Sen. Linda Holmes

Filed: 3/30/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2228

2    AMENDMENT NO. ______. Amend Senate Bill 2228 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Central Management Services
5Law of the Civil Administrative Code of Illinois is amended by
6changing Section 405-122 as follows:
 
7    (20 ILCS 405/405-122)
8    Sec. 405-122. Employees with a disability. The Department,
9in cooperation with the Department of Human Services, the
10Department of Employment Security, and other agencies of State
11government shall develop and implement programs to increase
12the number of qualified employees with disabilities working in
13the State. The programs shall include provisions to increase
14the number of people with a disability hired for positions
15with specific job titles for which they have been assessed and
16met the qualifications awarded a passing grade. The Department

 

 

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1shall conduct an annual presentation regarding the programs
2created under this Section, and each State agency shall
3designate one or more persons with hiring responsibilities to
4attend the presentation. The Department and the Department of
5Human Services must submit a report, annually, to the Governor
6and the General Assembly concerning their actions under this
7Section.
8(Source: P.A. 101-540, eff. 8-23-19.)
 
9    Section 10. The Personnel Code is amended by changing
10Sections 4b, 4c, 4d, 8b, 8b.1, 8b.2, 8b.3, 8b.4, 8b.5, 8b.6,
118b.7, 8b.8, 8b.9, 8b.10, 8b.14, 8b.17, 8b.18, 8b.19, 9, 10,
1212f, 13, 14, 17a, and 17b as follows:
 
13    (20 ILCS 415/4b)  (from Ch. 127, par. 63b104b)
14    Sec. 4b. Extension of jurisdiction. Any or all of the
15three forms of jurisdiction of the Department may be extended
16to the positions not initially covered by this Act under a
17department, board, commission, institution, or other
18independent agency in the executive, legislative, or judicial
19branch of State government, or to a major administrative
20division, service, or office thereof by the following process:
21    (1) The officer or officers legally charged with control
22over the appointments to positions in a department, board,
23commission, institution, or other independent agency in the
24executive, legislative, or judicial branch of State

 

 

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1government, or to a major administrative division, service, or
2office thereof, may request in writing to the Governor the
3extension of any or all of the three forms of jurisdiction of
4the Department to such named group of positions.
5    (2) The Governor, if he concurs with the request, may
6forward the request to the Director of Central Management
7Services.
8    (3) The Director shall survey the practicability of the
9requested extension of the jurisdiction or jurisdictions of
10the Department, approve or disapprove same, and notify the
11Civil Service Commission of his decision. If he should approve
12the request he shall provide notice of submit rules to
13accomplish such extension to the Civil Service Commission.
14    (4) Such an extension of jurisdiction of the Department of
15Central Management Services may be terminated by the same
16process of amendment to the rules at any time after four years
17from its original effective date.
18    (5) Employees in positions to which jurisdiction B is
19extended pursuant to this section shall be continued in their
20respective positions provided that they are deemed qualified
21pass a qualifying examination prescribed by the Director
22within 6 months after such jurisdiction is extended to such
23positions, and provided they satisfactorily complete their
24respective probationary periods. Such qualifying examinations
25shall be of the same kind as those required for entrance
26examinations for comparable positions. Appointments of such

 

 

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1employees shall be without regard to eligible lists and
2without regard to the provisions of this Code requiring the
3appointment of the person standing among the three highest on
4the appropriate eligible list to fill a vacancy or from the
5highest category ranking group if the list is by rankings
6instead of numerical ratings. Nothing herein shall preclude
7the reclassification or reallocation as provided by this Act
8of any position held by any such incumbent. The Department
9shall maintain records of all extensions of jurisdiction
10pursuant to this Section.
11(Source: P.A. 82-789.)
 
12    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
13    Sec. 4c. General exemptions. The following positions in
14State service shall be exempt from jurisdictions A, B, and C,
15unless the jurisdictions shall be extended as provided in this
16Act:
17        (1) All officers elected by the people.
18        (2) All positions under the Lieutenant Governor,
19    Secretary of State, State Treasurer, State Comptroller,
20    State Board of Education, Clerk of the Supreme Court,
21    Attorney General, and State Board of Elections.
22        (3) Judges, and officers and employees of the courts,
23    and notaries public.
24        (4) All officers and employees of the Illinois General
25    Assembly, all employees of legislative commissions, all

 

 

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1    officers and employees of the Illinois Legislative
2    Reference Bureau and the Legislative Printing Unit.
3        (5) All positions in the Illinois National Guard and
4    Illinois State Guard, paid from federal funds or positions
5    in the State Military Service filled by enlistment and
6    paid from State funds.
7        (6) All employees of the Governor at the executive
8    mansion and on his immediate personal staff.
9        (7) Directors of Departments, the Adjutant General,
10    the Assistant Adjutant General, the Director of the
11    Illinois Emergency Management Agency, members of boards
12    and commissions, and all other positions appointed by the
13    Governor by and with the consent of the Senate.
14        (8) The presidents, other principal administrative
15    officers, and teaching, research and extension faculties
16    of Chicago State University, Eastern Illinois University,
17    Governors State University, Illinois State University,
18    Northeastern Illinois University, Northern Illinois
19    University, Western Illinois University, the Illinois
20    Community College Board, Southern Illinois University,
21    Illinois Board of Higher Education, University of
22    Illinois, State Universities Civil Service System,
23    University Retirement System of Illinois, and the
24    administrative officers and scientific and technical staff
25    of the Illinois State Museum.
26        (9) All other employees except the presidents, other

 

 

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1    principal administrative officers, and teaching, research
2    and extension faculties of the universities under the
3    jurisdiction of the Board of Regents and the colleges and
4    universities under the jurisdiction of the Board of
5    Governors of State Colleges and Universities, Illinois
6    Community College Board, Southern Illinois University,
7    Illinois Board of Higher Education, Board of Governors of
8    State Colleges and Universities, the Board of Regents,
9    University of Illinois, State Universities Civil Service
10    System, University Retirement System of Illinois, so long
11    as these are subject to the provisions of the State
12    Universities Civil Service Act.
13        (10) The Illinois State Police so long as they are
14    subject to the merit provisions of the Illinois State
15    Police Act. Employees of the Illinois State Police Merit
16    Board are subject to the provisions of this Code.
17        (11) (Blank).
18        (12) The technical and engineering staffs of the
19    Department of Transportation, the Division Department of
20    Nuclear Safety at the Illinois Emergency Management
21    Agency, the Pollution Control Board, and the Illinois
22    Commerce Commission, and the technical and engineering
23    staff providing architectural and engineering services in
24    the Department of Central Management Services.
25        (13) All employees of the Illinois State Toll Highway
26    Authority.

 

 

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1        (14) The Secretary of the Illinois Workers'
2    Compensation Commission.
3        (15) All persons who are appointed or employed by the
4    Director of Insurance under authority of Section 202 of
5    the Illinois Insurance Code to assist the Director of
6    Insurance in discharging his responsibilities relating to
7    the rehabilitation, liquidation, conservation, and
8    dissolution of companies that are subject to the
9    jurisdiction of the Illinois Insurance Code.
10        (16) All employees of the St. Louis Metropolitan Area
11    Airport Authority.
12        (17) All investment officers employed by the Illinois
13    State Board of Investment.
14        (18) Employees of the Illinois Young Adult
15    Conservation Corps program, administered by the Illinois
16    Department of Natural Resources, authorized grantee under
17    Title VIII of the Comprehensive Employment and Training
18    Act of 1973, 29 U.S.C. 993.
19        (19) Seasonal employees of the Department of
20    Agriculture for the operation of the Illinois State Fair
21    and the DuQuoin State Fair, no one person receiving more
22    than 29 days of such employment in any calendar year.
23        (20) All "temporary" employees hired under the
24    Department of Natural Resources' Illinois Conservation
25    Service, a youth employment program that hires young
26    people to work in State parks for a period of one year or

 

 

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1    less.
2        (21) All hearing officers of the Human Rights
3    Commission.
4        (22) All employees of the Illinois Mathematics and
5    Science Academy.
6        (23) All employees of the Kankakee River Valley Area
7    Airport Authority.
8        (24) The commissioners and employees of the Executive
9    Ethics Commission.
10        (25) The Executive Inspectors General, including
11    special Executive Inspectors General, and employees of
12    each Office of an Executive Inspector General.
13        (26) The commissioners and employees of the
14    Legislative Ethics Commission.
15        (27) The Legislative Inspector General, including
16    special Legislative Inspectors General, and employees of
17    the Office of the Legislative Inspector General.
18        (28) The Auditor General's Inspector General and
19    employees of the Office of the Auditor General's Inspector
20    General.
21        (29) All employees of the Illinois Power Agency.
22        (30) Employees having demonstrable, defined advanced
23    skills in accounting, financial reporting, or technical
24    expertise who are employed within executive branch
25    agencies and whose duties are directly related to the
26    submission to the Office of the Comptroller of financial

 

 

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1    information for the publication of the annual
2    comprehensive financial report.
3        (31) All employees of the Illinois Sentencing Policy
4    Advisory Council.
5(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
6102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff.
75-13-22.)
 
