Public Act 102-0617
 
HB3914 EnrolledLRB102 16820 RJF 22223 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 1. This Act may be referred to as the Positive 
Action Act.
 
    Section 5. The Department of Central Management Services 
Law of the
Civil Administrative Code of Illinois is amended  by 
adding Sections 405-101, 405-123, and 405-124 as follows:
 
    (20 ILCS 405/405-101 new)
    Sec. 405-101. Positive action toward addressing systemic 
racism and barriers to increase workforce diversity in State 
employment.
    (a)   The Director will strive to do the following:
        (1)   identify statutes which impede access and 
    opportunities for minorities and marginalized individuals 
    to gain employment with the State of Illinois and
seek 
    legislation to change those statutes to remove barriers to 
    employment; and
        (2)   identify policies which impede access and 
    opportunities for minorities and marginalized individuals 
    to gain employment with the State of Illinois and make 
    changes to those policies to remove barriers to 
    employment.
    (b)   For purposes of this Section, "positive action" means 
taking proactive leading action to identify statutes and 
policies which impede access and opportunity for minorities 
and marginalized individuals to gain employment with the State 
of Illinois and to seek legislation and make policy changes.
 
    (20 ILCS 405/405-123 new)
    Sec. 405-123. State agency interview panel diversity.
    (a)    Each State agency shall establish the goal of 
increasing diversity on interview panels in order to increase 
State employment opportunities provided to women, minority 
persons, and persons to which the goals of the following 
programs apply: (i) the African American Employment Plan; (ii) 
the Hispanic Employment Plan; (iii) the Asian American 
Employment Plan; (iv) the Native American Employment Plan; and 
(v) the requirements concerning employment of bilingual 
persons.
    (b)    Each State agency shall use in the interview process, 
if possible, persons that are representative of the persons 
specified under subsection (a) if the interview being 
conducted meets the following criteria:
        (1)    the hiring State agency implements an interview 
    panel for the position consisting of 3 or more panel 
    members; or
        (2)    the hiring State agency implements a multi-round 
    interview process consisting of 2 or more rounds for the 
    position.
    (c)    Each State agency shall submit an annual report to the 
Department of Central Management Services concerning its 
actions under this Section, and the Department shall report 
annually on these actions through the employment plans 
specified under subsection (a). The report shall include the 
following:
        (1)   the number of applicants that were interviewed 
    that are representative of the persons and employment 
    plans specified under subsection (a);
        (2)   the number of interviews in which the hiring 
    personnel and the applicant were both representative of 
    the persons or employment plans specified under subsection 
    (a); and
        (3)   the number of applicants that met the criteria of 
    the persons and employment plans specified under 
    subsection (a) that were hired by a State agency.
    (d)     The requirements of this Section shall not apply to 
State employment for job titles that are classified as 
Rutan-exempt, or for which political considerations may be 
taken into account when hiring personnel.
 
    (20 ILCS 405/405-124 new)
    Sec. 405-124. Employees with child support payments. The 
Department shall increase State employment career counseling 
opportunities for individuals who are in arrears on their 
child support payments. The Department shall dedicate staff to 
consult with individuals and organizations informed on the 
subject of non-payment of child support to develop plans for 
the most effective career counseling opportunities for these 
individuals.
 
    Section 10. The Personnel Code is amended  by changing 
Section 8b.4 as follows:
 



    (20 ILCS 415/8b.4)  (from Ch. 127, par. 63b108b.4)



    Sec. 8b.4. 
For the rejection of candidates or eligibles 
who fail to comply
with reasonable previously specified job 
requirements of the Director in
regard to such factors as age, 
physical and psychological condition,
training and experience; 
who have been guilty of infamous or disgraceful
conduct; who 
are addicted to alcohol to excess or to controlled substances

or uses cannabis; or who have attempted any deception or fraud 
in
connection with an examination. Those candidates who are 
alleged to have attempted deception or fraud in connection 
with an examination shall be afforded the opportunity to 
appeal and provide information to support their appeal which 
shall be considered when determining their eligibility as a 
candidate for employment. 

(Source: P.A. 77-773.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2022.