Illinois General Assembly - Full Text of HB4740
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Full Text of HB4740  102nd General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Personnel Code is amended by changing
5Sections 8a.2 and 9 as follows:
6    (20 ILCS 415/8a.2)  (from Ch. 127, par. 63b108a.2)
7    Sec. 8a.2. For the purposes of the pay plan established
8under Section 8a of this Code, the Director may establish a
9special pay supplement for those positions of employment that
10require, pursuant to the Department's official classification
11specification, that a person employed in that position speak
12or write a language other than English. Positions paid under
13Section 8a of this Code may be eligible for a bilingual pay
14supplement to attract bilingual individuals, to encourage
15present employees to become proficient in languages other than
16English, or to retain qualified bilingual employees.
17    The positions eligible for a bilingual pay supplement, the
18amount of the supplement and the length of time it remains in
19effect shall be negotiated between the Department and the
20appropriate collective bargaining representative as determined
21under the Illinois Public Labor Relations Act. The bilingual
22pay supplement may be negotiated for each foreign language
23required for the position by the Department's official



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1classification specification.
2    A bilingual pay supplement shall be processed within 30
3calendar days after the employee presents to the Director, or
4the Director's designee for this purpose, a certification from
5either: (i) the designated testing program process selected by
6the Director; or (ii) an Illinois community college confirming
7that language skill proficiency in reading, writing, and
8speaking has been satisfied by the employee.
9(Source: P.A. 86-1427.)
10    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
11    Sec. 9. Director, powers and duties. The Director, as
12executive head of the Department, shall direct and supervise
13all its administrative and technical activities. In addition
14to the duties imposed upon him elsewhere in this law, it shall
15be his duty:
16        (1) To apply and carry out this law and the rules
17    adopted thereunder.
18        (2) To attend meetings of the Commission.
19        (3) To establish and maintain a roster of all
20    employees subject to this Act, in which there shall be set
21    forth, as to each employee, the class, title, pay, status,
22    and other pertinent data.
23        (4) To appoint, subject to the provisions of this Act,
24    such employees of the Department and such experts and
25    special assistants as may be necessary to carry out



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1    effectively this law.
2        (5) Subject to such exemptions or modifications as may
3    be necessary to assure the continuity of federal
4    contributions in those agencies supported in whole or in
5    part by federal funds, to make appointments to vacancies;
6    to approve all written charges seeking discharge,
7    demotion, or other disciplinary measures provided in this
8    Act and to approve transfers of employees from one
9    geographical area to another in the State, in offices,
10    positions or places of employment covered by this Act,
11    after consultation with the operating unit.
12        (6) To formulate and administer service wide policies
13    and programs for the improvement of employee
14    effectiveness, including training, safety, health,
15    incentive recognition, counseling, welfare and employee
16    relations. The Department shall formulate and administer
17    recruitment plans and testing of potential employees for
18    agencies having direct contact with significant numbers of
19    non-English speaking or otherwise culturally distinct
20    persons. The Department shall require each State agency to
21    annually assess the need for employees with appropriate
22    bilingual capabilities to serve the significant numbers of
23    non-English speaking or culturally distinct persons. The
24    Department shall develop a uniform procedure for assessing
25    an agency's need for employees with appropriate bilingual
26    capabilities. Agencies shall establish occupational titles



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1    or designate positions as "bilingual option" for persons
2    having sufficient linguistic ability or cultural knowledge
3    to be able to render effective service to such persons.
4    The Department shall ensure that any such option is
5    exercised according to the agency's needs assessment and
6    the requirements of this Code. The Department shall make
7    annual reports of the needs assessment of each agency and
8    the number of positions calling for non-English linguistic
9    ability to whom vacancy postings were sent, and the number
10    filled by each agency. Such policies and programs shall be
11    subject to approval by the Governor, provided that for
12    needs that require a certain linguistic ability that: (i)
13    have not been met for a posted position for a period of at
14    least one year; or (ii) arise when an individual's health
15    or safety would be placed in immediate risk, the
16    Department shall accept certifications of linguistic
17    competence from pre-approved third parties. To facilitate
18    expanding the scope of sources to demonstrate linguistic
19    competence, the Department shall issue standards for
20    demonstrating linguistic competence. No later than January
21    2024, the Department shall authorize at least one if not
22    more community colleges in the regions involving the
23    counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
24    Will, Sangamon, and 5 other geographically distributed
25    counties within the State to pre-test and certify
26    linguistic ability, and such certifications by candidates



