch. 15, par. 434
15 ILCS 410/10b.12        from Ch. 15, par. 437
15 ILCS 410/10b.15        from Ch. 15, par. 440
15 ILCS 410/10b.16        from Ch. 15, par. 441
15 ILCS 410/10b.17        from Ch. 15, par. 442
15 ILCS 410/10d           from Ch. 15, par. 444
15 ILCS 410/12            from Ch. 15, par. 447
15 ILCS 410/14            from Ch. 15, par. 449
15 ILCS 415/1             from Ch. 15, par. 25
15 ILCS 415/3             from Ch. 15, par. 27
15 ILCS 415/4             from Ch. 15, par. 28
15 ILCS 415/5             from Ch. 15, par. 29

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