Public Act 90-0422 of the 90th General Assembly
Public Act 90-0422
SB954 Enrolled LRB9003304NTsb
AN ACT concerning the Secretary of State, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Secretary of State Merit Employment Code
is amended by changing Sections 3, 4, 6a, 7, 7a, 7b, 7c, and
8c as follows:
(15 ILCS 310/3) (from Ch. 124, par. 103)
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:
"Board". The Merit Advisory Board created by this Act.
"Commission". The Merit Commission created by this Act.
"Department". Department of Personnel-Secretary of State.
"Director". Director of the Department of
Personnel-Secretary of State.
(Source: P.A. 80-13.)
(15 ILCS 310/4) (from Ch. 124, par. 104)
Sec. 4. Organization. There is created in the Office of
the Secretary of State:
(a) a Department of Personnel, headed by a Director,
which shall be a division of the Office of the Secretary of
State with primary responsibility for personnel transactions;
and
(b) a Merit Advisory Board; and
(b) (c) a Merit Commission.
(Source: P.A. 80-13.)
(15 ILCS 310/6a) (from Ch. 124, par. 106a)
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, 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 service 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
Advisory Board, the Commission and the Secretary of State.
(8) To make such reports as he may consider desirable,
to the Advisory Board, the Commission and the Secretary of
State, or as the Secretary of State or, Commission or
Advisory Board 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
law.
(Source: P.A. 82-789.)
(15 ILCS 310/7) (from Ch. 124, par. 107)
Sec. 7. Merit Advisory Board. There shall be a Merit
Advisory Board to the Department of Personnel of 5 members,
to be appointed by the Secretary of State, who are proficient
in the field of personnel administration as a result of
training or experience. Not more than 3 members may be
affiliated with the same political party.
This Section is repealed on July 1, 1997.
(Source: P.A. 80-13.)
(15 ILCS 310/7a) (from Ch. 124, par. 107a)
Sec. 7a. Terms - compensation. Members of the Merit
Advisory Board shall initially be appointed as follows:
(1) Two members to serve until the 3rd Monday of
January, 1979, and until their respective successors are
appointed; and
(2) Three members to serve until the 3rd Monday of
January, 1981, and until their respective successors are
appointed.
As terms of members so appointed expire, their successors
shall be appointed for terms to expire the 3rd Monday in
January 4 years thereafter, or until their respective
successors are appointed.
One member of the Board shall be appointed a chairman by
the Secretary of State for a two-year term. The Secretary of
State may appoint the chairman for consecutive terms.
The Secretary of State may fill vacancies on the Board.
Members of the Board shall receive no compensation for
their services, but shall be reimbursed for necessary
traveling and other official expenses.
This Section is repealed on July 1, 1997.
(Source: P.A. 80-13.)
(15 ILCS 310/7b) (from Ch. 124, par. 107b)
Sec. 7b. Meetings. Meetings of the Merit Advisory Board
shall be held at least 4 times a year on call of the
chairman, or upon call signed by any 3 members, or upon call
by the Director of Personnel. Three members of the Board
constitute a quorum.
This Section is repealed on July 1, 1997.
(Source: P.A. 80-13.)
(15 ILCS 310/7c) (from Ch. 124, par. 107c)
Sec. 7c. Powers. In addition to the duties imposed
elsewhere in this Act, the Merit Commission Advisory Board
may:
(1) advise the Secretary of State and the Director of
Personnel on problems concerning personnel administration.
(2) Obtain from the Director of the Department of
Personnel and from the Merit Commission such reports as it
may consider desirable.
(3) Foster the interest of institutions of learning and
of industrial, civic, professional and employee organizations
in the improvement of personnel standards in the Office of
the Secretary of State.
(Source: P.A. 80-13.)
(15 ILCS 310/8c) (from Ch. 124, par. 108c)
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. No position which has the
powers of a law enforcement officer, except executive
security officers, may be exempted under this section.
(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
Director.
(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) (Blank). To furnish reports requested by the Merit
Advisory Board.
(8) To make an annual report regarding the work of the
Commission to the Secretary of State, such report to be a
public record.
(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(10) 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.
(11) To promulgate rules and regulations necessary to
carry out and implement their powers and duties under this
Act, with authority to amend such rules from time to time
pursuant to The Illinois Administrative Procedure Act.