8    (20 ILCS 415/4d)  (from Ch. 127, par. 63b104d)
9    Sec. 4d. Partial exemptions. The following positions in
10State service are exempt from jurisdictions A, B, and C to the
11extent stated for each, unless those jurisdictions are
12extended as provided in this Act:
13        (1) In each department, board or commission that now
14    maintains or may hereafter maintain a major administrative
15    division, service or office in both Sangamon County and
16    Cook County, 2 private secretaries for the director or
17    chairman thereof, one located in the Cook County office
18    and the other located in the Sangamon County office, shall
19    be exempt from jurisdiction B; in all other departments,
20    boards and commissions one private secretary for the
21    director or chairman thereof shall be exempt from
22    jurisdiction B. In all departments, boards and commissions
23    one confidential assistant for the director or chairman
24    thereof shall be exempt from jurisdiction B. This
25    paragraph is subject to such modifications or waiver of

 

 

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1    the exemptions as may be necessary to assure the
2    continuity of federal contributions in those agencies
3    supported in whole or in part by federal funds.
4        (2) The resident administrative head of each State
5    charitable, penal and correctional institution, the
6    chaplains thereof, and all member, patient and inmate
7    employees are exempt from jurisdiction B.
8        (3) The Civil Service Commission, upon written
9    recommendation of the Director of Central Management
10    Services, shall exempt from jurisdiction B other positions
11    which, in the judgment of the Commission, involve either
12    principal administrative responsibility for the
13    determination of policy or principal administrative
14    responsibility for the way in which policies are carried
15    out, except positions in agencies which receive federal
16    funds if such exemption is inconsistent with federal
17    requirements, and except positions in agencies supported
18    in whole by federal funds.
19        (4) All individuals in positions paid in accordance
20    with prevailing wage laws, as well as beauticians and
21    teachers of beauty culture and teachers of barbering, and
22    all positions heretofore paid under Section 1.22 of "An
23    Act to standardize position titles and salary rates",
24    approved June 30, 1943, as amended, shall be exempt from
25    jurisdiction B.
26        (5) Licensed attorneys in positions as legal or

 

 

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1    technical advisors; positions in the Department of Natural
2    Resources requiring incumbents to be either a registered
3    professional engineer or to hold a bachelor's degree in
4    engineering from a recognized college or university;
5    licensed physicians in positions of medical administrator
6    or physician or physician specialist (including
7    psychiatrists); all positions within the Department of
8    Juvenile Justice requiring licensure by the State Board of
9    Education under Article 21B of the School Code; all
10    positions within the Illinois School for the Deaf and the
11    Illinois School for the Visually Impaired requiring
12    licensure by the State Board of Education under Article
13    21B of the School Code and all rehabilitation/mobility
14    instructors and rehabilitation/mobility instructor
15    trainees at the Illinois School for the Visually Impaired;
16    and registered nurses (except those registered nurses
17    employed by the Department of Public Health); except those
18    in positions in agencies which receive federal funds if
19    such exemption is inconsistent with federal requirements
20    and except those in positions in agencies supported in
21    whole by federal funds, are exempt from jurisdiction B
22    only to the extent that the requirements of Section 8b.1,
23    8b.3 and 8b.5 of this Code need not be met.
24        (6) All positions established outside the geographical
25    limits of the State of Illinois to which appointments of
26    other than Illinois citizens may be made are exempt from

 

 

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1    jurisdiction B.
2        (7) Staff attorneys reporting directly to individual
3    Commissioners of the Illinois Workers' Compensation
4    Commission are exempt from jurisdiction B.
5        (8) (Blank). Twenty-one senior public service
6    administrator positions within the Department of
7    Healthcare and Family Services, as set forth in this
8    paragraph (8), requiring the specific knowledge of
9    healthcare administration, healthcare finance, healthcare
10    data analytics, or information technology described are
11    exempt from jurisdiction B only to the extent that the
12    requirements of Sections 8b.1, 8b.3, and 8b.5 of this Code
13    need not be met. The General Assembly finds that these
14    positions are all senior policy makers and have
15    spokesperson authority for the Director of the Department
16    of Healthcare and Family Services. When filling positions
17    so designated, the Director of Healthcare and Family
18    Services shall cause a position description to be
19    published which allots points to various qualifications
20    desired. After scoring qualified applications, the
21    Director shall add Veteran's Preference points as
22    enumerated in Section 8b.7 of this Code. The following are
23    the minimum qualifications for the senior public service
24    administrator positions provided for in this paragraph
25    (8):
26            (A) HEALTHCARE ADMINISTRATION.

 

 

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1                Medical Director: Licensed Medical Doctor in
2            good standing; experience in healthcare payment
3            systems, pay for performance initiatives, medical
4            necessity criteria or federal or State quality
5            improvement programs; preferred experience serving
6            Medicaid patients or experience in population
7            health programs with a large provider, health
8            insurer, government agency, or research
9            institution.
10                Chief, Bureau of Quality Management: Advanced
11            degree in health policy or health professional
12            field preferred; at least 3 years experience in
13            implementing or managing healthcare quality
14            improvement initiatives in a clinical setting.
15                Quality Management Bureau: Manager, Care
16            Coordination/Managed Care Quality: Clinical degree
17            or advanced degree in relevant field required;
18            experience in the field of managed care quality
19            improvement, with knowledge of HEDIS measurements,
20            coding, and related data definitions.
21                Quality Management Bureau: Manager, Primary
22            Care Provider Quality and Practice Development:
23            Clinical degree or advanced degree in relevant
24            field required; experience in practice
25            administration in the primary care setting with a
26            provider or a provider association or an

 

 

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1            accrediting body; knowledge of practice standards
2            for medical homes and best evidence based
3            standards of care for primary care.
4                Director of Care Coordination Contracts and
5            Compliance: Bachelor's degree required; multi-year
6            experience in negotiating managed care contracts,
7            preferably on behalf of a payer; experience with
8            health care contract compliance.
9                Manager, Long Term Care Policy: Bachelor's
10            degree required; social work, gerontology, or
11            social service degree preferred; knowledge of
12            Olmstead and other relevant court decisions
13            required; experience working with diverse long
14            term care populations and service systems, federal
15            initiatives to create long term care community
16            options, and home and community-based waiver
17            services required. The General Assembly finds that
18            this position is necessary for the timely and
19            effective implementation of this amendatory Act of
20            the 97th General Assembly.
21                Manager, Behavioral Health Programs: Clinical
22            license or advanced degree required, preferably in
23            psychology, social work, or relevant field;
24            knowledge of medical necessity criteria and
25            governmental policies and regulations governing
26            the provision of mental health services to

 

 

