Bill Text: IL HB5408 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the State Universities Civil Service Act. Provides that the Merit Board shall have the power and duty to establish minimum requirements (currently, recommend) to the institutions and agencies relating to the public universities in the State, standards for hours of work, holidays, sick leave, overtime compensation and vacation for the purpose of improving conditions of employment covered therein and for the purpose of insuring conformity with the prevailing rate principle. Provides that the Executive Director of the Merit Board is authorized to accept the appointment of each Designated Employer Representative appointed by the institutions and agencies relating to the public universities in the State. Provides that the employer (currently, the Executive Director of the Merit Board) shall certify the names and addresses on the register for employment positions. Provides that officers and employees who work for the institutions and agencies relating to the public universities in the State days shall have Juneteenth National Freedom Day as a holiday. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1075 [HB5408 Detail]

Download: Illinois-2021-HB5408-Enrolled.html

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

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

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

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

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

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

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

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