SB0727sam001 101ST GENERAL ASSEMBLY

Sen. Suzy Glowiak

Filed: 4/1/2019

10100SB0727sam001 LRB101 04488 RJF 58890 a

AMENDMENT TO SENATE BILL 727

AMENDMENT NO. ______. Amend Senate Bill 727 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Native American Employment Plan Act.

Section 5. Purpose. The purposes of this Act are to:

(1) Improve the delivery of State services to Illinois' Native Americans by increasing the number of Native American State employees and the number of Native American State employees serving in supervisory, technical, professional, and managerial positions.

(2) Identify State agencies' staffing needs and qualification requirements.

(3) Track hiring practices and promotions of Native Americans employed by State agencies.

(4) Increase the number of Native Americans employed by State agencies.

(5) Increase the number of Native American State employees who are promoted.

(6) Assist State agencies to meet their goals established under the Native American Employment Plan.

(7) Establish the Native American Employment Plan Advisory Council.

Section 10. Definitions. As used in this Act:

"Department" means the Department of Central Management Services.

"Eskimos or other aboriginal people of Alaska" has the same meaning as "native" under subsection (b) of Section 1602 of Title 43 of the United States Code.

"Native American" means a person who is at least one of the following:

(1) A member of any recognized Indian Tribe now under federal jurisdiction who is officially enrolled in accordance with the Tribe's constitutional membership criteria.

(2) A person whose ancestry is from certain non-federally recognized Tribes as determined by the Bureau of Indian Affairs, where the Tribe is recognized by an individual state, and the person is officially enrolled in accordance with the Tribe's constitutional membership criteria.

(3) Of the Eskimos or other aboriginal people of Alaska.

"State agency" or "agency", whether used in the singular or plural, means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the Supreme Court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the General Assembly or its committees or commissions.

Section 15. Native American Employment Plan.

(a) The Department shall develop and implement plans to increase the number of Native Americans employed by State agencies and the number of Native Americans employed by State agencies at supervisory, technical, professional, and managerial levels.

(b) The Department shall prepare and revise annually a Native American Employment Plan in consultation with individuals and organizations knowledgeable on this subject and with the Native American Employment Plan Advisory Council. The Department shall report to the General Assembly by February 1 of each year, beginning with February 1, 2020, each State agency's activities that implement the Native American Employment Plan.

(c) The Department shall monitor compliance with the Native American Employment Plan and may assign that duty to the Department's staff or to a full-time Native American Employment Coordinator who shall be appointed by the Native American Employment Plan Advisory Council. Nothing in this Act mandates the Department to hire additional staff.

Section 20. State agency affirmative action and equal employment opportunity goals.

(a) Each State agency shall implement strategies and programs in accordance with the Native American Employment Plan to increase the number of Native Americans employed by that State agency and the number of Native Americans employed by that State agency at supervisory, technical, professional, and managerial levels.

(b) Each State agency shall report annually to the Department and the Department of Human Rights, in a format prescribed by the Department, all of the agency's activities in implementing the Native American Employment Plan. Each agency's annual report shall include: (1) reports or information related to the agency's Native American employment strategies and programs that the agency has received from the Department, the Department of Human Rights, or the Auditor General, pursuant to their periodic review responsibilities; (2) findings made by the Governor in his or her report to the General Assembly; (3) assessments of service needs based upon the agency's service populations; (4) information on the agency's studies and monitoring success concerning the number of Native Americans employed by the agency at the supervisory, technical, professional, and managerial levels, and any increases in those categories from the prior year; and (5) information concerning the agency's Native American employment budget allocations.

(c) The Department shall assist State agencies required to establish preparation and promotion training programs under subsection (H) of Section 7-105 of the Illinois Human Rights Act for failure to meet their affirmative action and equal employment opportunity goals. The Department shall survey State agencies to identify effective existing training programs and shall serve as a resource to other State agencies. The Department shall assist agencies in the development and modification of training programs to enable them to meet their affirmative action and equal employment opportunity goals and shall provide information regarding other existing training and educational resources, such as the Upward Mobility Program, the Illinois Institute for Training and Development, the Department of Central Management Services Training Center or its successor, Executive Recruitment Internships, and Graduate Public Service Internships.