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1            Medicaid populations, including children and
2            adults, in community and institutional settings of
3            care. The General Assembly finds that this
4            position is necessary for the timely and effective
5            implementation of this amendatory Act of the 97th
6            General Assembly.
7                Manager, Office of Accountable Care Entity
8            Development: Bachelor's degree required, clinical
9            degree or advanced degree in relevant field
10            preferred; experience in developing integrated
11            delivery systems, including knowledge of health
12            homes and evidence-based standards of care
13            delivery; multi-year experience in health care or
14            public health management; knowledge of federal ACO
15            or other similar delivery system requirements and
16            strategies for improving health care delivery.
17                Manager of Federal Regulatory Compliance:
18            Bachelor's degree required, advanced degree
19            preferred, in healthcare management or relevant
20            field; experience in healthcare administration or
21            Medicaid State Plan amendments preferred;
22            experience interpreting federal rules; experience
23            with either federal health care agency or with a
24            State agency in working with federal regulations.
25                Manager, Office of Medical Project Management:
26            Bachelor's degree required, project management

 

 

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1            certification preferred; multi-year experience in
2            project management and developing business analyst
3            skills; leadership skills to manage multiple and
4            complex projects.
5                Manager of Medicare/Medicaid Coordination:
6            Bachelor's degree required, knowledge and
7            experience with Medicare Advantage rules and
8            regulations, knowledge of Medicaid laws and
9            policies; experience with contract drafting
10            preferred.
11                Chief, Bureau of Eligibility Integrity:
12            Bachelor's degree required, advanced degree in
13            public administration or business administration
14            preferred; experience equivalent to 4 years of
15            administration in a public or business
16            organization required; experience with managing
17            contract compliance required; knowledge of
18            Medicaid eligibility laws and policy preferred;
19            supervisory experience preferred. The General
20            Assembly finds that this position is necessary for
21            the timely and effective implementation of this
22            amendatory Act of the 97th General Assembly.
23            (B) HEALTHCARE FINANCE.
24                Director of Care Coordination Rate and
25            Finance: MBA, CPA, or Actuarial degree required;
26            experience in managed care rate setting,

 

 

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1            including, but not limited to, baseline costs and
2            growth trends; knowledge and experience with
3            Medical Loss Ratio standards and measurements.
4                Director of Encounter Data Program: Bachelor's
5            degree required, advanced degree preferred,
6            preferably in health care, business, or
7            information systems; at least 2 years healthcare
8            or other similar data reporting experience,
9            including, but not limited to, data definitions,
10            submission, and editing; background in HIPAA
11            transactions relevant to encounter data
12            submission; experience with large provider, health
13            insurer, government agency, or research
14            institution or other knowledge of healthcare
15            claims systems.
16                Manager of Medical Finance, Division of
17            Finance: Requires relevant advanced degree or
18            certification in relevant field, such as Certified
19            Public Accountant; coursework in business or
20            public administration, accounting, finance, data
21            analysis, or statistics preferred; experience in
22            control systems and GAAP; financial management
23            experience in a healthcare or government entity
24            utilizing Medicaid funding.
25            (C) HEALTHCARE DATA ANALYTICS.
26                Data Quality Assurance Manager: Bachelor's

 

 

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1            degree required, advanced degree preferred,
2            preferably in business, information systems, or
3            epidemiology; at least 3 years of extensive
4            healthcare data reporting experience with a large
5            provider, health insurer, government agency, or
6            research institution; previous data quality
7            assurance role or formal data quality assurance
8            training.
9                Data Analytics Unit Manager: Bachelor's degree
10            required, advanced degree preferred, in
11            information systems, applied mathematics, or
12            another field with a strong analytics component;
13            extensive healthcare data reporting experience
14            with a large provider, health insurer, government
15            agency, or research institution; experience as a
16            business analyst interfacing between business and
17            information technology departments; in-depth
18            knowledge of health insurance coding and evolving
19            healthcare quality metrics; working knowledge of
20            SQL and/or SAS.
21                Data Analytics Platform Manager: Bachelor's
22            degree required, advanced degree preferred,
23            preferably in business or information systems;
24            extensive healthcare data reporting experience
25            with a large provider, health insurer, government
26            agency, or research institution; previous

 

 

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1            experience working on a health insurance data
2            analytics platform; experience managing contracts
3            and vendors preferred.
4            (D) HEALTHCARE INFORMATION TECHNOLOGY.
5                Manager of MMIS Claims Unit: Bachelor's degree
6            required, with preferred coursework in business,
7            public administration, information systems;
8            experience equivalent to 4 years of administration
9            in a public or business organization; working
10            knowledge with design and implementation of
11            technical solutions to medical claims payment
12            systems; extensive technical writing experience,
13            including, but not limited to, the development of
14            RFPs, APDs, feasibility studies, and related
15            documents; thorough knowledge of IT system design,
16            commercial off the shelf software packages and
17            hardware components.
18                Assistant Bureau Chief, Office of Information
19            Systems: Bachelor's degree required, with
20            preferred coursework in business, public
21            administration, information systems; experience
22            equivalent to 5 years of administration in a
23            public or private business organization; extensive
24            technical writing experience, including, but not
25            limited to, the development of RFPs, APDs,
26            feasibility studies and related documents;

 

 

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1            extensive healthcare technology experience with a
2            large provider, health insurer, government agency,
3            or research institution; experience as a business
4            analyst interfacing between business and
5            information technology departments; thorough
6            knowledge of IT system design, commercial off the
7            shelf software packages and hardware components.
8                Technical System Architect: Bachelor's degree
9            required, with preferred coursework in computer
10            science or information technology; prior
11            experience equivalent to 5 years of computer
12            science or IT administration in a public or
13            business organization; extensive healthcare
14            technology experience with a large provider,
15            health insurer, government agency, or research
16            institution; experience as a business analyst
17            interfacing between business and information
18            technology departments.
19    The provisions of this paragraph (8), other than this
20    sentence, are inoperative after January 1, 2014.
21(Source: P.A. 99-45, eff. 7-15-15; 100-258, eff. 8-22-17;
22100-771, eff. 8-10-18.)
 
23    (20 ILCS 415/8b)  (from Ch. 127, par. 63b108b)
24    Sec. 8b. Jurisdiction B - Merit and fitness.
25    (a) For positions in the State service subject to the

 

 

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1jurisdiction of the Department of Central Management Services
2with respect to selection and tenure on the basis of merit and
3fitness, those matters specified in this Section and Sections
48b.1 through 8b.17.
5    (b) Application, testing and hiring procedures for all
6State employment vacancies for positions not exempt under
7Section 4c shall be reduced to writing and made available to
8the public via the Department's website or equivalent. All
9vacant positions subject to Jurisdiction B shall be posted.
10Vacant positions shall be posted on the Department's website
11in such a way that potential job candidates can easily
12identify and apply for job openings and identify the county in
13which the vacancy is located. Vacant positions shall be
14updated at least weekly. The written procedures shall be
15provided to each State agency and university for posting and
16public inspection at each agency's office and each
17university's placement office. The Director shall also
18annually prepare and distribute a listing of entry level
19non-professional and professional positions that are most
20utilized by State agencies under the jurisdiction of the
21Governor. The position listings shall identify the entry level
22positions, localities of usage, description of position duties
23and responsibilities, salary ranges, eligibility requirements
24and test scheduling instructions. The position listings shall
25further identify special linguistic skills that may be
26required for any of the positions.

 

 

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1    (c) If a position experiences a vacancy rate that is
2greater than or equal to 10%, that position shall be posted
3until the vacancy rate is less than 10%.
4(Source: P.A. 86-1004.)
 