(12) Within one year of the effective date of this
amendatory Act of 1985, the Commission shall adopt rules and
regulations which shall include all Commission policies
implementing its duties under Sections 8, 9, 10 and 15 of
this Act. These rules and regulations shall include, but not
be limited to, the standards and criteria used by the
Commission and Hearing Officers in making discretionary
determinations during hearing procedures.
(13) To hear or conduct investigations as it deems
necessary of appeals of layoff filed by employees appointed
under Jurisdiction B after examination, provided that such
appeals are filed within 15 calendar days following the
effective date of such layoff and are made on the basis that
the provisions of the Secretary of State Merit Employment
Code or the rules promulgated thereunder have been violated
or have not been complied with. All hearings shall be public.
A decision shall be rendered within 60 days after receipt of
the transcript of the proceedings. The Commission shall
order the reinstatement of the employee if it is proven that
the provisions of the Secretary of State Merit Employment
Code or the rules promulgated thereunder have been violated
or have not been complied with. In connection therewith the
Commission may administer oaths, subpoena witnesses, and
compel the production of books and papers.
(Source: P.A. 84-793.)
Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-104 and 6-514 as follows:
(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
Sec. 3-104. Application for certificate of title.
(a) The application for a certificate of title for a
vehicle in this State must be made by the owner to the
Secretary of State on the form prescribed and must contain:
1. The name, residence and mail address of the
owner;
2. A description of the vehicle including, so far
as the following data exists: Its make, year-model,
identifying number, type of body, whether new or used, as
to house trailers as defined in Section 1-128 of this
Code, the square footage of the house trailer based upon
the outside dimensions of the house trailer excluding the
length of the tongue and hitch, and, as to vehicles of
the second division, whether for-hire, not-for-hire, or
both for-hire and not-for-hire;
3. The date of purchase by applicant and, if
applicable, the name and address of the person from whom
the vehicle was acquired and the names and addresses of
any lienholders in the order of their priority and
signatures of owners;
4. The current odometer reading at the time of
transfer and that the stated odometer reading is one of
the following: actual mileage, not the actual mileage or
mileage is in excess of its mechanical limits; and
5. Any further information the Secretary of State
reasonably requires to identify the vehicle and to enable
him to determine whether the owner is entitled to a
certificate of title and the existence or nonexistence of
security interests in the vehicle.
(b) If the application refers to a vehicle purchased
from a dealer, it must also be signed by the dealer as well
as the owner, and the dealer must promptly mail or deliver
the application and required documents to the Secretary of
State.
(c) If the application refers to a vehicle last
previously registered in another State or country, the
application must contain or be accompanied by:
1. Any certified document of ownership so
recognized and issued by the other State or country and
acceptable to the Secretary of State, and
2. Any other information and documents the
Secretary of State reasonably requires to establish the
ownership of the vehicle and the existence or
nonexistence of security interests in it.
(d) If the application refers to a new vehicle it must
be accompanied by the Manufacturer's Statement of Origin, or
other documents as required and acceptable by the Secretary
of State, with such assignments as may be necessary to show
title in the applicant.
(e) If an application refers to a vehicle rebuilt from a
vehicle previously salvaged, that application shall comply
with the provisions set forth in Sections 3-302 through 3-304
of this Code.
(f) An application for a certificate of title for any
vehicle, whether purchased in Illinois or outside Illinois,
and even if previously registered in another State, must be
accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to
the Use Tax Act or the vehicle use tax imposed by Section
3-1001 of the Illinois Vehicle Code is owed by anyone with
respect to that vehicle, or a receipt from the Department of
Revenue showing that any tax so imposed has been paid. An
application for a certificate of title for any vehicle
purchased outside Illinois, even if previously registered in
another state, must be accompanied by either an exemption
determination from the Department of Revenue showing that no
tax imposed pursuant to the Municipal Use Tax Act or the
County Use Tax Act is owed by anyone with respect to that
vehicle, or a receipt from the Department of Revenue showing
that any tax so imposed has been paid. In the absence of
such a receipt for payment or determination of exemption from
the Department, no certificate of title shall be issued to
the applicant.
If the proof of payment of the tax or of nonliability
therefor is, after the issuance of the certificate of title
and display certificate of title, found to be invalid, the
Secretary of State shall revoke the certificate and require
that the certificate of title and, when applicable, the
display certificate of title be returned to him.