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1    shall be presumed to satisfy the linguistic ability
2    requirements for the job position. Such policies, program
3    reports and needs assessment reports, as well as
4    linguistic certification standards, shall be filed with
5    the General Assembly by January 1 of each year and shall be
6    available to the public.
7        The Department shall include within the report
8    required above the number of persons receiving the
9    bilingual pay supplement established by Section 8a.2 of
10    this Code. The report shall provide the number of persons
11    receiving the bilingual pay supplement for languages other
12    than English and for signing. The report shall also
13    indicate the number of persons, by the categories of
14    Hispanic and non-Hispanic, who are receiving the bilingual
15    pay supplement for language skills other than signing, in
16    a language other than English.
17        (7) To conduct negotiations affecting pay, hours of
18    work, or other working conditions of employees subject to
19    this Act.
20        (8) To make continuing studies to improve the
21    efficiency of State services to the residents of Illinois,
22    including but not limited to those who are non-English
23    speaking or culturally distinct, and to report his
24    findings and recommendations to the Commission and the
25    Governor.
26        (9) To investigate from time to time the operation and



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1    effect of this law and the rules made thereunder and to
2    report his findings and recommendations to the Commission
3    and to the Governor.
4        (10) To make an annual report regarding the work of
5    the Department, and such special reports as he may
6    consider desirable, to the Commission and to the Governor,
7    or as the Governor or Commission may request.
8        (11) (Blank).
9        (12) To prepare and publish a semi-annual statement
10    showing the number of employees exempt and non-exempt from
11    merit selection in each department. This report shall be
12    in addition to other information on merit selection
13    maintained for public information under existing law.
14        (13) To authorize in every department or agency
15    subject to Jurisdiction C the use of flexible hours
16    positions. A flexible hours position is one that does not
17    require an ordinary work schedule as determined by the
18    Department and includes but is not limited to: 1) a part
19    time job of 20 hours or more per week, 2) a job which is
20    shared by 2 employees or a compressed work week consisting
21    of an ordinary number of working hours performed on fewer
22    than the number of days ordinarily required to perform
23    that job. The Department may define flexible time to
24    include other types of jobs that are defined above.
25        The Director and the director of each department or
26    agency shall together establish goals for flexible hours



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1    positions to be available in every department or agency.
2        The Department shall give technical assistance to
3    departments and agencies in achieving their goals, and
4    shall report to the Governor and the General Assembly each
5    year on the progress of each department and agency.
6        When a goal of 10% of the positions in a department or
7    agency being available on a flexible hours basis has been
8    reached, the Department shall evaluate the effectiveness
9    and efficiency of the program and determine whether to
10    expand the number of positions available for flexible
11    hours to 20%.
12        When a goal of 20% of the positions in a department or
13    agency being available on a flexible hours basis has been
14    reached, the Department shall evaluate the effectiveness
15    and efficiency of the program and determine whether to
16    expand the number of positions available for flexible
17    hours.
18        Each department shall develop a plan for
19    implementation of flexible work requirements designed to
20    reduce the need for day care of employees' children
21    outside the home. Each department shall submit a report of
22    its plan to the Department of Central Management Services
23    and the General Assembly. This report shall be submitted
24    biennially by March 1, with the first report due March 1,
25    1993.
26        (14) To perform any other lawful acts which he may



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1    consider necessary or desirable to carry out the purposes
2    and provisions of this law.
3    The requirement for reporting to the General Assembly
4shall be satisfied by filing copies of the report as required
5by Section 3.1 of the General Assembly Organization Act, and
6filing such additional copies with the State Government Report
7Distribution Center for the General Assembly as is required
8under paragraph (t) of Section 7 of the State Library Act.
9(Source: P.A. 100-1148, eff. 12-10-18.)