5    (20 ILCS 415/8b.1)  (from Ch. 127, par. 63b108b.1)
6    Sec. 8b.1. For assessment or other means open competitive
7examinations to determine test the relative fitness of
8applicants, including employees who do not have contractual
9rights under a collective bargaining agreement, for the
10respective position positions. Assessments, which are the
11determination of whether an individual meets the minimum
12qualifications as determined by the class specification of the
13position for which they are being considered, shall be
14designed to objectively eliminate those who are not qualified
15for the position into which they are applying, whether for
16entrance into State service or for promotion within the
17service, and Tests shall be designed to eliminate those who
18are not qualified for entrance into or promotion within the
19service, and to discover the relative fitness of those who are
20qualified. The Director may use any one of or any combination
21of the following examination methods or the equivalent, which
22in his judgment best serves this end: investigation of
23education; investigation of experience; test of cultural
24knowledge; test of capacity; test of knowledge; test of manual
25skill; test of linguistic ability; test of character; test of

 

 

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1physical fitness; test of psychological fitness. No person
2with a record of misdemeanor convictions except those under
3Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17,
411-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1,
521.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7,
632-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
7(a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and (8)
8of subsection (a) of Section 24-1 of the Criminal Code of 1961
9or the Criminal Code of 2012, or arrested for any cause but not
10convicted thereon shall be disqualified from taking such
11examinations or subsequent appointment, unless the person is
12attempting to qualify for a position which would give him the
13powers of a peace officer, in which case the person's
14conviction or arrest record may be considered as a factor in
15determining the person's fitness for the position. The
16eligibility conditions specified for the position of Assistant
17Director of Healthcare and Family Services in the Department
18of Healthcare and Family Services in Section 5-230 of the
19Departments of State Government Law of the Civil
20Administrative Code of Illinois shall be applied to that
21position in addition to other standards, tests or criteria
22established by the Director. All examinations shall be
23announced publicly at least 2 weeks in advance of the date of
24the examinations and may be advertised through the press,
25radio and other media. The Director may, however, in his
26discretion, continue to receive applications and examine

 

 

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1candidates long enough to assure a sufficient number of
2eligibles to meet the needs of the service and may add the
3names of successful candidates to existing eligible lists in
4accordance with their respective ratings.
5    The Director may, in his discretion, accept the results of
6competitive examinations conducted by any merit system
7established by federal law or by the law of any state, and may
8compile eligible lists therefrom or may add the names of
9successful candidates in examinations conducted by those merit
10systems to existing eligible lists in accordance with their
11respective ratings. No person who is a non-resident of the
12State of Illinois may be appointed from those eligible lists,
13however, unless the requirement that applicants be residents
14of the State of Illinois is waived by the Director of Central
15Management Services and unless there are less than 3 Illinois
16residents available for appointment from the appropriate
17eligible list. The results of the examinations conducted by
18other merit systems may not be used unless they are comparable
19in difficulty and comprehensiveness to examinations conducted
20by the Department of Central Management Services for similar
21positions. Special linguistic options may also be established
22where deemed appropriate.
23    When an agency requests an open competitive eligible list
24from the Department, the Director shall also provide to the
25agency a Successful Disability Opportunities Program eligible
26candidate list.

 

 

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1(Source: P.A. 101-192, eff. 1-1-20; 102-813, eff. 5-13-22.)
 
2    (20 ILCS 415/8b.2)  (from Ch. 127, par. 63b108b.2)
3    Sec. 8b.2. For promotions which shall give appropriate
4consideration to the applicant's qualifications, linguistic
5capabilities, cultural knowledge, record of performance,
6seniority and conduct. For positions subject to a collective
7bargaining agreement, an An advancement in rank or grade to a
8vacant position constitutes a promotion. For all other
9positions, the Director may establish rules containing
10additional factors, such as an increase in responsibility or
11an increase in the number of subordinates, for determining
12whether internal movement constitutes a promotion.
13(Source: P.A. 86-1004.)
 
14    (20 ILCS 415/8b.3)  (from Ch. 127, par. 63b108b.3)
15    Sec. 8b.3. For assessment of employees with contractual
16rights under a collective bargaining agreement to determine
17those candidates who are eligible the establishment of
18eligible lists for appointment and promotion and , upon which
19lists shall be placed the names of successful candidates in
20order of their relative excellence in respective examinations.
21Assessments, which are the determination of whether an
22individual meets the minimum qualifications as determined by
23the class specification of the position for which they are
24being considered, shall be designed to objectively eliminate

 

 

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1those who are not qualified for the position into which they
2are applying and to discover the relative fitness of those who
3are qualified. The Director may substitute rankings such as
4superior, excellent, well-qualified and qualified for
5numerical ratings and establish qualification assessments or
6assessment equivalents eligible lists accordingly. The
7Department may adopt rules regarding the assessment of
8applicants and the appointment of qualified candidates.
9Adopted rules shall be interpreted to be consistent with
10collective bargaining agreements. Such rules may provide for
11lists by area or location, by department or other agency, for
12removal of those not available for or refusing employment, for
13minimum and maximum duration of such lists, and for such other
14provisions as may be necessary to provide rapid and
15satisfactory service to the operating agencies. The Director
16may approve the written request of an agency or applicant to
17extend the eligibility of a qualified eligible candidate when
18the extension is necessary to assist in achieving affirmative
19action goals in employment. The extended period of eligibility
20shall not exceed the duration of the original period of
21eligibility and shall not be renewed. The rules may authorize
22removal of eligibles from lists if those eligibles fail to
23furnish evidence of availability upon forms sent to them by
24the Director.
25(Source: P.A. 87-545.)
 

 

 

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1    (20 ILCS 415/8b.4)  (from Ch. 127, par. 63b108b.4)
2    Sec. 8b.4. For the rejection of candidates or eligibles
3who fail to comply with reasonable previously specified job
4requirements of the Director in regard to training and
5experience; who have been guilty of infamous or disgraceful
6conduct; or who have attempted any deception or fraud in
7connection with the hiring process an examination. The
8Department may adopt rules and implement procedures regarding
9candidate rejection. Those candidates who are alleged to have
10attempted deception or fraud in connection with an examination
11shall be afforded the opportunity to appeal and provide
12information to support their appeal which shall be considered
13when determining their eligibility as a candidate for
14employment.
15(Source: P.A. 102-617, eff. 1-1-22.)
 
16    (20 ILCS 415/8b.5)  (from Ch. 127, par. 63b108b.5)
17    Sec. 8b.5. For the appointment of eligible candidates in
18rank order the person standing among the 3 highest on the
19appropriate eligible list to fill a vacancy, or from the
20highest ranking group if the list is by rankings instead of
21numerical ratings, except as otherwise provided in Sections 4b
22and 17a of this Act.
23    The Director may approve the appointment of a lower
24ranking candidate when higher ranking candidates have been
25exhausted or duly bypassed person from the next lower ranking

 

 

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1group when the highest ranking group contains less than 3
2eligibles.
3(Source: P.A. 86-12.)
 
4    (20 ILCS 415/8b.6)  (from Ch. 127, par. 63b108b.6)
5    Sec. 8b.6. For a period of probation not to exceed one year
6before appointment or promotion is complete, and during which
7period a probationer may with the consent of the Director of
8Central Management Services, be separated, discharged, or
9reduced in class or rank, or replaced on the eligible list. For
10a person appointed to a term appointment under Section 8b.18
11or 8b.19, the period of probation shall not be less than 6
12months.
13(Source: P.A. 93-615, eff. 11-19-03.)
 