(g) If the application refers to a vehicle not
manufactured in accordance with federal safety and emission
standards, the application must be accompanied by all
documents required by federal governmental agencies to meet
their standards before a vehicle is allowed to be issued
title and registration.
(h) If the application refers to a vehicle sold at
public sale by a sheriff, it must be accompanied by the
required fee and a bill of sale issued and signed by a
sheriff. The bill of sale must identify the new owner's name
and address, the year model, make and vehicle identification
number of the vehicle, court order document number
authorizing such sale, if applicable, and the name and
address of any lienholders in order of priority, if
applicable.
(i) If the application refers to a vehicle for which a
court of law determined the ownership, it must be accompanied
with a certified copy of such court order and the required
fee. The court order must indicate the new owner's name and
address, the complete description of the vehicle, if known,
the name and address of the lienholder, if any, and must be
signed and dated by the judge issuing such order.
(j) If the application refers to a vehicle sold at
public auction pursuant to the Labor and Storage Lien (Small
Amount) Act, it must be accompanied by an affidavit or
affirmation furnished by the Secretary of State along with
the documents described in the affidavit or affirmation and
the required fee.
(Source: P.A. 87-206; 88-45.)
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
Sec. 6-514. Commercial Driver's License (CDL) -
Disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a
test or tests to determine the driver's blood
concentration of alcohol, other drug, or both, while
driving a commercial motor vehicle; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath or
urine is at least 0.04, or any amount of a drug,
substance, or compound in the person's blood or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled
Substances Act as indicated by a police officer's sworn
report or other verified evidence; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle while
under the influence of alcohol, or any other drug,
or combination of drugs to a degree which renders
such person incapable of safely driving; or
(ii) Knowingly and wilfully leaving the scene
of an accident while operating a commercial motor
vehicle; or
(iii) Driving a commercial motor vehicle while
committing any felony.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period
of not less than 3 years.
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life who uses a commercial motor vehicle in
the commission of any felony involving the manufacture,
distribution, or dispensing of a controlled substance, or
possession with intent to manufacture, distribute or dispense
a controlled substance.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may
be reduced to a period of not less than 10 years. If a
reinstated driver is subsequently convicted of another
disqualifying offense, as specified in subsection (a) of this
Section, he or she shall be permanently disqualified for life
and shall be ineligible to again apply for a reduction of the
lifetime disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, arising from separate incidents,
occurring within a 3 year period. However, a person will be
disqualified from driving a commercial motor vehicle for a
period of not less than 4 months if convicted of 3 serious
traffic violations, committed in a commercial motor vehicle,
arising from separate incidents, occurring within a 3 year
period.
(f) Notwithstanding any other provision of this Code,
any driver disqualified from operating a commercial motor
vehicle, pursuant to this UCDLA, shall not be eligible for
restoration of commercial driving privileges during any such
period of disqualification.
(g) After suspending, revoking, or cancelling a
commercial driver's license, the Secretary of State must
update the driver's records to reflect such action within 10
days. After suspending or revoking the driving privilege of
any person who has been issued a CDL or commercial driver
instruction permit from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle
driver, by the Secretary of State, unless the prohibited
action(s) occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of
paragraph (2) of subsection (b) of Section 6-507 of this
Code.
(2) For one year upon a second conviction of
paragraph (2) of subsection (b) of Section 6-507 of this
Code within a 10-year period.
(3) For 3 years upon a third or subsequent
conviction of paragraph (2) of subsection (b) of Section
6-507 of this Code within a 10-year period.
(4) For one year upon a first conviction of
paragraph (3) of subsection (b) of Section 6-507 of this
Code.
(5) For 3 years upon a second conviction of
paragraph (3) of subsection (b) of Section 6-507 of this
Code within a 10-year period.
(6) For 5 years upon a third or subsequent
conviction of paragraph (3) of subsection (b) of Section
6-507 of this Code within a 10-year period.
(Source: P.A. 88-212; 89-245, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect on
July 1, 1997, except that the provisions changing Section
6-514 of the Illinois Vehicle Code take effect January 1,
1998, and this Section and the provisions changing Section
3-104 of the Illinois Vehicle Code take effect upon becoming
law.