Section 25. Native American Employment Plan Advisory Council.

(a) The Native American Employment Plan Advisory Council is created. The Advisory Council shall consist of 11 members, each of whom shall be a Native American subject matter expert, appointed by the Governor. Ex officio liaison members shall be appointed by the Director or Secretary of each of the following agencies:

(1) Department on Aging;

(2) Department of Children and Family Services;

(3) Department of Commerce and Economic Opportunity;

(4) Department of Corrections;

(5) Department of Employment Security;

(6) Department of Human Services;

(7) Department of Human Rights;

(8) Department of Healthcare and Family Services;

(9) Department of Public Health; and

(10) Department of Transportation.

(b) Members of the Native American Employment Plan Advisory Council who are appointed by the Governor shall serve without compensation. Ex officio liaison members shall not receive any compensation in addition to their regular salary. All members of the Council shall be reimbursed for their reasonable and necessary expenses from funds appropriated for that purpose.

(c) The Native American Employment Plan Advisory Council shall appoint a Native American Employment Coordinator. In addition to any other duties which may be prescribed by law, the duties of the Native American Employment Coordinator under this Act shall be determined by the Council.

(d) The Native American Employment Plan Advisory Council shall examine:

(1) the prevalence and impact of Native Americans employed by State government;

(2) the barriers faced by Native Americans who seek employment or promotional opportunities in State government; and

(3) possible incentives that could be offered to foster the employment and promotion of Native Americans in State government.

(e) The Council shall meet quarterly to provide consultation to State agencies and the Native American Employment Coordinator.

(f) The Native American Employment Plan Advisory Council shall receive administrative support from the Department of Central Management Services and shall issue an annual report of its activities each year on or before February 1, beginning February 1, 2021.

Section 100. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-125 as follows:

(20 ILCS 405/405-125) (was 20 ILCS 405/67.31)

Sec. 405-125. State agency affirmative action and equal employment opportunity goals. Each State agency shall implement strategies and programs in accordance with the State Hispanic Employment Plan, and the State Asian-American Employment Plan, and the Native American Employment Plan to increase the number of Hispanics employed by the State, the number of Asian-Americans employed by the State, and the number of bilingual persons employed by the State, and the number of Native American persons employed by the State at supervisory, technical, professional, and managerial levels. Each State agency shall report annually to the Department and the Department of Human Rights, in a format prescribed by the Department, all of the agency's activities in implementing the State Hispanic Employment Plan, and the State Asian-American Employment Plan, and the Native American Employment Plan. Each agency's annual report shall include reports or information related to the agency's Hispanic, Asian-American, Native American, and bilingual employment strategies and programs that the agency has received from the Illinois Department of Human Rights, the Department of Central Management Services, or the Auditor General, pursuant to their periodic review responsibilities; findings made by the Governor in his or her report to the General Assembly; assessments of bilingual service needs based upon the agency's service populations; information on the agency's studies and monitoring success concerning the number of Hispanics, Asian-Americans, Native Americans, and bilingual persons employed by the agency at the supervisory, technical, professional, and managerial levels and any increases in those categories from the prior year; and information concerning the agency's Hispanic, Asian-American, Native American, and bilingual employment budget allocations. The Department shall assist State agencies required to establish preparation and promotion training programs under subsection (H) of Section 7-105 of the Illinois Human Rights Act for failure to meet their affirmative action and equal employment opportunity goals. The Department shall survey State agencies to identify effective existing training programs and shall serve as a resource to other State agencies. The Department shall assist agencies in the development and modification of training programs to enable them to meet their affirmative action and equal employment opportunity goals and shall provide information regarding other existing training and educational resources, such as the Upward Mobility Program, the Illinois Institute for Training and Development, the Central Management Services Training Center, Executive Recruitment Internships, and Graduate Public Service Internships.

(Source: P.A. 97-856, eff. 7-27-12.)".