14    (20 ILCS 415/8b.7)  (from Ch. 127, par. 63b108b.7)
15    Sec. 8b.7. Veteran preference. For the granting of
16appropriate preference in entrance examinations to qualified
17veterans, persons who have been members of the armed forces of
18the United States or to qualified persons who, while citizens
19of the United States, were members of the armed forces of
20allies of the United States in time of hostilities with a
21foreign country, and to certain other persons as set forth in
22this Section.
23    (a) As used in this Section:
24        (1) "Time of hostilities with a foreign country" means

 

 

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1    any period of time in the past, present, or future during
2    which a declaration of war by the United States Congress
3    has been or is in effect or during which an emergency
4    condition has been or is in effect that is recognized by
5    the issuance of a Presidential proclamation or a
6    Presidential executive order and in which the armed forces
7    expeditionary medal or other campaign service medals are
8    awarded according to Presidential executive order.
9        (2) "Armed forces of the United States" means the
10    United States Army, Navy, Air Force, Marine Corps, and
11    Coast Guard. Service in the Merchant Marine that
12    constitutes active duty under Section 401 of federal
13    Public Law 95-202 shall also be considered service in the
14    Armed Forces of the United States for purposes of this
15    Section.
16        (3) "Veteran" means a member of the armed forces of
17    the United States, the Illinois National Guard, or a
18    reserve component of the armed forces of the United
19    States.
20    (b) The preference granted under this Section shall be in
21the form of points, or the equivalent, added to the applicable
22scores final grades of the persons if they otherwise qualify
23and are entitled to be considered for appointment appear on
24the list of those eligible for appointments.
25    (c) A veteran is qualified for a preference of 10 points if
26the veteran currently holds proof of a service connected

 

 

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1disability from the United States Department of Veterans
2Affairs or an allied country or if the veteran is a recipient
3of the Purple Heart.
4    (d) A veteran who has served during a time of hostilities
5with a foreign country is qualified for a preference of 5
6points if the veteran served under one or more of the following
7conditions:
8        (1) The veteran served a total of at least 6 months, or
9        (2) The veteran served for the duration of hostilities
10    regardless of the length of engagement, or
11        (3) The veteran was discharged on the basis of
12    hardship, or
13        (4) The veteran was released from active duty because
14    of a service connected disability and was discharged under
15    honorable conditions.
16    (e) A person not eligible for a preference under
17subsection (c) or (d) is qualified for a preference of 3 points
18if the person has served in the armed forces of the United
19States, the Illinois National Guard, or any reserve component
20of the armed forces of the United States if the person: (1)
21served for at least 6 months and has been discharged under
22honorable conditions; (2) has been discharged on the ground of
23hardship; (3) was released from active duty because of a
24service connected disability; or (4) served a minimum of 4
25years in the Illinois National Guard or reserve component of
26the armed forces of the United States regardless of whether or

 

 

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1not the person was mobilized to active duty. An active member
2of the National Guard or a reserve component of the armed
3forces of the United States is eligible for the preference if
4the member meets the service requirements of this subsection
5(e).
6    (f) The augmented ratings shall be used when determining
7the rank order of persons to be appointed entitled to a
8preference on eligible lists shall be determined on the basis
9of their augmented ratings. When the Director establishes
10eligible lists on the basis of category ratings such as
11"superior", "excellent", "well-qualified", and "qualified",
12the veteran eligibles in each such category shall be preferred
13for appointment before the non-veteran eligibles in the same
14category.
15    (g) Employees in positions covered by jurisdiction B who,
16while in good standing, leave to engage in military service
17during a period of hostility, shall be given credit for
18seniority purposes for time served in the armed forces.
19    (h) A surviving unremarried spouse of a veteran who
20suffered a service connected death or the spouse of a veteran
21who suffered a service connected disability that prevents the
22veteran from qualifying for civil service employment shall be
23entitled to the same preference to which the veteran would
24have been entitled under this Section.
25    (i) A preference shall also be given to the following
26individuals: 10 points for one parent of an unmarried veteran

 

 

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1who suffered a service connected death or a service connected
2disability that prevents the veteran from qualifying for civil
3service employment. The first parent to receive a civil
4service appointment shall be the parent entitled to the
5preference.
6    (j) The Department of Central Management Services shall
7adopt rules and implement procedures to verify that any person
8seeking a preference under this Section is entitled to the
9preference. A person seeking a preference under this Section
10shall provide documentation or execute any consents or other
11documents required by the Department of Central Management
12Services or any other State department or agency to enable the
13department or agency to verify that the person is entitled to
14the preference.
15    (k) If an applicant claims to be a veteran, the Department
16of Central Management Services must verify that status before
17granting a veteran preference by requiring a certified copy of
18the applicant's most recent DD214 (Certificate of Release or
19Discharge from Active Duty), NGB-22 (Proof of National Guard
20Service), or other evidence of the applicant's most recent
21honorable discharge from the Armed Forces of the United States
22that is determined to be acceptable by the Department of
23Central Management Services.
24(Source: P.A. 100-496, eff. 9-8-17.)
 
25    (20 ILCS 415/8b.8)  (from Ch. 127, par. 63b108b.8)

 

 

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1    Sec. 8b.8. For emergency appointments to any positions in
2the State service for a period not to exceed 60 days, to meet
3emergency situations. However, where an emergency situation
4that threatens the health, safety, or welfare of employees or
5residents of the State exists, emergency appointments shall
6not exceed 90 days. Emergency appointments may be made without
7regard to competitive selection eligible lists but may not be
8renewed. Notice of such appointments and terminations shall be
9reported simultaneously to the Director of Central Management
10Services.
11(Source: P.A. 82-789.)
 
12    (20 ILCS 415/8b.9)  (from Ch. 127, par. 63b108b.9)
13    Sec. 8b.9. For temporary appointments to any positions in
14the State service which are determined to be temporary or
15seasonal in nature by the Director of Central Management
16Services. Temporary appointments may be made for not more than
176 months and may be taken from eligible lists to the extent
18determined to be practicable. No position in the State service
19may be filled by temporary appointment for more than 6 months
20out of any 12 month period.
21(Source: P.A. 82-789.)
 
22    (20 ILCS 415/8b.10)  (from Ch. 127, par. 63b108b.10)
23    Sec. 8b.10. For provisional appointment to a position
24without competitive qualification assessment examination when

 

 

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1there is no appropriate eligible list available. No position
2within jurisdiction B may be filled by provisional appointment
3for longer than 6 months out of any 12 month period.
4(Source: P.A. 76-628.)
 
5    (20 ILCS 415/8b.14)  (from Ch. 127, par. 63b108b.14)
6    Sec. 8b.14. For the promotion of staff development and
7utilization by means of records of performance of all
8employees in the State service. The performance records may be
9considered in determining salary increases, provided in the
10pay plan, and as a factor in promotion tests, or promotions.
11The performance records shall be considered as a factor in
12determining salary decreases, the order of layoffs because of
13lack of funds or work, reinstatement, demotions, discharges
14and geographical transfers.
15(Source: Laws 1968, p. 472.)
 
16    (20 ILCS 415/8b.17)  (from Ch. 127, par. 63b108b.17)
17    Sec. 8b.17. For trainee programs, and for the appointment
18of persons to positions in trainee programs, hereinafter
19called "trainee appointments". Trainee appointments may be
20made with or without examination, with consideration of the
21needs of Illinois residents, but may not be made to positions
22in any class that is not in a trainee program approved by the
23Director of Central Management Services. Trainee programs will
24be developed with consideration of the need for employees with

 

 

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1linguistic abilities or cultural knowledge. The Director shall
2work with the Department of Human Services and the Department
3of Employment Security in trainee position placements for
4those persons who receive benefits from those Departments.
5Persons who receive trainee appointments do not acquire any
6rights under jurisdiction B of the Personnel Code by virtue of
7their appointments.
8(Source: P.A. 89-507, eff. 7-1-97.)
 
9    (20 ILCS 415/8b.18)  (from Ch. 127, par. 63b108b.18)
10    Sec. 8b.18. Probationary separation Term Appointments. For
11the separation of employees who fail to successfully complete
12the probationary period with the prior approval of the
13Director of Central Management Services. Unless otherwise
14required by rule or the employee is a member of a collective
15bargaining unit, the Director of Central Management Services
16may approve a probationary separation when an employee fails
17to satisfactorily complete the probationary period. (a)
18Appointees for all positions not subject to paragraphs (1),
19(2), (3) and (6) of Section 4d in or above merit compensation
20grade 12 or its equivalent shall be appointed for a term of 4
21years. During the term of such appointments, Jurisdictions A,
22B and C shall apply to such positions. When a term expires, the
23Director or Chairman of the Department, Board or Commission in
24which the position is located, shall terminate the incumbent
25or renew the term for another 4 year term. Failure to renew the

 

 

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1term is not grievable or appealable to the Civil Service
2Commission.
3    For the purpose of implementing the above Section, the
4Director of Central Management Services shall supply each such
5Director or Chairman with a list of employees selected
6randomly by social security numbers in his particular
7Department, Board or Commission who are in salary grades
8subject to this Section on February 1, 1980. Such list shall
9include 25% of all such employees in the Department, Board or
10Commission. Those employees shall only continue in State
11employment in those positions if an appointment is made
12pursuant to this Section by the Director or Chairman of that
13Department, Board or Commission.
14    The same process shall occur on February 1, 1981, 1982 and
151983 with an additional 25% of the employees subject to this
16Section who are employed on January 1, 1980 being submitted by
17the Director of Central Management Services for appointment
18each year.
19    New appointments to such positions after January 1, 1980
20shall be appointed pursuant to this Section.
21    The Director of Central Management Services may exempt
22specific positions in agencies receiving federal funds from
23the operation of this Section if he finds and reports to the
24Speaker of the House and the President of the Senate, after
25good faith negotiations, that such exemption is necessary to
26maintain the availability of federal funds.

