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.