 

 

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1    All positions, the duties and responsibilities of which
2are wholly professional but do not include policy-making or
3major administrative responsibilities and those positions
4which have either salaries at negotiated rates or salaries at
5prevailing rates shall be exempt from the provisions of this
6Section.
7    (b) Beginning January 1, 1985 and thereafter, any
8incumbent holding probationary or certified status in a
9position in or above merit compensation grade 12 or its
10equivalent and subject to paragraph (1), (2), (3) or (6) of
11Section 4d shall be subject to review and appointment for a
12term of 4 years unless such incumbent has received an
13appointment or renewal under paragraph (a) of this Section.
14During the term of such appointment, Jurisdiction A, B and C
15shall apply to such incumbent. When a term expires, the
16Director or Chairman of the Department, Board or Commission in
17which the position is located, shall terminate the incumbent
18or renew the term for another 4 year term. Failure to renew the
19term is not grievable or appealable to the Civil Service
20Commission.
21(Source: P.A. 83-1362; 83-1369; 83-1528.)
 
22    (20 ILCS 415/8b.19)  (from Ch. 127, par. 63b108b.19)
23    Sec. 8b.19. Term appointments. (a) Appointees and renewal
24appointees for all positions not subject to paragraphs (1),
25(2), (3) and (6) of Section 4d in or above merit compensation

 

 

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1grade 12 or its equivalent shall be appointed for a term of 4
2years beginning on the effective date of the appointment or
3renewal. During the term of such appointments, Jurisdictions
4A, B and C shall apply to such positions. When a term expires,
5the Director or Chairman of the Department, Board or
6Commission in which the position is located shall terminate
7the incumbent or renew the term for another 4 year term.
8Failure to renew the term is not grievable or appealable to the
9Civil Service Commission.
10    New appointments to such positions after the effective
11date of this amendatory Act of 1988 shall be appointed
12pursuant to this Section.
13    The Director of Central Management Services may exempt
14specific positions in agencies receiving federal funds from
15the operation of this Section if he or she finds and reports to
16the Speaker of the House and the President of the Senate, after
17good faith negotiations, that the exemption is necessary to
18maintain the availability of federal funds.
19    All positions, the duties and responsibilities of which
20are wholly professional but do not include policy making or
21major administrative responsibilities, and those positions
22which have either salaries at negotiated rates or salaries at
23prevailing rates shall be exempt from the provisions of this
24Section.
25    (b) Any incumbent who has received an appointment or
26renewal either before the effective date of this amendatory

 

 

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1Act of 1988 or under paragraph (a) of this Section and who is
2holding probationary or certified status in a position in or
3above merit compensation grade 12 or its equivalent and
4subject to paragraph (1), (2), (3) or (6) of Section 4d shall
5be subject to review and appointment when the term expires.
6During the term of such appointment, Jurisdictions A, B and C
7shall apply to such incumbent. When a term expires, the
8Director or Chairman of the Department, Board or Commission in
9which the position is located shall terminate the incumbent or
10renew the term for another 4 year term. Failure to renew the
11term is not grievable or appealable to the Civil Service
12Commission.
13    (c) The term of any person appointed to or renewed in a
14term position before the effective date of this amendatory Act
15of 1988 shall expire 4 years after the effective date of the
16appointment or renewal. However, appointment to a different
17position, also subject to the 4-year term, shall restart the
184-year term appointment period.
19    (d) All appointments to and renewals in term positions
20made before the effective date of this amendatory Act of 1988
21are ratified and confirmed.
22(Source: P.A. 85-1152.)
 
23    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
24    Sec. 9. Director, powers and duties. The Director, as
25executive head of the Department, shall direct and supervise

 

 

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1all its administrative and technical activities. In addition
2to the duties imposed upon him elsewhere in this law, it shall
3be his duty:
4        (1) To apply and carry out this law and the rules
5    adopted thereunder.
6        (2) To attend meetings of the Commission.
7        (3) To establish and maintain a roster of all
8    employees subject to this Act, in which there shall be set
9    forth, as to each employee, the class, title, pay, status,
10    and other pertinent data.
11        (4) To appoint, subject to the provisions of this Act,
12    such employees of the Department and such experts and
13    special assistants as may be necessary to carry out
14    effectively this law.
15        (5) Subject to such exemptions or modifications as may
16    be necessary to assure the continuity of federal
17    contributions in those agencies supported in whole or in
18    part by federal funds, to make appointments to vacancies;
19    to approve all written charges seeking discharge,
20    demotion, or other disciplinary measures provided in this
21    Act and to approve transfers of employees from one
22    geographical area to another in the State, in offices,
23    positions or places of employment covered by this Act,
24    after consultation with the operating unit.
25        (6) To formulate and administer service wide policies
26    and programs for the improvement of employee

 

 

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1    effectiveness, including training, safety, health,
2    incentive recognition, counseling, welfare and employee
3    relations. The Department shall formulate and administer
4    recruitment plans and testing of potential employees for
5    agencies having direct contact with significant numbers of
6    non-English speaking or otherwise culturally distinct
7    persons. The Department shall require each State agency to
8    annually assess the need for employees with appropriate
9    bilingual capabilities to serve the significant numbers of
10    non-English speaking or culturally distinct persons. The
11    Department shall develop a uniform procedure for assessing
12    an agency's need for employees with appropriate bilingual
13    capabilities. Agencies shall establish occupational titles
14    or designate positions as "bilingual option" for persons
15    having sufficient linguistic ability or cultural knowledge
16    to be able to render effective service to such persons.
17    The Department shall ensure that any such option is
18    exercised according to the agency's needs assessment and
19    the requirements of this Code. The Department shall make
20    annual reports of the needs assessment of each agency and
21    the number of positions calling for non-English linguistic
22    ability to whom vacancy postings were sent, and the number
23    filled by each agency. Such policies and programs shall be
24    subject to approval by the Governor, provided that for
25    needs that require a certain linguistic ability that: (i)
26    have not been met for a posted position for a period of at

 

 

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1    least one year; or (ii) arise when an individual's health
2    or safety would be placed in immediate risk, the
3    Department shall accept certifications of linguistic
4    competence from pre-approved third parties. To facilitate
5    expanding the scope of sources to demonstrate linguistic
6    competence, the Department shall issue standards for
7    demonstrating linguistic competence. No later than January
8    2024, the Department shall authorize at least one if not
9    more community colleges in the regions involving the
10    counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
11    Will, Sangamon, and 5 other geographically distributed
12    counties within the State to pre-test and certify
13    linguistic ability, and such certifications by candidates
14    shall be presumed to satisfy the linguistic ability
15    requirements for the job position. Such policies, program
16    reports and needs assessment reports, as well as
17    linguistic certification standards, shall be filed with
18    the General Assembly by January 1 of each year and shall be
19    available to the public.
20        The Department shall include within the report
21    required above the number of persons receiving the
22    bilingual pay supplement established by Section 8a.2 of
23    this Code. The report shall provide the number of persons
24    receiving the bilingual pay supplement for languages other
25    than English and for signing. The report shall also
26    indicate the number of persons, by the categories of

 

 

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1    Hispanic and non-Hispanic, who are receiving the bilingual
2    pay supplement for language skills other than signing, in
3    a language other than English.
4        (7) To conduct negotiations affecting pay, hours of
5    work, or other working conditions of employees subject to
6    this Act.
7        (8) To make continuing studies to improve the
8    efficiency of State services to the residents of Illinois,
9    including but not limited to those who are non-English
10    speaking or culturally distinct, and to report his
11    findings and recommendations to the Commission and the
12    Governor.
13        (9) To investigate from time to time the operation and
14    effect of this law and the rules made thereunder and to
15    report his findings and recommendations to the Commission
16    and to the Governor.
17        (10) To make an annual report regarding the work of
18    the Department, and such special reports as he may
19    consider desirable, to the Commission and to the Governor,
20    or as the Governor or Commission may request.
21        (11) To make continuing studies to encourage State
22    employment for persons with disabilities, including, but
23    not limited to, the Successful Disability Opportunities
24    Program. (Blank).
25        (12) To make available information regarding all
26    exempt positions in State service no less frequently than

 

 

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1    quarterly. To prepare and publish a semi-annual statement
2    showing the number of employees exempt and non-exempt from
3    merit selection in each department. This report shall be
4    in addition to other information on merit selection
5    maintained for public information under existing law.
6        (13) To establish policies to increase the flexibility
7    of the State workforce for every department or agency
8    subject to Jurisdiction C, including the use of flexible
9    time, location, workloads, and positions. The Director and
10    the director of each department or agency shall together
11    establish quantifiable goals to increase workforce
12    flexibility in each department or agency. To authorize in
13    every department or agency subject to Jurisdiction C the
14    use of flexible hours positions. A flexible hours position
15    is one that does not require an ordinary work schedule as
16    determined by the Department and includes but is not
17    limited to: 1) a part time job of 20 hours or more per
18    week, 2) a job which is shared by 2 employees or a
19    compressed work week consisting of an ordinary number of
20    working hours performed on fewer than the number of days
21    ordinarily required to perform that job. The Department
22    may define flexible time, location, workloads, and
23    positions based on a variety of relevant factors,
24    including, but not limited to, State operational needs to
25    include other types of jobs that are defined above.
26        The Director and the director of each department or

 

 

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1    agency shall together establish goals for flexibility
2    flexible hours positions to be available in every
3    department or agency.
4        The Department shall give technical assistance to
5    departments and agencies in achieving their goals, and
6    shall report to the Governor and the General Assembly each
7    year on the progress of each department and agency.
8        When a goal of 10% of the positions in a department or
9    agency being available on a flexible hours basis has been
10    reached, the Department shall evaluate the effectiveness
11    and efficiency of the program and determine whether to
12    expand the number of positions available for flexible
13    hours to 20%.
14        When a goal of 20% of the positions in a department or
15    agency being available on a flexible hours basis has been
16    reached, the Department shall evaluate the effectiveness
17    and efficiency of the program and determine whether to
18    expand the number of positions available for flexible
19    hours.
20        Each department shall develop a plan for
21    implementation of flexible work requirements designed to
22    reduce the need for day care of employees' children
23    outside the home. Each department shall submit a report of
24    its plan to the Department of Central Management Services
25    and the General Assembly. This report shall be submitted
26    biennially by March 1, with the first report due March 1,

 

 

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1    1993.
2        (14) To perform any other lawful acts which he may
3    consider necessary or desirable to carry out the purposes
4    and provisions of this law.
5        (15) When a vacancy rate is greater than or equal to
6    10% for a given position, the Department shall review the
7    educational and other requirements for the position to
8    determine if modifications need to be made.
9    The requirement for reporting to the General Assembly
10shall be satisfied by filing copies of the report as required
11by Section 3.1 of the General Assembly Organization Act, and
12filing such additional copies with the State Government Report
13Distribution Center for the General Assembly as is required
14under paragraph (t) of Section 7 of the State Library Act.
15(Source: P.A. 102-952, eff. 1-1-23.)
 
16    (20 ILCS 415/10)  (from Ch. 127, par. 63b110)
17    Sec. 10. Duties and powers of the Commission. The Civil
18Service Commission shall have duties and powers as follows:
19        (1) Upon written recommendations by the Director of
20    the Department of Central Management Services to exempt
21    from jurisdiction B of this Act positions which, in the
22    judgment of the Commission, involve either principal
23    administrative responsibility for the determination of
24    policy or principal administrative responsibility for the
25    way in which policies are carried out. This authority may

 

 

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1    not be exercised, however, with respect to the position of
2    Assistant Director of Healthcare and Family Services in
3    the Department of Healthcare and Family Services.
4        (2) To require such special reports from the Director
5    as it may consider desirable.
6        (3) To disapprove original rules or any part thereof
7    within 45 90 days and any amendment thereof within 30 days
8    after the submission of such rules to the Civil Service
9    Commission by the Director, and to disapprove any
10    amendments thereto in the same manner. The Commission's
11    review of original rules or amendments may run
12    concurrently with review conducted by the Joint Committee
13    on Administrative Rules.
14        (4) To approve or disapprove within 60 days from date
15    of submission the position classification plan submitted
16    by the Director as provided in the rules, and any
17    revisions thereof within 30 days from the date of
18    submission.
19        (5) To hear appeals of employees who do not accept the
20    allocation of their positions under the position
21    classification plan.
22        (6) To hear and determine written charges filed
23    seeking the discharge, demotion of employees and
24    suspension totaling more than thirty days in any 12-month
25    period, as provided in Section 11 hereof, and appeals from
26    transfers from one geographical area in the State to

 

 

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1    another, and in connection therewith to administer oaths,
2    subpoena witnesses, and compel the production of books and
3    papers.
4        (7) The fees of subpoenaed witnesses under this Act
5    for attendance and travel shall be the same as fees of
6    witnesses before the circuit courts of the State, such
7    fees to be paid when the witness is excused from further
8    attendance. Whenever a subpoena is issued the Commission
9    may require that the cost of service and the fee of the
10    witness shall be borne by the party at whose insistence
11    the witness is summoned. The Commission has the power, at
12    its discretion, to require a deposit from such party to
13    cover the cost of service and witness fees and the payment
14    of the legal witness fee and mileage to the witness served
15    with the subpoena. A subpoena issued under this Act shall
16    be served in the same manner as a subpoena issued out of a
17    court.
18        Upon the failure or refusal to obey a subpoena, a
19    petition shall be prepared by the party serving the
20    subpoena for enforcement in the circuit court of the
21    county in which the person to whom the subpoena was
22    directed either resides or has his or her principal place
23    of business.
24        Not less than five days before the petition is filed
25    in the appropriate court, it shall be served on the person
26    along with a notice of the time and place the petition is

 

 

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1    to be presented.
2        Following a hearing on the petition, the circuit court
3    shall have jurisdiction to enforce subpoenas issued
4    pursuant to this Section.
5        On motion and for good cause shown the Commission may
6    quash or modify any subpoena.
7        (8) To make an annual report regarding the work of the
8    Commission to the Governor, such report to be a public
9    report.
10        (9) If any violation of this Act is found, the
11    Commission shall direct compliance in writing.
12        (10) To appoint a full-time executive secretary and
13    such other employees, experts, and special assistants as
14    may be necessary to carry out the powers and duties of the
15    Commission under this Act and employees, experts, and
16    special assistants so appointed by the Commission shall be
17    subject to the provisions of jurisdictions A, B and C of
18    this Act. These powers and duties supersede any contrary
19    provisions herein contained.
20        (11) To make rules to carry out and implement their
21    powers and duties under this Act, with authority to amend
22    such rules from time to time.
23        (12) To hear or conduct investigations as it deems
24    necessary of appeals of layoff filed by employees
25    appointed under Jurisdiction B after examination provided
26    that such appeals are filed within 15 calendar days

 

 

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1    following the effective date of such layoff and are made
2    on the basis that the provisions of the Personnel Code or
3    of the Rules of the Department of Central Management
4    Services relating to layoff have been violated or have not
5    been complied with.
6        All hearings shall be public. A decision shall be
7    rendered within 60 days after receipt of the transcript of
8    the proceedings. The Commission shall order the
9    reinstatement of the employee if it is proven that the
10    provisions of the Personnel Code or of the rules of the
11    Department of Central Management Services relating to
12    layoff have been violated or have not been complied with.
13    In connection therewith the Commission may administer
14    oaths, subpoena witnesses, and compel the production of
15    books and papers.
16        (13) Whenever the Civil Service Commission is
17    authorized or required by law to consider some aspect of
18    criminal history record information for the purpose of
19    carrying out its statutory powers and responsibilities,
20    then, upon request and payment of fees in conformance with
21    the requirements of Section 2605-400 of the Illinois State
22    Police Law, the Illinois State Police is authorized to
23    furnish, pursuant to positive identification, such
24    information contained in State files as is necessary to
25    fulfill the request.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    (20 ILCS 415/12f)
2    Sec. 12f. Layoff of employees whose positions are not
3subject to collective bargaining agreements. Merit
4compensation/salary grade employees; layoffs.
5    (a) Each State agency shall make every attempt to minimize
6the number of its employees that are laid off. In an effort to
7minimize layoffs, each merit compensation/salary grade
8employee who is subject to layoff shall be offered any vacant
9positions for the same title held by that employee within the
10same agency and county from which the employee is subject to
11layoff and within 2 additional alternate counties designated
12by the employee (or 3 additional counties if the employee's
13facility or office is closing), excluding titles that are
14subject to collective bargaining. If no such vacancies exist,
15then the employee shall be eligible for reemployment for a
16period of 3 years, commencing with the date of layoff. The
17Department may adopt rules and implement procedures for
18reemployment placed on the agency's reemployment list for (i)
19the title from which the employee was laid off and (ii) any
20other titles or successor titles previously held by that
21employee in which the employee held certified status within
22the county from which the employee was laid off and within 2
23additional alternate counties designated by the employee (or 3
24additional counties if the employee's facility or office is
25closing), excluding titles that are subject to collective

 

 

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1bargaining. Laid-off employees shall remain on a reemployment
2list for 3 years, commencing with the date of layoff.
3    (b) Merit compensation/salary grade employees who are laid
4off shall be extended the same medical and dental insurance
5benefits to which employees laid off from positions subject to
6collective bargaining are entitled and on the same terms.
7    (c) Employees laid off from merit compensation/salary
8grade positions may apply to be qualified for any titles
9subject to collective bargaining.
10    (d) Merit compensation/salary grade employees subject to
11layoff shall be given 30 days' notice of the layoff.
12Information about all A list of all current vacancies of all
13titles within the agency shall be provided to the employee
14with the notice of the layoff.
15(Source: P.A. 93-839, eff. 7-30-04.)
 
16    (20 ILCS 415/13)  (from Ch. 127, par. 63b113)
17    Sec. 13. Unlawful acts prohibited.
18    (1) No person shall make any false statement, certificate,
19mark, rating, or report with regard to any test,
20certification, or appointment made under any provision of this
21law, or in any manner commit or attempt to commit any fraud
22preventing the impartial execution of this law and the rules.
23    (2) No person shall, directly or indirectly, give, render,
24pay, offer, solicit, or accept any money, service, or other
25valuable consideration for or on account of any appointment,

 

 

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1proposed appointment, promotion, or proposed promotion to, or
2any advantage in, a position in the State service.
3    (3) No person shall defeat, deceive, or obstruct any
4person in his right to a qualification assessment examination,
5eligibility, certification, or appointment under this law, or
6furnish to any person any special or secret information for
7the purpose of affecting the rights or prospects of any person
8with respect to employment in the State service.
9    (4) No person may enter into any agreement under which a
10State employee is offered or assured of re-employment in the
11same department or agency after the employee's resignation
12from State employment for the purpose of receiving payment for
13accrued vacation, overtime, sick leave or personal leave, or
14for the purpose of receiving a refund of the employee's
15accumulated pension contributions.
16(Source: P.A. 87-384.)
 
17    (20 ILCS 415/14)  (from Ch. 127, par. 63b114)
18    Sec. 14. Records of the Department of Central Management
19Services. The records of the Department, including original
20and promotional eligible registers, except such records as the
21rules may properly require to be held confidential for reasons
22of public policy, shall be public records and shall be open to
23public inspection, subject to reasonable regulations as to the
24time and manner of inspection which may be prescribed by the
25Director.

 

 

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1(Source: P.A. 85-1152.)
 
2    (20 ILCS 415/17a)  (from Ch. 127, par. 63b117a)
3    Sec. 17a. Appointment of federal employees to State
4positions. At the discretion of the Director of Central
5Management Services, any certified or probationary employee of
6any Federal office, agency or institution in the State of
7Illinois which is closed by the Federal Government may be
8appointed to a comparable position in State service, without
9competitive selection examination. Such persons will attain
10certified status provided they pass a qualifying examination
11prescribed by the Director within 6 months after being so
12appointed, and provided they thereafter satisfactorily
13complete their respective probationary periods. Such
14qualifying examinations shall be of the same kind as those
15required for entrance examinations for comparable positions.
16Appointments of such employees shall be without regard to the
17competitive selection process eligible lists and without
18regard to the provisions of this Code requiring the
19appointment of the person standing among the three highest on
20the appropriate eligible list to fill a vacancy or from the
21highest category ranking group if the list is by rankings
22instead of numerical ratings. Nothing herein shall preclude
23the reclassification or reallocation as provided by this Act
24of any position held by any person appointed pursuant to this
25Section.

 

 

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1(Source: P.A. 82-789.)
 
2    (20 ILCS 415/17b)
3    Sec. 17b. Trainee program for persons with a disability.
4    (a) Notwithstanding any other provision of law, on and
5after July 1, 2020, each State agency with 1,500 employees or
6more shall, and each executive branch constitutional officer
7may, offer at least one position per year to be filled by a
8person with a disability, as defined by the federal Americans
9with Disabilities Act, through an established trainee program.
10Agencies with fewer than 1,500 employees may also elect to
11participate in the program. The trainee position shall last
12for a period of at least 6 months and shall require the trainee
13to participate in the trainee program for at least 20 hours per
14week. The program shall be administered by the Department of
15Central Management Services. The Department of Central
16Management Services shall conduct an initial assessment of
17potential candidates, and the hiring agency or officer shall
18conduct a final assessment interview. Upon successful
19completion of the trainee program, the respective agency or
20officer shall certify issue a certificate of completion of the
21trainee program, with final approval provided by which shall
22be sent to the Department of Central Management Services for
23final approval. Individuals who successfully complete a
24trainee appointment under this Section are eligible for
25promotion to the target title without further examination. The

 

 

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1Department of Central Management Services, in cooperation with
2the Employment and Economic Opportunity for Persons with
3Disabilities Task Force, may shall adopt rules to implement
4and administer the trainee program for persons with
5disabilities, including, but not limited to, establishing
6non-political selection criteria, implementing an assessment
7and interview process, if necessary, that accommodates persons
8with a disability, and linking trainee programs to targeted
9full-time position titles.
10    (b) The Employment and Economic Opportunity for Persons
11with Disabilities Task Force shall prepare an annual report to
12be submitted to the Governor and the General Assembly that
13includes: (1) best practices for helping persons with a
14disability gain employment; (2) proposed rules for adoption by
15the Department of Central Management Services for the
16administration and implementation of the trainee program under
17this Section; (3) the number of agencies that participated in
18the trainee program under this Section in the previous
19calendar year; and (4) the number of individuals who
20participated in the trainee program who became full-time
21employees of the State at the conclusion of the trainee
22program.
23(Source: P.A. 101-533, eff. 8-23-19.)
 
24    (20 ILCS 415/8b.5-1 rep.)
25    (20 ILCS 415/8d.1 rep.)

 

 

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1    (20 ILCS 415/12a rep.)
2    (20 ILCS 415/12b rep.)
3    (20 ILCS 415/12c rep.)
4    (20 ILCS 415/17 rep.)
5    Section 15. The Personnel Code is amended by repealing
6Sections 8b.5-1, 8d.1, 12a, 12b, 12c, and 17.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".